04/14/2020CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● APRIL 14, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
PUBLIC ADVISORY: THE CITY COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for April 14, 2020 will be conducted telephonically through Zoom and broadcast live on the City’s website. Please
be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chamber will not be open for the meeting. Some Members of Council will be participating remotely and will not be physically present in the Council Chamber.
If you would like to speak on an agenda item, you can access the meeting by dialing the
phone number listed below and you will be placed in the waiting room, muted until it is your turn to speak:
*67 1-669-900-9128 Enter Meeting ID: 135 501 140 Password: 023849
NOTE: Your phone number will appear on the screen unless you first dial *67 before dialing the numbers as shown above.
The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written
comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 364-2621 by 5:00 p.m.
If you wish to have your comments read to the Council Members during the appropriate Public Comment period, please indicate on in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you
want read to the Council will be subject to the three minute time limitation (approximately 350 words).
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council meeting, please contact the City Clerk’s Office, (909) 824-6621 within 48 hours of the meeting.
The City of Grand Terrace thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
Agenda Grand Terrace City Council April 14, 2020
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council, City Council as the Successor Agency to the Community Redevelopment Agency and Housing Authority.
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Bill Hussey
Council Member Jeff Allen
A. SPECIAL PRESENTATIONS - NONE
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
C. 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.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 03/24/2020
DEPARTMENT: CITY CLERK
3. Attachment to Regular Meeting Minutes of March 24, 2020
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council April 14, 2020
City of Grand Terrace Page 3
4. Approve Proclamations Requested by San Bernardino County Children’s Network, Donate Life California and the Inland Empire Prayer Breakfast
RECOMMENDATION:
Approve the Proclamation Requests from the San Bernardino County Children’s
Network, Donate Life California and the Inland Empire Prayer Breakfast.
DEPARTMENT: CITY CLERK
D. 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.
E. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. NEW BUSINESS
5. Ordinance Amending Titles 4, 5, 6, 8, 10, 12, and 13 of the Grand Terrace Municipal
Code to Authorize the Adoption of Certain Fees and Deposits by Resolution
RECOMMENDATION: Introduce, Waive Reading of, Direct the City Attorney to read by title only the Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
Agenda Grand Terrace City Council April 14, 2020
City of Grand Terrace Page 4
TERRACE, CALIFORNIA AMENDING SECTIONS IN TITLES 4, 5, 6, 8, 10, 12, AND 13 OF THE GRAND TERRACE MUNICIPAL CODE TO AUTHORIZE THE CITY COUNCIL TO ADOPT CERTAIN FEES AND DEPOSITS BY RESOLUTION”
DEPARTMENT: FINANCE
6. Approval of an Agreement With the County of San Bernardino for the Implementation and Operation of Biometric Identification Systems (CAL-ID) and DNA Services for the Period of July 1, 2020 to June 30, 2030
RECOMMENDATION:
Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AUTHORIZING THE APPROVAL OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND OPERATION OF BIOMETRIC IDENTIFICATION SYSTEMS (CAL-ID) AND DNA
SERVICES FOR THE PERIOD OF JULY 1, 2020 TO JUNE 30, 2030.
DEPARTMENT: FINANCE
7. Update for the I-215/Barton Road Interchange Project
RECOMMENDATION: 1) Receive and File the update.
DEPARTMENT: PUBLIC WORKS
8. COVID-19 Update and Impacts of Local Emergency
RECOMMENDATION: Receive and File.
DEPARTMENT: CITY MANAGER
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
J. CITY MANAGER COMMUNICATIONS
Agenda Grand Terrace City Council April 14, 2020
City of Grand Terrace Page 5
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8
Properties: 22317 Barton Road, APN 1167-231-01 22273 Barton Road, APN 1167-231-02 22293 Barton Road, APN 1167-311-01 City Negotiators: G. Harold Duffey, City Manager
Adrian Guerra, City Attorney
Negotiating parties: Greens Group, Inc. Under negotiation: Price and terms of payment
2. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency Designated
Representatives: G. Harold Duffey, City Manager Adrian R. Guerra, City Attorney Colin Tanner, Deputy City Attorney Employee Organization: Teamsters Local 1932
Unrepresented Employees: City Manager, Assistant City Manager, City
Clerk, Director of Public Works, Director of Planning & Development Services, Management Analyst, (Two Positions), Assistant Planner
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 28, 2020 at 6:00
PM. Any request to have an item placed on a future agenda must be made in writing
and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● MARCH 24, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, March 24, 2020 at 6:00 p.m.
INVOCATION
None.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Darcy McNaboe.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Remote
Sylvia Robles Council Member Remote
Bill Hussey Council Member Present
Jeff Allen Council Member Remote
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Alan French Public Works Director Remote
Steven Weiss Planning & Development Services Director Remote
Cynthia A. Fortune Assistant City Manager Remote
A. SPECIAL PRESENTATIONS - NONE
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
G. Harold Duffey, City Manager announced that Agenda Item H.5 is being removed from the agenda.
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Minutes Grand Terrace City Council March 24, 2020
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 03/10/2020
3. Attachment to Regular Meeting Minutes - March 10, 2020
D. PUBLIC COMMENT
None.
E. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Jeff Allen extended his appreciation to everyone who is following the Governor’s stay at home order. If our residents need anything, please reach out to the City.
Council Member Bill Hussey
Council Member Bill Hussey extended his appreciation to all of the local businesses in the community that are able to stay open and provide the supply chain to the City’s residents. He also wanted to extend his prayers to everyone in the City of Grand Terrace.
Council Member Sylvia Robles
Council Member Sylvia Robles extends her prayers and best wishes to everyone. She also wanted to extend her condolences to the family of Rosie Aldaco who unfortunately have not been able to hold her funeral.
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson wanted to thank all of those medical staff and grocery workers putting themselves out there serving the needs of the community. He has faith everyone will get through this together.
Mayor Darcy McNaboe
Mayor Darcy McNaboe echoed the sentiments of her colleagues and wanted to thank
staff for working not only their regular hours but overtime to keep the City running. She is pleased to see families walking throughout the community and neighbors reaching out to neighbors helping where they can.
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Minutes Grand Terrace City Council March 24, 2020
City of Grand Terrace Page 3
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. NEW BUSINESS
4. Proclamation of Existence of a Local Emergency
G. Harold Duffey, City Manager gave the Power Point presentation for this item.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING, DECLARING AND PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO COVID-19
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
5. Acceptance of Donation from the Grand Terrace Senior Social Club and Establishment of Endowment Fund to Benefit Senior Center's Programs and Activities
G. Harold Duffey, City Manager pulled this item from the agenda.
RESULT: NOT DISCUSSED
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
J. CITY MANAGER COMMUNICATIONS
None.
K. CLOSED SESSION - NONE
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Minutes Grand Terrace City Council March 24, 2020
City of Grand Terrace Page 4
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 6:30 p.m. The Next Regular City Council Meeting will be held on Tuesday, April 14, 2020 at 6:00 p.m.
_________________________________ Darcy McNaboe, Mayor
_________________________________ Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● MARCH 24, 2020
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
March 24, 2020
City Council Minutes
PowerPoint Presentations
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Declaring and
Proclaiming a Local
Emergency in
Response to COVID-19
On March 18, 2020, the City Manager, in his
capacity as Director of Emergency Services,
proclaimed an emergency in accordance with
California Government Code Section 8630 and
Grand Terrace Municipal Code Section 2.28.060.
.
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The emergency proclamation is based on conditions
of extreme peril to the safety of persons and
property within the City as a consequence of the
global spread of a severe acute respiratory illness
caused by a novel (new) coronavirus (“COVID-19).
March 4, 2020 California
Governor Declares State of
Emergency
March 18, 2020 City Manager
issued Proclamation of a Local
Emergency for ratification by City
Council on March 24, 2020.
March 13, 2020 President
Donald J. Trump Declared
National Emergency
March 10, 2020 County of San
Bernardino Declared County
Emergency
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Approval of Proclamation will allow the
Director of Emergency Services(City
Manger) issue rules and regulations on
matters reasonably related to:
The Proclamation will remain in effect until City
Council takes legislative action to withdraw
Proclamation of Local Emergency.
Proclamation will enhance City’s ability to
mobilize local resources, coordinate with
interagency response, mutual aid and seek
reimbursements
Protection of life and property as affected
by such local emergency and;
City’s Response
to Coronavirus (COVID‐19)
Develop Information to Keep
Public Informed
Daily contact with our First Responders –
County of San Bernardino Fire Department County
of San Bernardino Sheriff’s Department
Operational Area Emergency Operations Center
Work with Local Experts
County Public Health Officer
County of San Bernardino
California Office of Emergency Services
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tinyurl.com/COVID19‐92313
tinyurl.com/COVID19‐92313
https://www.grandterrace‐
ca.gov/cms/One.aspx?portalId=12337339&pageId=16540998
County Public Health
Officer Information
Center or Disease Control
(CDC)
Information Video’s
Resources for Vulnerable
Population
Dynamic Information‐
Updated on Regular Basis
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Impacts to Our Operations
10
Closing of City Parks
Until April 4, 2020
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Programs Impacted
Closures Engagement
Schedule modified Lobby Closed
12
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Staff Impacts
We have activated the Citizens
Emergency Response Team (CERT)
All Employees are Disaster Relief
Employees and Can be Mobilized
Determining Essential Employees
Utilizing AM 1640 Radio
Channel 3
Internet/Facebook
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Questions
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AGENDA REPORT
MEETING DATE: April 14, 2020 Council Item
TITLE: Approve Proclamations Requested by San Bernardino County Children’s Network, Donate Life California and the
Inland Empire Prayer Breakfast
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Approve the Proclamation Requests from the San Bernardino County Children’s Network, Donate Life California and the Inland Empire Prayer Breakfast.
2030 VISION STATEMENT: This staff report supports Goal #4, Development and Implement Successful
Partnerships. BACKGROUND: On May 9, 2017, the City Council established guidelines for recognition of individuals,
groups, and events of significance to the Grand Terrace community by the issuance of Certificates, Recognitions, Acknowledgements, Commendations, Pins and Proclamations. Proclamations are an official decree by the City Council and will be presented to
organizations, dignitaries, members of the Council, and Boards/Commissions, commemorating a special date or event. Proclamations require City Council approval and are signed by the City Council. DISCUSSION:
The City of Grand Terrace has received three (3) proclamation requests from three (3) different organizations. Those organizations are: 1. San Bernardino County Children’s Network – Child Abuse Prevention Month
2. Donate Life California - Donate Life Month 3. 2020 Inland Empire Prayer Breakfast – National Day of Prayer Normally these proclamations would be placed under presentations and each organization would receive its proclamation personally; however with the new
restrictions put in place based on Executive Order N-29-20 due to COVID-19, no member of the public will be allowed in the Council Chamber. Therefore, these proclamations have been placed on consent for your approval and each of these organizations have been briefed on this change and have asked that the proclamations
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be mailed to each organization. FISCAL IMPACT:
None.
ATTACHMENTS:
• Proclamations - April 2020 (PDF)
APPROVALS:
Debra Thomas Completed 04/07/2020 11:14 AM
City Attorney Completed 04/07/2020 12:56 PM
Finance Completed 04/07/2020 5:47 PM
City Manager Completed 04/08/2020 4:48 PM
City Council Pending 04/14/2020 6:00 PM
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AGENDA REPORT
MEETING DATE: April 14, 2020
TITLE: Ordinance Amending Titles 4, 5, 6, 8, 10, 12, and 13 of the Grand Terrace Municipal Code to Authorize the Adoption of
Certain Fees and Deposits by Resolution
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Introduce, Waive Reading of, Direct the City Attorney to read by title only the Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA AMENDING SECTIONS IN TITLES 4, 5, 6, 8, 10, 12, AND 13 OF THE GRAND TERRACE MUNICIPAL CODE TO AUTHORIZE THE CITY COUNCIL TO ADOPT CERTAIN FEES AND DEPOSITS BY RESOLUTION”
2030 VISION STATEMENT: This staff report supports Goal #1 "Ensuring Our Fiscal Viability", and, specifically, the action item “Ensure Appropriate Cost Recovery for Services.”
BACKGROUND: California State Law establishes that the legislative body of any county or city may
establish reasonable fees for the processing of permits and regulatory activities, but the fees shall not exceed the amount reasonably required to administer the processing of such permits and the regulatory activities. Grand Terrace Municipal Code Titles 4, 5, 8, 10, 12, and 13 set forth the specific fee
amounts that the City may charge for the City’s various permits, licenses, services, facilities use and activities for the City.
The Municipal Code currently requires that any changes, revisions, or updates for these fee amounts have to be established through the ordinance, and, consequently, may
only be revised by ordinance. This report is a result of the City Council’s Top Priority Projects List (Fee Study) identified at the June 12, 2019 Priority Workshops.
DISCUSSION: The attached proposed Ordinance amends Titles 4, 5, 8, 10, 12, and 13 of the Grand
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Terrace Municipal Code to allow the setting of the fees and deposits found therein by resolution of the City Council. In summary, it modifies the code by replacing specific fee and deposit amounts with language stating that the fees and deposits are to be
established by City Council resolution. Additionally, this Ordinance only changes the
manner in which the City adopts and updates certain identified fees and deposits in the manner specified and does not repeal or otherwise rescind any previously adopted fees and deposits and does not create new or increase any fees or deposits. Adoption of any new or increased fees and deposits must still comply with applicable requirements of
State law. Based upon the foregoing, this proposed Ordinance is necessary for internal
consistency, to remove conflicting provisions, and to clearly allow the updating of fees by Council resolution in order to better and more quickly response to changes in the City’s costs.
ORDINANCES
Currently, fee amounts are established by an ordinance and set forth in the Municipal Code. An Ordinance is generally used to designate a local law of a municipal corporation, enacted by its legislative body or city council that prescribe general,
uniform, and permanent rules of conduct. An Ordinance is a legislative act that
prescribes some permanent rule of conduct to continue in force until the ordinance is repealed (ex. the City’s street and building codes are designated by ordinance). The City’s ordinance adoption procedures include:
1. California Government Code § 36931 which provides the enacting clause of City ordinances. 2. California Government Code § 36934 which allows for the reading of the title, waiving of the full reading of the ordinance, adopted by the majority vote of City
Council.
3. A proposed ordinance goes through a first reading and is its title is publicly read, establishing the local law. 4. Once the City Council has conducted the first reading, a second reading is required, usually, at the following Council meeting. The ordinance is normally
adopted at its second reading and must be adopted at a regular City Council
meeting. 5. After City Council adoption of the ordinance, it goes into effect on the 31st day following adoption.
RESOLUTIONS
As a general rule, a Resolution is used to approve administrative actions and not legislative (ordinances usually establish law). Once a resolution is approved by the municipality’s legislative body, it is effective immediately.
The establishment of fees are administrative in nature and more often subject to change in order to effectively allow the City to recover its costs for services provided.
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Staff is proposing that Titles 4, 5, 8, 10, 12, and 13 of the Grand Terrace Municipal Code be amended so that the fee and deposit amounts in those titles can be adjusted
by resolution. The City’s list of fees and deposits, including any adjustments, will be
submitted annually to the City Council for review and approval prior to the start of each fiscal year, along with the City’s proposed budget. This will provide City Council the ability to review the complete fee schedule and make changes as necessary by resolution rather than through an ordinance anytime a particular fee needs to be
adjusted.
STAFF RECOMMENDATION
The City Council is therefore asking to introduce and conduct first reading, by title only,
the proposed ordinance amending Titles 4, 5, 8, 10, 12, and 13 of the Grand Terrace Municipal Code. If the City Council adopts staff’s recommendation, then the proposed Ordinance will be brought back to the City Council for second reading and final adoption. Staff will also bring a resolution reaffirming the current fee and deposit
amounts currently established in the Municipal Code. No fees are proposed to be
revised or adjusted at this time. Rather, prior to the start of each fiscal year, staff will submit the City’s comprehensive fee schedule to City Council for approval highlighting any fees that are proposed for
adjustment and justification for such adjustment. This will allow City Council to review all
current fees annually and adopt adjustments as necessary. FISCAL IMPACT:
While adoption of the Ordinance would not impact the General Fund, moving the adoption of fees by Resolution will allow staff to make recommendations based on actual costs incurred and provide City Council the ability to approve these fees during the normal budgetary process, ensuring full cost recovery of City services. No fees are
proposed to be revised or adjusted at this time.
ATTACHMENTS:
• Ordinance on Fee Code Revision (DOC)
APPROVALS:
Cynthia A. Fortune Completed 04/08/2020 5:32 PM
Finance Completed 04/08/2020 5:32 PM
Public Works Completed 04/08/2020 5:40 PM
Planning & Development Services Completed 04/08/2020 5:46 PM
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City Attorney Completed 04/08/2020 5:50 PM
City Manager Completed 04/08/2020 6:03 PM
City Council Pending 04/14/2020 6:00 PM
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01247.0007/631167.10 Ordinance No. ___ Page 1 of 15 _____, 2020
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING SECTIONS IN TITLES 4, 5, 6, 8,
10, 12, AND 13 OF THE GRAND TERRACE MUNICIPAL CODE TO AUTHORIZE THE CITY COUNCIL TO ADOPT CERTAIN FEES AND DEPOSITS BY RESOLUTION
WHEREAS, Article XI, section 7 of the California Constitution provides cities with broad police power to make and enforce within its limits all local, police, sanitary, and
other ordinances and regulations not in conflict with general laws.
WHEREAS, this broad police power includes the ability to impose administrative fees for business regulations and provision of public services to reimburse the City’s costs of providing such regulations and services (“Fees”).
WHEREAS, the Grand Terrace Municipal Code specifies the dollar amount for
certain Fees and related deposits.
WHEREAS, given the regularity of changes in the City’s costs in providing regulation and services pursuant to the Grand Terrace Municipal Code, the City desires to permit amendment of the Fees by City Council resolution, which will allow the City greater procedural flexibility to respond to changes and increases in the City’s costs.
WHEREAS, this Ordinance only changes the manner in which the City adopts
and updates certain identified fees and deposits in the manner specified, and does not repeal or otherwise rescind any previously adopted fees and deposits and does not create new or increase any fees or deposits. Adoption of any new or increased fees and deposits must still comply with applicable requirements of State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and are incorporated herein as findings of the City Council.
SECTION 2. Section 4.08.060 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
“4.08.060 – Duplicate license fees set by resolution. Each person seeking a duplicate of a previously issued license shall pay a duplicate license fee as set by resolution of the City Council.”
SECTION 3. Section 4.08.070 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
“4.08.070 – Amended licenses. Each person seeking to have their
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01247.0007/631167.10 Ordinance No. Page 2 of 15 ______, 2020
business license amended to conduct business at a new location shall pay a fee set by resolution of the City Council.”
SECTION 4. Section 4.12.010(A) of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“Fees set by resolution. Fees which must accompany applications for a business license shall be set by resolution of the City Council. An additional fee may be required whenever a background investigation requires access to certain records. Said additional fees shall also be set
by resolution of the City Council.“
SECTION 5. Section 4.16.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Fees set by resolution. All fees for animal-related services and regulations pursuant to Title 6 shall be set by resolution of the City
Council, including, but not limited to, license fees for animals and animal-
related services.”
SECTION 6. Section 4.24.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Service fee imposed by resolution. There shall be a service fee as set by
resolution of the City Council, based on police or fire staff time, assessed
against the alarm user when a police or fire response occurs as a result of a third or subsequent false alarm from an alarm system at the same address or location within any six consecutive calendar month period.”
SECTION 7. Section 4.48.020 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
“Fees set by resolution. The permit and inspection fees for street excavations shall be set by resolution of the City Council.”
SECTION 8. Section 4.48.030 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Cash deposits. Before an excavation permit is issued, the applicant shall
deposit with the city finance department a cash deposit in the amount to be determined by the city engineer to secure proper repairs of the street cut. The minimum amount of such deposit shall be set by resolution of the City Council. Such deposit shall be refunded to the permittee upon request
twenty-four months after completion and acceptance of the project.”
SECTION 9. Section 4.52.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
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01247.0007/631167.10 Ordinance No. Page 3 of 15 ______, 2020
“Fee designated. The fee for moving permits per Chapter 12.20 of this code shall be set by resolution of the City Council.”
SECTION 10. Section 4.68.020 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“4.68.020 – Acquisition charge.
A. Property of any kind within the city limits shall be charged, in addition to other charges as established, a sewer acquisition charge. This charge shall be set by resolution of the City Council.
B. All Class I users proposing to connect to or contribute to the POTW
shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. Users required to obtain a permit shall complete and file with the city engineer an application in a form prescribed by him or her and submit the required filing fee. The base
service fee for acquisition of sewer services shall be set by resolution of
the City Council. Class I users shall apply at least ninety days prior to connecting to or contributing to the POTW.
C. The acquisition charge shall be due and payable prior to the issuance of a building permit. No sewer facilities shall be furnished or connection
made unless such charge is paid.”
SECTION 11. Section 4.72.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Sewer user charges established by resolution. Sewer user charges are set by resolution of the City Council.”
SECTION 12. Section 4.72.020 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“4.72.020 – Billing—Delinquency.
A. Sewer service charges shall be billed on a bimonthly basis in advance of service. All such charges will be due and payable on the date of such
billing and shall become delinquent thirty days thereafter.
B. A collection fee as set by resolution of the City Council shall be charged to a delinquent sewer user for each preceding billing of sewer service charges which has not been paid.”
SECTION 13. Section 4.78.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“Fees for fire safety services established by resolution. Fire service fees
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01247.0007/631167.10 Ordinance No. Page 4 of 15 ______, 2020
as set by resolution of the City Council shall be paid to the Fire Chief.”
SECTION 14. Section 4.84.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Engineering fees established by resolution. Engineering fees shall be
established by resolution of the City Council.”
SECTION 15. Section 4.92.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Public document fees set by resolution. Fees to recover costs of
providing copies of public records shall be set by resolution of the City
Council.”
SECTION 16. Section 4.96.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“4.96.010 – Fees and deposits—Civic center.
A. A minimum rental of two hours is required on all facilities. Any
exceptions must be approved in writing by the Community Services Director.
B. The City may require licensed security officers for additional supervision on any reservation. These officers will be hired by the City and
all related fees to be paid in addition to the other charges for the use of the
facility by the permittee. For each one to 100 guests, one security guard required.
C. Group must appear within 15 minutes of beginning time specified or permit will be canceled and all fees forfeited.
D. In order to reserve a facility, all deposits must be paid at the time of
application. All fees must be paid prior to five working days before the scheduled event/reservation. Special arrangements for payment of fees must be approved by the finance director and must be paid by cash or cashier’s check.
E. Deposits are refundable only if facilities are left in a clean and orderly
manner and no damage has occurred. A minimum fee as set by resolution of the City Council shall be charged and deducted from deposit, if any part of the facility needs to be cleaned by staff. Charges for damages or stolen equipment will be based on costs of materials, staff time and an
administrative fee as set by resolution of the City Council.
F. If a group goes beyond any scheduled ending time, an overtime fee will be charged and deducted from the deposit at a rate set by resolution of
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01247.0007/631167.10 Ordinance No. Page 5 of 15 ______, 2020
the City Council.
G. If any additional fees are in excess of deposit then permittee will be held liable for additional costs and be billed for the amount exceeding the
deposit.
H. Fee schedule set by resolution. Fees for use of City facilities shall be set by resolution of the City Council.”
SECTION 17. Section 4.100.010 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“4.100.010 – Other fees set by resolution. Other fees not codified
elsewhere in this Title shall be set by resolution of the City Council.”
SECTION 18. Section 4.104.060 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Use of traffic signal improvement fees. A special traffic signal
improvement fee account is established and all fees shall be deposited
therein. Traffic signal improvement fees shall be set by resolution of the City Council. All revenues raised by the imposition of this fee shall be applied to the design and construction of traffic signals and supporting infrastructure at the locations identified on Table A at the end of this
Chapter.”
SECTION 19. Section 4.104.070 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Use of arterial improvement fees. A special arterial improvement fee account is established and all fees shall be deposited therein. Arterial
improvement fees shall be set by resolution of the City Council. All
revenues raised by the imposition of this fee shall be applied to the design and construction of traffic signals and supporting infrastructure at the locations identified on Table B at the end of this Chapter.”
SECTION 20. Section 4.104.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“Operational improvement fees. A special operational improvement fee account is established and all fees collected shall be deposited therein. Operational improvement fees shall be set by resolution of the City Council. All revenues raised by the imposition of this fee shall be applied
to the design and construction of operational improvements in
conformance with the City's General Plan at the locations identified on Table C at the end of this Chapter.”
SECTION 21. Section 4.108.010 of the Grand Terrace Municipal Code is
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01247.0007/631167.10 Ordinance No. Page 6 of 15 ______, 2020
amended in its entirety to read as follows:
“Rental inspection fees set by resolution. Rental inspection fees shall be set by resolution of the City Council.”
SECTION 22. Section 5.28.030 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“5.28.030 – Application and license fees.
A. An application fee as set by resolution of the City Council shall be paid
upon the filing of each application for a license, for the purpose of
defraying the expenses incidental to the processing of the application. The application fee shall be in addition to the license fee.
B. A license fee shall be paid as provided in Chapter 5.04.”
SECTION 23. Section 5.36.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“5.36.030 – Application for permit.
A. Any person required by this chapter to have a permit shall submit a written application to the city clerk. A fee as set by resolution of the City Council shall be charged to cover the costs incurred by the city for
processing the application and is in addition to the business license tax.
The application shall contain:
1. The name and address of the person proposing to operate the business.
2. The method and means used to arrive at these fortunetelling
predictions.
3. The proposed location.
4. The operating hours.
B. At the time of filing the applicant shall also furnish to the city clerk written statements of at least three bona fide residents, who have been
residents in the city no less than three years, that the applicant is of good
moral character.”
SECTION 24. Section 5.44.030 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
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01247.0007/631167.10 Ordinance No. Page 7 of 15 ______, 2020
“5.44.030 – Application and investigation.
A. Application for licenses under this chapter shall be made in writing and filed with the city clerk. Each application shall be accompanied by a fee as
set by resolution by the City Council. The fee shall be credited as part of
the first annual license fee. The application shall contain the name of the applicant, the person's interest in the business, his business address, or if the applicant is an itinerant dealer, his residence address.
B. The application shall be immediately referred to the planning
department, the building and safety department, and to the chief of police
for investigation concerning the applicant's business and character of the applicant. The planning department, building and safety department and the chief of police shall make reports of their findings, together with a recommendation as to whether or not the applicant shall be granted a
license, to the city council within ten days after the application was
referred to them.”
SECTION 25. Section 5.48.050 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“5.48.050 – Application for license.
A. Any person desiring to obtain a license to operate a massage parlor or engage in massage technician services shall make written application to the city clerk, who shall refer all such applications to the chief of police for an appropriate investigation.
B. Each application for a massage parlor license shall be accompanied by
a nonrefundable investigative fee as set by resolution of the City Council. Each application for a massage technician license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council.
C. An applicant for a license under this chapter shall submit the following
information:
1. Full name and any alias theretofore used or currently used and current address;
2. Fingerprints as may be required by the chief of police;
3. The two previous business and residence addresses of the
applicant immediately prior to the current address;
4. Written proof that the applicant is over the age of eighteen years;
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01247.0007/631167.10 Ordinance No. Page 8 of 15 ______, 2020
5. Applicant's height, weight and color of eyes and hair;
6. Two current photographs at least two inches by two inches in size;
7. The business, occupation or employment of the applicant for
three years immediately preceding the date of the application and the location where the licensed activities will be conducted;
8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or
another area, has had his or her license revoked or suspended, the
reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;
9. All convictions and the grounds therefor;
10. A certificate from the environmental health officer designating
that the applicant has, within thirty days immediately prior thereto,
been examined and found to be free of any contagious or communicable disease;
11. Applicants for a massage technician license must in addition to the requirements set out above in this section, furnish a diploma or
certificate of graduation from a recognized school or other
institution of learning as defined in this chapter. The chief of police shall determine whether this educational requirement has been met.”
SECTION 26. Section 5.64.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“5.64.030 – Application for license. Any person required by this chapter to have a license shall submit a written application in duplicate together with a fee as set by resolution by the City Council to the city clerk. The payment shall be accepted only in cash, certified check or money order.
The application shall be verified and shall contain the following
information:
A. The name, address and telephone number of the applicant;
B. The supplier of the goods to be sold;
C. The place and date of any court judgment rendered against the
applicant as a sex offender or as a defendant guilty of a criminal battery,
fraud, burglary or theft;
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D. A copy of the state sales tax permit (California Revenue and Taxation Code Section 6066) for the applicant's activities attached to the application;
E. A description of every type of merchandise or service that the applicant
proposes to hawk, peddle or solicit;
F. A designation of the location or locations at which place or places the applicant proposes to hawk, peddle or solicit and the dates and time of the same.”
SECTION 27. Section 5.64.070 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“5.64.070 – Fees. Any person required by this chapter to have a license shall pay to the finance department a sum determined by resolution as provided in Chapter 5.04 of this code. Such payment shall be made in
advance, and only by cash, certified check or money order. Upon
presentation to the finance department of a receipt from the city clerk for the application fee, in an amount set by resolution of the City Council, the applicant shall receive credit therefor on his payment.”
SECTION 28. Section 5.64.110 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“Religious, scientific and charitable organizations. Whenever any person intends to peddle or solicit or hawk goods, wares, services or merchandise for the purpose of raising funds for a recognized religious, scientific or charitable organization, or solicit charitable donations, the applicant may
apply to the city council for a license to be issued without payment of the
license fee. If satisfied that the funds will be used for the purposes mentioned in this section, the council shall order the issuance of a license for the peddling for a term fixed by the council. The application fee shall be set by resolution of City Council.”
SECTION 29. Section 5.64.120 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“5.64.120 – Elderly, young, disabled, or blind persons.
A. Whenever any person who is over fifty-five years of age or is under eighteen years of age, or is physically disabled, or is blind, applies for a
license as provided in Section 5.64.030, such person shall pay the filing
fee as set by resolution of the City Council, but shall not be required to pay the license fee.
B. "Physically disabled person" means any person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of
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some body function, resulting in actual disability and a diminished ability to compete in an open labor market. A physician's statement certifying the applicant's condition shall be submitted with the application.
C. "Blind person" means any person who has not more than 20/200
central visual acuity in the better eye after correction, or a person who has visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angel no greater than twenty degrees. A physician's statement certifying the
applicant’s condition shall be submitted with the application.”
SECTION 30. Section 5.84.050 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“5.84.050 – License application fees set by resolution. No application shall be processed without the required application fee paid in full, as set by
resolution of the City Council.”
SECTION 31. Section 6.20.020 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“6.20.020 – License required–Fee. Every person, firm or corporation engaged in operation, control or management of a kennel as defined in
this chapter shall obtain a license from the animal control contractor and
shall pay an annual license fee as set by resolution of the City Council.”
SECTION 32. Section 8.12.080 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“8.12.080 – Fees. Every person, firm or corporation applying for a permit
or for renewal of a permit previously revoked or for renewal of an expired
permit under the provisions of this chapter shall, at the time of making the application, pay an inspection fee in accordance with the schedule set by resolution of the City Council.
A fifty percent penalty shall be added to each of the foregoing for failure to
make application for renewal within thirty days from the date of expiration
or for failure to apply for a permit in the case of a new business or seasonal operation before opening for business.
In the case of a new business requiring a permit under this section, or a transfer of ownership of an existing business, fees shall be prorated on a
quarterly basis for the remaining part of the permit year. No fee shall be
reduced or prorated to less than the amount set by resolution of the City Council.”
SECTION 33. Section 8.40.140 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
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“8.40.140 – Fee set by resolution. A permit shall not be issued until after the payment of a fee as set by resolution of the City Council.”
SECTION 34. Section 8.112.060 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“8.112.060 – Same – Land use application – Public liability insurance. All applications for a permit to sell fireworks shall:
A. Be made in writing via a land use application to the Community Development Department accompanied by a filing fee and inspection fee
in the amounts set forth by resolution of the City Council and a deposit
pursuant to Section 8.112.110. In addition, a fee set by resolution of the City Council shall be paid by the permittee to the City within thirty days following the close of sales by applicant as partial reimbursement for extra law enforcement. All fees required hereunder are not for the purpose of
revenue but shall be used to defray the reasonable regulatory costs of
processing and issuing the permits contemplated herein, investigations, inspections, audits, enforcement, and adjudication thereof.
B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in the commercial, industrial,
or manufacturing zones and the written permission of the owner of record
or lessee must accompany the application according to Zoning Code Section 18.73.211. Temporary uses allowed.
C. Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of the permit, deliver to the
City Clerk’s Office a certificate evidencing an occurrence-based policy with
the following minimum limits: $1,000,000.00 public liability and property damage, and general aggregate coverage of $2,000,000.00 and with a certificate of endorsement designating the City of Grand Terrace as an additional insured under this Chapter. No policy will be acceptable which
contains a provision allowing a deductible amount. A copy of the requisite
State retail sales permit from the Office of the California State Fire Marshal shall also be attached.
D. Be routed to the Fire Chief, Building and Safety Director, and the Sheriff’s Department. The Community Development Department will
evaluate the location of the fireworks stand and related issues.”
SECTION 35. Section 8.112.110 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“8.112.110 – Public advertisement. The permittee shall deposit a fee as set forth by resolution of the City Council with the City at the time of the
land use application for the purpose of placing a published advertisement
in the local paper of general circulation advising Grand Terrace residents
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of the provisions regulating the discharging of safe and sane fireworks, including the prohibition of discharging fireworks within the No Fireworks Safety Zone. Any portion of said deposit in excess of the cost to the City
for placing said advertisement shall be returned to permittee no later than
July 14th.”
SECTION 36. Section 12.04.150 of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“12.04.150 – Undertaking in lieu of deposit. In lieu of making either a
general or special deposit, or to supplement a general deposit not
sufficient in amount, the applicant may file an undertaking with the engineer in a penal sum of not less than five hundred dollars. The undertaking shall be in compliance with Section 995.010 et seq. of the Code of Civil Procedure.”
SECTION 37. Section 12.08.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
Before an excavation permit as provided in this chapter is issued, the applicant shall deposit with the city finance department a cash deposit in the amount to be determined by the city engineer to secure proper repairs
of the street cut.
A. Each permittee, prior to receiving a permit pursuant to this chapter, shall deposit an amount set by resolution of the City Council with the city finance department. This amount is to secure emergency street repairs required as a result of the permittee's street cuts. This amount shall be
placed by the finance director into a special account. The deposit shall be
utilized by the city to make any emergency street repairs required, which repairs cannot be done by the permittee. The amount of deposit above the five-hundred-dollar minimum shall be computed in accordance with the fees schedule set by resolution. Such deposit shall be refunded to the
permittee upon request twenty-four months after completion and
acceptance of the project.
B. Return of the deposit shall be conditioned upon the permittee's compliance with this chapter, and further conditioned that the permittee must fill up, restore and place in good and safe condition as near as may
be to its original condition, and to the satisfaction of the city engineer, all
openings and excavations made in streets, and must maintain any street where excavation is made in as good condition for the period of twenty-four months after the work has been done. Any settlement of the surface within that two-year period shall be deemed conclusive evidence of
defective backfilling by the permittee. Nothing contained in this subsection
shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Any
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owner of real estate repairing or engaging another to repair his own sidewalk shall not be required to give such deposit. An acceptable bond or letter of credit may be given under this provision, which shall remain in
force for two years, conditioned as above in the amount specified, and in
other respects as specified but applicable as to all excavation work in streets by the principal making such deposit during the term of two years from such date.
C. An application for an excavation permit to perform excavation work
under this chapter shall be accompanied by a cash deposit, payable to the
city, in accordance with a schedule of fees set by resolution. No deposit shall be less than the amount as set by resolution of the City Council. Any person intending to make openings, cuts or excavations in streets or public places may make and maintain with the city finance director a
general annual deposit in the sum of not less than an amount set by
resolution of the City Council, and the person so depositing shall not be required to make the special deposits provided in this section, but shall, however, be required to comply with all other applicable provisions of this chapter. Any special or general deposit made under this section shall
serve as security for the repair and performance of work necessary to put
the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Such cash deposit, except in the case of an annual deposit, shall
be refunded by the city to the permittee upon the expiration of such
twenty-four-month period and upon request of the permittee; provided, that the city may use any or all of any such deposit to pay the cost of any work the city performs to restore or maintain the street or public place as provided in this chapter in the event the permittee fails to perform such
work, in which event the amount refunded to the permittee shall be
reduced by the amount thus expended by the city. The decisions of the city engineer as to the cost of the work done or repairs made by him under the provisions of this chapter shall be final and conclusive as to cost.
SECTION 38. Section 12.08.260 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
A. If the permittee has failed to restore the surface of the street or public place to its original and proper condition, upon expiration of the time fixed by such permit, or otherwise has failed to complete the excavation work covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee shall be liable for the actual cost and an additional amount equal to the City’s actual costs for general overhead and administrative expenses which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
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paid out and due it for such work, and shall apply in payment of the amount due it any funds of the permittee deposited as provided in this chapter, and the city shall also enforce its rights under the permittee's
cash deposit provided pursuant to this chapter.
B. It shall be the duty of the permittee to guarantee and maintain the site of the excavation work in the same condition it was in prior to the excavation work two years after restoring it to its original condition.
SECTION 39. Section 12.24.050 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“12.24.050 – Deposit. Every applicant for a banner permit from whom an issuance fee is required and who does not maintain a sufficient deposit or undertaking with the city engineer shall deposit with the city engineer an amount as set by resolution of the City Council for each banner permit.
SECTION 40. Section 10.28.050 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“10.28.030 – Fee set by resolution. The administrative fee for towing a vehicle in the above stated circumstances shall be set by resolution of the City Council.”
SECTION 41. Section 12.48.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
“12.48.010 – Advance approval for use required; Fees set by resolution. All users of city athletic facilities, including athletic fields and baseball diamonds, are required to receive approval in advance from the city's
community services director, or his delegate, for the use of the athletic
facilities. A facility reservation application shall be accompanied by a fee set by resolution of the City Council.”
SECTION 42. Section 13.12.305(A) of the Grand Terrace Municipal Code is amended in its entirety to read as follows:
“Users required to obtain a permit shall complete and file with the director
an application in form prescribed by him and submit any required application, filing or permit fee. Applicable permit fees shall be set by resolution of the City Council.”
SECTION 43. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have
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adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 44. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 45. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the ____ day of _______, 2020.
_____________________________
Darcy McNaboe
Mayor ATTEST:
____________________________ Debra Thomas City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra City Attorney
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AGENDA REPORT
MEETING DATE: April 14, 2020 Council Item
TITLE: Approval of an Agreement with the County of San Bernardino for the Implementation and Operation of
Biometric Identification Systems (CAL-ID) and DNA Services
for the Period of July 1, 2020 to June 30, 2030
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AUTHORIZING
THE APPROVAL OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND OPERATION OF BIOMETRIC IDENTIFICATION SYSTEMS (CAL-ID) AND DNA SERVICES FOR THE PERIOD OF JULY 1, 2020 TO JUNE
30, 2030.
2030 VISION STATEMENT:
This staff report supports the following goals:
• Goal #1, “Ensuring Our Fiscal Viability,” through the continuous monitoring of expenditure budgets, allocations, and operational costs; and
• Goal #2, “Maintaining Public Safety,” by ensuring adequate tools and services available to our public safety for them to provide efficient police services for our Community.
BACKGROUND: Since 2002, the City has contracted with the County of San Bernardino’ Sheriff’s Department for participation in the State of California Department of Justice’s (DOJ)
automated system for retaining and identifying fingerprints, palm prints, facial
recognition, iris enrollment, and DNA. This system, known as CAL-ID, provides local agencies with access to statewide databases that can provide photos, prints, DNA of potential suspects, a process that used to be time-consuming for local agencies when gathering evidence.
DISCUSSION: The San Bernardino Sheriff's Department is the County's proprietary agency for access to CAL-ID/RAN. The Sheriff provides all CAL-ID services to the City and uses CAL-ID
as one of their primary methods in identifying suspects and arrestees in crime cases.
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Some of the benefits in having access to the DOJ’s repository are:
• Searches and conducts verifications of criminal and non-criminal fingerprints, palm prints, photos, DNA submitted by law enforcement;
• Provides certified copies of fingerprints for use in civil legal proceedings and
administrative hearings within California and in other states; and
• Provides expedited search and identification services of fingerprints. Palm prints, photos, in the CAL-ID system when needed for criminal justice and other public safety purposes.
The agreement between the City and San Bernardino County will take effect on July 1, 2020 and will be valid through June 30, 2030.
FISCAL IMPACT:
There is no fiscal impact to adopting the Resolution and approving the agreement. The annual cost for FY2020-21 is $14,931.72 and will be incorporated into City’s FY2020-21 operating budget.
ATTACHMENTS:
• Resolution 2020-XX for approval of CAL-ID Agreement (DOCX)
• Attachment A CAL-ID Agreement (PDF)
• Attachment B CAL-ID History (PDF)
APPROVALS:
Cynthia A. Fortune Completed 04/07/2020 5:46 PM
Finance Completed 04/07/2020 5:46 PM
City Attorney Completed 04/08/2020 3:01 PM
City Manager Completed 04/08/2020 5:06 PM
City Council Pending 04/14/2020 6:00 PM
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01247.0001/637807.1
RESOLUTION NO. 2020-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AUTHORIZING THE APPROVAL OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR THE IMPLEMENTATION AND OPERATION OF BIOMETRIC IDENTIFICATION SYSTEMS (CAL-ID) AND DNA SERVICES FOR THE PERIOD OF JULY 1, 2020 TO JUNE 30, 2030
Recitals WHEREAS, the State of California Department of Justice (“DOJ”) developed a statewide automated system to transmit and access fingerprint, palm print, photos, iris enrollment and DNA data between local agencies and DOJ; and
WHEREAS, said system is referred to as the California Identification System (“CAL-ID”),
of which the Counties of Riverside and San Bernardino joined forces to form a Regional CAL-ID network; and
WHEREAS, in accordance with California Penal Code 11112.4, a local Remote Access Network (“RAN”), provides oversight; and
WHEREAS, the San Bernardino County Sheriff’s Department is the County’s proprietary agency for all to CAL-ID/RAN; and
WHEREAS, the City has been participating in CAL-ID since 2002; and
WHEREAS, the fees assessed for each local agency’s participation is based upon a per capita fee established by the RAN Board and multiplied by the local agency’s most recent population estimates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The City Council hereby approves the Agreement with the County of San Bernardino for the implementation and operation of biometric identification systems (CAL-ID) and
DNA services for the period of July 1, 2020 to June 30, 2030, in the form of agreement consistent with that agreement presented to the City Council on its April 14, 2020 Agenda, and further authorizes the City Manager to execute said Agreement.
3. The City Manager is authorized and directed to coordinate with the San Bernardino Sheriff’s Department the use of the system under this agreement.
4. The City Manager is authorized to pay the City’s annual fee by August 1st or fifteen (15) days after approval of the City’s budget, whichever is later for the term of this agreement. 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent
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jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this
Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
6. This Resolution shall go into full force and effect immediately, but any applicable fees shall become effective as provided by the applicable provisions of State Law.
7. The City Clerk shall certify to the adoption of this Resolution.
8. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 14th day of April, 2020.
_____________________________ Darcy McNaboe Mayor ATTEST: Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
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I. SCOPE OF WORK
A. CITY agrees to be users of the Identification Systems and DNA Services established for the county
service areas. CITY's use of the system under this. agreement shall be through the local subsystems
for the San Bernardino County area.
8. The Regional RAN Board shall approve procedures and policies for operation and use of the
Regional Identification Systems. The local RAN Board shall approve such policies and procedures
for the local subsystems for the San Bernardino County area. The Sheriff of the COUNTY shall be
responsible for managing and operating the local subsystems within the COUNTY consistent with
directions of the local RAN Board. All such procedures and policies shall be consistent with the
technical requirements of the Regional Systems.
C. The Sheriff's Department shall invoice, and the CITY agrees to pay, annual fees charged for
participation in these Identification Systems based upon a per capita fee established by the RAN
Board and multiplied by the most recent State of California Department of Finance Population
Estimates.
D. CITY shall pay to the Sheriff's Department of COUNTY within thirty (30) days of entering into this
agreement its fees assessed .under this agreement. CITY shall pay its annual fee by August 1st or
fifteen (15) days after approval of CITY's budget, whichever is later. Payments under this agreement
shall be placed in an interest bearing trust account and the interest earned on such funds shall be
applied for expenses of the Identification Systems. Any revenue generated in excess of expenses
will be retained to fund equipment replacement, upgrade and expansion, and personnel costs.
E. Any amendments to this agreement shall be in writing and approved by the parties before becoming
effective.
11. TERM AND TERMINATION
A. The term of this agreement shall commence upon execution by both parties and shall continue
through June 30, 2030. Either party may terminate this agreement by giving notice of termination to
the other party on or before July 1 of any year to terminate this agreement as of the subsequent July
1. Any nonmember party that would like to utilize the Identification System must notify and be
approved by the local RAN Board before July 1 of any year to enter this agreement as of the
subsequent July 1..
Ill. NOTICES
A. All notices required to be given under this agreement shall be delivered to the other parties by registered
or certified mail, postage prepaid to the City Clerk or San Bernardino County Sheriff as applicable. The
addresses of the parties hereto, until further notice, are as follows:
CONTRACTOR:
COUNTY:
Revised 7/15/19
Grand Terrace
Harold Duffey, City Manager
22795 Barton Road
Grand Terrace, CA 92313
San Bernardino County Sheriff's Department
Bureau of Administration/Contracts Unit
655 E. Third Street
San Bernardino, CA 92415-0061
Page 2 of 4
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IV. GENERAL TERMS AND CONDITIONS
A. Following approval of the budget for the local subsystems for the San Bernardino County area,
COUNTY's Sheriff shall fiscally manage the funds and expenditures of the Identification Systems
and establish a separately identifiable account for fees assessed pursuant to the terms of this
agreement.
B. Any user of the systems which is allowed to enter into program participation may be required to pay
its fair share of the start-up, implementation, and equipment costs prior to participation in the
Systems. Any such new users may be subject to additional assessments as recommended by the
local RAN Board.
C. Each user of the Identification Systems within the San Bernardino County area shall be required to
be a party to an agreement with the COUNTY setting forth obligations and responsibilities of users
so that all such users are treated consistently and fees are charged to all users based on their
percentage of the population of all users within the San Bernardino County area of the Regional
Systems.
D. Any disputes over charges under this agreement will be resolved by the local RAN Board for the San
Bernardino County area consistent with the terms of this agreement.
V. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. INDEMNIFICATION. CITY agrees to indemnify and hold harmless SAN BERNARDINO COUNTY,
its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and
damage to property arising out of any negligent act or omission of CITY in connection with this
agreement.
The SAN BERNARDINO COUNTY agrees to indemnify and hold harmless CITY, from any and all
liabilities for injury to persons and damage to property arising out of any negligent act or omission of
SAN BERNARDINO COUNTY, its officers, employees, agents, and volunteers in connection with
this agreement.
In the event that SAN BERNARDINO COUNTY and/or CITY is found to be comparatively at fault for
any claim, action, loss or damage which results from their respective obligations under the contract,
SAN BERNARDINO COUNTY and/or CITY shall indemnify the other to the extent of its comparative
fault.
B. INSURANCE. Both CITY and COUNTY are self-insured public entities for purposes of professional
liability, general liability, and Workers' Compensation. CITY and COUNTY warrant that through their
program of self-insurance, they have adequate professional liability, general liability and Workers'
Compensation to provide coverage for liabilities arising out of CITY and COUNTY's performance
pursuant to this agreement.
VI. FULL UNDERSTANDING
A. This contract represents the full and complete understanding of the parties with respect to the subject
matter hereto; this contract supersedes Contract Number 90-1318 and all prior oral and written
agreements or understanding between the parties with respect to the subject matter hereto. This
contract shall be governed by the laws of the State of California. Venue for any lawsuit pertaining
to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino
Division. Any amendment to this contract shall be in writing signed by both parties.
Revised 7 /15/19 Page 3 of 4
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AGENDA REPORT
MEETING DATE: April 14, 2020 Council Item
TITLE: Update for the I-215/Barton Road Interchange Project
PRESENTED BY: Alan French, Public Works Director
RECOMMENDATION: 1) Receive and File the update.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure; and Goal #3 Promote Economic Development by
investing in infrastructure needed to support business attraction and retention.
BACKGROUND:
The I-215/Barton Road Interchange Project is the largest project in the City of Grand
Terrace’s history and will address area safety and traffic capacity concerns. In addition
to the freeway improvements, the Project includes several new local street re-
alignments, acquisition of property within the City limits and many business relocations.
Moreover, the proposed improvements are viewed to be critical to the City’s economic
vitality.
The Project is funded through the San Bernardino Associated Governments (SANBAG),
and the California Department of Transportation (Caltrans) has the lead role on the
construction management of the project.
One of the significant re-alignments was Commerce Way. The new alignment created
the full intersection with Vivienda and Barton Road. The new intersection is signalized
and provides a direct connection to future developments on the west side of the City
along the I-215 Freeway.
The purpose of this report is to provide the City Council an update on the progress of
the interchange Projects.
DISCUSSION:
This staff report will provide an update on the progress of the projects and highlight
some final items that need Council direction.
Schedule/Funding
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The 215/Barton Road Project schedule has been delayed from the original completion
date of summer of 2019 to May 2020. This is mainly due to longer right of way
acquisitions than anticipated, weather delays and material supply issues. No additional
funds will be required from the City for project closeout.
Enhancements
The bridge is completed at this time. The thematic elements are cast into the concrete
with form liners. On the structure exterior girder, form liners are used to create
mountain ranges reminiscent to the Grand Terrace Mountains. The bridge fencing is
black vinyl coated chain link with arching semi-circles across the structure. From the
Barton Road view, the mountain form liners are repeated in the bridge barrier rails.
The Roundabout hardscape and landscaping themes are being constructed at this time
and will include lighting, an irrigation system and landscaping. Given the minimal
landscape material that is proposed, the cost of plant on-going maintenance would be
minimal.
The street lighting is currently the standard metal poles for Caltrans lights and standard
concrete poles for City streets. The decorative lighting across the bridge will be
maintained by the City.
Pavement
The current schedule of the Interchange Project would have the final overlay as one of
the last orders of work and would be placed this month. The existing Barton Road
pavement condition is in a zone where its’ condition has deteriorated at a more rapid
rate than if it were earlier in the pavements’ life. The overlay will require some additional
thickness, pavement planning and/or the removal and replacement of distressed
pavement areas. Additionally, the City has requested that the overlay utilize rubberized
asphalt that is a longer lasting and quieter pavement that uses recycled tires.
Utilities
All utilities in the area were re-aligned, undergrounded or removed as part of the project.
Southern California Edison had three aerial electrical power poles located on the south
side of Barton Road east of Interstate 215 (near the existing Mobil gas station), that
were relocated with the project.
The last action that will be needed by City Council regarding the necessary agreements
for the project is:
• Updated Freeway Maintenance Agreement with Caltrans. It establishes the
maintenance responsibilities between the City and Caltrans for pavement,
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lighting and landscaping.
This agreement will be brought before the City Council for execution prior to the
completion of work.
FISCAL IMPACT:
None at this time.
APPROVALS:
Alan French Completed 04/08/2020 11:03 AM
City Attorney Completed 04/08/2020 4:33 PM
Finance Completed 04/08/2020 5:35 PM
City Manager Completed 04/08/2020 5:47 PM
City Council Pending 04/14/2020 6:00 PM
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AGENDA REPORT
MEETING DATE: April 14, 2020 Council Item
TITLE: COVID-19 Update and Impacts of Local Emergency
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Receive and File.
2030 VISION STATEMENT:
This staff report supports Our Mission to preserve and protect our community, Goal #2, Maintaining Public Safety and Goal #5, Engage in Proactive Communication. BACKGROUND:
On March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed an emergency in accordance with California Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060. The emergency proclamation is based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute
respiratory illness caused by a novel (new) coronavirus (“COVID-19).The Proclamation was ratified by the City Council on March 24, 2020. DISCUSSION:
Governments worldwide are responding to an outbreak of respiratory disease caused by COVID-19 that was first detected in China and which has now been detected in nearly 184 countries, including the United States. COVID-19 is a serious disease that has killed over 87,000 people worldwide with over 431,000 confirmed cases and over 14,600 deaths in the United States. On March 4, 2020, the Governor of the State of
California declared a State of Emergency. On March 10, 2020, the San Bernardino County Health Department proclaimed a Public Health Emergency and the Board of Supervisors issued a Proclamation of Local Emergency due to COVID-19. On March 11, 2020, the World Health Organization declared the disease a global pandemic.
While we are viewing this worldwide event, we can’t forget, what started out as someone else’s problem has filtered into our own county, community and backyard. At the time of this report, there were approximately 550 cases of COVID-19 detected in San Bernardino County with 17 deaths. If we drill down a little further, the information
shows that two cases were detected in the City of Grand Terrace.
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The City’s first and second response agencies are prepared for the impact of COVID-19. The declaration of a local emergency has afforded the City the ability to qualify for State and Federal resources and allows staff the legal authority to quickly respond to changing conditions. This report provides an opportunity for staff to share the latest information and facts regarding the impacts of COVID-19 on the Grand Terrace
community. The City’s first responders will be on hand to allow the Council and the community to ask questions. The City continues to operate and deliver most essential services, which predominately consist of enhanced public safety and fire protection services. City Hall remains open
but is only accessible via appointment. All parks, the library and most school facilities are also closed to the public. Programs for our most vulnerable citizens (Seniors and students) are operating with modified service. FISCAL IMPACT:
The fiscal impact of COVID-19 is currently unknown, but it could have a significant impact on our revenues. Staff will be returning to the Council on April 28, 2020 to provide strategies to ensure the fiscal health of the City.
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APPROVALS:
G. Harold Duffey Completed 04/08/2020 4:57 PM
City Attorney Completed 04/08/2020 5:13 PM
Finance Completed 04/08/2020 5:37 PM
City Manager Completed 04/08/2020 5:38 PM
City Council Pending 04/14/2020 6:00 PM
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