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10/28/2014
CITY OF GRAND TERRACE AGENDA & STAFF REPORTS FOR THE REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY & THE GRAND TERRACE HOUSING AUTHORITY Tuesday, October 28, 2014 -6 00 p.m. Regular Meeting S COUNCIL CHAMBERS I GRAND TERRACE CIVIC CENTER - 22795 BARTON ROAD GRAND TERRACE, CA 92313 Walt Stanckiewitz, Mayor Darcy McNaboe, Council Member Jackie Mitchell, Council Member J Sylvia Robles, Council Member Kenneth J Henderson, Interim City Manager Richard L Adams, City Attorney Pat Jacquez-Nares, City Clerk Cynthia A Fortune, Finance Director Sandra Molina, Community Development Director t I I, The Grand Terrace'City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m CITY OF GRAND TERRACE 0 CITY COUNCIL AGENDA • OCTOBER 28, 2014 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 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 or <http //www cityofgrandterrace orq> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance Roll Call Attendee Name r Present Absent ' Late Arrived Mayor Walt Stanckiewitz ❑ ❑ ❑ Council Member Darcy McNaboe ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Sylvia Robles ❑ ❑ ❑ A SPECIAL PRESENTATIONS None B CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion City of Grand Terrace Page 1 Agenda Grand Terrace City Council October 28, 2014 1 Waive Full Reading of Ordinances on Agenda DEPARTMENT CITY CLERK 2 Approval of Minutes — Regular Meeting — 10/14/2014 DEPARTMENT CITY CLERK 3 Request by the Foundation of Grand Terrace for a Waiver of City Special Event and Facility Use Fees Related to the Annual Halloween Festival RECOMMENDATION Waive Special Event and Facility Use fees in the amount of One -Hundred and Eighty Dollars ($180) DEPARTMENT COMMUNITY DEVELOPMENT 4 Measure I Capital Project Needs Analysis for Fiscal Year 2015-2016 through 2019-2020 RECOMMENDATION RESOLUTION NO 2014-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2015-2016 THROUGH 2O19-2020 DEPARTMENT COMMUNITY DEVELOPMENT 5 Proposal from Avery & Associates, Inc , for Executive Recruitment Purposes RECOMMENDATION Approve proposal from William Avery & Associates, Inc, and authorize the execution of the City's standard professional services contract once prepared and approved by the City Attorney DEPARTMENT CITY ATTORNEY 6 City Hall Closure During the Holidays RECOMMENDATION Approve the closure of City Hall from December 22, 2014 through January 1, 2015, and, approve the cancellation of the second City Council Meeting held on the fourth Tuesday of December, 2014 DEPARTMENT CITY MANAGER 7 Approval of Check Register No 09302014 RECOMMENDATION Approve Check Register No 09302014, as submitted, which includes the Check Register Account Index for Fiscal Year 2014-15 DEPARTMENT FINANCE 8 Adoption of an Ordinance Amending Responsibilities Related to Sewer Laterals RECOMMENDATION ' Read by title only and adopt ORDINANCE NO 2014-277, AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 13 04 010 OF CHAPTER 13 04 OF TITLE 13 OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS DEPARTMENT CITY MANAGER City of Grand Terrace Page 2 Agenda Grand Terrace City Council October 28, 2014 C PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting D CITY COUNCIL COMMUNICATIONS Council Member Jackie Mitchell Council Member Sylvia Robles Council Member Darcy McNaboe Mayor Walt Stanckiewitz E PUBLIC HEARINGS To speak on Public Hearing Items, please fill out a Request to Speak Form and give it to the City Clerk Each person will be allowed 3 minutes to address the City Council If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you, or someone else, raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing All Public Hearings will be conducted following this format a) Public Hearing opened b) Written communication c) City Council questions/staff comments d) Applicant's comments (applicant not limited to 3 minutes) e) Oral - favor and opposition (speakers limited to 3 minutes) f) Applicant's rebuttal (applicant not limited to 3 minutes) g) Public Hearing closed h) City Council deliberation 9 Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Expansion or Establishment of Tobacco and Electronic Cigarette Retail Businesses, Smoke Shops and Vapor Lounges RECOMMENDATION (A) Adopt this Agenda Report as the Official Written Report Required by Government Code Section 65858(d), and, (B) Read by title only, waive further reading and adopt an INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN DAYS (15) DAYS A CITY-WIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858, TEMPORARILY PROHIBITING EXPANSION OF EXISTING, OR THE ESTABLISHMENT OF, NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES DEPARTMENT COMMUNITY DEVELOPMENT City of Grand Terrace Page 3 Agenda F UNFINISHED BUSINESS None G NEW BUSINESS Grand Terrace City Council October 28, 2014 10 Amend Chapter 8 04, Title 8 of the Grand Terrace Municipal Code, for Purposes of Adoption of San Bernardino County Code of Ordinances for Fire Hazard Abatement Services RECOMMENDATION INTRODUCE BY TITLE ONLY, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING CHAPTER 8 04 (NUISANCE ABATEMENT) TITLE 8 (HEALTH AND SAFETY), OF THE CITY OF GRAND TERRACE MUNICIPAL CODE, WITH THE ADDITION OF SECTION 8 04 200 ADOPTING CHAPTER 3 (ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES) SECTIONS 23 0301 THROUGH 23 0319 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE AND SECTION 8 04 0210 ADOPTING THE PROCEDURE PROVISIONS FOUND IN CHAPTER 2 (VIOLATIONS AND ENFORCEMENT), SECTIONS 110201 THROUGH 11 0212 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE WITH THE EXCEPTION OF THOSE SECTIONS RELATED TO PENALITES WHICH ARE SET OUT IN FULL HEREIN, IN ORDER TO PROVIDE FOR AN ALTERNATIVE FORM OF FIRE HAZARD ABATEMENT FOR THE CITY OF GRAND TERRACE DEPARTMENT COMMUNITY DEVELOPMENT 11 Proposed 2030 Vision Communications Plan RECOMMENDATION Approve proposed 2030 Vision Communications Plan DEPARTMENT CITY MANAGER H CITY MANAGER COMMUNICATIONS CLOSED SESSION 12 Conference with Labor Negotiator, poursuant to Government Code Section 54957 6 Agency Representative Richard L Adams II, City Attorney, Unrepresented Employee Interim City Manager 13 Public Employment, pursuant to Government Code Section 54957(b)(1) Title City Manager J RECONVENE TO OPEN SESSION City of Grand Terrace Page 4 Agenda Grand Terrace City Council October 28, 2014 ADJOURN The Next Regular City Council Meeting will be held on Wednesday, November 12, 2014 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 City of Grand Terrace Page 5 This page left intentionally blank Council Chambers CALL TO ORDER CITY OF GRAND TERRACE CITY COUNCIL MINUTES • OCTOBER 14, 2014 Regular Meeting Grand Terrace Civic Center • 22795 Barton Road 6 00 PM Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Mayor Stanckiewitz called the meeting to order at 6 02 p m Invocation was provided by Pastor Andy McRae from the Azure Hills Seventh-Day Adventist Church Pledge of Allegiance was led by Interim Assistant City Manager Wong Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Kenneth J Henderson Interim City Manager Present Richard Adams City Attorney Present Pat Jacquez-Nares City Clerk Present Emily Wong Interim Assistant City Manager Present Sandra Molina Community Development Director Present Cynthia Fortune Finance Director Present Steve Elam Project Manager, Finance Department Present Linda Phillips Director of Child Care Services Present Steve Dorsey Captain I Present SPECIAL PRESENTATIONS Introduction by Captain Dorsey (to include DVD Presentation - "Every 15 Minutes") Mayor Stanckiewitz welcomed Captain Steve Dorsey, San Bernardino County Sheriffs Department, and thanked him for attending the City Council Meeting Captain Dorsey provided a summary of the "Every 15 Minutes" program that will be held at the Grand Terrace High School in 2015 He also provided a brief introduction to the video featuring the collaboration of the Los Osos High School and Rancho Cucamonga Police Department in 2014 After the video, Captain Dorsey requested that the Council formally approve funding for this project By Council consensus, an item for formal adoption shall be placed on a future Council meeting agenda Presentation by The REC Center Mayor Stanckiewitz welcomed Jennifer Araiza, Executive Director of the REC Center, and thanked her for attending the City Council Meeting City of Grand Terrace Page 1 Packet Pg 6 U 2 Minutes Grand Terrace City Council aK '� a. October 14, 2014 Jennifer Araiza, requested that everyone stand for the National Anthem sung by the students of the REC Center Ms Araiza also provided a summary of the REC Center in her PowerPoint presentation Proclamation for Fire Public Safety Week presented to Fire Chief or Battalion Chief John Chamberlin Mayor Stanckiewitz, along with the City Council, presented the Proclamation, read by Council Member Mitchell, to Battalion Chief John Chamberlin and Fire Prevention Specialist Jeff Stinson of the San Bernardino County Fire Department, declaring the week of October 5 - October 11, 2014 as Fire Prevention Week Specialist Jeff Stinson thanked the City Council for the Proclamation on Fire Prevention and for their support CONSENT CALENDAR APPROVED ALL CONSENT CALENDAR ITEMS RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member ,SECONDER Jackie Mitchell, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 1 Waive Full Reading of Ordinances on Agenda WAIVED FULL READING OF ALL ORDINANCES ON AGENDA 2 Approval of Minutes — Regular Meeting — 09/23/2014 3 Budget Appropriation for the Preparation of the Sewer System Management Plan APPROVED APPROPRIATION OF $10,000 INTO ACCOUNT # 21-175-250-000-000 FROM THE WASTEWATER DISPOSAL FUND TO COVER THE COST FOR PREPARATION OF THE SEWER SYSTEM MAINTENANCE PLAN 4 Monthly Financial Report for August 2014 RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING AUGUST 31, 2014 5 Resolution Revising Appropriations Limit for Fiscal Year 2014-15 A REPEALED RESOLUTION NO 2014-023, WHICH ESTABLISHED THE APPROPRIATIONS LIMIT OF $11,399,967 FOR FISCAL YEAR 2014-15, AND, B ADOPTED RESOLUTION NO 2014-066 TO ESTABLISH A REVISED APPROPRIATIONS LIMIT OF $11,426,043 FOR FISCAL YEAR 2014-15 BASED ON INFORMATION THAT WAS NOT AVAILABLE WHEN RESOLUTION NO 2014-023 WAS ADOPTED PUBLIC COMMENT None 0 2 City of Grand Terrace Page 2 Packet Pg 17 b Minutes Grand Terrace City Council October 14, 2014 CITY COUNCIL COMMUNICATIONS Council Member Jackie Mitchell Council Member Mitchell stated her concerns with vehicles speeding and not stopping at stop signs along Mt Vernon, Michigan, and Pico streets She requested that staff identify potential funding for striping on stop sign approaches and signage for school zones crossings Council Member Sylvia Robles Council Member Robles stated her concerns with the City's notice on the parking issue sent to the occupants of the apartment complex next to City Hall She informed staff that there are red curbs along the street that do not allow for sufficient parking She requested that staff look into locations that the apartment occupants can park and asked if the City was renting parking spaces to these occupants L ca Council Member Robles participated in the Grand Terrace High School Career Day She requested that community members participate in order to assist these students moving from High School to the work environment Council Member Robles attended manufacturer's day event at Wilden Pump & Engineering v w She also attended the Colton Joint Unified School District Cabinet Meeting V! C Council Member Robles commended Interim Assistant City Manager Wong on the Economic C Development pamphlet she prepared for the International Council of Shopping Centers (ICSC) v conference Council Member Darcy McNaboe Council Member McNaboe stated she also attended the Colton Joint Unified School District Cabinet Meeting and what she realized from this meeting was the need for partnering relationships with the community to assist the students with job shadowing and mentoring She thanked Barnett Realty for their huge grand opening party Mayor Walt Stanckiewitz c w m Mayor Stanckiewitz stated he also attended the manufacturer's day event at Wilden Pump & Engineering with Council Member Robles and Council Member Mitchell This event was very beneficial to the high E school students that participated He read the memorandum that was distributed to all the Council Members on the Special Barton Road Interchange Construction Project slated to begin in 2016 Mayor Stanckiewitz stated that Auditor Controller, Larry Walker, had provided a copy of his presentation to all of cYa the Council Members °- d v Interim City Manager Henderson requested that Captain Dorsey speak on the traffic safety issues Q H 01 r+ Captain Dorsey stated that their main focus was educating the community on the dangers of speeding 3 and various traffic violations He further stated that they were actively working on addressing these S 2 issues and will be implementing specific traffic safety/enforcement measures in the future PUBLIC HEARINGS To speak on Public Hearing Items, please fill out a Request to Speak Form and give it to the City Clerk Each person will be allowed 3 minutes to address the City Council If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you, or someone else, raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing City of Grand Terrace Page 3 Packet Pg 8 :2' Minutes Grand Terrace City Council October 14, 2014 All Public Hearings will be conducted following this format (a) Public Hearing opened (d) Applicant's comments (applicant not limited to 3 minutes) (b) Written communication (e) Oral - favor and opposition (speakers limited to 3 minutes) (c) City Council/staff comments (f) Public Hearing closed 6 Tentative Tract Map 14-01 (Tentative Tract Map No 18071) Mayor Stanckiewitz opened the Public Hearing at 7 14 p m Community Development Director Molina provided a summary and PowerPomt presentation for this item There was no written communications for this item The Mayor requested comments from Council At this time, there were no questions or comments by Council a c 2 Bill McKeever, Project Engineer, stated the issues the project had and corrected to date t� w Jeffrey McConnell, Grand Terrace resident, stated his support for this protect N c 0 Mark Roberts, Grand Terrace resident, stated his opposition to the project He requested single story �? homes, the project be fenced and that the adjoining block wall be built to the height of the existing wood fence and that the wood fence be removed a Todd Campbell, Grand Terrace resident, stated his opposition to the project He requested that the wood fence be removed and that only the block fence be left standing He also had an issue with the pad height c of the new homes and requested that only single story homes be built for privacy Mr Campbell was N further concerned with the dust level affecting his solar panels Bill McKeever, Project Engineer, stated that the market and lots were not conducive to single story 0 homes The State Department of Water Resources has very stringent requirements on the ability to lower c the pad heights The wood fences are located outside the developer's property, the best that could be done would be to build the block wall to the property line and each owner could remove their own wood 3 fence To address the dust, any project in the State of California is under extremely rigid requirements to 5 limit the dust Council Member McNaboe requested clarification on the single -story homes on the property She further d asked if the Planning Commission would make the determination on the single versus two story houses at c, a future date Q Bill McKeever, Project Engineer, stated that there are six lots for single -story homes that need to be custom built, therefore, it would be very difficult to build as one story homes Mr McKeever clarified that the Planning Commission would only review the design aspects because the City did not have a E requirement to build only single -story homes Mayor Stanckiewitz stated that throughout the City there were elevation issues where some homes are higher than their neighbors There being no further speakers on this item, Mayor Stanckiewitz closed the Public Hearing at 7 34 p m Council Member McNaboe requested clarification on item number 35 on the conditions of approval, perimeter fencing Community Development Director Molina stated that the fencing would be determined upon the final grading plan City of Grand Terrace Page 4 Packet'Pg 9 y Minutes 7 Grand Terrace City Council 5 October 14, 2014 ADOPTED RESOLUTION NO 2014- 067, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AN ENVIRONMENTAL ADDENDUM AND APPROVING TENTATIVE TRACT MAP NO 14-01 (TENTATIVE TRACT MAP NO 18071) A SUBDIVISON OF AN 8 26 ACRE PARCEL INTO 17 SINGLE FAMILY LOTS AND TWO LETTER LOTS LOCATED ON THE NORTH SIDE OF PICO STREET APPROXIMATELY 150 FEET EAST OF KINGFISHER ROAD RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Council Member SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles UNFINISHED BUSINESS None NEW BUSINESS Ordinance Amending Responsibilities Related to Sewer Laterals Interim Assistant City Manager Wong provided a brief summary on this item Council Member Mitchell stated that her neighbor had to spend about $12,000 for this type of repair She asked if the maintenance included those types of repairs Interim Assistant City Manager stated that the ordinance would cover maintenance and repairs from the property line to the main only The property owner was responsible from the house to the property line Council Member Robles supports this item ADOPTED ORDINANCE NO 2014-277, AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 13 04 010 OF CHAPTER 13 04 of Title 13 OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS RESULT APPROVED [UNANIMOUS] MOVER Sylvia Robles, Council Member { SECONDER Darcy McNaboe, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles 2 8 Agreement for the Review and Update of the City's Personnel Rules & Regulations Interim Assistant City Manager Wong provided the staff report on this item Council Member Robles stated that this was a benefit for the City and asked Mr Yee to provide his professional background Oliver Yee, Labor Attorney, Liebert Cassidy Whitmore, provided his experience with various public agencies City of Grand Terrace Page 5 `' Packet Pg 10 Minutes 9 10 11 12 Grand Terrace City Council °2 rZ f October 14, 2014 APPROVED AGREEMENT NO 2014-036 BETWEEN THE CITY OF GRAND TERRACE AND LIEBERT CASSIDY WHITMORE TO PROVIDE SERVICES TO REVIEW AND UPDATE THE CITY'S PERSONNEL RULES AND REGULATIONS RESULT APPROVED [UNANIMOUS] MOVER Walt Stanckiewitz, Mayor SECONDER Sylvia Robles, Council Member AYES Walt Stanckiewitz, Darcy McNaboe, Jackie Mitchell, Sylvia Robles Formation of City Council Committees Interim City Manager Henderson provided the staff report on this item A Council and Staff discussion ensued on the various types of committees, the benefits of standing versus ad hoc committees, and the impact on the staff By Council consensus, this item was continued to the November 12, 2014 City Council meeting RESULT CONTINUED CITY MANAGER COMMUNICATIONS Interim City Manager Henderson introduced the new City Clerk Pat Jacquez-Naves He also reminded everyone of the modified front counter hours 7 30 a m to 12 30 p m Monday through Wednesday and 1 30 p m to 5 30 p m on Thursday CLOSED SESSION Mayor Stanckiewitz recessed the City Council into Closed Session at 8 16 p m to consider the following Conference with Real Property Negotiators Property 22130 Barton Road, Grand Terrace, CA 92313 Agency negotiators Ken Henderson, Emily Wong, Robert Khuu Negotiating parties Grand Terrace Lion's Club and Colton Joint Unified School District Under negotiation Instruction will concern leases of real property by and for the City regarding the price and terms of payment for the leases Conference with Labor Negotiator, pursuant to Government Code Section 54957 6 Agency Representative Richard L Adams II, City Attorney, Unrepresented Employee Interim City Manager Public Employment, pursuant to Government Code Section 54957(b)(1) Title City Manager City of Grand Terrace Page 6 Packet'Pg 11 Minutes Grand Terrace City Council October 14, 2014 RECONVENE TO OPEN SESSION Mayor Stanckiewitz reconvened the City Council Meeting at 9 57 p m He reported that direction was given by the Council to Real Property Negotiators that included a timeline and no further reportable action He further reported that Council Member McNaboe recused herself from the Property discussion, citing a conflict of interest as a member of the Lions Club Mayor Stanckiewitz reported on items 11 (Interim City Manager) and 12 (Public Employment of City Manager) that direction was given to the City Attorney to enlist the help of the Labor Attorney from Liebert Cassidy Whitmore to resolve this matter and no further reportable action ADJOURN �a V Mayor Stanckiewitz adjourned the City Council Meeting at 9 58 p m The Next Regular City Council Meeting will be held on Tuesday, October 28, 2014 at 6 00 p m .r c d U! C O U E IL 0 0 W It Mayor of the City of Grand Terrace City Clerk of the City of Grand Terrace r. 2 City of Grand Terrace Page 7 7�PacketPg 12 Th►s page left ►ntentionally blank MEETING DATE October 28, 2014 Council Item TITLE Request by the Foundation of Grand Terrace for a Waiver of City Special Event and Facility Use Fees Related to the Annual Halloween Festival PRESENTED BY Sandra Molina, Community Development Director RECOMMENDATION Waive Special Event and Facility Use fees in the amount of One -Hundred and Eighty Dollars ($180) 2030 VISION STATEMENT This staff report supports Goal #4, "Develop and Implement Successful Partnerships Work Collaboratively with Community Groups, and Private and Public Sector Agencies to Facilitate the Delivery of Services Benefiting Youth, Seniors and Our Community" BACKGROUND As it has for the last few years, the Foundation of Grand Terrace will be bringing about the annual Halloween Festival The event will be from 3 00 p m , to 9 00 p m , at Richard Rollins Park The Foundation has submitted the Special Event and Facility Use Applications The associated filing and facility use fees total $180 The Foundation is requesting that the City Council waive these fees Calculation of the fees does not include any City staff time, as set up activities will be during City Hall operating hours DISCUSSION The Foundation of Grand Terrace was founded to develop resources, programs and activities that would strengthen the community It has formed several committees to better address specific programs and projects Committee members are volunteers who offer their time and expertise to accomplish certain community projects The Halloween Festival is an ongoing community event because of the commitment of many in the community, including the Foundation It is, therefore, recommended that the City Council support the Foundation's efforts and waive the filing and facility use fees in the amount of $180 FISCAL IMPACT The General Fund's projected revenues would be reduced by $180 Packet P 13 3 APPROVALS Sandra Molina Completed Finance Completed City Attorney Completed Community Development Completed City Manager Completed City Council Pending 10/15/2014 3 18 PM 10/16/2014 8 45 AM 10/16/2014 1144 AM 10/16/2014 2 24 PM 10/20/2014 11 54 AM 10/28/2014 6 00 PM PacketaPg 14 MEETING DATE TITLE PRESENTED BY AGENDA REPORT October 28, 2014 Council Item Measure I Capital Project Needs Analysis for Fiscal Year 2015-2016 through 2019-2020 Sandra Molina, Community Development Director RECOMMENDATION RESOLUTION NO 2014- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2015-2016 THROUGH 2O19-2020 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure 1:(63:Z•1111J`►I01 San Bernardino County voters approved passage of Measure I in November of 2004, authorizing San Bernardino Associated Governments, (SANBAG), acting as the San Bernardino County Transportation Authority (Authority), to impose a one-half of one - percent sale and use tax on retail transactions applicable in the incorporated and unincorporated territory of the County of San Bernardino The Measure I Strategic Plan requires local jurisdictions to annually adopt a Five -Year Capital Project Needs Analysis (CPNA), which documents project or program needs by fiscal year and includes the anticipated funding sources, funding amounts and project phasing where appropriate The CPNAs also demonstrate the availability of development mitigation fair share funds for projects included in the Needs Analysis The Capital Project Needs Analyses for Valley jurisdictions include projects for the Valley Freeway Interchange and Major Street Programs San Bernardino Associated Governments' staff will use these submittals, along with similar information from SANBAG departments, in a cash -flow analysis necessary for effective implementation of the Measure I Strategic Plan DISCUSSION Measure I revenue can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set by Ordinance No 04-01 and Ordinance No 89-1 of the Authority The Strategic Plan and Expenditure Plan Packet Pg 15 require each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update the Five -Year CPNA The CPNA, as recommended, identifies one project in the City where funds would improve traffic management, subject to projected availability of funds This project is "Widen Michigan Street from Commerce Way to Main Street from two (2) lanes to three (3) traffic lanes with the third lane a center turn land and bicycle lanes on both sides of Michigan Street " The Master Agreement for this project was approved by the City Council in May 2010 FISCAL IMPACT Under this Five -Year plan, the City is committing to obligate $365,900 00 from its development impact fees (arterial improvements) account over the five-year period including FY 2015-16 thru FY 2019-20 in order to advance the design and construction of the Michigan Avenue major circulation improvement project The City will receive $551,100 00 in Measure I subventions over the five year period for this project The City's commitment to obligate development impact fees is a requirement to receive the Measure I funds The CPNA does not obligate General Fund revenue The Measure I Five -Year Plan is updated annually If development impact fee revenues are not generated at the anticipated pace, the City's plan can be scaled back accordingly Should additional funding become available or City priorities change in the future, the City's Measure I Five -Year Plan can be revised with subsequent updates ATTACHMENTS • A - City Council Resolution_2014 CPNA (DOC) • B - CPNA FY15-16 to 19-20 Grand Terrace 10-2-14 (PDF) APPROVALS Sandra Molina Completed 10/15/2014 6 27 PM Finance Completed 10/16/2014 8 46 AM City Attorney Completed 10/16/2014 11 51 AM Community Development Completed 10/16/2014 2 24 PM City Manager Completed 10/20/2014 11 38 AM City Council Pending 10/28/2014 6 00 PM by PacketµPg 16 RESOLUTION NO 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2015-16 THROUGH 2O19-20 WHEREAS, San Bernardino County voters approved passage of Measure I, in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one- half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino, and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No 04-1 of the Authority, and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five -Year Capital Project Needs Analysis NOW, THEREFORE, THE CITY COUNCIL OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS SECTION 1 That the City Council of the City of Grand Terrace, State of California, hereby adopts the Measure I, Five -Year Capital Project Needs Analysis for Fiscal Year 2015-16 through 2019-20, a copy of which is attached to this resolution PASSED, APPROVED AND ADOPTED by the City Council of the City Grand Terrace at a regular meeting held on the 28th day of October, 2014 ATTEST Pat Jacquez-Nares City Clerk Walt Stanckiewitz Mayor PacketkPg 17 d w 00 n D 0 rn 1< Attachment A - City Council Resolution_2014 CPNA [Revision 2] (1583 Five Year Measure I Capital Project Needs Analysis) I, PAT JACQUEZ-NARES, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council held on the 28th day of October, 2014 by the following vote AYES NOES ABSENT ABSTAIN Pat Jacquez-Nares City Clerk M Go r Packet"PIi .19w Capital Project Needs Analysis City of Grand Terrace ._.. ._.-r____ I (Actual Fiscal Year 2014/2015 dollars - SANBAG will apply escalation factors, by year) o..al... Qk- cn 4a/ rN. - Qh ao ono% Project Information Phase Funding PRIOR* FY 16116 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FUTURE Widen Michigan Street from Commerce Way to main Street from two (2) lanes to three (3) traffic lanes with the third lane a center turn land and bicycle lanes on both sides of Michigan St Total Project Cost (FY 15116-19120) $1,471 72 Total Measure I Request (FY 15/16-19120) $884 20 (Summation of MI MAJ ST) Total Project Cost (All phases) PA&ED Total Cost _ Fund Type $48 70 —MI MAJ ST DEV FEE - Select Fund - - Select Fund - Other -- $ 2920 $ - $ - $ - $ - $ - $ - $ 1950 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - PS&E _ Total Cost Fund Type $1,423 02 MI MAJ ST DEV FEE -Select Fund - - Select Fund_ - $ 30390 $ 11022 $ 11022 $ 11022 $ 11022 $ 11022 $ - $ 20212 $ 7318 $ 7318 $ 7318 $ 7318 $ 7318 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Other _ $ - $ - $ - $ - $ - $ - $ - ROW__ Total Cost Fund Type $0 00 _ MI MAJ ST - Select Fund - - Select Fund - - Select Fund - Other $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $0 00 ~� Comments _ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - CONST _— Total Cost Fund Type $0 00 MI M_AJ_ST -MI-MAJ FEE - Select Fund - -Select Fund - - Select Fund - - Select Fund - Other _ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Is $ - $ - $ - $ - $ - $ - - $ - $ - $ - $ - 'Yrlor snouia laemiy any expenses Incurrea in prior years mai nave not yei Deen relmDursea Dy J/il'a5tA o including FY 2014/2015 expenses CPNA FY15 16 to 19 20 Grand Terrace-1 0 2 14 As - Proj 1 v ai 0 L I1 To s3. is U ai M 16- L aa) } LL Cl) Do et V_ N 0 �I d L ai H 13 c W 0 N Q1 O co T } LL Q Z a U m m E t 0 io Packet Pg 20 MEETING DATE TITLE PRESENTED BY AGENDA REPORT October 28, 2014 Proposal from Avery & Associates, Inc, for Executive Recruitment Purposes Richard Adams, City Attorney RECOMMENDATION Approve proposal from William Avery & Associates, Inc, and authorize the execution of the City's standard professional services contract once prepared and approved by the City Attornev 2030 VISION STATEMENT This staff report supports Our Mission, Our Vision, Our Core Values and Goals 1-5 of the City's 2030 Vision, through the recruitment and selection of a City Manager, responsible for the effective implementation of the Vision's 2014-2020 Strategic Plan BACKGROUND The City Council directed the City Attorney to seek proposals from executive search service providers From the three responses received, the proposal from William Avery & Associates, Inc , (Avery & Associates) has been selected to conduct recruitment for the City Manager position DISCUSSION Avery & Associates has extensive statewide experience recruiting chief executives for local governments, ranging from very small to large organizations During the past year alone, Avery has completed thirteen (13) successful recruitments in California The firm believes in exceptional service delivery through the submittal of detailed timelines for deliverables, followed by weekly recruitment status updates following initiation of the search Based on the firm's experience in human resource management and executive search, it is able to assist in formulating appropriate compensation and other employment arrangements The proposal provided by Avery & Associates provides a timeline of approximately seventeen (17) weeks With the approval and the execution of the contract in November, it is anticipated that the recruitment will be complete by late February s Packet Pg 21 FISCAL IMPACT Funding for this proposal totals $18,400, plus expenses not to exceed $6,500 If approved, an expense appropriation from the General Fund's fund balance will be allocated to the City Manager's professional services account (10-120-250) as shown in the table below Expense Armropnation Type Fund No Fund Title Account No Account Description Amount Expense 10 General Fund 10-120-250 City Manager Dept — Professional Services $24,900 ATTACHMENTS • A - Avery & Associates Proposal APPROVALS Richard Adams Finance City Attorney City Manager City Council (PDF) Completed 10/16/2014 146 PM Completed 10/20/2014 1 06 PM Completed 10/20/2014 4 48 PM Completed 10/20/2014 4 53 PM Pending 10/28/2014 6 00 PM Packet Fg 22 AV ER Y U F s O C 1 a 1 a 9 Los Gatos, CA October 8, 2014 Richard Adams, City Attorney City of Grand Terrace Dear Mr Adams Avery Associates is pleased to submit our proposal for the recruitment of a new City Manager for the City of Grand Terrace We take great pride in providing our clients exceptional service and excellent results These successful client partnerships result from an active and comprehensive level of Principal involvement leading to positive business relationships and highly satisfied clients We feel well suited to support the City in tlus assignment, as our firm has extensive experience in City Manager recruitments During the past year we've completed City Manager assignments for the cities of Saratoga, Rio Dell, Hercules, Sunnyvale, Half Moon Bay, South San Francisco, San Mateo, Pacifica, Hollister, Lynwood and Emeryville and the County Executive Officer for the County of Santa Barbara These communities range in population from 3,500 to 450,000 residents As a result of these collective assignments, we have a large, very current and active database of City Manager candidates that would be of great value to your city in this search Our extensive database of executives in municipal government provides an excellent foundation o for the outreach efforts we describe in our proposal We've also had extensive interaction with a City Councils, City Managers and Assistant City Managers based on our labor relations practice V Ln All of these contacts would be an excellent resource In support of this recruitment Following review of our proposal, it is our hope that our history of successful recruitments, our professionalism, and positive results we have delivered for our clients will provide the basis for selection of our firm The enclosed proposal contains the following information • Company Overview • Firm Qualifications/Experience • Recruitment Team • Recruitment Strategy * Recruitment Schedule William Avery & Associates, Inc Consultants to Management 3-1/2 N Santa Cruz Ave Suite A Los Gatos, CA 95030 408 399 4424 Fax 408 399 4423 www averyassoc net Q Packet Pg 23 �5A • References • Consulting Fee • Guarantees & Ethics Thank you for the opportunity to be considered for this recruitment If you have any questions, please do not hesitate to call me at 408-399-4424 Sincerely, Awl 91,LfIZwvl Paul Kimura PK jmc v CO LO Packet PgT 24 „5 A PROPOSAL FOR THE CITY OF GRAND TERRACE RECRUITMENT FOR THE CITY MANAGER William Avery & Associates, Inc — Overview William Avery & Associates, Inc (Avery Associates) is a successful and service focused Management Consulting firm based in Los Gatos, California Incorporated in 1982, the firm specializes in Executive Search, Labor Relations and Human Resources/Management Consulting The firm currently includes two Principals and several key consultants Bill Avery, the founder of Avery Associates, heads the firm He oversees the Labor Relations practice and also leads key searches Paul Kimura is the Principal who oversees the Executive Search and Recruitment practice Key staff members include Cris Piasecki, who supports the search practice and the firm's administrative staff includes Anne Mattemi, the Finance/Contracts Administrator, and Jackie Collins and Jessica Towner Temporary staff as needed augments the team Mr Avery, having served in the past as a City Manager, provides the firm with direct experience and knowledge of city administration Mr Ki mura's expertise in executive, technical and business recruitment, which he gained during his nineteen years of ingh technology experience, provides the basis for many of the recruitment strategies and tactics utilized by the firm Collectively and combined, the firms Principals offer exceptional expertise in the area of public sector recruitment and consulting Firm Qualifications/Experience — What Differentiates Avery Associates Exceptional service delivery and a very high quality work product provide excellent results for our clients This begins with the initial client meetings, which lead to detailed tunelmes for deliverables followed by weekly recruitment status updates following initiation of the search Our candidate outreach efforts are professionally and confidentially conducted The evaluation materials we provide clients are routinely characterized as accurate, comprehensive and of very lugh quality We believe more so than any other public sector recruitment firm This is largely based on our interview system utilizing behavioral interview techniques, which we describe in our recruitment plan This leads to a quality product with excellent end results for our clients The service element is based on two factors The first is the collective service philosophy from all of our organizational team members They are each dedicated to providing service and support to clients The second factor is based on the high level of engagement and participation from the firm Principals in every search assignment This hands-on involvement includes client interface, identifying and developing the ideal candidate profile and position specification, development of the search strategy, candidate outreach, interviewing and assessment, completion of reference interviews, candidate presentation, final interview facilitation and when desired, negotiation of employment terms with the successful candidate 1 Packet Pg 25 " 5A Recruitment Team for the City of Grand Terrace Paul Kimura will serve as the Project Lead and will be assisted by Cris Piasecki Mr Kimura will be personally involved in the initial client discussions, strategy development, outreach, interview and assessment of candidates, presentation of final candidates and will be available throughout the search process to provide other related consulting services Recruitment Strategy and Services Provided Position Profile and Organizational Assessment The initial assessment phase is a critical component of the search process Mr Kimura will meet with the key decision makers to discuss the organizational needs and position requirements and to formalize the job description In this assignment we would anticipate Mr Kimura having individual meetings with the City Council and with key staff members to solicit their views on the ideal candidate If desired, the team would also meet with community groups and key stakeholders identified by the City Community/stakeholder input can occur in several ways Most of our clients utilize either one or a combination of the following approaches (1) Creation of an online survey that is accessible to the public through the City's website, (2) Convening a community meeting to solicit input on the ideal qualifications and attributes for the city manager, (3) Council identifies representatives from the community who would then be contacted and "interviewed" by the consulting firm, or (4) Creation of a link from the City's website to an Avery email box for forwarding direct input Our goal for this aspect of the recruitment process is to • Understand the City priorities for this position Ln n • Develop a clear understanding and consensus on the expertise, experience, education, performance attributes and operational style of the ideal candidate o • Discuss the goals, objectives, deliverables, and challenges related to tlus position • Gain insight of the various organizational dynamics and departmental issues that exist within the organization • Identify the compelling aspects to this opportunity The formal position description and a subsequent ideal candidate profile would be developed from the above discussions and incorporated into the formal position a announcement The candidate profile is also utilized in various other means as a marketing tool, for advertising copy, postings, and for other announcements t 0 �a r w Q 2 Packet Pg 26 II Development of the Search Strategy Our search strategy will be developed in conjunction with the organizational assessment The final approach is based on your input and considerations during the assessment activity For this assignment, we feel it is critical to develop a high level of visibility with a comprehensive outreach program supplemented by a focused targeted recruitment approach It is our experience that despite extensive mailing, postings and announcements, many qualified individuals will not know of a position being available We would incorporate the following elements into this search Development of a targeted candidate list based on our extensive database of key executive contacts, referrals and recommendations from key sources, and other current and former City Management personnel who have extensive contacts and networks in this area Throughout the outreach period, this list of potential candidates is expanded through phone and/or email contact regarding this position Direct outreach and contact to various city managers and city/county executives who could be viable candidates for the position This allows us to contact and market the position to potential candidates that are not actively seeking new opportunities This aspect of outreach is essential to the success of the recruitment as many times, the successful candidate is not looking for another opportunity or is not aware the opportunity exists Our role is to actively and aggressively, yet professionally, identify and contact individuals that meet the position specifications To ensure we create as much visibility to the position as possible This includes an extensive mailing campaign to current city managers in the state and where possible a utilizing email blasts to city management memberslup Additionally, we would o utilize Internet posting on sites such as the ICMA, Western City and other a appropriate online sites We would also use print advertising the ICMA newsletter, co Jobs Available and if turn around time allows for it, Western City magazine III Candidate Assessment Our assessment process involves several "tiers" of evaluation All candidates responding to this position will initially be evaluated based on their resume and if appropriate, an extensive phone "screenmg"by a member of the project team Candidates who pass the initial "qualifying" criteria are then scheduled for a formal interview with Mr Kimura These extended personal interviews typically take one hour and a thorough discussion of their experience, accomplishments, management philosophy and interpersonal style takes place In interviewing candidates, we utilize a methodology based on "behavioral" interview Q techniques Fundamentally, this approach explores a candidate's past accomplishments and experiences that relate to the position being considered The philosophy here is that s �a .r Q Packet Pg 27 the best indicator of future performance is to evaluate past behavior This methodology allows the firm to "project" how a candidate would approach and address the key challenges in the new position Those individuals who best fit the position requirements will have a Candidate Assessment Report developed by the Principal who conducted the interview Additionally, two initial reference interviews are performed on these candidates The reference interviews provide our clients with additional insights on the candidate's "behavior" and style IV Candidate Presentation Upon completion of formal interviews, a selection of candidates for presentation is made We feel our extensive qualification, interview, and reference interviewing process and the knowledge gained during our initial assessment period, enable our client to proceed with fewer rather than more finalists However, we will not restrict or lttnit the number of candidates recommended as this decision is related to the overall strength and depth of the candidate pool The final candidates are presented in our extensive candidate presentation "book" Each finalist will have a file consisting of a candidate summary sheet, the submitted cover letter and resume, the Candidate Assessment Report (based on the "behavioral" interview), and two candidate reference interviews This extensive profile on each recommended candidate continually generates positive feedback from our clients as it provides extensive detail beyond just a resume The Candidate book also identifies other candidates who were given secondary consideration, which provides the client insight on others who were interviewed Candidate summary sheets are created for everyone who submitted a resume would also be included This provides the client an insight to the level and nature of response for their position V Selection Process Once the final candidate interview group is identified, we will assist in the structuring of the interview process and coordinate the interview scheduling activity Our firm will also provide candidates with guidance related to travel planning, hotel accommodations, as well as other interview planning issues Our firm will also develop potential interview questions and be in attendance during final interviews to help facilitate the process and to lead an end of day debrief and evaluation process Upon request, our firth will also arrange for summary background evaluations on the City's final one or two candidates A copy of these confidential reports can be provided for you The costs for these investigations are considered independent of the recruitment expenses listed below and will be invoiced separately 4 Packet Pg 28 VI Position Closure and Follow -Up Based on the firm's experience in human resource management and executive search, we are able to assist our clients in formulating appropriate compensation and other employment arrangements We will be available throughout our retention to assist in this process As a matter of policy, Avery Associates monitors the transition and progress of any executive we place with a client Within the first three to six months following the hired individual joining the City, we will speak with that individual to ensure the transition has effectively occurred During the same period we will also review the individual's status with your office Recruitment Schedule Task Scheduled Dates Search Initiation, Marketing & Advertising Development Weeks I - 4 ■ Initial meetings with City Council, staff, key stakeholders/community to define the ideal candidate profile ■ Develop working draft of the recruitment brochure for approval by client ■ Recruitment strategy finalized ■ Determination of advertising scope and placement deadlines ■ Brochure designed and printed Marketing, Advertisement and Outreach Period Weeks 4 -10 Advertise in ■ Mailing to City Managers ■ Jobs Available ■ Western City ■ ICMA newsletter and website ■ City Management Internet advertising Preliminary candidate screening Candidate Review - Screening and Finalists Selection Weeks 6 - 10 Development and finalization of Oral Board Interview process Weeks 11-13 and interview questions Oral Board Interviews with City Council Week 14 Department Head/Finance Staff/Council and/or Community Week 14-15 representative interviews with finalists (if desired) Final interviews and reference checks Week 16 Appointment Offer/Acceptance Week > 17 Report to Work Date Week >17 11* co Ln Packet Pg 29 References I City of Half Moon Bay John Muller, Mayor, 650 464 8226 II City South San Francisco, CA Mike Futrell, City Manager, 650 829 6605 Mich Mercado, HR Manager, 650 877 8523 III Town of Los Gatos Joe Pirzynski, Council Member, 408 356 3024 Greg Larson, Town Manager, 408 354 6837 Consulting Fee Based on the services described in our proposal, the professional services consulting fee for this recruitment will be $18,400 If awarded the search, we would request an initial retainer of $7,400 at the outset of the search A second mvoice of $5,500 would be submitted upon the Clients acceptance of a finalist candidate group The final balance of $5,500 would be invoiced upon acceptance of a job offer constituting completion of the search Our invoicing models ensures the firm will remain totally committed to the City throughout the duration of the search as the final invoice is not submitted until the City has an accepted candidate The consulting fee will be inclusive of all services defined within this proposal unless otherwise stated In addition to the Professional Services Fee, normal and direct out-of-pocket expenses associated with the search are charged back to the client Expenses for this assignment would be a not -to - exceed amount of $6,500 without the express consent of the City These expenses include advertising, clerical tune, supplies, printing, telephone, postage, summary background evaluations, and consultant travel for client discussions, meetings and local or out -of -area candidate interviews All expense items will be detailed and billed on a monthly basis Guarantees and Ethics Whenever William Avery & Associates, Inc is retained, we make several guarantees and commitments to a client Due to our experience, knowledge and success within the management -consulting field, we assure a client that we will only present candidates who meet a substantial majority of the ideal qualifications that you have outlined We are also committed to continue our search efforts until a successful candidate is employed During our placement efforts, we openly share any relationships, previous experience and knowledge for any candidate we present for consideration Our commitment and responsibility is to our clients and their best interests It is also our practice to replace a candidate who may voluntarily resign during the first year of his/her employment This same commitment applies if the client finds it necessary to terminate or to request the resignation of the selected individual in the first year for any reason In either case, we invoice a client only for out-of-pocket expenses incurred in identifying a replacement 6 Packet Pg 30 '�:;;,r•AGENDA REPORT MEETING DATE October 28, 2014 Council Item TITLE City Hall Closure During the Holidays PRESENTED BY Emily Wong, Interim Assistant City Manager RECOMMENDATION Approve the closure of City Hall from December 22, 2014 through January 1, 2015, and, approve the cancellation of the second City Council Meeting held on the fourth Tuesday of December, 2014 2030 VISION STATEMENT This staff report supports Goal #1, "Ensuring Our Fiscal Viability" by temporarily reducing some operational costs, including utilities and janitorial services, in City Hall during the period of closure during the holidays BACKGROUND During the 2013 calendar year, the Grand Terrace City Hall was closed for "the holidays", between December 22, 2013 and January 1, 2014 DISCUSSION The majority of City Halls do not experience a high level of traffic and public inquiries during the last two weeks of December In recent years, it has been customary to close the Grand Terrace City Hall during the week of Christmas and during the week between Christmas Eve and New Year's Day In addition, City Council, historically, has not met on the fourth Tuesday of December Since Christmas Eve lands on Wednesday, December 24th, staff recommends closing City Hall, beginning Monday December 22, 2014 through Thursday, January 1, 2015 Christmas Eve, Christmas Day, New Year's Eve and New Year's Day are official City -paid Holidays Employees will have the option of taking leave without pay or using their available administrative, vacation or floating holiday leave on December 22, 23, 29 and 30 FISCAL IMPACT Reduced use of utilities during the closure will have a minor positive impact by reducing operational cost associated with closing City Hall, to include utilities and janitorial services APPROVALS Emily Wong Completed 10/16/2014 4 02 PM Packet Pg 31 Finance Completed 10/20/2014 1 10 PM City Attorney Completed 10/20/2014 4 55 PM City Manager Completed 10/20/2014 5 44 PM City Council Pending 10/28/2014 6 00 PM Packet Pg 32 S AGENDA . . REPORI '.�i. MEETING DATE October 28, 2014 Council & Successor Agency Item TITLE Approval of Check Register No 09302014 PRESENTED BY Cynthia Fortune, Finance Director RECOMMENDATION Approve Check Register No 09302014, as submitted, which includes the Check Register Account Index for Fiscal Year 2014-15 2030 VISION STATEMENT This staff report supports Goal #1, "Ensuring Our Fiscal Viability", through the continuous monitoring of expenditure budgets, allocations and operational costs IJsWt,- Z19111 mo The check register, for the period ending September 30, 2014, has been prepared in accordance with Government Code §37202 and is hereby submitted for the City Council's approval On May 13, 2014, City Council approved the City's Fiscal Policies, which included Policy 2 01 — Accounts Payable Policy 2 01 states that a "check register will be prepared by the Finance Department and submitted to City Council for review and approval on a monthly basis during a regularly scheduled City Council meeting The check register will list all vendor payments for the preceding month along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment " Check Register No 09302014 lists all payments made to vendors during the month of August The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency Expenditure account number formats are XX-XXX-XXX [Fund - Department -Account] Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact A total of $295,955 21 in accounts payable checks were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register Packet Pg 33 Pavments laraer than 110.000 Check No Payee Description Amount 70747 So Ca Edison Aug Energy Usage $11,480 33 70755 City of San Bernardino Aug Animal Control Services 10,135 75 70783 Wdldan Financial Services Aug Finance Dept Services 24,608 00 70786 CalPERS 457 Plan 457 Plan Contribution — C Varela 23,000 00 70787 CalPERS 457 Plan 457 Plan Contribution — M Wirz 13,032 82 70812 San Bernardino County Sheriff Sep Law Enforcement Services 133,955 00 Pavroll costs for the month endina Auaust 31. 2014 Pay Per Period Ending Period Amount 19 09/12/2014 Biweekly Payroll for the Period $50,469 57 08/30/2014 — 09/12/2014 20 09/26/2014 Biweekly Payroll for the Period 54,290 74 09/13/2014 — 09/26/2014 FISCAL IMPACT All disbursements were made in accordance with the Approved Budget for Fiscal Year 2014-15 ATTACHMENTS • A -Check Register Account Index (PDF) • B - Check Register 09302014 (PDF) APPROVALS Finance Completed 10/20/2014 4 48 PM Cynthia Fortune Completed 10/20/2014 4 48 PM City Attorney Completed 10/20/2014 4 59 PM City Manager Completed 10/20/2014 5 07 PM City Council Pending 10/28/2014 6 00 PM Packet Pg 34 .o d cD W CA City of Grand Terrace Check Register Index No Fund Name 09 CHILD CARE FUND 10 GENERAL FUND 11 STREET FUND 12 STORM DRAIN FUND 13 PARK FUND 14 AB 3229 COPS FUND 15 AIR QUALITY IMPROVEMENT FUND 16 GAS TAX FUND 17 TRAFFIC SAFETY FUND/ TDA FUND 19 FACILITIES DEVELOPMENT FUND 20 MEASUREIFUND 21 WASTE WATER DISPOSAL FUND 22 COMMUNITY DEV BLOCK GRANT 26 LSCPG/ LGHTG ASSESSMENT DIST 44 BIKE LANE CAPITAL FUND 46 STREET IMPROVEMENT PROJECTS 47 BARTON RD BRIDGE PROJECT 48 CAPITAL PROJECTS FUND 32 CRA-CAPITAL PROJECTS FUND 33 CRA-DEBT SERVICE FUND 34 CRA-LOW & MOD HOUSING of No Department Name/Cost Center 110 CITY COUNCIL 120 CITY MANAGER 125 CITY CLERK 140 FINANCE 160 CITY ATTORNEY 172 BUILDING & SAFETY 175 PUBLIC WORKS 180 COMMUNITY EVENTS 185 RENTAL INSPECTION PROGRAM 187 ENFORCEMENT PROGRAM 190 GENERAL GOVERNMENT (NON-DEPT) 195 FACILITIES MAINTENANCE 370 COMMUNITY & ECONOMIC DEV 380 MGT INFORMATION SYSTEMS 410 LAW ENFORCEMENT 430 RECREATION SERVICES 440 CHILD CARE 450 PARKS MAINTENANCE 510 STREET & SIGNAL LIGHTING 600 WEST SIDE PARK 601 TRACT 14471 PICO & ORIOLE 602 FORREST CITY PHASE II 631 STORM DRAIN MAINTENANCE 801 PLANNING COMMISSION 802 CRIME PREVENTION UNIT 804 HISTORICAL & CULTURAL COMM 805 SENIOR CITIZENS PROGRAM 807 PARKS & REC COMMITTEE 808 EMERGENCY OPERATIONS PROG ►cct No General Account Numbers 110 SALARIES/WAGES 139 EMPLOYEES' BENEFIT PLAN 140 RETIREMENT 142 HEALTH/LIFE INSURANCE 143 WORKERS' COMPENSATION 138/141 MEDICARE / SUI 210 OFFICE EXPENSE 218-219 NON -CAPITAL FURN/SMALL TOOLS 220 SPECIAL DEPARTMENTAL EXP 230 ADVERTISING 235 COMMUNICATIONS 238-239 UTILITIES 240-242 RENTS & LEASES 245-246 MAINT BLDG GRNDS EQUIPMNT 250-251 PROFESSIONAL SERVICES 255-256 CONTRACTUAL SERVICES 260 INSURANCE & SURETY BONDS 265 MEMBERSHIPS & DUES 268 TRAINING 270 TRAVEUCONFERENCES/MTGS 272 FUEL & VEHICLE MAINTENANCE 570 WASTEWATER TREATMENT 33-300 DEBT SERVICE 7XX FACILITIES IMPRV (NO CIP) 700 COMPUTER -RELATED 701 VEHICLES & EQUIPMENT Attachment A - Check Register Account Index (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total C CARE KITCHEN & REST ROOM 70744 09/03/2014 CINTAS CORPORATION #150 E 09-440-228-000 000 150340998 SUPPLIES 08/27/2014 15000 15000 70745 09/03/2014 FLINT STRATEGIES E 10-190-280-000 000 20-2478 E 10-190-280 000 000 20-2477 ROSENOW SPEVACEK GROUP 70746 09/03/2014 INC E 10-190-250-000-000 0030146 70747 09/03/2014 SO CA EDISON COMPANY AUG 2014 EDISON E 09440-238-000-000 E 10 172-238 000 000 E 10 175-238-000 000 E 10-190-238-000 000 E 10450-238-000 000 E 16-510-238-000 000 70748 09/03/2014 TIME WARNER CABLE 70749 09/03/2014 XEROX CORPORATION E 10 805-238-000 000 8448 7245 075762313 E 10-190-212-000 000 E 10-190-700-000 000 075762312 E 10-190-212-000 000 E 10-190-700 000 000 FEE STUDY & COMMUNICATIONS PLAN 08/29/2014 PLANNING STUDY & COMMUNICATIONS PLAN 08/29/2014 PROPERTY TAX CONSULTING SVCS AUG ENERGY USAGE AUG SENIOR CNTR CABLE & INTERNET SRVCS AUG WC7556P XEROX COPIER LEASE AUG WC5755A XEROX COPIER LEASE 07/31/2014 08/31 /2014 2 550 00 2 250 00 4 800 00 3 993 75 3 993 75 2 247 49 13637 13636 7 456 63 1 01254 49094 11 480 33 09/07/2014 15127 15127 09/01/2014 181 12 30203 09/01/2014 7983 31237 87535 SEP MINUTETRAQ SUBSCRIPTION & 70750 09/10/2014 ACCELA INC #774375 E 10-125-250 000-000 7558 HOSTING 09/01/2014 70751 09/10/2014 ACCENT PRINT & DESIGN E 10-370 210 000-000 14-0168 BUSINESS CARDS-SANDRA MOLINA 08/12/2014 -0 m Pr 70752 09/10/2014 ARROWHEAD UNITED WAY B 10-022-65 00 ID -0 w rn 55000 3240 PR END 8/1/2014 8/15/2014 & 8/29/2014 PR END 8/1 8/29/2014 CONTRIBUTIONS 08/29/2014 4500 UAttachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) 55000 3240 4500 V IM CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descwtion Date Paid Total 70753 09/10/2014 AT & T SEP 2014 ATT SEP PHONE & INTERNET SERVICES 09/01/2014 E 09-440-235-000-000 62897 E 10-190-235-000 000 61230 E 10-450-235-000 000 71 19 E 10-805-235-000 000 20864 E 10-808-235-000-000 12611 1 64721 70754 09/10/2014 CALPERS 457 PLAN PR END 08/15/14 ADJ PR END 08/15/14 CONTRIBUTIONS/ADJ 08/15/2014 B 10 022-63-00 1 31486 B 10-022-64-00 21874 PR END 08/15/2014 PR END 08/15/2014 CONTRIBUTIONS/LOANS 08/15/2014 B 10 022-63-00 1 31333 B 10 022-64-00 21874 3 065 67 70755 09/10/2014 CITY OF SAN BERNARDINO E 10-187-256-000-000 2015-10000012 AUG ANIMAL CONTROL SRVCS 08/20/2014 10 135 75 10 13575 70756 09/10/2014 DATA QUICK B1-2323097 E 10-172-250-000-000 E 10-370-250-000-000 70757 09/10/2014 DISCOUNT SCHOOL SUPPLY E 09-440-223 000-000 D19779930101 EYEMED/FIDELITY SECURITY 70758 09/10/2014 LIFE B 10-022 61-00 8649408 70759 09/10/2014 EZ SUNNYDAY LANDSCAPE 6347 E 10-195-255 000-000 E 10-450-255 000-000 UPDATES TO PROPERTY TAX PROGRAM 09/02/2014 4350 8700 13050 SUPPLIES FOR C CARE TINY TOTS & SCHOOL AGE 09/02/2014 32305 32305 SEP EMPLOYEE PAID VISION ISURANCE 09/01/2014 MAINTENANCE FOR PARKS & PARKWAYS 08/22/2014 E 26-600-255 000-000 -p E 26 601-255-000-000 Ot r: FIRE EXTINGUISHER MAINTENANCE - C 'O 70760 09/10/2014 FIREMASTER E 09-440-247-000-000 0000191713 CARE 08/29/2014 cG w 4 Attachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) 5420 5420 83000 2 670 00 16000 8000 3 740 00 15350 15350 y W CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Description Date Paid Total HIGH TECH SECURITY 70761 09/10/2014 SYSTEMS 70762 09/10/2014 HERMAN HILKEY 70763 09/10/2014 ROBERT HINKLEY E 26-601-255 000-000 109625 E 10-110-142-000-000 FY13-14 HH R 10-200-15 09032014 RH 70764 09/10/2014 HONEYWELL ACS SERVICE E 10-195-257 000-000 5230248760 70765 09/10/2014 JONES & MAYER E 10-160-250 000 000 69084 E 32-200-251-000 000 69085 70766 09/10/2014 KDC INC DBA DYNALECTRIC R 10-200 03 09022014 70767 09/10/2014 METLIFE-GROUP BENEFITS B 10 022-61-00 SEP 2014 METLIFE 70768 09/10/2014 OFFICE DEPOT E 10-140-210 000 000 727395100001 E 10-172-210 000 000 726860239001 A E 10 370-210 000 000 726860239001 A E 10 195-245 000 000 726860239001 E 10-175-210 000 000 726861910001 70769 09/10/2014 PETTY CASH 09082014 E 09-440-221-000 000 E 09440-223 000 000 E 09440-228 000 000 -O m x 70770 09/10/2014 PROTECTION ONE E 10-195-247-000 000 31891344 lD .r w OCT SECURITY CAMERA MONITORING & REPAIRS 09/03/2014 FY 13-14 COUNCIL LIFE INS BENEFIT - HILKEY 09/10/2014 PARK RESERVATION REFUND 09/03/2014 2ND QTR HVAC MAINTENANCE & REPAIRS FOR C/H SYSTEM 09/01/2014 CITY ATTORNEY LEGAL SERVICES 08/31/2014 CITY ATTORNEY LEGAL SERVICES 08/31/2014 REFUND ON BUSINESS LICENSE OVERPAYMENT 09/02/2014 SEP EMPLOYEE/DEP DENTAL INSURANCE 09/15/2014 OFFICE SUPPLIES 09/02/2014 OFFICE SUPPLIES 08/27/2014 OFFICE SUPPLIES 08/27/2014 JANITORIAL SUPPLIES 08/27/2014 OFFICE SUPPLIES 08/27/2014 REPLENISH C CARE PETTY CASH 09/08/2014 3RD QTR ALARM MONITORING SERVICES 8000 8000 1 80000 1 80000 5000 5000 6 092 75 6 092 75 5 193 50 1 16550 6 359 00 2333 2333 31250 31250 121 53 8175 2999 6004 2375 31706 4171 12015 10467 09/02/2014 14741 26653 14741 V W Attachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total 70771 09/10/2014 PRUDENTIAL MUNICIPAL POOL AUG 2014 PRUDENTIAL SEP EAP LIFE AD&D DEP LIFE STD<D 08/21/2014 E 09-440 142 000-000 14461 B 10 022-66-00 59560 E 10-120-142-000-000 578 E 10-140-142-000-000 595 E 10 175 142 000 000 1206 E 10-185-142-000 000 11 65 E 10 370-142-000 000 1228 E 10-450-142-000 000 417 E 16-175-142-000-000 1044 E 21-175-142-000 000 253 E 32-200-142-000-000 567 81074 — CODE ENF - MAINT SRVC FOR FORD 70772 09/10/2014 QUICK LANE E 10-185-272-000-000 Q84036 ESCAPE HYBRID 09/05/2014 3692 3692 70773 09/10/2014 SYLVIA ROBLES E 10-110-142-000-000 AUG 2014 SR AUG HEALTH INSURANCE REIM-ROBLES 08/31/2014 39550 39550 70774 09/10/2014 ROCHELLE ROSENKILD E 10 804-220-000 000 09092014 ART SHOW PHOTOS 06/17/2014 3078 3078 SEP UPDATED ASSESSOR PARCEL 70775 09/10/2014 S B COUNTY ASSESSOR E 10-172-220 000 000 106276 MAPS 09/03/2014 200 200 SANTA FE BUILDING 70776 09/10/2014 MAINTENANCE E 09-440-244 000-000 13172 AUG JANITORIAL SERVICES 08/31/2014 98750 E 10-195-245 000 000 13169 AUG JANITORIAL SERVICES 08/31/2014 50833 E 10 450-245 000 000 13169 AUG JANITORIAL SERVICES 08/31/2014 45000 1 945 83 70777 09/10/2014 SO CA EDISON COMPANY AUG 2014 EDISON A AUG ENERGY USAGE 08/31/2014 E 10-805-238 000 000 1 77660 E 16 510-238 000 000 5 635 98 E 26 600-238 000-000 4980 m E 26 601-238 000 000 41 50 E 26 602-238 000 000 5810 7 561 98 M to .i w W to Attachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total 70778 09/10/2014 SYSCO RIVERSIDE INC 70779 09/10/2014 TLMA ADMINSTRATION TRANSPORTATION 70780 09/10/2014 ENGINEERING UNDERGROUND SERVICE 70781 09/10/2014 ALERT 70782 09/10/2014 WILLDAN E 09-440-228 000 000 409020553 7 E 16 510-255-000 000 TL0000010825 E 10-175-250 000 000 1377 E 16-900-220 000-000 820140292 002-14641 E 10-172-250 000-000 E 10-175-255 000 000 C CARE SUPPLIES LUNCHES & SNACKS 09/02/2014 JUNMUL TRAFFIC SIGNAL MAINT 08/21/2014 JUN/JUL TRAFFIC ENGINEERING SERVICES 08/28/2014 AUG DIG ALERT TICKETS PLAN CHECK INSPECTION & ENGINEERING SRVCS 56624 56624 42212 42212 1 04820 1 04820 09/01 /2014 7800 7800 08/04/2014 4 487 50 88000 5 367 50 WILLDAN FINANCIAL 70783 09/10/2014 SERVICES E 10-140-250 000 000 010-25331 AUG FINANCE DEPARTMENT SERVICES 09/03/2014 24 608 00 24 608 00 MILEAGE REIMBURSEMENT- EMILY 70784 09/10/2014 EMILY WONG E 21-175-271-000 000 07152014 WONG 07/15/2014 12357 12357 CA PUB EMPLOYEES RET 70785 09/11/2014 SYSTEM 1502 SEP PERS HEALTH INSURANCE 08/14/2014 E 09440-142-000 000 2 007 25 B 10 022-61-00 2 088 93 E 10-120-142-000 000 59326 E 10-140-142-000 000 31245 E 10 175-142-000 000 67235 E 10 190-265-000 000 31 31 E 10 370-142-000 000 29663 E 10-380-142-000 000 9888 E 10450-142-000 000 9888 d E 10 625-142-000 000 12458 E 16 175-142-000 000 26697 E 21-175-142 000 000 16809 E 21-625-142-000 000 5339 E 32-200-142-000-000 y 181 92 6 994 89 J 0 Attachment B -Check Register 09302014 (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total 70786 09/11/2014 CALPERS 457 PLAN 70787 09/11/2014 CALPERS 457 PLAN CHEVRON & TEXACO CARD 70788 09/17/2014 SERVICES B 10 022 63-00 09102014 CV B 10 022 63-00 09102014 MW 42238918 E 10-175-272-000 000 E 10-185-272-000 000 457 PLAN CONTRIBUTION-C VARELA 457 PLAN CONTRIBUTION-M WIRZ AUG VEHICLE FUEL 09/11/2014 23 000 00 23 000 00 09/11/2014 13 032 82 13 032 82 09/06/2014 73320 5359 78679 HINDERLITER de LLAMAS & SALES TAX AUDITING & CONSULTING 70789 09/17/2014 ASSOC E 10-140-250-000 000 0022838-IN SERVICES-FY 2014-15 09/12/2014 1 05092 1 05092 HOME DEPOT CREDIT SUPPLIES FOR CITY HALL PARKS SR 70790 09/17/2014 SERVICE 6035322500233683 CTR & C CARE 08/24/2014 E 09440-228-000-000 6589 E 10-195-245-000-000 7628 E 10450-245-000-000 23275 37492 LAGERLOF SENECAL AUG PROFESSIONAL SRVS - 70791 09/17/2014 GOSNEY E 10-120 250-000-000 09112014 LAGERLOF CONFERENCE CALL 09/11/2014 22125 221 25 70792 09/17/2014 OFFICE DEPOT E 10-120 210-000-000 728280288001 OFFICE SUPPLIES 09/05/2014 6663 E 10-120 210-000-000 728280815001 OFFICE SUPPLIES 09/05/2014 2922 95 85 70793 09/17/2014 SHELL FLEET MANAGEMENT E 10-175-272-000-000 8000209687409 AUG 2014 VEHICLE FUEL 08/21/2014 13356 13356 70794 09/17/2014 SO CA GAS COMPANY AUG 2014 GAS AUG NATURAL GAS USAGE 09/09/2014 E 09-440-238 000-000 4636 E 10-190-238-000-000 17722 E 10-805-238 000-000 9666 -p AUG 2014 CNG FUEL AUG CNG FUEL USAGE 09/09/2014 m E 09-440-272-000 000 2 58 7�C E 10-175-272-000 000 774 rt E 10-185-272-000 000 258 33314 t� `V !Q A � Attachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Description Date Paid Total 70795 09/17/2014 WIRZ & COMPANY E 10-120 230 000-000 78050 VISION PLAN POSTERS/FRAMES 09/10/2014 48816 488 16 70796 09/24/2014 ACCENT PRINT & DESIGN E 10-172-210 000-000 14-0190 BUSNINESS CARDS RICHARD MEDINA 09/09/2014 3240 3240 70797 09/24/2014 ALBERT A WEBB ASSOCIATES 143254 E 10 175 250-000 000 B 23 500 07-00 AMERICAN FIDELITY 70798 09/24/2014 ASSURANCE CO B 23 250 20 00 B179911 AMERICAN FIDELITY 70799 09/24/2014 ASSURANCE CO B 23-250-10 00 1021347A 70800 09/24/2014 CINTAS CORPORATION #150 E 09 440-228 000 000 150348240 CREATIVE MANAGEMENT 70801 09/24/2014 SOLUTIONS E 10-190-280 000-000 09042014 CMS 70802 09/24/2014 CASSANDRA CURROW R 09 440-23 09172014 CC DAILY JOURNAL 70803 09/24/2014 CORPORATION E 10-190-250-000 000 B2650331 70804 09/24/2014 FIREMASTER -0 m 70805 01/24/2014 GOPHER PATROL n tD tG N E 10 805-246-000 000 0000191765 E 10 805-246-000 000 0000191714 E 10 450-245-000 000 104975 PROF SRVS-MCDONALD SITE REVIEW 07/26/2014 AUG EMP PAID ACCIDENT/SUPP LIFE/SUPP STD AUG EMP PAID FLEX SPENDING/DEP CARE C CARE KITCHEN & REST ROOM SUPPLIES CLASS & COMP STUDY SCHOOL AGE PROGRAM REFUND 8022 56000 64022 07/17/2014 27538 27538 08/12/2014 23883 23883 09/10/2014 15000 15000 09/04/2014 7 550 00 7 550 00 09/17/2014 20025 20025 ORDINANCE 274 PUBLICATION 08/06/2014 SR CTR SEMI ANNUAL KITCHEN HOOD MAINT 08/29/2014 FIRE EXTINGUISHER MAINT- SR CNTR 08/29/2014 SEP GOPHER REMOVAL SERVICES 09/04/2014 80080 80080 28500 10700 39200 30000 30000 y W UAttachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total COUNCIL RETIREE BENFITS- HUGH 70806 09/24/2014 HUGH GRANT E 10-110-142-000-000 09212014 HG GRANT 09/21/2014 701 98 701 98 LAKESHORE LEARNING SUPPLIES FOR C CARE TINY TOTS & 70807 09/24/2014 MATERIALS E 09-440-228 000-000 1096/10914 SCHOOL AGE 09/15/2014 1 55586 1 55586 SEP HEALTH INSURANCE REIM- 70808 09/24/2014 JACQUELINE MITCHELL E 10-110-142-000 000 SEP2014JM MITCHELL 09/23/2014 22500 22500 70809 09/24/2014 OFFICE DEPOT E 10-190-210 000-000 730502793001 OFFICE SUPPLIES 09/18/2014 24819 24819 ROADRUNNER SELF STORAGE 70810 09/24/2014 INC E 10-140-241 000-000 17818 70811 09/24/2014 S B COUNTY INFORMATION E 10-175-240 000-000 16957 70812 09/24/2014 S B COUNTY SHERIFF 13974 E 10-410-255-000-000 E 10-410-256-000-000 E 14-411-256-000-000 70813 09/24/2014 SPARKLETTS 9637116 090114 E 09-440-238-000-000 E 10-190 238-000-000 E 10 805 238-000-000 70814 09/24/2014 SYSCO RIVERSIDE INC E 09440-228-000 000 409090661 3 E 09440-228-000 000 409160858 0 d THE COMPUTERIZED Pr 70815 09/24/2014 EMBROIDERY CO <D 0Z w E 10-175-218-000 000 19146 SEP STORAGE RENTAL 09/15/2014 12400 12400 AUG PAGER ACCESS 08/31/2014 911 911 SEP LAW ENFORCEMENT SERVICES 08/29/2014 AUG 2014 BOTTLED WATER 09/01/2014 C CARE SUPPLIES LUNCHES & SNACKS 09/09/2014 C CARE SUPPLIES LUNCHES & SNACKS 09/16/2014 4 MAINT UNIFORM SHIRTS 09/11/2014 UAttachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) 5 613 00 120 009 00 8 333 00 133 955 00 10558 5263 2168 17989 67351 46912 1 14263 18852 18852 v W CITY OF GRAND TERRACE Check History Listing September 1, 2014 - September 30, 2014 Check Check Invoice Amount Check No Date Vendor Account No Invoice No Invoice Descnotion Date Paid Total CABLE & INTERNET SERVICES AT THE 70816 09/24/2014 TIME WARNER CABLE E 10-805-238 000 000 8448 3825 SENIOR CENTER 09/23/2014 5891 5891 TYCO INTEGRATED SECURITY 70817 09/24/2014 LLC E 09-440 247-000 000 22730939 70818 09/24/2014 WILLDAN E 10-175-255-100-000 002-14761 ALARM MONITORING SYSTEM FOR CHILD CARE CTR ATTEND CALTRANS & SANBAG MEETINGS GRAND TOTAL 09/06/2014 37500 37500 09/02/2014 32500 32500 Attachment B - Check Register 09302014 (1589 Approval of Check Register No 09302014) $ 295,955 21 V MEETING DATE TITLE AGENDA REPORT October 28, 2014 Council Item Adoption of an Ordinance Amending Responsibilities Related to Sewer Laterals PRESENTED BY Emily Wong, Interim Assistant City Manager RECOMMENDATION Read by title only and adopt ORDINANCE NO 2014-277, AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 13 04 010 OF CHAPTER 13 04 OF TITLE 13 OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS 2030 VISION STATEMENT This staff report supports Goal #1, "Ensure Our Fiscal Viability" and Goal #2, "Maintain Public Safety" by maintaining critical infrastructure and improving the City's responsiveness to sanitary sewer overflows as it relates to sewer service laterals There have been no changes to the proposed ordinance since the first reading on October 14, 2014 The proposed ordinance requires a second reading The publication and summary of the proposed ordinance was submitted to the Grand Terrace City News on October 23, 2014 If passed by the City Council, the ordinance will take effect thirty (30) days after adoption FISCAL IMPACT N/A ATTACHMENTS • A - Sewer Lateral Ordinance APPROVALS Emily Wong Finance City Attorney City Manager City Council (DOC) Completed 10/20/2014 5 01 PM Completed 10/20/2014 5 23 PM Completed 10/20/2014 5 42 PM Completed 10/20/2014 5 55 PM Pending 10/28/2014 6 00 PM 'Packet,Pg 45 ' 8A ORDINANCE NO 2014-277 AN ORDINANCE OF THE CITY OF GRAND TERRACE AMENDING VARIOUS SECTIONS OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS WHEREAS, the City of Grand Terrace (the "City") operates a municipal sewer system, and transmits the wastewater from properties located within the City to the City of Colton ("Colton") for treatment and disposal, and WHEREAS, under an agreement between the City and Colton, Colton will be operating and maintaining the City's sewer system as part of Colton's sewer system, and WHEREAS, Chapter 13 04 of the Grand Terrace Municipal Code provides regulations for users of the City's wastewater collection system, and WHEREAS, the City of Colton has recently amended its municipal code to assume responsibility for a greater portion of the sewer serviced laterals, based upon the following reasons (a) many homeowners tend to defer maintenance on the sewer service lateral due to the high cost associated with making necessary repairs, thereby increasing the risk of groundwater contamination, and (b) there is a trend among public agencies that operate sanitary sewer systems to assume responsibility for a greater portion of the sewer service laterals to help meet their general waste discharge requirements, and WHEREAS, it is consistent with the agreements between the two cities that Grand Terrace customer be treated the same as Colton customer, both with respect to rates and with respect to maintenance obligations, and WHEREAS, the City Council desires to modify and redefine its obligations to assume a greater proportion of responsibility for the sewer service laterals, and to make its regulations consistent with those of Colton -1- PacketPg 46 °8A NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS Section 1 All of the foregoing Recitals are true and correct and the City Council so finds and determines The Recitals set forth above are incorporated herein, are made findings and determinations of the City Council, and are made an operative part of this Ordinance Section 2 Section 13 04 010 F of Chapter 13 04 of Title 13 of the Grand Terrace Municipal Code is hereby amended to read as follows 13 04 010 Definitions "F "Sewer lateral" means that portion of the sewer system which extends from the main sewer to the building or structure served 1 Property Owner Sewer Service Lateral (Upper Portion) The Wastewater collection piping extending from the Structure where the Wastewater is generated down to the property line where it connects to the city Sewer Service Lateral (Lower Portion) 2 City Sewer Service Lateral (Lower Portion) The Wastewater collection piping extending down from the property line, where the Property Owner Sewer Service Lateral (Upper Portion) begins, including the connection to the City's Sewer Collection System " Section 3 Section 13 04 160 (Maintenance of laterals) of Chapter 13 04 of Title 13 of the Grand Terrace Municipal Code is hereby replaced in its entirety with the following "13 04160 Maintenance of laterals A The costs for installation, maintenance, and replacement, of the Property Owner Sewer Service Lateral (Upper Portion) as defined in Section 13 04 010, shall be the responsibility of the Property Owner B The costs for installation, maintenance, and replacement of the City Sewer Service Lateral (Lower Portion) as defined in Section 13 04 010, shall be the responsibility of the City " -2- Packet Pg 47 Section 4 Chapter 13 04 of Title 13 of the Grand Terrace Municipal Code is hereby amended with the addition of Section 13 04 170 (Responsibility for removal of Obstructions in Property Owner Sewer Service Lateral) to read as follows "13 04170 Responsibility for removal of Obstructions in Property Owner Sewer Service Lateral The City is not responsible for maintaining the Property Owner Sewer Service Lateral (Upper Portion) as defined in Section 13 04 010 To help mitigate a sanitary sewer overflow or blockage caused by a Property Owner Sewer Service Lateral (Upper Portion), the Property Owner may request help from the City and shall pay to the City all costs associated with the remediation of such Obstruction including cleanup " Section 5 All ordinances, resolutions, or administrative actions by the City Council, or parts thereof, that are inconsistent with any provision of this Ordinance are hereby superseded only to the extent of such inconsistency Section 6 Within 15 days after adoption of this Ordinance, a summary of the Ordinance shall be published with the names of those members of the City Council voting for and against this Ordinance and a certified copy of the full text of this Ordinance, along with the names of those City Council members voting for and against this Ordinance, shall be posted in the office of the City Clerk Section 7 If any section, subsection, clause or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of this Ordinance shall not be affected thereby The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid Section 8 This Ordinance shall take effect thirty days after its final passage Approved and Adopted this _ day of , 2014, by the City Council of the City of Grand Terrace Walt Stanckiewitz Mayor -3- Packet Pa g 48 V m M rt t 4 0 cu 1< Co 0 CL r CL v E3 U) 50EV Attachment A - Sewer Lateral Ordinance (1590 Ordinance Amending Responsibilities Related to Sewer Laterals) D m Cn CERTIFICATION I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Grand Terrace, California, duly held the day of , 2014, and thereafter at a regular adjourned meeting held on the day of , 2014, it was duly passed and adopted by the following vote of the Council AYES NOES ABSENT ABSTAINED IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Grand Terrace, California, this day of , 2014 Pat Jacquez-Nares, City Clerk -5- Packet Pg 50 9 AGENDA REPORT MEETING DATE October 28, 2014 Council Item TITLE Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Expansion or Establishment of Tobacco and Electronic Cigarette Retail Businesses, Smoke Shops and Vapor Lounges PRESENTED BY Sandra Molina, Community Development Director RECOMMENDATION (A) Adopt this Agenda Report as the Official Written Report Required by Government Code Section 65858(d), and, (B) Read by title only, waive further reading and adopt an INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN DAYS (15) DAYS A CITY- WIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858, TEMPORARILY PROHIBITING EXPANSION OF EXISTING, OR THE ESTABLISHMENT OF, NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES 2030 VISION STATEMENT This staff report supports Our Mission "to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government" BACKGROUND On September 23, 2014 the City Council adopted by four -fifths vote an interim urgency ordinance prohibiting the expansion of existing, or the establishment of new, tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace The action was prompted by a number of inquiries regarding the establishment of smoke shops and vapor lounges, and inadequate zoning regulations to adequately address potential secondary impacts related to such uses The interim urgency ordinance, adopted on September 23, 2014, is valid for 45-days and is set to expire on November 7, 2014, unless extended by a four -fifths vote as provided for in the California Government Code Packet Pg'751 9 DISCUSSION/REPORT PURSUANT TO SECTION 25858(d) OF THE GOVERNMENT CODE Section 65858(d) of the Government Code requires that 10-days prior to the expiration of the interim ordinance, the Council issue a report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance Tobacco retailers, electronic cigarette retailers and vapor lounges within the City present unique challenges to local government because the Grand Terrace Municipal Code does not, currently, define or regulate these types of land uses Smoke shops are permitted within certain zones of the Barton Road Specific Plan but are not otherwise regulated In the absence of specific standards and zoning regulations pertaining to tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges, it is difficult to mitigate the secondary impacts generated by these establishments Staff has begun reviewing the City's Zoning Code and Barton Road Specific Plan to identify needed revisions, and have begun researching the codes of other municipalities relating to these types of uses To date, review of the existing code has identified necessary revisions to strengthen the code These changes could include the following 1 Revisions to the Barton Road Specific Plan, to include land use regulations and operational standards relating to smoke shops 2 Revisions to the Barton Road Specific Plan, identifying the permissibility of vapor and hookah lounges 3 Amending the Zoning Code to determine permissible districts that would permit smoke shops, electronic cigarettes retail stores, vapor and hookah lounges, and, to establish development and operational standards 4 Establish definitions for these uses 5 Determine the permit and review process for these uses The revisions to the Ordinance will be very detailed and precise, and will take some time to prepare Based on this status report, it is clear that continued research and analysis needs to be done to bring forth revised regulations that protect the general public health and safety from adverse secondary impacts related to tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges As provided for in the California Government Code, the extension, valid for 10 months and 15 days, would establish the existing moratorium, including the initial 45-day period, for a total of one year FISCAL IMPACT A fiscal impact will not occur as a result of extending the interim urgency ordinance ATTACHMENTS • A - Ordinance Extending Interim Moratorium (DOC) , Packet Pg 52 APPROVALS Sandra Molina Completed Finance Completed City Attorney Completed Community Development Completed City Manager Completed City Council Pending 10/16/2014 5 50 PM 10/20/2014 1 07 PM 10/20/2014 5 37 PM 10/20/2014 7 25 PM 10/21 /2014 11 37 AM 10/28/2014 6 00 PM Packet Pg 53 ORDINANCE NO AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS A CITYWIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING EXPANSION OF EXISTING OR THE ESTABLISHMENT OF NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including a Land Use and Community Design Element, and WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan's goals and policies, and WHEREAS, the public health, safety and welfare is fully articulated in the City's General Plan, and WHEREAS, in order for the immediate protection of the public health, safety and Lo welfare, and pursuant to Government Code Section 65858, a moratorium is hereby co placed on the expansion of existing or establishment of new tobacco and electronic cigarette retailers, smoke shops, and vapor lounges in the City of Grand Terrace WHEREAS, the City of Grand Terrace has not adopted a moratorium on the expansion, establishment or operation of tobacco and electronic cigarette retail establishments, smoke shops and vapor lounges prior to this urgency ordinance WHEREAS, Government Code Section 65858 provides for the adoption, as an urgency measure, interim ordinances for certain expressed purposes and by a vote of four -fifths (4/5) majority of the voting City Council members WHEREAS, this urgency ordinance is based on the following facts The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, and 2 Tobacco retailers, electronic cigarette retailers and vapor lounges within the City of Grand Terrace present unique challenges to local government because the Grand Terrace Municipal Code does not currently define or -� regulate these types of land uses Smoke shops are permitted within O certain zones but are not otherwise regulated In the absence of specific a standards and zoning regulations pertaining to tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges, it is difficult to mitigate the secondary impacts generated by these establishments, thus requiring a Packet_ Pg 54 Ordinance No Page 2 of 7 a commitment of police and code enforcement resources that is typically greater than other regulated retail establishments 3 Tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges are typically adult -only uses in a commercial setting and may not be appropriate in all zoning districts or near uses where minors are present 4 The establishment and operation of new tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges in the City, or the expansion of existing ones, before the City can adopt land use regulations presents a current and immediate threat to the public health, safety and welfare The negative health impacts related to tobacco use have been known for some time, and recent studies show an increase in the use of electronic cigarettes by minors Although the long-term health effects of using electronic cigarettes are still unknown, initial studies have found carcinogens and toxic chemicals in electronic cigarette vapors 5 City staff has received a number of inquiries regarding these CU establishments and anticipates business license application requests in LO the foreseeable future Such establishments provide the potential for LO illegal sales of tobacco, vapor and electronic cigarette products to minors r, 6 Because the City's zoning ordinance is silent on tobacco retailers, electronic cigarette retailers and vapor lounges it does not address the impacts related to the location and manner of development, establishment and operation of these businesses and smoke shops in relation to public health, safety and welfare concerns, including the impacts on surrounding uses and on minors 7 Until such time as the City institutes specific land use controls over tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges the community is at risk that such businesses could be established, operated, modified or expanded prior to the adoptions necessary for the protection of public health, safety and welfare 8 The presence of electronic cigarette retailers in the City could increase the potential for minors to associate use of electronic cigarettes with a healthy lifestyle c a 9 Many California cities have adopted tobacco and electronic cigarette retailer licensing ordinances, including Los Angeles, Long Beach, Dublin, a r Concord, Richmond, Albany and Oakland E 10 Government Code Section 65858 allows cities to adopt an interim zoning w w a Packet Pg 55 9 A Ordinance No Page 3 of 7 ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which is in the process of being considered by the Planning Agency, Planning Commission, or legislative body, and 11 The City needs additional time to (1) address the City's concerns regarding the establishment and operation of tobacco and electronic cigarette retailers, (2) study the potential impacts that these businesses may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for these retailers, (4) study and determine the appropriate zoning and location for these retailers, and (5) determine appropriate controls for the protection of the public health and welfare 12 The City's General Plan contains Goals 2 1 and 2 3, which seek to c establish balanced commercial growth and a wide range of diversified `o retail and commercial opportunities The lack of or minimal regulations governing tobacco retailers, electronic cigarette retailers, smoke shops x and vapor lounges frustrates the stated purposes of the General Plan by w allowing these businesses to operate and proliferate unchecked to the LO detriment of balanced commercial growth in the City 13 For the reasons set forth above, this Ordinance is necessary to preserve the public health, safety and welfare and to avoid a current and immediate threat to the health, safety and welfare of the community WHEREAS, on September 23, 2014, the City Council adopted by a four fifths vote, an interim urgency ordinance declaring and imposing a forty-five (45) day Citywide moratorium on the expansion of existing, or the establishment of new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace, WHEREAS, pursuant to Government Code Section 65858(a), after notice and a public hearing, the City Council may extend the interim ordinance for an additional ten (10) months and fifteen (15) days, WHEREAS, pursuant to Government Code Section 65858(d), ten (10) days prior to expiration of the interim ordinance, a written agenda report describing the measures taken to alleviate the condition which led to the establishment of the moratorium was prepared and presented to the City Council at its regular meeting of October 28, 2014, o with the herein ordinance, a r WHEREAS, pursuant to Government Code Section 65090, notice of the public hearing for the moratorium extension was published in the Grand Terrace City News, on Thursday, October 16, 2014, and r a Packet Pg 56 Ordinance No Page 4 of 7 WHEREAS, pursuant to Government Code Section 65858(a), a public hearing on this action was held by the City Council on October 28, 2014 WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR -FIFTHS VOTE THIS INTERIM ZONING AND URGENCY MEASURE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 AS FOLLOWS SECTION 1 The City Council finds that, per the above Recitals, the Zoning Code may appear to provide insufficient regulations regarding adult business uses SECTION 2 The City Council hereby declares and imposes the extension for an additional ten (10) months and fifteen (15) days of an existing Citywide moratorium on the establishment or expansion of adult businesses SECTION 3 After the effective date of this ordinance, no permit or any other W applicable license or entitlement for use, including the issuance of a business license, LO business permit, building permit, use permit or zoning text amendment shall be approved or issued for the expansion of existing, or the establishment of new tobacco = retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of ° N Grand Terrace New tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges are hereby prohibited Expansion shall also include any amendment to 12 an existing entitlement or permit E Notwithstanding the provisions of the Grand Terrace Municipal Code, all land use permit applications for expansions of or for new tobacco retailers, electronic cigarette retailers, smoke shops and or vapor lounges, which have been received, but decisions have not been rendered by the City as of September 23, 2014, are hereby suspended and the use prohibited within the City of Grand Terrace for an initial period of 45 days from the effective date of this ordinance pursuant to Government Code Section 65858 SECTION 4 DEFINITIONS For purposes of this ordinance, the following definitions shall apply U c "Tobacco retailer" means any establishment that sells tobacco products, tobacco - related products, electronic smoking devices, tobacco paraphernalia, imitation o products or any combination thereof a w "Tobacco products" means any substance containing the tobacco leaf, including d but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing E tobacco, dipping tobacco, snus, bides, or any other preparation of tobacco, and w a Packet Fg 57 Ordinance No Page 5 of 7 any product of formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence "Electronic cigarette" means an electronic and/or battery operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor "Electronic cigarette retailer' means any establishment that sells electronic - cigarettes 0 N "Smoke shop" means any establishment that sells drug paraphernalia, which w includes, but is not limited to, smoking devices, pipes, water pipes, chamber w pipes, bongs, and literature, posters, and apparel depicting controlled LO substancesLo v "Vapor lounge" means any establishment that sells electronic cigarettes for consumption on site SECTION 5 URGENCY CLAUSE The City Council finds and declares that this ordinance is required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect until the end of 45 days from its effective date unless its effectiveness is extended in accordance with Government Code 65858 SECTION 6 ENVIRONMENTAL DETERMINATION This Ordinance has been a reviewed for compliance with the California Environmental Quality Act (CEQA), the =_ CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that w the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment C SECTION 7 INCONSISTENCIES Any provision of the Grand Terrace Municipal o Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to a w the extent necessary to effect the provisions of this Ordinance d E SECTION 8 HARDSHIP WAIVER The moratorium established herein shall not R a Packet,Pg 58 Ordinance No Page 6 of 7 be applicable if a request for exception due to hardship, or other unique circumstances that have arisen as a result of this ordinance is approved by the City Manager of the City of Grand Terrace Any request for exception shall be in writing and shall articulate the reasons for the request The request shall be filed with the City Clerk The matter shall be heard through a public hearing and may be appealed to the City Council for a de novo public hearing The waiver shall not be granted unless the requestor can demonstrate the need for a waiver by clear and convincing evidence A hardship waiver shall not be unreasonably withheld SECTION 9 SEVERABILITY If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application, and to this end, the provisions of this ordinance are declared to be severable SECTION 10 PUBLICATION The City Clerk shall post this Ordinance in c three (3) public places within fifteen (15) days of its adoption, as designated for such r purposes by the City Council This ordinance shall become effective immediately from w and after its passage W) ATTEST 0 N_ d Pat Jacquez-Naves Walt Stanckiewitz City Clerk Mayor c Approved as to form Richard L Adams, II City Attorney Packet Pg 59 Ordinance No Page 7 of 7 I, PAT JACQUES-NARES, City Clerk of the that the foregoing Ordinance was introduced City Council of the City of Grand Terrace held following vote AYES NOES ABSENT ABSTAIN Pat Jacques-Nares City Clerk City of Grand Terrace, do hereby certify and adopted at a regular meeting of the on the 28t" day of October, 2014, by the LO co to v PacketPg 60 F10 MEETING DATE October 28, 2014 Council Item TITLE Amend Chapter 8 04, Title 8 of the Grand Terrace Municipal Code, for Purposes of Adoption of San Bernardino County Code of Ordinances for Fire Hazard Abatement Services PRESENTED BY Sandra Molina, Community Development Director RECOMMENDATION INTRODUCE BY TITLE ONLY, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING CHAPTER 8 04 (NUISANCE ABATEMENT) TITLE 8 (HEALTH AND SAFETY), OF THE CITY OF GRAND TERRACE MUNICIPAL CODE, WITH THE ADDITION OF SECTION 8 04 200 ADOPTING CHAPTER 3 (ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES) SECTIONS 23 0301 THROUGH 23 0319 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE AND SECTION 8 04 0210 ADOPTING THE PROCEDURE PROVISIONS FOUND IN CHAPTER 2 (VIOLATIONS AND ENFORCEMENT), SECTIONS 11 0201 THROUGH 110212 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE WITH THE EXCEPTION OF THOSE SECTIONS RELATED TO PENALITES WHICH ARE SET OUT IN FULL HEREIN, IN ORDER TO PROVIDE FOR AN ALTERNATIVE FORM OF FIRE HAZARD ABATEMENT FOR THE CITY OF GRAND TERRACE 2030 VISION STATEMENT This staff report supports Goal #2, "Maintain Public Safety" through fire hazard abatement contract services with the County of San Bernardino Land Use Services Department BACKGROUND The City has contracted Fire Hazard Abatement services with San Bernardino County since March, 1995 Grand Terrace City staff was contacted by San Bernardino County Counsel regarding recent court appeals, stating San Bernardino County Land Use Services Department does not have legal authority to issue citations to Grand Terrace residents for non- compliance and abatement of fire hazard violations San Bernardino County Counsel Packet„t Fg 61 suggested the City review and update the language in its Municipal Code, permitting San Bernardino County to issue citations for Fire Hazard abatement violations and abatement cost recovery DISCUSSION San Bernardino County Fire Hazard Abatement services conducts two inspections per year for fire hazards within the corporate boundaries of the City of Grand Terrace Parcel owners are issued a Notice of Violation for fire hazards observed on their property and are given time to remove the hazard If, upon scheduled re -inspection, the violations remain, the property owner is issued a citation and the County will abate the fire hazard at the owner's expense The citation, and any abatement fees, are payable to the County of San Bernardino Recent, successful, legal challenges determined the City's Municipal Code must be updated to clarify and permit this citation and abatement process to be performed by the County of San Bernardino City staff and the City Attorney consulted with San Bernardino County Counsel and worked together to develop the new language required for the Grand Terrace Municipal Code The proposed Ordinance cites Sections of San Bernardino County's Municipal Code, and those sections are attached to this agenda report for your information and for reference purposes FISCAL IMPACT There is no fiscal impact to the City budget ATTACHMENTS • A - Adoption of County Code Weed Abatement 2 (DOC) • B - SB Cnty Chpt 3 Fire Hazards (PDF) • C - SB Cnty Chpt 2 Violatns and Enfrcmnt (PDF) APPROVALS Sandra Molina Completed 10/15/2014 1 56 PM Finance Completed 10/16/2014 8 34 AM City Attorney Completed 10/16/2014 1141 AM Community Development Completed 10/16/2014 2 25 PM City Manager Completed 10/20/2014 12 06 PM City Council Pending 10/28/2014 6 00 PM Packet Pg 22 1QA ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CALIFORNIA, AMENDING CHAPTER 8 04 (NUISANCE ABATEMENT) TITLE 8 (HEALTH AND SAFETY), OF THE CITY OF GRAND TERRACE MUNICIPAL CODE, WITH THE ADDITION OF SECTION 8 04 200 ADOPTING CHAPTER 3 (ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES) SECTIONS 23 0301 THROUGH 23 0319 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE AND SECTION 8 04 0210 ADOPTING THE PROCEDURE PROVISIONS FOUND IN CHAPTER 2 (VIOLATIONS AND ENFORCEMENT), SECTIONS 110201 THROUGH 110212 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES BY REFERENCE WITH THE EXCEPTION OF THOSE SECTIONS RELATED TO PENALITES WHICH ARE SET OUT IN FULL HEREIN, IN ORDER TO PROVIDE FOR AN ALTERNATIVE FORM OF FIRE HAZARD ABATEMENT FOR THE CITY OF GRAND TERRACE WHEREAS, the City of Grand Terrace contracts with the County of San Bernardino for the abatement of fire hazards, and M WHEREAS, to enforce the fire hazard regulations of the County of San Bernardino in the City of Grand Terrace, the regulations must be adopted by the City of Grand Terrace, and r- WHEREAS, the City Council of the City of Grand Terrace wishes to adopt the aforementioned regulations and procedures by reference NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS SECTION 1 Chapter 8 04 (Nuisance Abatement) of Title 8 (Health and Safety) is hereby amended with the addition of Section 8 04 200 (Alternative Abatement of Fire Hazard Regulations) follows 8 04 200 - Alternative Abatement of Fire Hazard Regulations A Purpose The City of Grand Terrace contracts with the County of San Bernardino for the weed abatement and the elimination of fire hazards This and the following sections are designed to incorporate the applicable sections of the San Bernardino County Code so that the County regulations, Procedures and Penalties are the law of Grand Terrace and are enforceable in Grand Terrace B Incorporation by Reference Sections 23 0301 through 23 0319 of Chapter 3 (Abatement of Fire Hazards and Hazardous Trees) of a Packet Pg 63 10A Division 3 (Fire Protection and Explosives and Hazardous Materials) of Title 2 (Public Morals, Safety and Welfare) of the San Bernardino County Code of Ordinances shall become the law of, and are enforceable in, Grand Terrace as an alternative fire hazard abatement regulations of the City of Grand Terrace The aforementioned Sections of the San Bernardino County Code of Ordinances are on file for public examination in the Office of the City Clerk SECTION 2 Chapter 8 04 (Nuisance Abatement) of Title 8 (Health and Safety) is hereby amended with the addition of Section 8 04 210 (Alternative Fire Hazard Abatement Procedure and Penalties) follows 8 04 210 - Alternative Fire Hazard Abatement Procedure and Penalties Sections 110201 through 110212 of Chapter 2 (Violations and m Enforcement) of Division 1 (General Provisions) of Title 2 (Government and Administration) of the San Bernardino County Code of Ordinances shall become r an alternative fire hazard abatement procedure and penalty provision of the City c of Grand Terrace, only for the purpose of enforcement of County provisions set a forth in Section 8 04 200 of this code The provisions of Subsection (B) M (Penalties) of Section 8 04 210 shall contain references to the corresponding County provisions for ease of use with the provisions of the San Bernardino County Code of Ordinance Sections that are incorporated by reference into this c Municipal Code in Sections 8 04 200 and 8 04 210 (A) herein 1., A Abatement Procedure Incorporation by Reference Sections 11 0201, 11 0203 11 0205, 11 0208 (with the exception of Subsection He" which is set out in full herein), 11 0209 and 11 0209 of Chapter 2 (Violations and Enforcement) of Division 1 (General Provisions) of Title 1 (Government and Administration) of the San Bernardino County Code of Ordinances shall become the law of the City of Grand Terrace as an alternative weed abatement procedure The aforementioned Sections of the San Bernardino County Code of Ordinances are on file for public examination in the office of the City Clerk B Penalties a (County §11 0202) Enforcement Remedies and Penalties are c Cumulative and Discretionary, Not Exclusive, Declaration of `o Public Nuisance All remedies and penalties provided for in this a Chapter shall be cumulative and discretionary and not exclusive of $ other applicable provisions of this Code or other applicable State or ¢ Federal law Each and every violation of this Code is hereby a declared unlawful and a public nuisance The conviction and punishment (whether by fine, imprisonment, or both) of any person E w 2 Packet Pg 64 10A hereunder pursuant to a criminal action, or the imposition of a E monetary administrative penalty pursuant to an administrative citation (as defined in § 11 0208), shall not relieve such person a from the responsibility of correcting, removing, or abating the a violation, nor prevent the enforced correction, removal, or abatement thereof by the County, its employees, agents, or = representatives The correction, removal, or abatement of aLL L violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or 0 misdemeanor so charged and, following a conviction or plea of nolo contendere shall not be grounds for dismissal of the action or for ; the waiver, stay, or reduction, of any fine established in this 0 Chapter Further, the procedures established in this Chapter for = the use of administrative citations, and the procedures established �O in other titles and chapters of this Code for administrative L abatement and summary abatement as a means for addressing m violations of this Code, shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code The use of this Chapter r c shall be at the sole discretion of the County In the exercise of such a discretion in selecting an appropriate code enforcement remedy, the County shall not be required to institute available code r enforcement remedies in any particular order, or to prefer the application of one remedy to another b (County § 11 0204) Continuing Violations Each and every day, and any portion of which, any violation of this Code (or of the provisions of any code adopted and incorporated by reference by this Code) is committed, continued, or permitted, shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Chapter c (County § 11 0206) Criminal Actions i Criminal Penalties for Violations It is unlawful for any person to violate any provision of this Code, or to violate any provision of any permit issued pursuant to this Code, or the conditions of approval for such permit granted pursuant to this Code Unless otherwise specified in another part of this Code, any person committing such violation shall be deemed guilty of a misdemeanor 1 Misdemeanor Violations Upon conviction of a misdemeanor, or upon a plea of nolo contendere a (commonly called "no contest"), the penalty shall be a base fine of not less than $500 00 and not more than $1,000 00, or by imprisonment in the County jail for a E R w w LO Packet Pg 65 10A period of not more than six months, or by both such base fine and imprisonment Any court costs that the court may otherwise be required to impose pursuant to applicable 2 Infraction Violations Notwithstanding the foregoing, a N misdemeanor violation may be cited, charged, and i prosecuted as an infraction Where so prosecuted, or where specified in a section or chapter of this Code that d the violation of a certain section or sections shall be an o infraction, then that shall be the type of offense and each ;, such violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo 0 contendere (commonly called "no contest"), by a base fine c° not exceeding $100 00 for a first violation, a base fine not exceeding $200 00 for a second violation of the same L Code section within one year, and a base fine not m exceeding $500 00 for each additional violation of the same Code section within one year of the first violation y r However, violations of building and safety provisions of c this Code cited, charged, and prosecuted as infractions a shall be punishable by a base fine not exceeding $100 00 M for a first violation, a base fine not exceeding $500 00 for a second violation of the same Code section within one year, and a base fine not exceeding $1,000 00 for each c additional violation of the same Code section within one N year of the first violation The maximum fines imposed in d this Section are based upon the provisions of Government Code § 25132 and will be increased automatically and r without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of r fines permitted Any court costs that the court may cc otherwise be required to impose pursuant to applicable a V State law or local ordinance shall be imposed in addition d to the base fine Cnmrnal Citations 1 If any person is arrested by a peace officer, fire marshal, fire prevention officer, code enforcement officer, animal 0 control officer, public health officer, or any other officer c authorized to enforce this Code for a violation of any r- provision of this Code (hereinafter "arresting officer"), Q whether punishable as a misdemeanor or as an infraction, 0 the arresting officer shall issue a notice to appear (the a citation) to such person, pursuant to Penal Code §§ 853 5 a and 853 6, and request that the person sign the notice to = appear, which shall constitute the person's written w a 4 Packet Pg 66 10A promise to appear in court After obtaining the written promise to appear, the arresting officer must immediately release the person 2 If the person cited refuses to sign the notice to appear, the arresting officer, unless the arresting officer is a sworn peace officer, must immediately release the person and refer the matter to the Office of County Counsel or other appropriate agency for appropriate action d (County § 11 0207) Civil Actions, i Injunctive Relief and Abatement At the request of any person ; authorized to enforce this Code, the County Counsel or L) District Attorney may commence proceedings for the 0 abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Code, or any permit issued pursuant to this Code, or any m condition(s) of approval for such permit granted pursuant C thereto, and an order requiring the violator(s) to pay civil N r penalties and/or abatement costs Where multiple violators c are involved, they shall be jointly and severally liable for the a civil penalties and/or abatement costs co I- LO ii Civil Remedies and Penalties Any person, whether acting as principal, agent, employee, owner, lessor, lessee, landlord, _ tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Code, or any permit 2 issued pursuant to this Code, or any condition(s) of approval &! for such permit granted pursuant thereto, shall be liable for a r civil penalty not to exceed $1,000 00 per violation for each d day or any portion thereof, that the violation continues to d exist In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total a amount for any given violation, the court shall consider all V relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the c violation, the nature and persistence of such conduct, the length of time over which the conduct occurred or was repeated, the assets, liabilities, and net worth of the violator, 0 whether the violator is a corporate entity or an individual, and c any corrective action taken by the violator Attorney's Fees and Costs of Enforcement In any civil action a brought by the County, including but not limited to a a proceeding to abate a public nuisance, whether by seeking a injunctive relief and/or an abatement order, or other order, attorney's fees and costs of enforcement may be recovered a 5 Packet Pg 67 10A by the prevailing party Such recovered attorney's fees shall not exceed the amount of reasonable attorney's fees incurred by the County in that action or proceeding (Government Code § 25845) Costs of enforcement shall include, but not be limited to, administrative costs and any and all costs incurred in the physical abatement of any nuisance and any and all costs incurred by the County in the correction or remedying of a violation of this Code Notwithstanding the above language, no attorney's fees shall be recovered in any administrative proceeding held pursuant to § 11 0208 or any related appeal to the Superior Court or the Courts of Appeal e (County § 11 0208 (e)) Administrative Penalties and Costs Unless otherwise provided to this Code, the amount of penalty to be imposed for a violation of this Code and assessed by means of an administrative citation shall be $100 00 for the first occurrence of a violation, $200 00 for the second occurrence of the same violation within one year, and $500 00 for the third and each subsequent occurrence of the same violation within one year The maximum fines imposed in this Section are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted ii If the violation is not corrected within the time limits established in this Code, then additional administrative citations may be issued for the same violation The amount of the penalty shall increase at the rate specified above 1 Payment of the penalty correct the violation nor action by the County shall not excuse the failure to shall it bar further enforcement 2 The penalties assessed shall be due to the County (or to the County's designated collection/processing agent for the issuing County Department or Special District Department) within 30 calendar days from the date the administrative citation is issued 3 Except as provided below, any person who fails to pay to the County (or the County's designated collection/processing agent for the issuing County Department) any penalty imposed pursuant to the 6 Packet Pg 88 M ti LO 10A provisions of this Chapter shall be liable for payment of the applicable late payment charges as follows a For payments received within 30 days after the due date, a late fee in the amount of 50 percent of the administrative fine is due b For payments received more than 30 days after the due date, a late fee in the amount of 50 percent of the original administrative fine is due, plus an additional 50 percent of the original administrative fine is due 4 The County may collect any past due administrative 0 citation penalty or late payment charge by use of any = available means, including without limitation, the recording T of a notice of lien, describing the real property affected and the amount of the costs and administrative citation m penalties claimed by the County with the Office of the County Recorder The County may transmit notice of the N award of administrative costs and administrative citation r c penalties, or notice of the judgment thereon arising from a a collection or other legal action, to the Treasurer/Tax M Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless sooner paid The County may also recover its collection costs A judgment or award of such costs, penalties or damages may be enforced as set forth above and may also be enforced in any other manner provided by law r 5 In any appeal hearing, the issuing County Department may also recover its administrative costs incurred in investigating, inspecting, and abating or remedying the violation of the County Code, in attempting to collect any and all penalties and late fees, and in defending the citation at the appeal hearing 6 All administrative citation penalties collected pursuant to these provisions shall be deposited into specific funds maintained by or on behalf of the respective issuing County Departments for the purpose of funding their enforcement of this Code f (County § 11 0211) Costs and Damages a Any person, whether acting as a principal, agent, employee, owner, a lessor, lessee, landlord, tenant, occupant, operator or contractor, or otherwise, violating any provision of this Code or the rules, w w a Packet Pg 69 10A regulations, orders, permits or conditions of approval issued thereunder, shall be liable to the County for costs of abatement and any damages suffered by the County, its agents or agencies, as a result of such violations g (County § 11 0212) Treble Damages Upon a second or subsequent civil or criminal judgment for a violation of this Code within a two-year period the violator shall be liable to the County for treble the abatement costs, in accordance with Government Code § 25845 5 SECTION 7 If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional SECTION 8 This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage The effective date of this Ordinance is January 1, 2013 SECTION 9 The City Clerk shall certify to the passage of this Ordinance and cause the same to be posed pursuant to Government Code Section 36933 APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Grand Terrace held on the day of , 2014 Mayor of the City of Grand Terrace and of the City Council thereof ATTEST City Clerk of the City of Grand Terrace and of the City council thereof zo Packet Pg 70 10A I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the day of , 2014 by the following vote AYES, NOES, ABSENT ABSTAIN Approved as to form Pat Jacquez-Nares Richard L Adams II, City Clerk City Attorney Packet Pg 71 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 1 of 10 10B Section San Bernardino County, CA Code of Ordinances a, r CHAPTER 3: ABATEMENT OF FIRE HAZARDS AND co HAZARDOUS TREES 230301 Duty to Abate Fire Hazards or Hazardous Trees 230302 Valley Area Fire Hazard Abatement 230303 Alternative Abatement of Large Parcels 230304 Mountain Area Fire Hazard Abatement 230305 Desert Area Fire Hazard Abatement 230306 Hazardous Tree Abatement Within Mountain Area 230307 Enforcement 230308 Notice and Order to Abate 230309 Emergency Abatement 230310 Appeal Procedure 230311 Removal of Fire Hazard or Hazardous Tree by Private Contractor 230312 Payment for Abatement of Fire Hazard or Hazardous Tree 230313 Enforcement Remedies and Penalties are Cumulative and Discretionary, Not Exclusive 23 0314 Authority to Inspect 230315 Continuing Violations 230316 Acts Including Causing, Aiding and Abetting 230317 Cnrrunal Actions 230318 Civil Actions 230319 Administrative Citations and Penalties § 23.0301 Duty to Abate Fire Hazards or Hazardous Trees. Every owner or person in control of any land or interest therein in the unincorporated area of the County of San Bernardino shall abate all fire hazards and hazardous trees from such land and from all sidewalks, parkways, road easements and all other easements on such land All such fire hazards and hazardous trees are declared to be a public nuisance for which the costs of abatement may be specially assessed pursuant to Government Code § 25845 To provide firefighters defensible space and to mmuruze the spread of fire within 100 feet of a building or structure and pursuant to the California Public Resources Code § 4291, every owner and person http //www amlegal com/alpscnpts/get-content aspx Packet Pg 72 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 2 of 10 10B in control of any buildings or structures in, upon, or adjoining any mountainous area, forest- d covered lands, brush -covered lands, grass -covered lands, or any land that is covered with flammable material within the unincorporated area of the County of San Bernardino shall at all o times do the following co (a) Maintain a firebreak by removing and clearing away, for a distance of not less than 30 feet on each side of the building or structure or to the property line, whichever is nearer, all flammable vegetation or other combustible growth Single specimens of trees or other vegetation may be retained provided they are well -spaced, well -pruned as defined in § 23 0304 for mountain areas in this Chapter, and create a condition that avoids spread of fire to other vegetation or to a building or structure (b) Provide a fuel break within 30 feet to 100 feet of a building or structure by disrupting the vertical and/or horizontal continuity of flammable and combustible vegetation with the goal of reducing fire intensity, inhibiting fire in the crowns of trees, reducing the rate of fire spread, and providing a safer environment for firefighters to suppress wildfire and provide structure protection in and around wildland urban interface communities Additional fire protection or firebreak shall be made by the removal of brush, flammable vegetation, or combustible growth that is located within 100 feet from the building or structure or to the property line or at a greater distance if provided by law (c) Property owners who do fuel reduction activities that remove or dispose of vegetation should make every effort to properly reuse and/or recycle the resultant materials either on site or at an appropriate off site facility, without creating additional fire hazards and are required to comply with all federal, state or local environmental protection laws and obtain permits when necessary Environmental protection laws include, but are not limited to, threatened and endangered species, water quality, air quality, and cultural/archeological resources (Am Ord 2926, passed --1985, Am Ord 3586, passed --1994, Am Ord 4058, passed - -2008, Am Ord 4064, passed - -2008) § 23 0302 Valley Area Fire Hazard Abatement. (a) Valley Area means that portion of the unincorporated area of the County of San Bernardino south and west of the National Forest boundary (b) Flammable vegetation in the Valley area means (1) Plants, unless pruned to remove dead material, (2) Grass over four inches in height, (3) Tumbleweeds (Russian thistle) (c) Fire Hazard in the Valley Area means (1) Flammable vegetation, (2) Combustible rubbish, (3) Limbs and undergrowth up to six feet off the ground in Eucalyptus windrows (Am Ord 3586, passed - -1994) http //www amlegal com/alpscripts/get-content aspx Packet Pg 73 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 3 of 10 10B § 23 0303 Alternative Abatement of Large Parcels. In the case of any parcel or contiguous parcels under the same ownership upon which exists over five continuous acres of vegetation which constitutes a fire hazard, the requirements of the duty to abate fire hazards may be satisfied if there is cleared, and maintained cleared, a 40-foot wide strip of land at the boundaries of such land, and through such land so that there shall not be any portion of the land larger than two and one-half acres which is not enclosed by itself within such strip, which shall be firebreak, and all of the following conditions are also met (a) Firebreaks are not an approved abatement method for tumbleweeds (Russian thistle) (b) It shall be the landowner's responsibility to notify the enforcing agency, in writing, if the landowner wants to use the firebreak provisions of this Section (c) All fire hazards must be removed within 30 feet of any structure Landowners are responsible for removing fire hazards on their property within 30 feet of any structure, regardless of parcel or lot lines (d) Where neighboring persons or properties are especially vulnerable to the effects of a fire, including, but not lirmted to schools, hospitals, mobilehome parks, retirement residences and chaparral/development interfaces, and larger breaks or solid disking are deemed necessary for fire protection, firebreaks which exceed 40 feet or solid disking of parcels larger than five acres may be required by the enforcing agency (Am Ord 2926, passed - -1985, Am Ord 3586, passed - -1994) § 23.0304 Mountain Area Fire Hazard Abatement. (a) Mountain Area means that portion of the unincorporated area of the County of San a Bernardino located within the Fire Safety Overlay of the General Plan, whether publicly or -°a privately owned a (b) Flammable vegetation which constitutes a fire hazard in the Mountain Area means M T (1) All foliage and branches within six feet from the ground on trees over 12 feet in height that stand within 100 feet of structures Limbs should be cut no less than 1/4 inch from the trunk N of the tree to preserve the health of the tree = (2) All trees that are within 30 feet of structures that are smaller than four inches in diameter m U_ that stand within ten feet from other trees, not to include low energy release deciduous M ornamental trees that are pruned and free of dead or damaged foliage U (3) All shrubs that are within 15 feet of structures that produce high -energy -release c components and are considered high fire fuels, not to include low energy release deciduous v ornamental plants that are well -pruned, well -spaced and free of dead or damaged foliage High- energy -release shrubs include, but are not limited to, Manzamta, Service Berry, Mountain m Whitethorn, Sage, Ironwood, Juniper Shrubs, Spanish Broom and other species as determined by the County Fire Chief/Fire Warden or their designee to constitute a fire hazard (4) All high -energy -release shrubs that are spaced together less than double the size of the http //www amlegal com/alpscnpts/get-content aspx Packet Pg 74 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 4 of 10 10B height of the tallest shrub and stand within 30 feet of structures, (e g a four -foot high shrub should be spaced eight feet or more away from the next shrub, providing that the four -foot high shrub is the tallest of the two shrubs), not to include ornamental plants that are well -pruned, well - spaced and free of dead or damaged foliage Planting of native, fire -wise, drought -resistant species is encouraged for the health of the forest (5) Lower foliage measured at least 18 inches up from the ground and all leaf litter and dead vegetation on and under all shrubs that stand within 100 feet of all structures (6) Dead branches and leaf litter in and under all plants, trees, foliage and shrubs and all flammable vegetation at all heights within 100 feet of all structures (7) Tree limbs (not trunks) less than ten feet away from chimneys and stovepipes (8) Grass over four inches in height (9) Pine needles, leaf litter or chipped/ground mulch on the ground over two inches in depth (10) Trunks or branches on the ground less than four inches in diameter, not including split and neatly stacked fire wood (c) Fire Hazard in the Mountain Area means (1) Flammable vegetation within ten feet of a road, (2) Combustible rubbish, waste or discarded materials, (3) Leaves, needles or other dead vegetative growth on roofs or structures (d) When neighboring persons or properties are especially vulnerable to the effects of fire, including, but not limited to schools, hospitals, mobilehome parks, residential occupancies, it is the responsibility of the property owner to adhere to the provisions of this section when flammable vegetation stands within 100 feet, measured on the ground, of all neighboring structures Additional clearance may be required at the discretion of the County Fire Chief/Fire Warden or their designee on buildings listed above that may be used as evacuation centers, medical facilities and/or places of public gatherings and/or critical infrastructure (Am Ord 3586, passed --1994, Am Ord 4058, passed - -2008, Am Ord 4064, passed - -2008) § 23 0305 Desert Area Fire Hazard Abatement. (a) Desert Area means all portions of the unincorporated area of the County of San Bernardino north and east of the National Forest boundaries (b) Flammable vegetation in the Desert Area means (1) Tumbleweeds (Russian thistle), (2) Limbs and debris of salt cedar (Tamarisk) within six feet of the ground, (3) Plants, unless pruned to remove dead material, (4) Grass over four inches in height c m E �a w w a http //www amlegal com/alpscnpts/get-content aspx Packet Pg 75 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 5 of 10 106 (c) Fire Hazard in the Desert Area means (1) Flammable vegetation within ten feet of a road, (2) Tumbleweeds, regardless of distance from structures, (3) Combustible rubbish, (4) Flammable vegetation within 30 feet of all structures, including that portion of the property within 30 feet of structures on adjacent properties, (5) Where neighboring persons or properties are especially vulnerable to the effects of a fire, including, but not limited to schools, hospitals, mobilehome parks, residential occupancies or chaparral/development interfaces, flammable vegetation within 100 feet of all structures (Am Ord 3586, passed - -1994) § 23.0306 Hazardous Tree Abatement Within Mountain Area. (a) The Board of Supervisors' finds that within the Mountain Area as defined in San Bernardino County Code § 23 0304(a) a unique problem arises from several factors, including storms and various forms of precipitation, causing trees to become unstable and hazardous to lives and property (b) Within the boundaries of the Mountain Area, the provisions of this Section shall apply to any tree which constitutes a fire, health, or safety hazard or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property (c) Every owner, occupant or person in control of any land or interest in land within such areas of the County shall abate any hazardous tree therefrom and from all sidewalks, parkways and easements on such land (Am Ord 3586, passed - -1994) § 23.0307 Enforcement. For the purpose of enforcing this Chapter, the County Fire Chief/Fire Warden may designate any person as his or her deputy in the performance of the duties enjoined upon him or her by this Chapter In addition, each of the following officers within the County of San Bernardino is hereby designated to perform the same duties within the territory of the political subdivision which they serve Whenever the term COUNTY FIRE CHIEF/FIRE WARDEN is used in this Chapter, the following officers are included in the meaning of such phrase, except that the County Fire Chief/Fire Warden shall coordinate all such officers in the performance of these duties (a) The Deputy Director of Code Enforcement, Fire Hazard Abatement Program and their designees (b) The San Bernardino County Land Use Services Director or designee (c) Other officers hereafter designated by the Board of Supervisors or the County Fire Chief/Fire Warden c m E Q http //www amlegal com/alpscripts/get-content aspx Packet Pg 76 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 6 of 10 10B (Am Ord 3586, passed --1994, Am Ord 4058, passed - -2008, Am Ord 4064, passed - -2008) d w § 23.0308 Notice and Order to Abate. (a) It shall be the duty of the County Fire Chief/Fire Warden or any designated person, whenever such officer deems it necessary to enforce the provisions of this Chapter, to issue a "notice and order to abate" by any or all of the following methods (1) By mailing a notice to the owner at the address shown on the latest tax roll, (2) By personal service to the owner as shown on the latest tax roll, (3) By posting the property (b) The form "notice and order to abate" shall include, at a minimum, the following information (1) List of hazards, (2) List of locations, (3) Due date by which abatement must be completed, (4) Appeal rights, (5) Landowner's name and address (situs and assessor's), (6) Parcel number of affected property (c) The notice and order to abate shall be placed in the mail by the issuing agency at least 30 days prior to the "due date" for abatement on the notice (d) A ten-day extension for compliance is sent when the owner has removed greater than 51% 6 of the fire hazard and notified the agency that the hazard has been abated, but nevertheless the o agency determines the fire hazard still exists A ten-day extension for compliance shall be a placed in the mail by the issuing agency at least ten -calendar days prior to the "due date" for abatement on the noticeLo ti (e) Compliance will be considered "In -Progress" and the Non -Compliance Notice and Order w will be held in abeyance if the responsible property owner contracts with state or federal EE`. agencies or non- profit organizations, such as Forest Care or Fire Safe Councils, that are approved by the County Fire Chief/Fire Warden as capable of providing compliance through said contract UL (Am Ord 2994, passed--1986, Am Ord 3586, passed --1994, Am Ord 4058, passed - -2008, Am Ord 4064, passed - -2008) § 23 0309 Emergency Abatement. When a fire hazard or hazardous tree constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein otherwise allow, the E enforcement officer listed in § 23 0307 may take or cause emergency abatement of such hazard with such notice to parties concerned, or without notice, as the particular circumstances a Packet Pg 77 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 7 of 10 106 reasonably allow (Am Ord 3586, passed - -1994) § 23.0310 Appeal Procedure (a) Any person who is affected by the notice and order to abate may appeal to the Board of Appeals, as defined in Subdivision (c) of this Section, within the time for compliance with the order, by submitting the appeal in writing to the issuing officer or department supervisor of such officer (b) The written appeal must be accompanied by a fee for the cost of the appeal as established by the County Fee Schedule (c) As to appeals filed from notices and orders to abate for flammable vegetation as described in §§ 23 0304(b)(7) through (10) and 23 0304(c)(1) through (3) of this Chapter, the Board of Appeals shall consist of three persons one member shall be a designee of the County Fire Chief, one member shall be a designee of the Director of the Public Health Department, one member shall be a member of the public appointed by the Chairperson of the Board of Supervisors (d) As to appeals filed from notices and orders to abate for flammable vegetation as described in § 23 0304 (b)(1) through (6) of this Chapter, the Board of Appeals shall consist of three persons one member shall be a designee of the County Fire Chief, one member shall be a designee of the Director of the Public Health Department, and one member shall be a member of the public appointed by the member of the Board of Supervisors of the supervisonal district in which the notice of order to abate was issued (e) A timely appeal shall stay any further action until the appeal is determined (f) The officer receiving the written appeal shall inform the issuing officer, shall set the matter for hearing before the Board of Appeals and shall notify the appellant of the date set for hearing at least 15 days prior to such date (g) The Board of Appeals shall act on the appeal and its determination shall be final (Am Ord 3586, passed--1994, Am Ord 4064, passed - -2008) § 23 0311 Removal of Fire Hazard or Hazardous Tree by Private Contractor (a) If at the end of the time allowed for compliance in the original notice and order, or as extended in cases of appeal, compliance has not been accomplished, the officer or agency issuing the notice and order may order the fire hazard or hazardous tree to be removed by a private contractor selected and approved by the enforcing agency, in the manner and under the terms specified by such enforcing agency (b) If a period of 90 days has elapsed since the due date for abatement of the hazard listed on the notice and order to abate, another notice and order to abate shall be issued, and the procedures set forth in § 23 0308 shall be required prior to any abatement (Am Ord 3586, passed - -1994) d w http //www amlegal com/alpscnpts/get-content aspx Packet Pg 78 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 8 of 10 10B § 23.0312 Payment for Abatement of Fire Hazard or Hazardous Tree. (a) Balling When the abatement has been completed, the agency or officer so causing the abatement shall render to the County Auditor an itemized statement covering work necessary for such removal The County Auditor shall pay the same from the funds of the agency or officer causing said work to be done and the agency shall present to the property owner a demand for payment by mailing a notice to the owner at the address shown on the latest tax roll (b) Tax Lien for Payment If payment is not made by or on behalf of the owner within 60 days after mailing such bill, the agency shall certify to the County Auditor the demands remaining unpaid, together with the information required by law in such cases The County Auditor shall cause the amount of the same to be entered upon the tax roll for the property from which removal was accomplished, and the said special assessment shall be included upon the next succeeding tax statement Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as County taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes If any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of such taxes would become delinquent, then the hen which would otherwise be imposed by this Section shall not attach to such real property and the costs of abatement, as confirmed, relating to such property shall be transferred to the unsecured roll and collected by any appropriate means If the property is tax- exempt, collection may be made by any appropriate means (c) Appeals Any appeal from these charges must be filed within 60 days from the date of ° billing by the enforcing agency An appeal may also be filed within 60 days from the date of L mailing of the tax bill which shows abatement charges, if, and only if, no bill was received by the m appellant The appeal procedure shall be the same as § 23 0311 of this Chapter, and the Appeal Board's decision shall be final W (d) Cancellation of Lien All or any portion of any such special assessment, penalty, or costs c. Q heretofore entered, shall on order of the Board of Appeals be cancelled by the Auditor if uncollected, or, except in the case provided for in Subdivision (5) hereof, refunded by the County Treasurer if collected, if the Board of Appeals determines that they were entered, charged or paid -a (1) More than once, �a N x (2) Through clerical error, (3) Through error or mistake of the Board of Appeals or of the officer or board designated LL r to give notice or to abate the fire hazard or hazardous tree, in respect to any material fact, CL including the case where the cost report rendered and confirmed as herembefore provided shows the County abated the fire hazard or hazardous tree but such is not the actual fact, _ U (4) Illegally, U) 5 On property acquired after the lien date b the State or an county, city, school () P P Y q Y Y Y Y Y 00 r district or other political subdivision and because of this public ownership, not subject to sale for delinquent taxes r a Packet Pg 79 http //www amlegal com/alpscnpts/get-content aspx 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 9 of 10 10B (e) Procedure for Refund of Payment No order for a cancellation or refund under Subdivision e, (d) of this Section shall be made except on a claim (1) Verified by the person who paid the special assessment or his or her guardian, executor, or administrator, (2) Filed within 60 days after the error was discovered by the property owner and no more than three years after making the payment sought to be refunded (Am Ord 3586, passed - -1994) § 23.0313 Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive. All remedies and penalties provided for in this Chapter shall be cumulative and discretionary, and not exclusive, in accordance with this Section and in the same manner as provided by § 110202 of the San Bernardino County Code (Am Ord 3586, passed--1994, Am Ord 4091, passed - -2009) § 23 0314 Authority to Inspect All persons authorized to enforce the provisions of this Chapter are authorized to conduct investigations and inspections in accordance with this Section and in the same manner as provided by § 110203 of the San Bernardino County Code (Ord 4091, passed - -2009) § 23.0315 Continuing Violations. Each and every day, and any portion of which, any violation of this Division is committed, C,,, continued, or permitted shall be deemed a new and separate offense and shall be punishable or Ln actionable as set forth in this Chapter N (Ord 4091, passed - -2009) o § 23.0316 Acts Including Causing, Aiding and Abetting. Whenever in this Division any act or omission is made unlawful, it shall include causing, pernuttmg, aiding or abetting such act or omission (Ord 4091, passed - -2009) w § 23 0317 Criminal Actions. E (a) Criminal Penalties for Violations It is unlawful for any person, firm, partnership, cc a http //www amlegal com/alpscripts/get-content aspx Packet Pg 80 10/14/2014 CHAPTER 3 ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Page 10 of 10 106 corporation or other entity (hereafter "person") to violate any provision of this Division c, constituting a public offense Any person violating any such provision, unless as otherwise specified for certain sections or for sections within a certain chapter of this Division, shall be c deemed guilty of an infraction or misdemeanor as hereinafter specified To any person so eo convicted the following shall apply a; (1) A first offense, shall constitute an infraction offense and punished by a base fine not exceeding $100 00 and not less than $50 00 (2) A second offense within one year shall constitute an infraction offense and punished by a base fine not exceeding $200 00 and not less than $100 00 (3) The third and any additional offense within one year, shall constitute either an infraction or a misdemeanor offense, and if it is an infraction offense, shall be punishable by a base fine not exceeding $500 00, or if a misdemeanor offense, punishable by up to six months in jail, and/or base fine not exceeding $1,000 00 (4) Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Government Code § 25132) (5) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor, punishable by up to six months in jail, and/or base fine not exceeding $1,000 00 (6) Payment of any fine or service of a Jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation (b) Criminal Citations Crmmmal citations shall be issued in the same manner and under the same authority as provided by § 11 0206(b) of this Code (Ord 4091, passed - -2009) § 23.0318 Civil Actions a M All violations of this Division may be subject to enforcement through the initiation of a civil u action in accordance with this Section and in the same manner and under the same authority as provided at § 110207 of the San Bernardino County Code a W (Ord 4091, passed - -2009) s § 23 0319 Administrative Citations and Penalties. As an alternative to the criminal or civil enforcement of this Division, all violations of this Division may be subject to enforcement through the use of administrative citations in accordance with Government Code § 53069 4 and this Section, and in the same manner and under the sameCn authority as provided at § 110208 of the San Bernardino County Code m (Ord 4091, passed - -2009) E �a w w a http //www amlegal com/alpscnpts/get-content aspx Packet Pg 81 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 1 of 13 10C Section San Bernardino County, CA Code of Ordinances CHAPTER 2: VIOLATIONS AND ENFORCEMENT 110201 Purposes and Remedies 110202 Enforcement Remedies and Penalties are Cumulative and Discretionary, Not Exclusive, Declaration of Public Nuisance 110203 Authority to Inspect 110204 Continuing Violations 110205 Acts Including Causing, Aiding and Abetting 110206 Criminal Actions 110207 Civil Actions 110208 Administrative Citation Actions 110209 Recording of a Notice of Pendency 110210 Filing Notice of Action 110211 Costs and Damages 110212 Treble Damages § 110201 Purposes and Remedies. Cl) ti LO The Board of Supervisors has determined that the enforcement of the Codified Ordinances of the County of San Bernardino (also known as the San Bernardino County Code) is an important public service and vital to the protection of the public's health, safety, and quality of life The ` Board of Supervisors has determined a need for alternative methods of enforcing the San Bernardino County Code (hereinafter referred to as this "Code") At the discretion of the County, W violations of this Code may be addressed through the institution of a criminal action, a civil action, and/or an administrative action as set forth in this Chapter Y {Q (Ord 4090, passed - -2009) e § 11.0202 Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive; Declaration of Public Nuisance. All remedies and penalties provided for in this Chapter shall be cumulative and discretionary and not exclusive of other applicable provisions of this Code or other applicable State or Federal v law Each and every violation of this Code is hereby declared unlawful and a public nuisance The conviction and punishment (whether by fine, imprisonment, or both) of any person E hereunder pursuant to a criminal action, or the imposition of a monetary administrative penalty pursuant to an adrninistrative citation (as defined in § 11 0208), shall not relieve such person a http //www amlegal com/alpscnpts/get-content aspx Packet Pg 82 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 2 of 13 10C from the responsibility of correcting, removing, or abating the violation, nor prevent the enforced correction, removal, or abatement thereof by the County, its employees, agents, or representatives The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a crinunal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere shall not be grounds for dismissal of the action or for the waiver, stay, or reduction, of any fine established in this Chapter Further, the procedures established in this Chapter for the use of administrative citations, and the procedures established in other titles and chapters of this Code for administrative abatement and summary abatement as a means for addressing violations of this Code, shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code The use of this Chapter shall be at the sole discretion of the County In the exercise of such discretion in selecting an appropriate code enforcement remedy, the County shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another (Ord 4090, passed - -2009, Am Ord 4102, passed - -2010) § 11.0203 Authority to Inspect. All persons authorized to enforce the provisions of this Code are authorized to enter upon any property or premises within the unincorporated areas of the County of San Bernardino to investigate violations of this Code, and to make any inspection as may be necessary in the performance of their enforcement duties, subject to constitutional constraints and laws respecting the rights of privacy These investigations and inspections may include the taking of photographs, samples, or other physical evidence, and the making of video and/or audio recordings All such entries and inspections shall be done in a reasonable manner If an owner, lawful occupant, or the respective agent, employee, or representative thereof, will not consent to the entry and/or inspection, the County may seek an administrative inspection warrant pursuant to the procedures provided by Code of Civil Procedure §§ 1822 50 through 1822 59, as may be amended from time to time, or the successor provisions thereto, and related case law (Ord 4090, passed - -2009) § 110204 Continuing Violations Each and every day, and any portion of which, any violation of this Code (or of the provisions of any code adopted and incorporated by reference by this Code) is committed, continued, or permitted, shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Chapter (Ord 4090, passed - -2009) § 110205 Acts Including Causing, Aiding and Abetting. Whenever in this Code any act or omission is made unlawful, it shall include causing, pernuttmg, aiding or abetting such act or onussion w a http //www amlegal com/alpscnpts/get-content aspx Packet Pg 8S 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 3 of 13 10C (Ord 4090, passed - -2009) § 11.0206 Criminal Actions. (a) Criminal Penalties for Violations It is unlawful for any person to violate any provision of this Code, or to violate any provision of any permit issued pursuant to this Code, or the conditions of approval for such permit granted pursuant to this Code Unless otherwise specified in another part of this Code, any person committing such violation shall be deemed guilty of a misdemeanor (1) Misdemeanor Violations Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called "no contest"), the penalty shall be a base fine of not less than $500 00 and not more than $1,000 00, or by imprisonment in the County jail for a period of not more than six months, or by both such base fine and imprisonment Any court costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine (2) Infraction Violations Notwithstanding the foregoing, a misdemeanor violation may be >, cited, charged, and prosecuted as an infraction Where so prosecuted, or where specified in a 3 section or chapter of this Code that the violation of a certain section or sections shall be an C infraction, then that shall be the type of offense and each such violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo contendere S (commonly called "no contest"), by a base fine not exceeding $100 00 for a first violation, a c base fine not exceeding $200 00 for a second violation of the same Code section within one year, m and a base fine not exceeding $500 00 for each additional violation of the same Code section = within one year of the first violation However, violations of building and safety provisions of this Code cited, charged, and prosecuted as infractions shall be punishable by a base fine not exceeding $100 00 for a first violation, a base fine not exceeding $500 00 for a second violation a of the same Code section within one year, and a base fine not exceeding $1,000 00 for each additional violation of the same Code section within one year of the first violation The maximum fines imposed in this Section are based upon the provisions of Government Code § v 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted Any court E costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine w (b) Criminal Citations (1) If any person is arrested by a peace officer, fire marshal, fire prevention officer, code enforcement officer, animal control officer, public health officer, or any other officer authorized to enforce this Code for a violation of any provision of this Code (hereinafter "arresting officer"), whether punishable as a misdemeanor or as an infraction, the arresting officer shall issue a notice to appear (the citation) to such person, pursuant to Penal Code §§ 853 5 and 853 6, and request that the person sign the notice to appear, which shall constitute the person's written promise to appear in court After obtaining the written promise to appear, the arresting officer must immediately release the person (2) If the person cited refuses to sign the notice to appear, the arresting officer, unless the F, arresting officer is a sworn peace officer, must immediately release the person and refer the E matter to the Office of County Counsel or other appropriate agency for appropriate action R (Ord 4090, passed - -2009) Q http //www amlegal com/alpscnpts/get-content aspx Packet Pg 84 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 4 of 13 10C § 11.0207 Civil Actions. (a) Injunctive Relief and Abatement At the request of any person authorized to enforce this Code, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Code, or any permit issued pursuant to this Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs (b) Civil Remedies and Penalties Any person, whether acting as principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Code, or any penult issued pursuant to this Code, or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed $1,000 00 per violation for each day or any portion thereof, that the violation continues to exist In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred or was repeated, the assets, liabilities, and net worth of the violator, whether the violator is a corporate entity or an individual, and any corrective action taken by the violator (c) Attorney's Fees and Costs of Enforcement In any civil action brought by the County, _ including but not limited to a proceeding to abate a public nuisance, whether by seeking co injunctive relief and/or an abatement order, or other order, attorney's fees and costs of enforcement may be recovered by the prevailing party Such recovered attorney's fees shall not a exceed the amount of reasonable attorney's fees incurred by the County in that action or proceeding (Government Code § 25845) Costs of enforcement shall include, but not be limited I- to, administrative costs and any and all costs incurred in the physical abatement of any nuisance and any and all costs incurred by the County in the correction or remedying of a violation of this = Code Notwithstanding the above language, no attorney's fees shall be recovered in any E administrative proceeding held pursuant to § 110208 or any related appeal to the Superior Court or the Courts of Appeal W a c (Ord 4090, passed - -2009) § 110208 Administrative Citation Actions. (a) Application All violations of any provision of the "Codified Ordinances of the County of v San Bernardino," more commonly known as the San Bernardino County Code, Titles 1 through 8, inclusive, and hereinafter to include any and all additional titles as may be enacted and c� adopted by the County of San Bernardino Board of Supervisors, are subject to enforcement ED through the use of administrative citations in accordance with Government Code § 53069 4 and T this Section Administrative citations may be issued for any violation of this Code including but not limited to those violations not occurring in the presence of the Enforcement Officer (as defined below) issuing the citation where the issuing officer deternimes through investigation that the responsible party (as defined below) committed, caused, allowed, or is otherwise a http //www amlegal com/alpscnpts/get-content aspx Packet Pg 85 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 5 of 13 10C responsible for the violation The following procedures shall govern the imposition, enforcement, collection, administrative review, and judicial review of administrative citations and penalties (b) Definitions For the purposes of this Chapter, certain words are defined as follows ADMINISTRATIVE CITATION A citation issued pursuant to this Chapter, stating that one or more violations of this Code has occurred and stating the amount of the administrative penalty to be paid by the responsible party ADMINISTRATIVE COSTS All costs incurred by or on behalf of the County from the first discovery of the violation of this Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence ADMINISTRATIVE COSTS shall not include attorney's fees CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO,SAN BERNARDINO COUNTY CODE, and this CODE The Codified Ordinances of San Bernardino County, including all pertinent provisions of State codes as from time to time adopted and incorporated therein, enacted by the Board of Supervisors of the County of San Bernardino, acting pursuant to authority granted under the County Charter, Government Code §§ 25126, 25127, and 25128, or other applicable law COUNTY San Bernardino County and, as it is also known, the County of San Bernardino, a political subdivision of the State of California, as enacted by the State Legislature by the Statutes of California passed at the Fourth Session of the Legislature, Chapter LXXVIII, April 26, 1853 m ENFORCEMENT OFFICER Any County employee, Special District employee, or agent of the County with the authority to enforce any provision of this Code, specifically c (A) The Deputy Director, each Code Enforcement Supervisor, and each Code ¢ Enforcement Officer or other designated employee of the Code Enforcement Division of the ti Land Use Services Department, 41 (B) The Building Official, each Regional Building and Safety Supervisor, each Building E Inspector, and other designated employees of the Building and Safety Division of the Land Use w Services Department, w (C) The Fire Chief/Fire Warden, Fire Marshal, and other designated employees of the San Bernardino County Fire Protection District, c r �a (D) The Director, each Inspector, and other designated employees of the Environmental c Health Services Division of the Department of Public Health, N CL (E) The Division Chief, each Animal Control Supervisor/Officer, and other designated employees of the Animal Care and Control Program of the Department of Public Health, w (F) The Sheriff -Coroner, each Deputy Sheriff (all ranks), and other designated employees v of the Department of the Sheriff -Coroner, N (G) The Director and other designated employees of the Public Works Department, and c m (H) Any other Director and other designated employees of a County department or E Special District as designated by the County Administrative Officer or the Board of Supervisors R Packet Pg 86 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 6 of 13 10C PERSON Without limitation, any natural person, firm, association, club, organization, corporation, partnership, business, business trust, company or other entity, which is recognized by law as the subject of rights or duties RESPONSIBLE PARTY For the purpose of this chapter and except as otherwise specified in Titles 1 through 7, inclusive, of this Code, RESPONSIBLE PARTY shall mean (A) Each person, other than a minor, who commits or causes a violation of any provision of Titles 1 through 7, inclusive, of this Code to occur, exist, or continue, (B) Each person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision of Titles 1 through 7, inclusive, of this Code to occur, exist, or continue, (C) Each person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the County of San Bernardino and who commits, causes, or otherwise allows the violation of any provision of Titles 1 through 7, inclusive, of this Code to occur, exist, or continue on such parcel, (D) Each person who, although not an owner, nevertheless has a legal right or legal obligation to exercise possession and control over any parcel of real property located within the unincorporated area of the County of San Bernardino and who commits, causes, or otherwise allows the violation of any provision of Titles 1 through 7, inclusive, of this Code to occur, exist, or continue on such parcel, and (E) In addition to the business entity itself, each person who is an owner of that business entity in those cases in which the commission, occurrence, existence, or continuation of the violation of any provision of Titles 1 through 7, inclusive, of this Code is most reasonably attributable to that business entity and not to an employee of that business entity (c) Content of Citation The administrative citation shall be issued on a form approved by the a County Administrative Officer in consultation with County Counsel The administrative citation form may be tailored to the specific needs of the issuing department as approved by the County LO Administrative Officer, however, all administrative citations regardless of the issuing County Department shall contain the following information � (1) The name and mailing address of the responsible party (2) The administrative citation shall refer to the date(s) and location of the violation and the approximate tmme(s), if applicable, that the violation was observed (3) The administrative citation shall identify each violation by the applicable Section number of this Code and by either the Section's title or a brief descriptive caption, or by reference to the applicable permit describing the condition violated (4) The administrative citation shall describe the action(s) required to correct the violations (5) The administrative citation shall require the responsible party to immediately correct the violation where appropriate or otherwise indicate a reasonable compliance deadline date and shall explain the consequences of failure to correct the violation (6) The administrative citation shall state the amount, if any, of the penalty imposed for the violation Multiple violations may be listed on the same citation form In the event of multiple E violations, the administrative citation shall list the penalty amount, if any, for each violation and _ the total amount of all of the penalties For continuing violations pertaining to building, w Q Packet Pg 87 http //www amlegal com/alpscnpts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 7 of 13 10C plumbing, electrical, or other similar structural or zoning issues, and where such continuing violations do not create an immediate danger to health or safety, the administrative citation shall provide for a reasonable period of time to correct or otherwise remedy the violation prior to the imposition of the penalty Otherwise, the penalty may be imposed immediately (7) The administrative citation shall contain a notation box for the Enforcement Officer to indicate whether or not the citation is issued as a "warning only" and without penalty The administrative citation shall also include a notation box that may be used by the Enforcement Officer to indicate that the penalty will be waived if the violation is corrected by the compliance deadline date indicated on the citation form (8) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period (9) The administrative citation shall identify all appeal rights and include instructions on how to appeal the citation, including instructions regarding the advance deposit hardship waiver (10) The administrative citation shall contain the printed name and the signature of the Enforcement Officer issuing the citation and, where reasonably possible to obtain it, the signature of the responsible party (or managing employee if the responsible party is a business entity), if he or she can be located, as set forth in Division (d) below (d) Service of Citation (1) If the responsible party is present at the scene of the violation, the Enforcement Officer shall attempt to obtain their signature on the administrative citation and shall deliver a copy of the administrative citation to them (2) If the responsible party is a business, and the business owner is on the premises, the Q. Enforcement Officer shall attempt to deliver the admimstrative citation to the business owner If Q the Enforcement Officer is unable to serve the business owner on the premises and the Enforcement Officer can only locate the manager or on -site supervisor, the administrative ti LO citation may be issued in the name of the business and a copy given to the manager or on -site supervisor A copy of the administrative citation shall also be mailed to the business owner by = certified mail, return receipt requested, and by first class mail If a copy of the administrative E citation that is sent by certified mail is returned by the United States Postal Service unsigned or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective w provided it is also not returned by the United States Postal Service c (3) If a responsible party cannot be located at the property, then a copy of the administrative citation shall be posted in a conspicuous place on or near that property, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to each responsible party at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership of the property that is the subject of the administrative citation If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service (4) The failure of any responsible party to receive a copy of the administrative citation shall not affect the validity of the proceedings E (e) Administrative Penalties and Costs a w a Packet Pg 88 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 8 of 13 10C (1) Unless otherwise provided in this Code, the amount of penalty to be imposed for a violation of this Code and assessed by means of an administrative citation shall be $100 00 for the first occurrence of a violation, $200 00 for the second occurrence of the same violation within one year, and $500 00 for the third and each subsequent occurrence of the same violation within one year The maximum fines imposed in this Section are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted (2) If the violation is not corrected within the time limits established in this Code, then additional administrative citations may be issued for the same violation The amount of the penalty shall increase at the rate specified above (A) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the County (B) The penalties assessed shall be due to the County (or to the County's designated collection/processing agent for the issuing County Department or Special District Department) within 30 calendar days from the date the administrative citation is issued (C) Except as provided below, any person who fails to pay to the County (or the County's designated collection/processing agent for the issuing County Department) any penalty imposed pursuant to the provisions of this Chapter shall be liable for payment of the applicable late payment charges as follows (I) For payments received within 30 days after the due date, a late fee in the amount of 50 percent of the administrative fine is due (II) For payments received more than 30 days after the due date, a late fee in the amount of 50 percent of the original administrative fine is due, plus an additional 50 percent of the original administrative fine is due (D) The County may collect any past due administrative citation penalty or late payment t- charge by use of any available means, including without lirmtation, the recording of a notice of lien, describing the real property affected and the amount of the costs and administrative citation penalties claimed by the County with the Office of the County Recorder The County may E transmit notice of the award of administrative costs and administrative citation penalties, or notice of the judgment thereon arising from a collection or other legal action, to the w Treasurer/Tax Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless sooner paid The County may also recover its collection costs A judgment or award of such costs, penalties or damages may be enforced as set forth above and may also be enforced in any other manner provided by law 2 (E) In any appeal hearing, the issuing County Department may also recover its administrative costs incurred in investigating, inspecting, and abating or remedying the violation of the County Code, in attempting to collect any and all penalties and late fees, and in defending the citation at the appeal hearing (F) All administrative citation penalties collected pursuant to these provisions shall be v� deposited into specific funds maintained by or on behalf of the respective issuing County v Departments for the purpose of funding their enforcement of this Code = d E (f) Appeal of Administrative Citation s m (1) Notice of Appeal Any responsible party in whose name an administrative citation has a Packet Pg 89 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 9 of 13 10C been issued may appeal the administrative citation by filing a written notice of appeal with the County Department that issued the administrative citation If the issuing County Department has designated a processing agent, then the responsible party shall file their written notice of appeal with the issuing County Department's designated processing agent The written notice of appeal must be filed within 20 calendar days of the date the administrative citation was served in a manner set forth in Division (d) of this Section The written notice of appeal shall be filed together with an advance deposit, consisting of a cashier's check, for the full amount of the penalty stated on the administrative citation Failure to file a written notice of appeal and the full amount of the advance deposit within this time period shall constitute a waiver of the right to appeal the administrative citation (2) Advance Deposit Hardship Waiver Any person intending to appeal an administrative citation and who is financially unable to make the advance deposit as required by this Section may file a written request for an advance deposit hardship waiver The written request must be filed prior to filing the notice of appeal The written request shall be filed with the issuing County Department A County -approved form shall be made for this purpose The person requesting the advance deposit hardship waiver shall indicate on the corresponding notice of appeal that an advance deposit hardship waiver request has been subrrutted (3) Advance Deposit Hardship Waiver Evaluation Procedures Pending a decision by the County Department's Director, or the Director's designee to grant or deny the request, the c advance deposit requirement shall be stayed and no administrative hearing shall be scheduled U The Director, or the Director's designee, may waive the advance deposit requirement and issue a °c waiver only if the person requesting the waiver submits to the Director's attention a sworn affidavit, together with any supporting documents or materials, reasonably demonstrating to the a Director the person's actual financial inability to submit the advance deposit in advance of the m appeal hearing Within ten days of receipt of the advance deposit hardship waiver request, the Director or the Director's designee shall issue a written decision to grant or deny the request If CO) the request is denied the written decision shall explain the reason(s) for denial of the waiver and -°a shall state the due date for payment of the advance deposit The written decision of the Director, or the Director's designee, shall be sent via first class mail to the requesting party and shall be M final An administrative hearing shall not be scheduled until the advance deposit is received If ul the request is denied and the advance deposit is not remitted within the time frame indicated in r the written decision, the right to an appeal shall be deemed waived and payment of the administrative penalty shall become due immediately The amount due shall be subject to all L applicable late fees, which shall accrue from the original due date as indicated on the w administrative citation V (4) Contents of Notice of Appeal The notice of appeal shall be submitted on County - approved forms and shall contain the following information (A) A brief statement setting forth the appealing person's (hereinafter "appellant") interest in the proceedings, (B) A brief statement of the material facts which the appellant claims supports their contention that they did not comrmt, cause, or otherwise allow a violation of one or more v provisions of Titles 1 through 7, inclusive, of this Code to occur, exist, or continue as alleged in m the administrative citation at issue, or that they are not a responsible party as defined at § w 11 0208(b)(7) of this Chapter v w c (C) A marling address at which the appellant agrees that notice of any additional proceeding, or an order relating to the imposition of an administrative citation penalty, shall be received and accepted by the appellant by first class mail a Packet Pg 90 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 10 of 13 10C (D) The notice of appeal must be signed and dated by the appellant (5) Administrative Hearing The resolution of an appeal of an administrative citation issued under the authority of this Section shall be by an administrative hearing conducted according to the procedures set forth in this Section The provisions of this Code at Title 1 Government and Administration, Division 2 Departments, Offices, Commissions, Chapter 27 Administrative Hearings, County Hearing Officer, shall not apply Upon the issuing County Department's designated processing agent's receipt of a timely, written notice of appeal from the appellant, an administrative hearing shall be held as follows (A) Hearing Date The date of the hearing shall be set for a date that is no later than 60 days from the date the notice of appeal is received by the issuing County Department's processing agent, unless otherwise stayed by the timely submission of an advance deposit hardship waiver, as indicated above (B) Notice of Hearing Notice of the administrative hearing shall be given to the appellant at least ten calendar days before the hearing The notice may be delivered to the appellant or mailed by first class mail to the address listed in the notice of appeal Neither personal service nor service by certified mail shall be required (C) Hearing Officer The administrative hearing shall be held before the Director of the issuing County Department or his or her designee The hearing officer shall not be the Enforcement Officer who issued the administrative citation or their immediate supervisor The Director of the issuing County Department, through the County's contracting process, may contract with a qualified provider for administrative processing and collection services to provide hearing officers to conduct administrative hearings and process administrative citations, including the collection of payments of administrative citation penalties, administrative costs, and late charges The Board of Supervisors finds that contracting with a qualified provider for 3 administrative hearing officers as set forth in this Section is equivalent to the establishment of an a office of County hearing officer as provided for and for the purpose intended by Government Code § 25845(1) The Board of Supervisors further finds that the decision of the hearing officer so appointed shall be deemed a recommendation adopted by the Board of Supervisors without further notice, and shall be deemed equivalent to and for the purpose intended by Government Code § 25845(h) W. (D) Conduct of the Hearing c LU (I) The Enforcement Officer who issued the administrative citation shall not be required N to participate in the administrative hearing The contents of the Enforcement Officer's case file shall be admitted as prima facie evidence of the facts stated therein The hearing officer shall not c be limited by the technical or formal rules of evidence The issuing County Department shall N bear the burden of proof at the administrative hearing to establish the existence of a violation of c. this Code by a preponderance of the evidence The hearing officer shall have the discretion to v exclude evidence if its probative value is substantially outweighed by the probability that its c admission will cause an undue consumption of time The Enforcement Officer establishing or v confirming the occurrence or existence of a violation of this Code shall be deemed the complaining or reporting party Personal or other identifying information regarding any other v reporting party shall be deemed both irrelevant and subject to the federal and state constitutional w rights of privacy, and, therefore, shall not be subject to review or disclosure (I1) Provided that proper notice of the administrative hearing has been served as required by this or other applicable chapters of this Code, an appellant who fails to appear at the a http //www amlegal com/alpscripts/get-content aspx Packet Pg 91 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 11 of 13 „10 C administrative hearing shall be deemed to have waived each of the following the right to such hearing, the adjudication of issues presented at the hearing, and any and all rights afforded to the appellant under this Code The appellant shall also be deemed to have failed to exhaust their administrative remedies (III) Notwithstanding Subdivision (f)(5)(D)(II) above, if the appellant fails to appear at the administrative hearing, the hearing officer shall make their determination based on the information contained in the Enforcement Officer's case file and the appellant's notice of appeal (IV) The only evidence that shall be permitted at the administrative hearing and considered by the administrative hearing officer in reaching a decision, is that evidence which is relevant to the proof or disproof of (m) Ownership of the subject property, when applicable, (mm) Whether a person noticed by the issuing County Department as a responsible party is, in fact, a responsible party, (ill) Whether a violation of this Code occurred and/or continues to occur on the date or dates specified in the administrative citation, (iv) Whether the responsible party has committed, caused, maintained, or permitted a violation of this Code on the date or dates specified on the administrative citation (v) The County's administrative costs (g) Hearing Officer's Riding (1) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall take the matter under submission The hearing officer shall within a reasonable time issue a written ruling ("Administrative Citation Appeal Ruling" or "Ruling") to uphold or cancel the administrative citation, as to each violation, and shall list in the ruling the reasons for that decision (2) If the hearing officer determines that the administrative citation should be upheld, then the amount of the penalties set forth in the citation shall not be reduced or waived for any reason As to an administrative citation listing multiple violations, the amount of penalties for the violations so upheld shall not be reduced or waived for any reason This Division (g) shall not apply to "warning only" administrative citations or to any administrative citation that indicates on its face that the penalty will be waived if the violation is corrected by the deadline compliance date and the violation is so corrected (3) If the hearing officer cancels the administrative citation, then no penalty shall be assessed and any penalty otherwise deposited with the issuing County Department, or its designated processing/collection agent, shall be promptly refunded to the appellant As to an administrative citation listing multiple violations, then no penalties shall be assessed for the specific violations so cancelled and the amounts of such penalties otherwise deposited with the issuing County Department, or its designated processing/collection agent, shall be promptly refunded to the appellant M ti LO (4) The appellant shall be served with a copy of the ruling by first class mail within a v reasonable time The ruling shall become final on the date of mailing d (5) The ruling shall contain instructions for obtaining judicial review of the decision pursuant to California Government Code § 53069 4, as that section may be from time to time a Packet Pg 22 http //www amlegal com/alpscnpts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 12 of 13 10C amended, or the successor provision thereto (6) If the administrative citation is upheld, the Hearing Officer shall also award the County its administrative costs An itemized summary of these costs shall be presented at the hearing (h) Judicial Review of Administrative Hearing Officer's Ruling (1) Notice of Appeal Within 20 calendar days of the date of the delivery or mailing of the ruling to the appellant, the appellant (hereinafter "contestant") may contest that decision by filing an appeal to be heard by the Superior Court, and paying to the court clerk the filing fee set forth at Government Code § 53069 4, or the successor provision thereto The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the ruling shall be deemed confirmed The contestant shall serve a copy of the notice of appeal in person or by first class marl upon the County Department that had issued the original administrative citation (2) Conduct of the Superior Court Appeal Hearing The conduct of the appeal before the Superior Court is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officers at the direction of the presiding judge at the Superior Court The appeal shall be heard de novo, except that the contents of the issuing County Department's file in the case shall be received in evidence A copy of the document or instrument of the issuing County Department providing notice of the violation and imposition of the administrative penalty (m e , the administrative citation) shall be admitted into evidence as prima facie evidence of the facts stated therein The Court shall request that the issuing Department's file in the case be forwarded to the Court, to be received within 15 calendar days of the request (3) Judgment The Court shall retain the filing fee regardless of the outcome of the appealL. R If the Court finds in favor of the contestant, the amount of the fee shall be reimbursed to the a contestant by the issuing County Department Any deposit of the administrative penalty shall be ,00 refunded by the issuing County Department in accordance with the judgment of the Court If the a administrative penalty has not been deposited and the decision of the Court is against the contestant and in favor of the issuing County Department, the issuing County Department may LO proceed to collect the penalty and administrative costs pursuant to the procedures set forth in this Code, or in any other manner provided by law (Ord 4090, passed - -2009, Am Ord 4102, passed - -2010, Am Ord 4175, passed - -2012) § 11.0209 Recording of a Notice of Pendency. Whenever the County institutes a judicial action or proceeding to enforce the San Bernardino County Code, a notice of pendency of the action or proceeding may be filed with the County Recorder's Office The notice may be filed at the time of the commencement of the action or proceeding, and upon recordation of the notice as provided in this Section, shall have the same effect as a notice recorded in compliance with § 405 20 of the Code of Civil Procedure (a) The County Recorder shall record and index the notice of pendency of action or proceeding in the Grantor/Grantee Index w (b) Any notice of pendency of action or proceeding filed in compliance with this Section may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of s need therefor by an order of a judge of the Court in which the action or proceeding is pending w a Packet Pg 93 http //www amlegal com/alpscripts/get-content aspx 10/14/2014 CHAPTER 2 VIOLATIONS AND ENFORCEMENT Page 13 of 13 10C (1) A certified copy of the "Order to Vacate Notice of Pendency" may be recorded with the County Recorder's Office, and upon the recordation, the notice of pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein (2) An "Order to Vacate Notice of Pendency" shall not be appealable, but the party aggrieved by the order may, within 20 days after service of written notice of the order, or within additional time not exceeding 20 days as the Court may, within the original 20 days allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review the order by writ of mandate (3) No "Order to Vacate Notice of Pendency" shall be effective, nor shall it be recorded with the County Recorder's Office, until the time within which a petition for the filing of a writ of mandate has expired in compliance with this Section (Ord 4090, passed - -2009) § 11.0210 Filing Notice of Action. Whenever an enforcement action is initiated and prior to filing a notice of pendency, the Code Enforcement Division or other County Department initiating the action, may, pursuant to Government Code § 27280, file with the County Recorder's Office a notice of action identifying the enforcement action taken for violation of the San Bernardino County Code or other applicable law (Ord 4090, passed - -2009) § 110211 Costs and Damages. Any person, whether acting as a principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator or contractor, or otherwise, violating any provision of this Code or the rules, regulations, orders, permits or conditions of approval issued thereunder, shall be liable to the County for costs of abatement and any damages suffered by the County, its agents or agencies, as a result of such violations (Ord 4090, passed - -2009) § 11.0212 Treble Damages. Upon a second or subsequent civil or criminal judgment for a violation of this Code within a two-year period the violator shall be liable to the County for treble the abatement costs, in accordance with Government Code § 25845 5 (Ord 4090, passed - -2009) M ti LO http //www amlegal com/alpscripts/get-content aspx Packet Pg 94 10/14/2014 MEETING DATE October 28, 2014 TITLE Proposed 2030 Vision Communications Plan PRESENTED BY Kenneth Henderson, Interim City Manager RECOMMENDATION Approve proposed 2030 Vision Communications Plan 2030 VISION STATEMENT This staff report supports 2030 Vision Goal #5, Engage in Proactive Communication" BACKGROUND On May 12, 2014, the City Council approved its 2030 Vision and 2014-2020 Strategic Plan As part of this action, Council directed staff to prepare for its consideration an Implementation Plan for the purpose of accomplishing the five, specific goals set forth in the City's 2030 Vision A few months later, on July 22, 2014, Council considered, and unanimously approved, the 2030 Vision Implementation Plan, Phase I This Plan, among other things, calls for the development of a Communications Plan in furtherance of Goal #5 "Engage in Proactive Communication" DISCUSSION As prelude to the above auspicious actions, the City Council hired Flint Strategies for the purpose of aiding and guiding the Council in developing and implementing its vision for the future Kendall Flint, of Flint Strategies, moderated a Council workshop over the course of one and one-half days, the results of which were the 2030 Vision and 2014- 2020 Strategic Plan Flint Strategies was also retained for development of the above referenced Implementation Plan, which includes a 2030 Vision Communications Plan, the subject of this agenda item The attached proposed Communications Plan has a number of critical elements Among them are (1) Proactive Media Relations, (2) Development of a Social Media Policy, (3) a Comprehensive Website Update, (4) Online Permitting, (5) Transition Broadcast of City Meetings from Cable to Webcast, (6) Communications Training for Staff, (7) Media Training for Elected/Appointed Officials, City Manager and Department Directors, (8) Collateral Development, and, (9) Community Outreach Ms Flint will present the proposed Plan to Council and the community through oral and power point presentations and will be assisted by staff, as appropriate Packet;Pg 95 Effective October 1, 2014, and pursuant to previous Council action, Kendall Flint is serving as the City's consulting Public Information Officer for the next six months As such, if Council approves the proposed Communications Plan, with the assistance of Flint Strategies, and other technology partners, the City will be in a position to make 21 st Century changes to its efforts to effectively engage the community going forward Doing so will make each plan for the other 2030 Vision goals easier to implement, including the ability to gain critical community support FISCAL IMPACT There is no impact to the General Fund if the proposed Plan is implemented as submitted The anticipated ongoing costs are virtually the same as has been budgeted for these activities, and the start-up costs of approximately $6,000 can be offset by budget savings incurred to date and anticipated for the remainder of the fiscal year, therefore, no new appropriation is needed at this time ATTACHMENTS • A - Draft Communications Plan City of Grand Terrace REV (DOCX) APPROVALS Kenneth J Henderson Completed 10/21/2014 7 35 PM Finance Completed 10/21/2014 7 36 PM City Attorney Completed 10/21/2014 7 13 PM City Manager Completed 10/21/2014 7 38 PM City Council Pending 10/28/2014 6 00 PM Packet Pg 96 11 A EXECUTIVE SUMMARY The City of Grand Terrace recently adopted its Vision 2030 and 2014-2020 Strategic Plan, guiding documents to position the City to fulfill its future vision Five goals were identified as priorities for the City This plan supports Goal #5 Engage in Proactive Communication • Develop and Implement a Cost -Effective, Proactive, Communication Program • Utilize Technology and Web -Based Tools to Disseminate Information • Engage the Community by Participation The City is seeking a cost effective means to engage its residents and local businesses o and attract new commercial interests to the City Transparency is also critical, with the N City Council supporting open government and making it easy for the public to access information regarding all actions taken by the City With limited staff and budget, the c City needs strategies that maximize cost effective deployment of information with a minimal effort from staff There are essentially three types of engagement v M Ln T • Public Education Communications plans designed to provide the public with information about programs, initiatives and/or other efforts conducted by the City Traditionally, these are one-way efforts, with information coming from the City to the public, giving them a clear understanding of the issue or program • Public Involvement Programs designed to engage the public, providing opportunities for collaboration and public input These are two-way efforts that allow the public to Influence a process The level of ►nfluence the public will have will vary from program to program and, therefore, must be clearly defined in each case • Call to Action Programs designed to prompt action by a targeted audience(s) These include economic development efforts and Community Based Social Marketing (CBSM) programs, such as conservation, recycling and/or other types of behavioral change This plan provides an easy -to -follow guide to identify the most appropriate type of outreach for a specific effort and, then, the most appropriate and cost-effective tools for implementation It also includes various templates and examples of presentations, news releases and other materials that may be adapted to meet specific needs a Packet Pg 77 11A Key Recommendations • Proactive Media Relations protocols, • Communications training for staff, • Overhaul of the City's website, • Transition Community Development permitting to MyGov us • Transition broadcast of City meetings from cable to webcast and upgrade cameras and interface in Council Chambers, • Limited use of consultant(s) to support implementation of the plan, and • Media training for staff and elected/appointed officials EXISTING CONDITIONS Our team reviewed the City's website, brochures, fact sheets and other documents currently used by the City across all departments The purpose of this task was to c determine what tools were already in use by the City and what communications c infrastructure is already in place The City, currently, does not have any standardized a materials such as news release templates or PowerPoint presentations and many of the existing economic development materials are out of date The City's website is not intuitive and, though it contains some good information, it should be updated • GOALS The Communication Plan has three specific goals 1 Support transparency in all aspects of local governance 2 Provide residents with multiple options and channels of communication with elected officials and staff 3 Identify best practices in the use of technology to disseminate information and streamline City services KEY MESSAGES Key messages are essential for every outreach effort Individual messages should be adapted for specific campaigns, however, these overall key messages should be included in ALL communications programs implemented by the City 1 The City of Grand Terrace is committed to open and inclusive governance 2 The City is committed to maintaining its fiscal viability 3 The City is committed to supporting public safety 4 The City is committed to promoting economic development a Packet Pg 98 11A ;-�- KEY AUDIENCES AND PROPOSED COMMUNICATIONS CHANNELS Key audiences are the target groups the City will prioritize in its outreach efforts Individual programs will have distinct audiences For example, an update to the sign code ordinance would likely prioritize local businesses as its key audience This plan Is intended to Identify overall target audiences to ensure identification of appropriate channels to reach each group Target Audience Potential Channels News Web Mad Meetings Place- Based Collateral Residents Residents with Young Children Residents with Older Children �I Seniors Local Business Owners News Media ,J Local Advocates Regional Partners New Commercial Interests New Residents -+.* TACTICS Tactics are the Individual action Items to be Implemented as part of the Plan One of the challenges facing the City is lack of staff available for Implementation and limited resources to hire consultants For that reason, tactics must be clearly defined and be realistic to implement 1 Proactive Media Relations The City will increase its efforts to promote programs, initiatives and milestones via local, regional and, if appropriate, national media As part of the development of the Plan we have • Created templates for news releases, tip sheets and eBlasts • Developed a comprehensive media list for southern California 2 • Developed an online internal news release form for staff to request assistance on a project -by -project basis 3 1 Included in Appendix A z Included in Appendix B 3 Link to be sent electronically upon website launch Packet P9 99 11A News releases should be sent via email as follows • Promote upcoming meetings and workshops (7-10 days poor to event) • Promote upcoming City Council agenda items (Same day as Agenda posts) • Recap action taken by City Council when appropriate (Next day) • Announce new programs and services (As appropnate) 2 Development of a Social Media Plan and Policy To address the fast -changing landscape of the Internet, and the way residents communicate and obtain information online, the City of Grand Terrace should use social media tools to reach a broader audience The City should encourage the use of social media to further the goals of the City and the missions of its departments, where appropriate The City of Grand Terrace has an overriding interest and expectation in deciding what is c "spoken" on behalf of the City on social media sites We have developed the following a` policy to establish guidelines for the use of social media and identified the sites the City will utilize as part of this effort • Facebook • Twitter • YouTube • Linkedln • Google+ • Nextdoor • Instagram To facilitate management of social media, reporting and analytics, we recommend the City utilize HootSuite com to manage its campaigns This allows dissemination of information from a single platform which tracks all content, messages and analytics across multiple channels The annual fee for this service is $119 88 Social Media Policy October 2014 All City of Grand Terrace social media sites posted by executive departments will be subject to approval by the City Manager and/or Public Information Officer 2 The City of Grand Terrace website CityofGrandTerrace gov, will remain the City's primary and predominant internet presences 3 The best, most appropriate, uses of social media tools fall generally into w two categories a Packet Pg 100 11A a As channels for disseminating time -sensitive information as quickly as possible (example emergency information) b As marketing/promotional channels which increase the City's ability to broadcast its messages to the widest possible audience Wherever possible, content posted to City of Grand Terrace social media sites will also be available on the City's main website 4 Wherever possible, content posted to City of Grand Terrace social media sites should contain links directing users back to the City's official website for in-depth information, forms, documents or online services necessary to conduct business with the City 5 As is the case for the City's website, departmental public information staff will be responsible for the content and upkeep of any social media sites their department may create 6 City social media sites are subject to State of California's public records a laws Any content maintained in a social media format that is related to v City business, including a list of subscribers and posted communication, isOM a public record The Department maintaining the site is responsible for responding completely and accurately to any public records request for LU public records on social media Content related to City business shall be maintained in an accessible format so that it can be produced in response to a request Wherever possible, such sites shall clearly indicate that any articles, and any other content posted or submitted for posting, are subject to public disclosure Users shall be notified that public disclosure requests must be directed to the relevant departmental public disclosure officer 7 Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communication between City departments and members of the public City social media site articles and comments containing any of the following forms of content shall not be allowed • Comments not topically related to the particular social medium article being commented upon, E 0 • Comments in support of, or opposition to, political campaigns or ballot measures, cc • Profane language or content, • Content that promotes, fosters, or perpetuates discrimination on the a basis of race, creed, color, age, religion, gender, marital status, status C with regard to public assistance, national origin, physical or mental s disability or sexual orientation, • Sexual content or links to sexual content, a • Solicitations of commerce, • Conduct or encouragement of illegal activity, 11 Packet Pg 101 • Information that may tend to compromise the safety or security of the public or public systems, or • Content that violates a legal ownership interest of any other party These guidelines must be displayed to users or made available by hyperlink Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available 8 The City reserves the right to restrict, or remove, any content that is deemed in violation of this social media policy or any applicable law 9 The City will approach the use of social media tools as consistently as possible, enterprise wide 10 All new social media tools proposed for City use will be approved by the City Manager and the appropriate department's public information authority 3 Revise and Update City's Website The City's website has been redesigned to provide a more user-friendly interface and easier access for staff to post information regarding City programs and services Overall site organization will be as follows • About (Vision 2030) o Latest News o Employment Opportunities o Upcoming Meetings o Getting a Business License o Doing Business with Us • City Departments o Animal Services o Child Care Services o City Clerk o City Manager o Code Enforcement o Community Development ■ Planning ■ Budding ■ Code Enforcement ■ Public Works ■ Parks and Recreation o Economic Development ■ Market Area and Business Profile ■ Economic Indicators o Finance Nbko TOGMO Ta ThlNYam Qtp (pegNauh �.a.w�iw�,u�a%—sue � VOrmc9 Packet Pg 102 11A ■ Business Licenses o Fire Department o Human Resources o Library o Police Services o Public Works o Senior Services o Trash and Recycling o Utilities • Government o City Council o Planning Commission o Oversight Board o Agendas and Minutes • News • Document Library (Organized by Department) • RFPs/RFQs • Contacts Staff will be trained to post, update and manage the pages for their individual departments MinuteTraq will continue to be utilized to manage and post meeting agendas and minutes We will also include a new eNewsletter system to send updates to residents, businesses and stakeholders, as appropriate 4 Transition Community Development to Online Permitting Communication protocols extend to how the City communicates with applicants in the permitting process Currently, the City's Development Services operation manages the entitlement process via counter service and "paper" applications This is not efficient and does not promote a transparent, coordinated process This also makes it difficult for applicants and the public to track applications and for staff to coordinate the acceptance of fees and the approval process across multiple departments Our team researched several options and recommends MyGov us This platform Allows applicants to work with the City online requesting permits, inspections, paying fees, reading and responding to review and inspection notes, uploading needed items and maps Allows plan reviews across departments, buildings and agencies Collaborates on a single interface where everyone has a transparent view of review notes, status and response times Email or print an overview of all reviews for interested parties or Planning Commission and City Council Auto -assigns building inspectors by inspection type or inspection load Each inspector can use his/her inspection list to create inspection routes and print tickets c d E Ef Packet Pq 103 t '11 A • The City currently uses HdL to manage fees, however, it only manages Building Fees — Planning Fees are handled separately MyGov will coordinate ALL fees from a single interface Cost for MyGov is approximately $300 per month, with a startup of approximately $500 for training This will result in substantial savings in staff time, increased efficiency across the Community Development and Finance Departments while supporting economic development and overall transparency in government We recommend that the City make this transition following the adoption of its new Planning and Building Fees and launch January 1, 2015 5 Transition Broadcast of City Meetings from Cable to Webcast City Council meetings are currently broadcast via local cable provider and are not available to the public "on demand" or by agenda item We recommend the City release a Request for Proposals to include the following • Installation of hardware and set up for system • Off -site monitoring of broadcast so no staff member will be required to switch Lo cameras or feed from computer > • Encoding of all meetings by Agenda item and post immediately following the LU meeting cc • Ensure that interface will work with MinuteTraq Costs for installation and upgrade of cameras and encoder will be approximately $5,000 We have identified three grants that may be used to cover this cost and, based on City Council direction, will apply on behalf of the City Once set-up is complete, monthly cost will be approximately $400-$500 6 Communications Training for Staff Following adoption of the Plan by City Council, we recommend holding bi-annual communications training sessions for key staff/department heads These sessions will provide • Overview of communications protocols • Review of collateral materials available and future needs assessment • Review of website interface and posting guidelines • Review of social media policy and utilization w We recommend that sessions be held in November and July E 7 Media Training for Elected/Appointed Officials, City Manager and Department Directors a It is critical that key messages are consistent and that elected officials, appointed Packet Pg 1 4] officials and key staff members are well prepared to discuss City programs, initiatives and plans with news media and members of the public Media training is an essential component of a communications plan Individual sessions should be held with any/all individual(s) who may have contact with the media Sessions would be held in December of 2014 and annually thereafter 8 Collateral Development As part of this Plan we have developed a suite of collateral templates that may be used by all Departments4 These include • PowerPoint Templates • News Release Templates • eBlast Templates 9 Community Outreach It is critical that City Council members, key staff and the interim Public Information a' Officer make presentations and appearances at key community groups to keep them informed regarding City programs and news A master calendar will be created to ensure at least monthly participation at one or more of the following • Grand Terrace Chamber of Commerce • Grand Terrace Lions Clubs • Friends of Blue Mountain • Grand Terrace Republican Women's Club • Grand Terrace Women's Club • The Foundation of Grand Terrace • Local Schools/Parent Teacher Associations • Sports Leagues IMPLEMENTATION Implementation of the Communications Plan will be managed by the City Manager and supported by all Departments For the first six months, staff will be assisted by Kendall Flint who will serve as the Public Information Officer for the City She will be responsible for • Development and distribution of news releases, • Set-up and initial management of the City's Social Media channels, a • Oversight of the City's website and eNewsletters, • Staff training, E • Media Training, • Monthly reporting and evaluation, and a 4 Included in Appendix A Packet Pg 105 11A • Support for all communications needs Following the six-month time period the City may choose to extend or enhance the relationship and/or transition to staff managed communications programs EVALUATION AND BENCHMARKS The success of a communications plan can and should be measured by a clearly defined series of benchmarks In this case, we propose that the City of Grand Terrace measure its plan as follows • Increase in the number and accuracy of news stories related to the City • Measurable increase in social media as defined by analytics including o Frequency of posts, o Reach of posts and o Comments/Interactions • Increase in views/access of City Council meetings a • Increase in efficiency and public perception of the entitlement/permitting process • Increase in public perception of the City as supporting transparent governance LO • Increase in overall positive perception of the City by residents, businesses and economic development interests, W SUMMARY This Communications Plan is based on a realistic allocation of fiscal and financial resources available to the City of Grand Terrace We hope this will serve as a guide for future communications efforts to assist the City in reaching its Goals and Vision Packet Pg 106 10/15/2114 AdTech Advertising System New Order Get Delete Send Quote I ALL 1. Order Details 2 Publication 3. Add/Edit Text 4 Verify & Send Details Customer Information Customer Name CITY OF GRAND TERRACE/CITY CLERK Address 22795 BARTON ROAD City GRAND TERRACE State - Zip CA - 92313 Product Information Legal GOVERNMENT - NOTICE INVITING BIDS-SB Order Information Attention Name Pat Jacquez-Nares Ad Description Ordinance No 2014-277 Summary Special Publish Saturday, 10/� Instructions 14 Orders Created Master Id 37160 Phone 9094302212 Fax 9097837629 Billing Reference No Save Sale/Hrg/Bid 10/28/2014 Date Order Newspaper Publishing Ad Price Description Price Ad No Name Dates Status Depth Pricing 2678820 GRAND TERRACE 10/23/2014 0 00" will be Ready CITY NEWS, CA Lines done 0 by DJC Ad The Ad exists as an uploaded file Click here to view file https //adtech dadyjournal com/dj/ace/customer/NewOrder/NewOrder—Verify_Order cfm?sid=8D4F7DD4-7B27-4BC5-B473-3BCF19B0244F82179050 1/2 vp I NOTICE IS HEREBY GIVEN that on October 28, 2014, the City Council of the City of Grand Terrace will consider the adoption of Ordinance 2014-277, and FURTHER NOTICE IS HEREBY GIVEN that on Tuesday, October 14, 2014 the City Council of the City of Grand Terrace by the following vote AYES Mayor Walt Stanckiewitz, Councilmember Darcy McNaboe, Councilmember Jackie Mitchell, Councilmember Sylvia Robles NOES None, introduced said Ordinance entitled ORDINANCE NO 2014-277 — AN ORDINANCE OF THE CITY OF GRAND TERRACE AMENDING VARIOUS SECTIONS OF THE GRAND TERRACE MUNICIPAL CODE MODIFYING AND REDEFINING RESPONSIBILITIES RELATED TO SEWER LATERALS The proposed ordinance amends to allow for the City to assume the responsibility and costs associated with installation, maintenance and replacement of the lower portion of sewer lateral from the property line to the main sewer line A certified copy of the full text of this ordinance is available at the office of the City Clerk, 22795 Barton Road, Grand Terrace, California 92313- 5295, during regular business hours Pat Jacquez-Nares, CMC City Clerk Published Grand Terrace City News Publish Date October tK, 2014 .:23 10/14/2014 Of Grand Terrace 10/14/2014 9 l .l.lCommunibes Served o Grand Tbirace"t,�a.p 'A 4- -B16 o m-lh(jtph!*r-, t*o V, o Highgrove .(on occasion)4ME al o San Be"rhArdiAo • Ow 44, R tzz as xi 2 10/14/2014 ARTSTIRS D%NCE INTRO TO WORD TAG - TEEN s1RT ASL D) .1CIDE 15 1IZZERCISE D GROUP B10YS1mp. TRALNING ESL KLIDER011TE\ PREP TEEN iDY1SOA1 Dow BISKEMLL CU%IC RN KITH PHONICS & LIL BUILDERS THE TRUTH '10om BEYCL%DE TOURN LNENT SIGHT WORDS LITTLESTSRS PRESCHOOL DRUGSD THELTRE BOOK CuesGIRNISHLNG MI%I MONET UKULELE BOnTRYLE Gun IR NLIL DESIGN 1OCALS C121P HOMENORh CLINIC PVIEATS NIGHT OUT CHEER LNTEpmEDLLTE EXCEL PfINO W WRITERS WORKSHOP CHILD & ME NiTERNEmTE WORD PLAYGROUPS YOGI Cuy INTRO TO COIMTER SLOT%% WORKSHOP CROCHET INTRO TO EXCEL T%E Raor DO Households Served 196 Students Served 453 AGES ;j1 05 43% 612 25% Teo—p_lsR@-Y� $6000 1317 10% Adult 21% 3 10/14/2014 N �L • Cal Skate • Dignity Memorial • County of San Bernardino • Girl Scout Troop 610 + Family Service Association • Girl Scout Troop 1310 • Farmers Insurance • MICHE Handbags • Nissan of San Bernardino • Terrace Hills Robotics Club • 991 KGGI • lazzercnse $ µ • Schools on Wheels • Grand Terrace Fire Station ! } • The Purpose Foundation �3 • Bella Tresse Salon %OKA • Habu Ewing Taekwondo Schools • David s Marketing • Riverside County Schools Workability • Children s Fund .-a Vic' 011004:i$I#, t:r N �t � j, r ?1 ee) 14J ^C Vat II Aw `s. .'t Y,O L +$121317 $15,85219 $14 639 02 013 t'a sr+er G Tota 1i wo 0 n 10/14/2014 nment with Ci Vision/Stratet o Goal 4 - Develop & Implement Successful Partnerships Work Collaboratively with Community Groups and Private and Public Sector Agencies to Facility the Delivery of Services Benefitting Youth, Seniors & Our Community. Potential Opportunities, o Implementation of existing or development of new 3 programs and services benefitting the Youth Community CM 4 1 1 o Exploration of funding opportunities in partnership with the city, pullmg on each others strengths for the benefit of the Youth & Community CD 4 2 a o Utilization of Employees & Calworks Students in potential parfriei'slups CM 44 3 . o Integration of our TAB in youth engagement grid crime prevention SD 5 3 3', A 10/14/2014 CITY OF GRAND TERRACE CITY COUNCIL MEETING REQUEST TO SPEAK FORM to 1)hUURUM AND OF UhR — PUBLIC —The City, elected by the public, must be free to discuss issues coufrontmg the City in an orderly environment Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council DATE ,'/4 NAME ADDRESS PHONE NUMBER (Please provide if information is being requested) ' 0 AGENDA ITEM NUMBER YOU WISH TO SPEAK ON SUBJECT CITY OF GRAND TERRACE CITY COUNCIL MEETING REQUEST TO SPEAK FORM DECORUM AND ORDER — PUBLIC — The City, elected by the public, must be free to discuss issues confronting the City in an orderly environment Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council DATE D(,- `Z�-- Zoky NAME D Z- N V ADDRESS PHONE NUMBER (Please provide if information is being requested) AGENDA ITEM NUMBER YOU WISH TO SPEAK ON SUBJECT �J ��'�'� 6A� Cl © gU /C S Council Chambers CITY OF GRAND TERRACE CITY COUNCIL AGENDA • OCTOBER 28, 2014 Regular Meeting Grand Terrace Civic Center • 22795 Barton Road 600PM 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 <http Hwww cityofgrandterrace orq> CALL TO ORDER &. 03 P- In Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency At this time I will convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Will Pastor Andy McRae please come forward and offer the Invocation 40(ken Pledge of Allegiance Please join 4i in leading us in the Pledge of Allegiance Roll Call Would the City Clerk please call the Roll Attendee Name Present Absent Late i Arrived ®Mayor Walt Stanckiewitz ❑ El ®Council Member Darcy McNabo e /� D ❑ ❑ Council Member Jackie Mitchell ❑ ❑ Council Member Sylvia Robles ®/ ❑ ❑ SPECIAL PRESENTATIONS There are no Presentations City of Grand Terrace Page 1 { Agenda Grand Terrace City Council October 28, 2014 CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion Do I have a motion? (.0 iO aba %0-i Do 1 have a second? 4LJ" Please vote 4-'D 1 Waived Full Reading of Ordinances on A end DEPARTMENT CITY CLERK 2 Approveo of Minutes — Regular Meeting —10/14/201 DEPARTMENT CITY CLERK Request by the Foundation of Grand Terrace for a Waiver of City Special Event and Facility Use Fees elated to the Annual Halloween Festival ECOMMENDATION aryed'_Special Event and Facility Use fees in the amount of —One —Hundred and Eighty `Dollar DEPARTMENT COMMUNITY DEVELOPMENT 4 Measure I Capital Project Needs Analysis for Fiscal Year 2015-2016 through 2019-2020 p J �VLos, RECOMMENDATIONoZ RESOLUTION NO 2014-_, dopat�efidgs &;RES�LU ION 'OF TWE CIS C(Q[UsNGIL tJF THE ClafY,® A w \Ir9u TPn n.w lfP �[�T.A TP /.T P.�MA wt£SIJ-lr6nwli w nn�n\�r+ w e-n re yr wn w'w eFw'�c+l€!ne."1Sw`nor's4 le—" V.10l�I7 l�L.'liM! Vr'1Llly Vlil•Ir'1 A!g■�lOYVl��V n ! ei\:—!d!7!A !• VYO l,lY�4CV RO:JECT NEEDS ANRIL?TSIS FOR'FI�roCAL YEAR'201i 016 THROUGH 201A9-202 DEPARTMENT COMMUNITY DEVELOPMENT (DVroapos6lrom Avery & Associates, Inc, foc Executive Recruitment Purposes ,I RECOMMENDATION '- o DEPARTMENT CITY ATTORNEY 6 City Hall Closure During the Holidays RECOMMENDATION DEPARTMENT CITY MANAGER City of Grand Terrace Page 2 r r Agenda Grand Terrace City Council October 28, 2014 7 Approval of Check Register No 09302014 RECOMMENDATION DEPARTMENT FINANCE 8 Adoption of an Ordinance Amending Responsibilities Related to Sewer Laterals RECOMMENDATION oe le 54�1 /V/ DEPARTMENT CITY MANAGER 40 is Otl 1 a4 19paA41 � l � �q j� Ce � P tcb Pm�.x PUBLIC COMMENT b,#.e\)L This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may ff , request a matter be agendized for a future meeting CITY COUNCIL COMMUNICATIONS db This is the time for City Council Communications j*V t' kot Council Me ber Jackie Mitch II Ca' L 6s SAP 4110� i-; `fa,. ice rxa�a ow Coun it Member S I Robles lot Shy soci �d 44 ���- a��y��i�- Council Member Darcy McNab e i/J�'� Mayor Walt S�Jtanc iewitz ,4�,.A /,.. /� .-.A n 00,0 A2&4- S,sa 'ac , .� f &,, S&gftbWu s t ® 1.2 - 5 i9m &ff.v,L 4-0 City of Grand Terrace Page 3 Agenda Grand Terrace City Council October 28, 2014 PUBLIC HEARINGS To speak on Public Hearing Items, please fill out a Request to Speak Form and give it to the City Clerk Each person will be allowed 3 minutes to address the City Council If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you, or someone else, raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing All Public Hearings will be conducted following this format a) Public Hearing opened b) Written communication ru&� c) City Council questions/staff comments d) Applicant's comments (applicant not limited to 3 minutes) e) Oral - favor and opposition (speakers limited to 3 minutes) f) Applicant's rebuttal (applicant not limited to 3 minutes) g) Public Hearing closed h) City Council deliberation Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Expansion or Establishment of Tobacco and Electronic Cigarette Retail Businesses, Smoke Shops and Vapor Lounges RECOMMENDATION 1If-�-l3 DEPARTMENT COMMUNITY DEVELOPMENT Mayor to declare the Public Hearing Open 1p - f� May we have the Staff Report Sa4-d� Are there any Written Communications? Are there any City Council Questions or Staff Comments? At this time we will take comments from the public Please note comments are limited to 3 minutes There being no further public comments, the Applicant is allowed time for Rebuttal Does the Applicant have any further comment on this item? City of Grand Terrace Page 4 Agenda Grand Terrace City Council October 28, 2014 The Public Hearing is now closed U' .2 Are there any further Council Comments before Deliberation? Do I have a motion? 0-KO" Do I have a second? Wk4V-t Please vote Y—O UNFINISHED BUSINESS V- There are no items of Unfinished Business NEW BUSINESS 10 Amend Chapter 8 04, Title 8 of the Grand Terrace Municipal Code, for Purposes of Adoption of San Bernardino County Code of Ordinances for Fire Hazard Abatement Services RECOMMENDATION INTRODUCED BY TITLE ONLY, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRANT TERRACE CALIFORNIA, AMENDING CHAPTER 8 04 (NUISANCE ABATEMENT) TITLE 8 (HEALTI AND SAFETY), OF THE CITY OF GRAND TERRACE MUNICIPAL CODE, WITH THE ADDITION O SECTION 8 04 200 ADOPTING CHAPTER 3 (ABATEMENT OF FIRE HAZARDS AND HAZARDOU TREES) SECTIONS 23 0301 THROUGH 23 0319 INCLUSIVE OF THE SAN BERNARDINO COUNT CODE OF ORDINANCES BY REFERENCE AND SECTION 8 04 0210 ADOPTING THE PROCEDUR' PROVISIONS FOUND IN CHAPTER 2 (VIOLATIONS AND ENFORCEMENT), SECTIONS 11 020 THROUGH 11 0212 INCLUSIVE OF THE SAN BERNARDINO COUNTY CODE OF ORDINANCES 9 REFERENCE WITH THE EXCEPTION OF THOSE SECTIONS RELATED TO PENALITES WHICH AR. SET OUT IN FULL HEREIN, IN ORDER TO PROVIDE FOR AN ALTERNATIVE FORM OF FIR HAZARD ABATEMENT FOR THE CITY OF GRAND TERRACE DEPARTMENT COMMUNITY DEVELOPMENT May we have a staff report please? 5at&ec,� Are there any Public Speakers? Council Discussion Do I have a motion? 01121 �J )q7&6 Do I have a second? RB Please vote 11 Proposed 2030 Vision Communications Plan RECOMMENDATION roved proposed 2030 Vision Communications Pla DEPARTMENT CITY MANAGER City of Grand Terrace Page 5 ,7 Agenda Grand Terrace City Council October 28, 2014 May we have a staff report please? WLo 4- Are there any Public Speakers? Wowc— Council Discussion Do I have a motion? or- 6� yKg-,�t& Do I have a second? Please vote CITY MANAGER COMMUNICATIONS 7 ' 16A � ... .,, Interim City Manager Henderso o you have any comments V-e- 40&'VC l+a44&UF- a �" CLOSED SESSION of P m At this time we will recess to Closed Session to consider the following I 12 Conference with Labor Negotiator, pursuant to Government Code Section 54957 6 Agency Representative Richard L Adams II, City Attorney, Unrepresented Employee Interim City Manager 13 Public Employment, pursuant to Government Code Section 54957(b)(1) Title City Manager RECONVENE TO OPEN SESSION q : 5DP rY1. At this time we will reconvene to Open Session yyyayU (Mayor report any actions from the closed session) ADJOURN `1 5 -?— p ,M The Next Regular City Council Meeting will be held on Wednesday, November 1�2014 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 City of Grand Terrace Page 6 OCT-31-2014 09 49 FROM LA PASTA ITALIA 9097836555 TO 7837629 P 1/1 CITY OF GRAND TERRACE COUNTRY FAIR - OCTOBER 25, 2014 COOKING CONTEST WINNERS CRMI I ST - RICHARD LODpA 2ND - DENNIS ROSHNKLLD SALSA 1ST -SUE BAILEY (RED) 2ND - SUB BAILEY (GREEN) CAMS 1 sT - LYWA KOGERS -LEMON CAKE 2N" . TIF . DAWN TRFY . rUPCAKHS 2ND - TfS - IOYCE BAILEY - CRANBERRY ALMOND PUMPKIN UPSIDE DOWN CAKE PIES I"i - JOYCE IXSTER - CROC PECAN BACON PIE 2ND -'TTS - LYDIA ROGBRS - APPLE PIE 20 - TIE - 1308BY ROBLES - PUMPKIN PIE COMES 1" - TIE - DAWN TREY - CHOC AN DES MINT COOKIES I Sr - TIE - SUSAN BAILEY - RASPBERRY CINNAMON SUGAR ROLI, UPS 2ND . SUSAN BAILEY - ORANGE SLICE COOKIES BREADS 1ST - MARINA ROJAS (ONLY ENTRY) i Aj J J J04 _ I -j-l-- -IYL(91 r?` I- f 4 Py 1 % a) I Al / �iGt t cat / V � f-fC MR 4 C-6-k �� dL--C� -Z-CA-W I u / , A 9- (4" o14 d ` 11(.c:�� Cam: Pat Jacquez-Nares From Ken Henderson Sent Tuesday, October 28, 201412 06 PM To Group -Council Cc Cynthia Fortune, Emily Wong, Kendall Flint, Linda Phillips, Pat Jacquez-Nares, SANDRA MOLINA Subject Re Packet related questions Good afternoon, Darcy, The responses to your questions are set forth below 1 Measure I Capital Needs Analysis The use of Measure I funds would not include storm drain improvements Such funds can only be used for transportation improvements and traffic management plans The Capital Project Needs Analysis (CPNA) shows funding for final design and environmental clearance work Both of these activities must be completed and approved before actual construction work can begin While the funding for this work must occur, necessarily, on segmented/funds available basis (5-year estimated timeframe), there are general prohibitions against segmenting or implementing public works projects on a piecemeal basis Among other things, including adherence to applicable purchasing, prevailing wage and related rules, implementing a project on a piecemeal basis, if it were possible, would almost certainly result in a more expensive project than if all the work was done at one time 2 Communications Plan Implementation The updated website is anticipated to launch in a week or two There are some coding issues requiring resolution to ensure the update works seamlessly with Minutetraq, our electronic agenda production and distribution program As to your question regarding the simultaneous broadcasting of Council meetings via webcasting, and through cable, this may be possible, but would double the cost according to Flint Strategies Flint will be looking into this further to ensure we have all appropriate information but, from experience, webcasting, virtually, always results in a higher view rate than cable Should you have additional questions, or require clarification, please do not hesitate to contact me Ken Kenneth J Henderson Interim City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313-5295 (909)430-2240 khendersongeityo grandterrace org >>> Darcy McNaboe 10/27/2014 2 31 PM >>> Hi Ken, Here are my questions Packet Pg 15 - The Measure I Capital Project needs analysis The proposal is to use the Measure I funds for the Michigan improvement project Will this encompass the storm drain portion of the project as we119 Will we be waiting the five years to begin the project or is there a way to segment the project9 Last item - Communication Plan related Do we have a tentative date when the websrte update will go hve9 Is there a way to continue show the council meeting on cable in addition to streaming on the website9 There are residents who watch on cable, not sure if all have access to seeing it on the mternet Regards, Darcy