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07/13/2021CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● JULY 13, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! As of June 15, 2020, the City of Grand Terrace reopened its public meetings. Therefore, the regular meeting of the City Council for July 13, 2021, is now open to the public. Please note that 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 July 13, 2021, will also be conducted telephonically through Zoom and broadcast live on the City’s website. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number 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: 859 9370 5457 Password: 676820 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) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace- ca.gov. 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.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council July 13, 2021 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS Introduction of New Employees 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 – 06/22/2021 DEPARTMENT: CITY CLERK 3. May 10, 2021 and June 3, 2021 Planning Commission Meeting Minutes and May 13, 2021 Parks & Recreation Advisory Committee Meeting Minutes RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council July 13, 2021 City of Grand Terrace Page 3 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. PUBLIC HEARINGS 4. Public Hearing Regarding Objections or Protests to Collecting Delinquent Refuse, Sewer and Rental Inspection Fees on the Tax Rolls for Affected Properties; Adoption of Resolutions to Collect Said Delinquent Fees on the Tax Roll and for the Placement of Assessments for Said Delinquent Fees on Properties Located in the City for Fiscal Year 2021-2022 RECOMMENDATION: 1) CONDUCT A PUBLIC HEARING TO HEAR OBJECTIONS OR PROTESTS OF DELINQUENT FEES THAT ARE PROPOSED FOR ADOPTION AND ASSESSMENT ON THE TAX ROLLS OF THE COUNTY TAX ASSESSOR. 2) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 3) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY PROGRAM FEES AND FINES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE DEPARTMENT: PUBLIC WORKS F. UNFINISHED BUSINESS - NONE Agenda Grand Terrace City Council July 13, 2021 City of Grand Terrace Page 4 G. NEW BUSINESS 5. Adoption of a Resolution Declaring the City Council's Intention to Conduct a Public Hearing and Setting a Public Hearing Relating to Refuse, Recycle, Disposal Service, Green and Food Waste Collection Rate Increases RECOMMENDATION: Adopt Resolution No. 2021-__ declaring the City Council’s intention to conduct a public hearing and setting forth a public hearing date of September 14, 2021, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California to hear matters pertaining to proposed refuse, recycle, disposal service, green and food waste collection rate increases. DEPARTMENT: PUBLIC WORKS 6. Development Activity Report RECOMMENDATION: Receive and file. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 7. Adoption of Capital Improvement Program for Fiscal Years 2021-2026 RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2021/2022 DEPARTMENT: PUBLIC WORKS 8. Second Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group, Inc. for the Sale of City Property Located at 22317, 22273 and 22293 Barton Road AND Assignment, Assumption and Consent Agreement Whereby Greens Group, Inc. Assigns to GREENS INV 11, LLC, All Rights and Obligation Under that Certain Reimbursement Agreement Dated August 13, 2019 by and Between Greens Group, Inc. and the City of Grand Terrace RECOMMENDATION: 1. Approve and authorize the Mayor to execute, subject to City Attorney approval as to form, the Second Amendment to the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group Inc. with respect to the development of that certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01 & 1167-231-02); and Agenda Grand Terrace City Council July 13, 2021 City of Grand Terrace Page 5 2. Approve and authorize the Mayor to execute, subject to City Attorney approval as to form, the Assignment, Assumption and Consent Agreement whereby Greens Group, Inc. assigns to GREENS INV 11, LLC, a California limited liability company all rights and obligation under that certain Reimbursement Agreement dated August 13, 2019 (“Reimbursement Agreement”) by and between Greens Group, Inc. and the City of Grand Terrace including, but not limited to, any funds held by the City or due to the City pursuant to the Reimbursement Agreement with respect to the development of that certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01 & 1167- 231-02). DEPARTMENT: CITY MANAGER 9. Selection of an Executive Recruitment Firm to Manage the Recruitment Search for a New City Manager for the City of Grand Terrace RECOMMENDATION: Review and select a proposal and authorize the Mayor to execute a professional services agreement once prepared and approved as to form by the City Attorney. DEPARTMENT: CITY MANAGER H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6 Agenda Grand Terrace City Council July 13, 2021 City of Grand Terrace Page 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), Principal Accountant, Assistant Planner 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No. CIV SB 2107692 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Sections 54956.9(d)(4) and 54956.5(c). Number of Cases: One (1) 4. PUBLIC EMPLOYEE APPOINTMENT, pursuant to Government Code Sections 54954.5(e) and 54957 Title: Interim City Manager RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, July 27, 2021 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 ● JUNE 22, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor McNaboe convened the Regular Meeting of the City Council for Tuesday, June 22, 2021, at 6:00 p.m. and announced that this meeting would be closed in memory of San Bernardino County Sheriff Sergeant Dominic Vaca. INVOCATION The Invocation was given by Mayor Pro Tem Bill Hussey. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Lieutenant Bryan Lane of the San Bernardino Sheriff’s Department. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Present Jeff Allen Council Member Present G. Harold Duffey City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Steven Weiss Planning & Development Services Director Present Robert Eisenbeisz Interim Public Works Director Absent Terry Shea Interim Finance Director Present A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. B. SPECIAL PRESENTATIONS - NONE C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 2 C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 06/08/2021 APPROVE THE REGULAR MEETING MINUTES OF JUNE 8, 2021 3. City Department Monthly Activity Report - April 2021 RECEIVE AND FILE. 4. Approval of the May-2021 Check Register in the Amount of $702,860.40 APPROVE THE CHECK REGISTER NO. 05312021 IN THE AMOUNT OF $702,860.40 AS SUBMITTED, FOR THE PERIOD ENDING MAY 31, 2021. 5. Resolution Adopting List of Projects Proposed to be Funded by SB 1 in Fiscal Year 2021-2022 ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 D. PUBLIC COMMENT None. E. PUBLIC HEARINGS 6. 2021-2022 Landscape & Lighting Assessment District 89-1 Public Hearing and Adoption of Resolution Ordering the Levy and Collection of Assessments Therefore and Approval of Agreements with the County for the Collection Thereof Shanita Tillman, Management Analyst gave the PowerPoint presentation for this item. 1) CONDUCT THE PUBLIC HEARING; AND 2) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR, AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, THE CITY OF GRAND C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 3 TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1, FISCAL YEAR 2021-2022 3) APPROVE THE “AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS FISCAL YEAR 2021-22” FOR THE CITY AND “THE AUDITOR- CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS FISCAL YEAR 2021-22” FOR THE DISTRICT AND AUTHORIZE THE MAYOR TO SIGN THEREOF SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen F. UNFINISHED BUSINESS 7. Continued Deliberations and Adoption of the Fiscal Year 2021-22 Budget G. Harold Duffey, City Manager gave the PowerPoint presentation for this item, with staff report support from Terry Shea, Interim Finance Director. Council Member Doug Wilson left the dais at 6:30 p.m. 1. CONTINUE DELIBERATIONS ON THE CITY OF GRAND TERRACE ANNUAL BUDGET FOR FISCAL YEAR 2021-22; AND/OR 2. DIRECT STAFF TO PREPARE THE FY2021-22 BUDGET IN ACCORDANCE WITH THE APPROVED ITEMS ABOVE; AND/OR 3. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022 RESULT: APPROVED [4 TO 0] MOVER: Sylvia Robles, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: Darcy McNaboe, Bill Hussey, Sylvia Robles, Jeff Allen AWAY: Doug Wilson Council Member Doug Wilson returned to the dais at 6:32 p.m. C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 4 G. NEW BUSINESS 8. Historical & Cultural Activities Committee Member Appointments and Process Debra Thomas, City Clerk gave the staff report for this item. City Council selected the following individuals as its appointees for the Historical & Cultural Activities Committee: Renae Walker selected by Council Member Jeff Allen Louise Lunstrum selected by Council Member Doug Wilson Marybeth Correra selected by Council Member Sylvia Robles Becky Giroux selected by Mayor Pro Tem Bill Hussey Frank’e Byma selected by Mayor Darcy McNaboe Michelle Greer selected At-Large by the entire City Council 1. THAT EACH CITY COUNCIL MEMBER NOMINATE AN APPLICANT FROM THE SIX (6) APPLICATIONS RECEIVED AS THEIR NOMINEE TO THE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE 2. THAT, UPON SELECTION OF THE NOMINEES BY EACH CITY COUNCIL MEMBER, THE MAYOR APPOINT, SUBJECT TO CITY COUNCIL APPROVAL, THE NOMINEES TO THE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE. 3. THAT THE MAYOR APPOINT, SUBJECT TO CITY COUNCIL APPROVAL, THE REMAINING APPLICANT AS AN AT-LARGE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE MEMBER. 4. DIRECT STAFF TO PREPARE AN ITEM CONSOLIDATING ALL RULES AND PROCEDURES GOVERNING THE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE FOR THE CITY COUNCIL’S CONSIDERATION AND APPROVAL AT A FUTURE MEETING. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 9. Approval of Annual Appropriations Limit for Fiscal Year 2021-22, Including Adoption of the Price Factor and Population Change Factor for the Appropriations Limit Calculation Terry Shea, Interim Finance Director gave the PowerPoint presentation for this item. (1) APPROVE THE SELECTION OF THE CHANGE IN PER CAPITA PERSONAL INCOME OF 5.73% AS THE PRICE FACTOR FOR THE FISCAL YEAR 2021-22 APPROPRIATIONS LIMIT CALCULATION; AND (2) APPROVE THE SELECTION OF THE CHANGE IN COUNTY OF SAN BERNARDINO POPULATION OF 0.17% AS THE POPULATION CHANGE C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 5 FACTOR FOR THE FISCAL YEAR 2021-2022 APPROPRIATIONS LIMIT CALCULATION; AND (3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22, INCLUDING ADOPTION OF THE PRICE FACTOR AND POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS LIMIT CALCULATION RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 10. Commitment of Fund Balance for Fiscal Year 2020-2021 in Accordance with Governmental Accounting Standards Board Statement No. 54 and City Reserves Policy No. 3.06 Terry Shea, Interim Finance Director gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, COMMITTING FUND BALANCE FOR FISCAL YEAR 2020- 21 IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT 54 AND CITY RESERVES POLICY NO. 3.06 RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report. Council Member Sylvia Robles Nothing to Report. Mayor Pro Tem Bill Hussey Nothing to Report. C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 6 Mayor Darcy McNaboe Mayor Darcy McNaboe provided information on the Coachella Valley Rail Project. The Riverside County Transportation Commission is exploring the idea of passenger rail service from Los Angeles Union Station to the Coachella Valley. The proposed path the rail will take comes through the City of Grand Terrace. They completed the Tier 1 environmental document which is now out for public review and there are no plans the rail project will stop in Grand Terrace. If anyone is interested in reviewing the environmental document, those materials may be accessed through the following link: https://www.regulations.gov/document/FRA-2021-0048-0002 There will be an opportunity to submit comments on the environmental documents at the Commission’s next public hearing scheduled for Saturday June 26, 2021, from 9:00am to 11:00am, via Zoom. The public may register for this meeting using the following link: https://zoom.us/webinar/register/WN_NHs4TpYeTZmyYUcbhaN8Gg?_x_zm_rtaid=nMA 73fY8RWW8KdOfhj246A.1624481813458.070f8f118fcc8c46cb4206c2b6defde8&_x_zm _rhtaid=900 J. CITY MANAGER COMMUNICATIONS None. K. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council at 6:55 p.m. CLOSED SESSION 1. 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), Principal Accountant, Assistant Planner C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council June 22, 2021 City of Grand Terrace Page 7 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No. CIV SB 2107692 3. PUBLIC EMPLOYEE SCHEDULED PERFORMANCE EVALUATION, pursuant to Government Code Section 54957.6 Title: City Manager RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council at 8:27 p.m. REPORT OUT OF CLOSED SESSION Agenda Item K.1. – Mayor McNaboe announced there was no reportable action and direction was given to staff. Agenda Item K.2. – Mayor McNaboe announced there was no reportable action and direction was given to staff. Agenda Item K.3. – Mayor McNaboe announced the acceptance of G. Harold Duffey, City Manager’s letter of resignation and his last day with the City of Grand Terrace will be Tuesday, July 20, 2021. L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:30 p.m. in memory of San Bernardino County Sheriff Sergeant Dominic Vaca. The Next Regular City Council Meeting will be held on Tuesday, July 13, 2021, 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 2 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: May 10, 2021 and June 3, 2021 Planning Commission Meeting Minutes and May 13, 2021 Parks & Recreation Advisory Committee Meeting Minutes PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017 City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities and on January 16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be included in the Committee/Commission Report. DISCUSSION: On June 3 and June 17, 2021, the Planning Commission held its Regular Meetings and approved its May 10 and June 3, 2021, Regular Meeting minutes. The minutes for those meetings are included as an attachments to this report. The Planning Commission’s next Regular Meeting is scheduled for July 15, 2021. On June 10, 2021, the Parks & Recreation Advisory Committee held its Regular Meeting and approved its May 13, 2021, Regular Meeting minutes. The minutes for this meeting are included as an attachment to this report. The Parks & Recreation Advisory Committee’s next Regular Meeting is scheduled for July 8, 2021. Historical & Cultural Advisory Committee – Nothing to Report. FISCAL IMPACT: None. ATTACHMENTS: C.3 Packet Pg. 14 • 05-10-2021 PC Minutes (PDF) • 05-13-2021 P&RMinutes (PDF) • 06-03-2021 PC Minutes (PDF) APPROVALS: Debra Thomas Completed 07/01/2021 3:01 PM City Attorney Completed 07/07/2021 11:21 AM Finance Completed 07/07/2021 3:02 PM City Manager Completed 07/07/2021 10:23 PM City Council Pending 07/13/2021 6:00 PM C.3 Packet Pg. 15 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● MAY 10, 2021 Council Chambers Special Meeting 6:30 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Chairman Edward Giroux convened the Special Meeting of the Planning Commission and Site and Architectural Review Board for Monday, May 10, 2021 at 6:40 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chairman Giroux. Attendee Name Title Status Arrived Edward A. Giroux Chairman Late 6:40 PM Jeremy Briggs Vice-Chairman Remote Tara Ceseña Commissioner Present Jeffrey McConnell Commissioner Present David Alaniz Commissioner Present Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present Haide Aguirre Associate Planner Present Debra Thomas City Clerk Present APPROVAL OF AGENDA 1. Motion: Motion: May 10, 2021 Approval of Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: David Alaniz, Commissioner SECONDER: Tara Ceseña, Commissioner AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz PRESENTATIONS None. C.3.a Packet Pg. 16 At t a c h m e n t : 0 5 - 1 0 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 10, 2021 City of Grand Terrace Page 2 PUBLIC ADDRESS None. A. CONSENT CALENDAR 2. Approval of Minutes – Regular Meeting – 04/01/2021 RESULT: ACCEPTED [UNANIMOUS] MOVER: David Alaniz, Commissioner SECONDER: Jeffrey McConnell, Commissioner AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz B. ACTION ITEMS 1. Consideration of a General Plan Consistency Determination Pursuant to Government Code Section 65402 Regarding the Sale of a Successor Agency-Owned Property Located at 22747 Barton Road, Grand Terrace, CA (APN 0276-202-54)To the City of Grand Terrace Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED SALE OF SUCCESSOR AGENCY PROPERTY LOCATED AT 22747 BARTON ROAD (APN 0276-202-54) TO THE CITY OF GRAND TERRACE IS NOT A PROJECT AND EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR SUCH PROPOSED SALE OF SUCCESSOR AGENCY PROPERTY LOCATED AT 22747 BARTON ROAD (APN 0276-202-54) TO THE CITY OF GRAND TERRACE RESULT: APPROVED [UNANIMOUS] MOVER: Tara Ceseña, Commissioner SECONDER: Jeffrey McConnell, Commissioner AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz C. PUBLIC HEARINGS None. C.3.a Packet Pg. 17 At t a c h m e n t : 0 5 - 1 0 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 10, 2021 City of Grand Terrace Page 3 D. INFORMATION TO COMMISSIONERS None. E. INFORMATION FROM COMMISSIONERS None. ADJOURN Chairman Giroux adjourned the Special Meeting of the Planning Commission/Site and Architectural Review Board at 7:00 p.m. The Next Regular Meeting of the Planning Commission/Site and Architectural Review Board to be held on May 20, 2021 at 6:30 p.m. _________________________________ Edward Giroux, Chairman _________________________________ Debra L. Thomas, City Clerk C.3.a Packet Pg. 18 At t a c h m e n t : 0 5 - 1 0 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) CITY OF GRAND TERRACE PARKS & RECREATION ADVISORY COMMITTEE REGULAR MEETING May 13, 2021 - 4:15 p.m. City Hall Community Room – North 22795 Barton Road, Grand Terrace, CA 92313 MINUTES CALL MEETING TO ORDER: Chairman Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory Committee at 4:30 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Phelps. ROLL CALL: Present: Committee Member Freund; Vice-Chair Firnkoess and; Chairman Phelps Absent: Committee Members Rivera, Reagan Staff: City Clerk, Debra Thomas 1. Approve April 8, 2021 Regular Meeting Minutes Committee Member Freund moved, with a second from Vice-Chair Firnkoess to approve the April 8, 2021 Regular Meeting Minutes. Ayes: Committee Member Freund; Vice-Chair Firnkoess; Chairman Phelps Absent: Committee Members Rivera, Reagan 2. Discussion: a. FY2021-22 Budget Allocation Requests: Staff provided the Committee with the following list of projects to review and select items to be submitted to the City Council for its FY2021-22 Budget. i. Parking Striping C.3.b Packet Pg. 19 At t a c h m e n t : 0 5 - 1 3 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Agenda Parks & Recreation Advisory Committee May 13, 2021 This items will return at a later date for discussion and request for implementation. ii. Park Shading This items will return at a later date for discussion and request for implementation. iii. Additional Park Swings It was suggested by the Committee that this item be submitted to Assembly Majority Leader Reyes’ office for possible additional grant funding to place an ADA swing in each of the City’s parks. iv. Grand Terrace Fitness Park: 1. Cameras This item will not be returning for discussion as there is resources to install cameras at this location. 2. Plants/Gorilla Grass It was suggested by the Committee that youth groups may be able to assist with this project by re-planting the foliage or the item could be brought back to the City’s next Community Day Clean up where volunteers could help re-plant. v. Griffin Park 1. Dog Waste Station The Committee would two (2) dog waste stations installed at this park. vi. Veteran’s Freedom Park 1. Additional Fencing The Committee would like this item submitted to the City Council for consideration in its FY2021-22 budget. 2. Sports Turf This item will not be returning for discussion as the item has been completed. vii. Richard Rollins Park C.3.b Packet Pg. 20 At t a c h m e n t : 0 5 - 1 3 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Agenda Parks & Recreation Advisory Committee May 13, 2021 1. Update plants This items will return at a later date for discussion and request for implementation. 2. Amphitheater This items will return at a later date for discussion and request for implementation. viii. Susan Petta Park 1. Seating Shade This items will return at a later date for discussion and request for implementation. ix. T.J. Austin Park 1. Replace Wood Chips in Play Area The Committee would like this item submitted to the City Council for consideration in its FY2021-22 budget. x. New Facilities 1. Blue Mountain Nature Trail – No Discussion 2. Swimming Pool – No Discussion 3. Build a Community Center at one of our Parks–No Discussion 4. New Water Park – No Discussion 5. Skateboard Park – No Discussion 6. Pilot Program – Water Fountains for Reusable Water Bottes The Committee would like this item submitted to the City Council for consideration in its FY2021-22 budget. b. Kyle Bacon Field – Official Naming Debra Thomas, City Clerk explained that the t-ball field named after Kyle Bacon was named by the Grand Terrace Little League Board of Directors and not officially by the City Council. City Clerk Thomas shared with the Committee the facility naming policy process for future reference. 3. Committee Member Comments Committee Member Freund asked if projects were awarded funding by the City Council, if all funding was not used to complete the projects could that leftover funding be diverted to another project. C.3.b Packet Pg. 21 At t a c h m e n t : 0 5 - 1 3 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Agenda Parks & Recreation Advisory Committee May 13, 2021 The Committee requested discussion to select a new Public Hearing/Public Outreach date be brought back at its next meeting on June 10, 2021. 4. Staff Comments None. 5. Adjournment Chairman Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory Committee at 5:30 p.m. ___________________________ ________________________________ Brian Phelps, Chairman Debra L. Thomas, Committee Secretary Next Meeting Date: June 10, 2021 @ 4:15 p.m. C.3.b Packet Pg. 22 At t a c h m e n t : 0 5 - 1 3 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● JUNE 3, 2021 Council Chambers Regular Meeting 6:30 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Chairman Edward Giroux convened the Regular Meeting of the Planning Commission and Site and Architectural Review Board for Thursday, June 3, 2021 at 6:30 p.m. PLEDGE OF ALLEGIANCE Chairman Giroux led the Pledge of Allegiance. Attendee Name Title Status Arrived Edward A. Giroux Chairman Present Jeremy Briggs Vice-Chairman Present Tara Cesena Commissioner Present Jeffrey McConnell Commissioner Present David Alaniz Commissioner Present Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present Haide Aguirre Associate Planner Present Debra Thomas City Clerk Present APPROVAL OF AGENDA 1. Motion: Motion: June 3, 2021 Approval of Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: David Alaniz, Commissioner SECONDER: Tara Cesena, Commissioner AYES: Giroux, Briggs, Cesena, McConnell, Alaniz PUBLIC ADDRESS None. C.3.c Packet Pg. 23 At t a c h m e n t : 0 6 - 0 3 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 3, 2021 City of Grand Terrace Page 2 A. CONSENT CALENDAR 2. Approval of Minutes – Special Meeting – 05/10/2021 RESULT: ACCEPTED [UNANIMOUS] MOVER: Tara Cesena, Commissioner SECONDER: Jeffrey McConnell, Commissioner AYES: Giroux, Briggs, Cesena, McConnell, Alaniz B. ACTION ITEMS 1. Fiscal Year 2021-22 Planning Commissioners Training Program Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item. REVIEW, DISCUSS, AND PROVIDE INPUT TO STAFF ON THE PROPOSED FISCAL YEAR 2021-22 PLANNING COMMISSIONERS TRAINING PROGRAM RESULT: NO ACTION TAKEN C. PUBLIC HEARINGS None. D. PRESENTATIONS 1. Presentation - Resilient Inland Empire (IE) Presentation Steve Weiss, Planning & Development gave the PowerPoint presentation for this item. RECOMMENDATION Receive and file. E. INFORMATION TO COMMISSIONERS Director Weiss announced at the next Planning Commission meeting, staff will bring to the Commissioners the Housing Element inventory component to the 2021-2029 Housing Element. C.3.c Packet Pg. 24 At t a c h m e n t : 0 6 - 0 3 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 3, 2021 City of Grand Terrace Page 3 F. INFORMATION FROM COMMISSIONERS None. ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on June 17, 2021 at 6:30 p.m. _________________________________ Edward Giroux, Chairman of the Grand Terrace Planning Commission _________________________________ Debra L. Thomas, City Clerk C.3.c Packet Pg. 25 At t a c h m e n t : 0 6 - 0 3 - 2 0 2 1 P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Public Hearing Regarding Objections or Protests to Collecting Delinquent Refuse, Sewer and Rental Inspection Fees on the Tax Rolls for Affected Properties; Adoption of Resolutions to Collect Said Delinquent Fees on the Tax Roll and for the Placement of Assessments for Said Delinquent Fees on Properties Located in the City for Fiscal Year 2021- 2022 PRESENTED BY: Shanita Tillman, RECOMMENDATION: 1) CONDUCT A PUBLIC HEARING TO HEAR OBJECTIONS OR PROTESTS OF DELINQUENT FEES THAT ARE PROPOSED FOR ADOPTION AND ASSESSMENT ON THE TAX ROLLS OF THE COUNTY TAX ASSESSOR. 2) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 3) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY PROGRAM FEES AND FINES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 2030 VISION GOAL STATEMENT: This staff report supports Goal #1 "Ensure Our Fiscal Viability" by ensuring appropriate cost for recovery sewer, trash and rental inspection services previously rendered. E.4 Packet Pg. 26 BACKGROUND: In 1996, the City Council adopted Ordinance No. 162, which codified Municipal Code Chapter 5.42 (Integrated Waste Management). The main purpose of Municipal Code Chapter 5.42 is to control integrated waste management services. In order to avoid illegal dumping or stockpiling of trash, the City instituted mandatory refuse collection, requiring the franchise hauler, Burrtec Waste Industries, Inc. (Burrtec), to collect all trash and to use all reasonable means to collect fees for the service. The City and Burrtec monitor the participation of all property owners within the City for refuse collection and proper disposal. In 1981, the City Council adopted Ordinance No. 51, which codified Municipal Code Chapter 13.08 (Sewer User Charges). Chapter 13.08 mandates that every person whose premises are served by a sewer connection must pay a sewer service change. In addition, the City Council adopted Chapter 5.80, establishing the Non-Owner Occupied/Rental Property Program which has been enforced in the City since Fiscal Year 2006-2007. The purpose of Chapter 5.80 is to identify substandard non-owner occupied/rental property and to ensure rehabilitation of properties that do not meet minimum building and housing code standards, exterior maintenance standards or are not safe to occupy. There are, currently, 376 rental properties, including single family homes, apartment complexes, and duplexes, which are inspected annually. The owners of these units are obligated under the Program to pay a fee to cover the inspection service. DISCUSSION: Refuse and Sewer Delinquencies Sections 5.42.120 and 13.08.130 of the Municipal Code identify the monetary responsibility of the property owners and the collection processes for unpaid refuse and sewer user fees, respectively. Property owners who fail to pay refuse or sewer fees, pursuant to the Municipal Code, will result in the City pursuing all legal remedies available to recover the amounts owed. The uncollected fees are reported to the City by Burrtec for residential and commercial refuse and residential sewer, and by the City of Colton for commercial sewer for future collection through assessments on the property taxes, which are then collected at the same time and in the same manner as other property taxes. The list of delinquent refuse and sewer users is shown as Exhibit A of Attachment I and is titled “Refuse and Sewer User Fee Delinquent List”. E.4 Packet Pg. 27 Non-Owner Occupied/Rental Property Program The City's Municipal Code for Non-Owner Occupied/Rental Property Program requires payment of annual inspection fees by owners of rental properties and authorizes re- inspection fees and fines for non-compliance with the Program. Municipal Code Section 5.80.050 authorizes the City to recover fees through municipal tax lien procedures. The list of delinquent properties is shown as Exhibit A of Attachment IV and is titled “Non- Owner Occupied/Rental Property Program Delinquent Accounts”. There are 34 delinquent accounts. Notice Each year, City staff notifies property owners, via certified mail, of a public hearing to determine the delinquent fees and fines for delinquent accounts and to provide the owners with an opportunity to object to or protest the amounts owed at the City Council public hearing. Additionally, the notice of public hearing was also published. The property owners are also given an opportunity to pay the delinquent fees so they can be removed from the list that is provided to the County Tax Assessor. The timeline for the City to provide this list to the County is shown in Attachment V, “2021 County Delinquent Account List Timeline.” Staff recommends that the City Council conduct the Public Hearing to hear any objections or protests regarding the delinquent charges and adopt Resolutions for placing delinquent fees for unpaid refuse, sewer and rental inspection fees upon the County tax rolls. The list has been updated as of July 6th and will have two more updates prior to being sent to the County to be included in next year’s assessment. A list of the properties to be assessed is provided to the San Bernardino County Tax Collector’s Office. A billing agreement with San Bernardino County for the collection of special taxes, fees, and assessments for fiscal year 2021-22 must be fully executed and submitted prior to the August 10th submittal of properties to be assessed. This agreement was executed on June 22, 2021. FISCAL IMPACT: The adopted Resolutions, with the list of assessments, will be provided to the San Bernardino County Tax Collector, so the delinquent fees can be added to the property tax roll. Payments received by the County Tax Collector for the assessments will be remitted to the City and placed in the proper accounts as shown below. E.4 Packet Pg. 28 ACCOUNT NO. DESCRIPTION AMOUNT 10-400-08 GENERAL FUND - Rental Inspection Fees $ 2,777.00 23-302-90 REFUNDABLE DEPOSIT TRUST FUND - Delinquent Sewer Services / Tax Roll Collection $ 6540.58 23-302-90 REFUNDABLE DEPOSIT TRUST FUND - Delinquent Trash Services/ Tax Roll Collection $ 93,991.07 ATTACHMENTS: • I. Resolution 2021 - Trash and Sewer Delinquent Accounts (DOCX) • II. Exhibit A - Refuse and Sewer User Fee Delinquent List (XLSX) • III. Resolution 2021 - Rental Inspection Delinquent Accounts (DOCX) • IV. Non-Owner Occupied/Rental Property Program Delinquent Accounts (XLSX) • V. 2021 County Delinquent Account List Timeline (DOCX) • Agreement btwn County and City (PDF) • Agreement btwn County and District (PDF) APPROVALS: Shanita Tillman Completed 07/06/2021 5:05 PM Public Works Completed 07/07/2021 7:45 AM City Attorney Completed 07/07/2021 5:37 PM Finance Completed 07/07/2021 5:39 PM City Manager Completed 07/07/2021 10:24 PM City Council Pending 07/13/2021 6:00 PM E.4 Packet Pg. 29 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE WHEREAS, pursuant to Section 5.42.120 of the Grand Terrace Municipal Code every person required to arrange for refuse collection or the collection of recyclable or compostable shall be liable for the service access fees and charges for such collection, whether or not collection services are utilized; and WHEREAS, pursuant to Section 5.42.120 of the Grand Terrace Municipal Code, the owner, occupant or other person responsible for day-to-day operation of the premises shall make arrangements for collection of refuse to meet the requirements of this chapter. If service fees and charges are not paid as required, the owner and occupant each shall be jointly and severally liable for this payment. The City may collect the fees and charges plus any interest or penalties on the property tax roll; and WHEREAS, pursuant to Sections 13.08.050 of the Grand Terrace Municipal Code, sewer bills shall be sent to the owner, occupant or other applicant for sewer service of the property to be served. Those parties shall be responsible for the payment thereof. The property owner, occupant or other party making application for sewer service may, if they wish, make special arrangements with the city for bills to be sent to other persons, rather than that applicant. Thereafter, the parties shall be liable, jointly or severally, for the payment of the sewer bills; and WHEREAS, pursuant to Sections 13.08.130 of the Grand Terrace Municipal Code, delinquent charges, plus penalties, both of which shall be established by resolution of the City Council, shall constitute a lien upon the real property served; and WHEREAS, City staff notified property owners, via certified mail, of a public hearing to determine the delinquent fees for trash and sewer and to provide the owners with an opportunity to object or protest to the amounts owed at the City Council public hearing. Notice of the public hearing was also published; and WHEREAS, the City Clerk shall file with the County Auditor and/or County Recorder a copy of the report prepared with a statement endorsed on the report over his or her signature that the report has been finally adopted by the City Council and that the County Auditor and/or County Recorder shall enter the amounts of the charges E.4.a Packet Pg. 30 At t a c h m e n t : I . R e s o l u t i o n 2 0 2 1 - T r a s h a n d S e w e r D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t against the respective lots or parcels of land as they appear on the current assessment roll. WHEREAS, the amount of charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed; and WHEREAS, the County Tax Collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. WHEREAS, the City Council has sufficiently considered all evidence and testimony presented to them, including without limitation all oral and written objections and protests, in order to make the following determination. NOW, THEREFORE, the City Council of the City of Grand Terrace, does hereby resolve as follows: Section 1. Based on evidence, testimony and information presented during the July 13, 2021 public hearing, the accounts set forth in the Delinquent Refuse and Sewer Users List, attached hereto as Exhibit “A” and incorporated by reference and which contains a description of each parcel of real property and the amount of the delinquent refuse and sewer service fees for the fiscal year 2021-2022, are determined to be delinquent and hereby declared to constitute special assessments against the respective parcels of land. Section 2. The Delinquent Refuse and Sewer Users List attached hereto as Exhibit “A” is hereby approved and adopted. Section 3. The Finance Director shall file with the Auditor Controller a copy of the Delinquent Refuse and Sewer Users List, with a statement endorsing the signature of the City Clerk that it has been fully adopted by the City Council, together with a certified copy of this Resolution. Section 4. The Finance Director is hereby authorized and directed to record with the Auditor Controller assessment liens on the properties described in Exhibit “A” for the amount of such delinquent fees, and to take any necessary actions related thereto to effectuate the recordation of said liens. Section 5. The amounts specified in Exhibit “A” shall be collected on the tax roll for fiscal year 2021-2022 in the same manner, by the same person, at the same time, together with and not separately from, the general taxes. E.4.a Packet Pg. 31 At t a c h m e n t : I . R e s o l u t i o n 2 0 2 1 - T r a s h a n d S e w e r D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t Section 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 13th day of July, 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian R. Guerra City Attorney E.4.a Packet Pg. 32 At t a c h m e n t : I . R e s o l u t i o n 2 0 2 1 - T r a s h a n d S e w e r D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t EXHIBIT A ATTACHED REFUSE AND SEWER USE FEE DELINQUENT LIST FOR FISCAL YEAR 2021-2022 E.4.a Packet Pg. 33 At t a c h m e n t : I . R e s o l u t i o n 2 0 2 1 - T r a s h a n d S e w e r D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t Grand Terrace 2021 Preliminary Delinquent Account List Parcel Num Property Address Property City, ST Zip Trash Sewer Admin Fee Total Amount 0275082170000 21416 Palm Ave Grand Terrace CA 92313 27.40$ 34.87$ 35.00$ 97.27$ 0275083320000 12086 La Cadena Dr Grand Terrace CA 92313 83.21$ 105.91$ 35.00$ 224.12$ 0275223120000 21882 Grand Terrace Rd Grand Terrace CA 92313 210.02$ 267.29$ 35.00$ 512.31$ 0275223540000 21912 Grand Terrace Rd Grand Terrace CA 92313 17.25$ 21.96$ 35.00$ 74.21$ 0275242150000 22177 Mcclarren St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0275282090000 21779 Vivienda Ave Grand Terrace CA 92313 223.38$ 284.30$ 35.00$ 542.68$ 0275282150000 11842 Burns Ave Grand Terrace CA 92313 344.92$ 439.00$ 35.00$ 818.92$ 0275321120000 22501 Canal Cir Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0275321140000 22489 Canal Cir Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0275331040000 11823 Greenbrier Ln Grand Terrace CA 92313 201.76$ 256.79$ 35.00$ 493.55$ 0275331210000 11836 Greenbrier Ln Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0275331360000 11847 Greenbrier Ln Grand Terrace CA 92313 206.34$ 262.62$ 35.00$ 503.96$ 0276181080000 11975 Mount Vernon Ave Grand Terrace CA 92313 223.38$ 284.30$ 35.00$ 542.68$ 0276181100000 11951 Mount Vernon Ave Grand Terrace CA 92313 707.37$ 900.29$ 35.00$ 1,642.66$ 0276182090000 12028 Arliss Dr Grand Terrace CA 92313 324.73$ 413.29$ 35.00$ 773.02$ 0276191060000 22622 Minona Dr Grand Terrace CA 92313 35.35$ 44.99$ 35.00$ 115.34$ 0276191120000 22664 Minona Dr Grand Terrace CA 92313 267.42$ 340.36$ 35.00$ 642.78$ 0276192090000 22628 Miriam Way Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276192180000 22579 Minona Dr Grand Terrace CA 92313 41.84$ 53.26$ 35.00$ 130.10$ 0276192210000 11988 Minona Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276193060000 22629 Miriam Way Grand Terrace CA 92313 44.33$ 56.43$ 35.00$ 135.76$ 0276213330000 23010 Merle Ct Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0276213410000 12006 Canary Ct Grand Terrace CA 92313 141.37$ 179.92$ 35.00$ 356.29$ 0276222020000 22808 Miriam Way Grand Terrace CA 92313 279.22$ 355.38$ 35.00$ 669.60$ 0276223060000 22687 Miriam Way Grand Terrace CA 92313 39.49$ 50.27$ 35.00$ 124.76$ 0276232010000 11826 Eton Dr Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276233040000 22854 Miriam Way Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0276242050000 22820 Minona Dr Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276245180000 22785 Minona Dr Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0276247050000 22733 Fairburn Dr Grand Terrace CA 92313 279.22$ 355.38$ 35.00$ 669.60$ 0276262010000 11868 Arliss Dr Grand Terrace CA 92313 54.41$ 69.25$ 35.00$ 158.66$ 0276264040000 11895 Kingston St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276271060000 11805 Arliss Way Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 0276282050000 11755 Holly St Grand Terrace CA 92313 399.42$ 508.36$ 35.00$ 942.78$ 0276283060000 11785 Kingston St Grand Terrace CA 92313 89.03$ 113.31$ 35.00$ 237.34$ 0276284050000 11833 Holly St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276285170000 11756 Holly St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276285260000 11868 Holly St Grand Terrace CA 92313 244.35$ 310.99$ 35.00$ 590.34$ 0276331240000 23231 Westwood St Grand Terrace CA 92313 210.18$ 267.50$ 35.00$ 512.68$ 0276343150000 22845 Brentwood St Grand Terrace CA 92313 201.19$ 256.07$ 35.00$ 492.26$ 0276352050000 11877 Honey Hill Dr Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276401200000 23142 Vista Grande Way Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0276401210000 23100 Vista Grande Way Grand Terrace CA 92313 67.06$ 85.36$ 35.00$ 187.42$ 0276411030000 22954 Victoria St Grand Terrace CA 92313 48.24$ 61.39$ 35.00$ 144.63$ 0276421130000 11745 Preston St Grand Terrace CA 92313 167.53$ 213.23$ 35.00$ 415.76$ 0276421280000 22901 Grand Terrace Rd Grand Terrace CA 92313 67.06$ 85.36$ 35.00$ 187.42$ 0276431060000 23023 Vista Grande Way Grand Terrace CA 92313 181.26$ 230.70$ 35.00$ 446.96$ 0276451300000 22825 Vista Grande Way Grand Terrace CA 92313 172.97$ 220.15$ 35.00$ 428.12$ 0276451320000 22840 Grand Terrace Rd Grand Terrace CA 92313 344.92$ 439.00$ 35.00$ 818.92$ 0276482050000 12036 Westwood Ln Grand Terrace CA 92313 159.17$ 202.59$ 35.00$ 396.76$ 0276531300000 23070 Siskin Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 0276531380000 23043 Merle Ct Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 0276531440000 23032 Merle Ct Grand Terrace CA 92313 53.97$ 68.70$ 35.00$ 157.67$ 1167191040000 12510 Michigan St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167201240000 12640 Garden Ave Grand Terrace CA 92313 123.53$ 157.23$ 35.00$ 315.76$ 1167201370000 12630 Sandburg Way Grand Terrace CA 92313 200.35$ 254.99$ 35.00$ 490.34$ 1167211490000 22012 Tanager St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167211550000 22070 Tanager St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167211580000 12709 Sandburg Way Grand Terrace CA 92313 55.81$ 71.03$ 35.00$ 161.84$ 1167211660000 12718 Sandburg Way Grand Terrace CA 92313 43.49$ 55.35$ 35.00$ 133.84$ 1167211690000 12719 Dickens Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167211700000 12729 Dickens Ct Grand Terrace CA 92313 276.47$ 351.87$ 35.00$ 663.34$ EXHIBIT A - REFUSE AND SEWER USER FEE DELINQUENT LIST E.4.b Packet Pg. 34 At t a c h m e n t : I I . E x h i b i t A - R e f u s e a n d S e w e r U s e r F e e D e l i n q u e n t L i s t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r Grand Terrace 2021 Preliminary Delinquent Account List Parcel Num Property Address Property City, ST Zip Trash Sewer Admin Fee Total Amount 1167211750000 12728 Dickens Ct Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167241330000 12247 Pascal Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167241350000 22245 De Soto St Grand Terrace CA 92313 35.53$ 45.23$ 35.00$ 115.76$ 1167241510000 12232 Reed Ave Grand Terrace CA 92313 111.97$ 142.51$ 35.00$ 289.48$ 1167251240000 22255 Mavis St Grand Terrace CA 92313 265.96$ 338.50$ 35.00$ 639.46$ 1167251260000 22235 Mavis St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167251450000 22246 Mavis St Grand Terrace CA 92313 200.35$ 254.99$ 35.00$ 490.34$ 1167251490000 22286 Mavis St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167251500000 12384 Vivienda Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167251540000 12355 Vivienda Ave Grand Terrace CA 92313 37.24$ 47.39$ 35.00$ 119.63$ 1167251550000 12365 Vivienda Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167251640000 12338 Vivienda Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167261070000 22159 Mavis St Grand Terrace CA 92313 58.34$ 74.24$ 35.00$ 167.58$ 1167261090000 12426 Vivienda Ave Grand Terrace CA 92313 284.31$ 361.85$ 35.00$ 681.16$ 1167261140000 12474 Vivienda Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167261170000 22150 Van Buren St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167261340000 12420 Cardinal Ct Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167261800000 22268 Van Buren St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167271200000 22157 Lark St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167271220000 22205 Lark St Grand Terrace CA 92313 244.35$ 310.99$ 35.00$ 590.34$ 1167271250000 12559 Vivienda Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167271280000 12524 Reed Ave Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167271570000 22250 Kentfield St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167271600000 12513 Pascal Ave Grand Terrace CA 92313 46.35$ 58.99$ 35.00$ 140.34$ 1167281060000 22255 Dove St Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 1167281080000 22275 Dove St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167281200000 22234 Dove St Grand Terrace CA 92313 279.22$ 355.38$ 35.00$ 669.60$ 1167281300000 22220 Emerald St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167281330000 12636 Pascal Ave Grand Terrace CA 92313 110.56$ 140.72$ 35.00$ 286.28$ 1167281360000 22186 Emerald St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167281440000 12671 Thomas Ct Grand Terrace CA 92313 30.39$ 38.67$ 35.00$ 104.06$ 1167281510000 22164 Pico St Grand Terrace CA 92313 53.13$ 67.61$ 35.00$ 155.74$ 1167291080000 12741 Vivienda Ave Grand Terrace CA 92313 68.35$ 86.99$ 35.00$ 190.34$ 1167301010000 22200 Main St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167301040000 12880 Fremontia Ave Grand Terrace CA 92313 287.37$ 365.74$ 35.00$ 688.11$ 1167301160000 22262 Napa Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167301240000 22233 Ladera St Grand Terrace CA 92313 261.79$ 333.18$ 35.00$ 629.97$ 1167301400000 22285 Ladera St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167301410000 22295 Ladera St Grand Terrace CA 92313 112.35$ 142.99$ 35.00$ 290.34$ 1167301430000 22111 Ladera St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167301650000 22113 Raven Way Grand Terrace CA 92313 111.72$ 142.20$ 35.00$ 288.92$ 1167301770000 22110 Ladera St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167311080000 22419 Barton Rd Grand Terrace CA 92313 186.12$ 236.88$ 35.00$ 458.00$ 1167311180000 12168 Mount Vernon Ave #36 Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167311230000 12168 Mount Vernon Ave #41 Grand Terrace CA 92313 181.26$ 230.70$ 35.00$ 446.96$ 1167311240000 12168 Mount Vernon Ave #42 Grand Terrace CA 92313 60.42$ 76.90$ 35.00$ 172.32$ 1167311290000 12168 Mount Vernon Ave #47 Grand Terrace CA 92313 47.60$ 60.59$ 35.00$ 143.19$ 1167311320000 12168 Mount Vernon Ave #50 Grand Terrace CA 92313 66.86$ 85.10$ 35.00$ 186.96$ 1167311340000 12168 Mount Vernon Ave #52 Grand Terrace CA 92313 185.29$ 235.82$ 35.00$ 456.11$ 1167311370000 12168 Mount Vernon Ave #55 Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167311410000 12168 Mount Vernon Ave #59 Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167311590000 12168 Mount Vernon Ave #77 Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167311660000 12168 Mount Vernon Ave #85 Grand Terrace CA 92313 60.42$ 76.90$ 35.00$ 172.32$ 1167321190000 12244 Mirado Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167321270000 22458 De Soto St Grand Terrace CA 92313 244.35$ 310.99$ 35.00$ 590.34$ 1167321280000 22468 De Soto St Grand Terrace CA 92313 155.69$ 198.15$ 35.00$ 388.84$ 1167321460000 12168 Mount Vernon Ave #18 Grand Terrace CA 92313 60.42$ 76.90$ 35.00$ 172.32$ 1167321600000 12168 Mount Vernon Ave #88 Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167321650000 12168 Mount Vernon Ave Grand Terrace CA 92313 181.26$ 230.70$ 35.00$ 446.96$ 1167321800000 22468 De Berry St Grand Terrace CA 92313 105.75$ 134.59$ 35.00$ 275.34$ 1167331140000 12341 Willet Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167331170000 12342 Willet Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167331230000 12385 Willet Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ E.4.b Packet Pg. 35 At t a c h m e n t : I I . E x h i b i t A - R e f u s e a n d S e w e r U s e r F e e D e l i n q u e n t L i s t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r Grand Terrace 2021 Preliminary Delinquent Account List Parcel Num Property Address Property City, ST Zip Trash Sewer Admin Fee Total Amount 1167331380000 12420 Mount Vernon Ave #5A Grand Terrace CA 92313 30.21$ 38.45$ 35.00$ 103.66$ 1167341050000 22432 Van Buren St Grand Terrace CA 92313 64.86$ 82.56$ 35.00$ 182.42$ 1167341160000 22326 Cardinal St Grand Terrace CA 92313 344.92$ 439.00$ 35.00$ 818.92$ 1167341290000 12405 Willet Ave Grand Terrace CA 92313 73.74$ 93.84$ 35.00$ 202.58$ 1167342170000 12420 Mount Vernon Ave #8D Grand Terrace CA 92313 181.26$ 230.70$ 35.00$ 446.96$ 1167342220000 12420 Mount Vernon Ave#7B Grand Terrace CA 92313 60.42$ 76.90$ 35.00$ 172.32$ 1167351080000 12551 Darwin Ave Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167351170000 12580 Mirado Ave Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 1167351220000 22411 Van Buren St Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 1167351260000 22410 Kentfield St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167351290000 22442 Kentfield St Grand Terrace CA 92313 69.17$ 88.03$ 35.00$ 192.20$ 1167351400000 12607 Franklin Ct Grand Terrace CA 92313 288.35$ 366.99$ 35.00$ 690.34$ 1167361250000 22407 Franklin St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167361420000 12649 Reed Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167361450000 12625 Reed Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167361460000 12615 Reed Ave Grand Terrace CA 92313 30.06$ 38.25$ 35.00$ 103.31$ 1167371040000 12741 Reed Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167371220000 22401 Pico St Grand Terrace CA 92313 324.73$ 413.29$ 35.00$ 773.02$ 1167371240000 22381 Pico St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167371250000 22371 Pico St Grand Terrace CA 92313 187.76$ 238.97$ 35.00$ 461.73$ 1167371660000 22424 Tanager St Grand Terrace CA 92313 30.55$ 38.88$ 35.00$ 104.43$ 1167371740000 12786 Darwin Ave Grand Terrace CA 92313 266.35$ 338.99$ 35.00$ 640.34$ 1167381030000 12857 Reed Ave Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1167381120000 12823 Darwin Ave Grand Terrace CA 92313 223.38$ 284.30$ 35.00$ 542.68$ 1167381140000 12841 Darwin Ave Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167381220000 22471 Ladera St Grand Terrace CA 92313 279.22$ 355.38$ 35.00$ 669.60$ 1167381300000 22391 Ladera St Grand Terrace CA 92313 214.00$ 272.36$ 35.00$ 521.36$ 1167381320000 22371 Ladera St Grand Terrace CA 92313 200.35$ 254.99$ 35.00$ 490.34$ 1167381330000 22361 Ladera St Grand Terrace CA 92313 223.38$ 284.30$ 35.00$ 542.68$ 1167381550000 22401 Raven Way Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1167381700000 22462 Ladera St Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 1178021130000 12150 Dos Rios Ave Grand Terrace CA 92313 67.22$ 85.56$ 35.00$ 187.78$ 1178022530000 22685 Palm Ave Grand Terrace CA 92313 181.26$ 230.70$ 35.00$ 446.96$ 1178031030000 12272 Warbler Ave Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178031120000 22560 La Paix St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178031160000 22587 La Paix St Grand Terrace CA 92313 156.35$ 198.99$ 35.00$ 390.34$ 1178031260000 22578 De Soto St Grand Terrace CA 92313 57.61$ 73.33$ 35.00$ 165.94$ 1178031290000 22577 De Soto St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178031480000 22617 De Soto St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178041010000 22700 De Berry St Grand Terrace CA 92313 23.56$ 29.98$ 35.00$ 88.54$ 1178041050000 22740 De Berry St Grand Terrace CA 92313 54.23$ 69.01$ 35.00$ 158.24$ 1178041130000 22735 De Soto St Grand Terrace CA 92313 54.56$ 69.44$ 35.00$ 159.00$ 1178041510000 22836 De Berry St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178041740000 22843 La Paix St Grand Terrace CA 92313 143.84$ 183.08$ 35.00$ 361.92$ 1178051010000 12205 Dos Rios Ave Grand Terrace CA 92313 45.04$ 57.33$ 35.00$ 137.37$ 1178051150000 12154 Observation Dr Grand Terrace CA 92313 98.99$ 125.98$ 35.00$ 259.97$ 1178051230000 23071 Hampton Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178071420000 22963 Jensen Ct Grand Terrace CA 92313 40.88$ 52.04$ 35.00$ 127.92$ 1178071500000 23021 Jensen Ct Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178091150000 22833 Finch St Grand Terrace CA 92313 20.68$ 26.32$ 35.00$ 82.00$ 1178091270000 22833 Wren St Grand Terrace CA 92313 140.57$ 178.91$ 35.00$ 354.48$ 1178101030000 22562 Van Buren St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178101410000 22621 Cardinal St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178101450000 22573 Cardinal St Grand Terrace CA 92313 276.50$ 351.92$ 35.00$ 663.42$ 1178101470000 22551 Cardinal St Grand Terrace CA 92313 288.35$ 366.99$ 35.00$ 690.34$ 1178101600000 22580 Cardinal St Grand Terrace CA 92313 94.42$ 120.18$ 35.00$ 249.60$ 1178101640000 22626 Cardinal St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178101660000 22648 Cardinal St Grand Terrace CA 92313 22.00$ 28.00$ 35.00$ 85.00$ 1178111020000 22705 Cardinal St Grand Terrace CA 92313 112.13$ 142.71$ 35.00$ 289.84$ 1178111050000 22735 Cardinal St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178111710000 22830 Cardinal St Grand Terrace CA 92313 114.61$ 145.87$ 35.00$ 295.48$ 1178111740000 22860 Cardinal St Grand Terrace CA 92313 103.53$ 131.77$ 35.00$ 270.30$ 1178151070000 22540 Kentfield St Grand Terrace CA 92313 119.20$ 151.72$ 35.00$ 305.92$ E.4.b Packet Pg. 36 At t a c h m e n t : I I . E x h i b i t A - R e f u s e a n d S e w e r U s e r F e e D e l i n q u e n t L i s t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r Grand Terrace 2021 Preliminary Delinquent Account List Parcel Num Property Address Property City, ST Zip Trash Sewer Admin Fee Total Amount 1178151160000 22561 Kentfield St Grand Terrace CA 92313 213.55$ 271.79$ 35.00$ 520.34$ 1178151190000 12554 Warbler Ave Grand Terrace CA 92313 151.09$ 192.29$ 35.00$ 378.38$ 1178151380000 22551 Lark St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178151510000 22606 Kentfield St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178151540000 22627 Kentfield St Grand Terrace CA 92313 83.94$ 106.83$ 35.00$ 225.77$ 1178151630000 22624 Lark St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178161350000 22730 Lark St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178161440000 22795 Van Buren St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178171070000 22535 Franklin St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178171170000 22554 Pico St Grand Terrace CA 92313 273.83$ 348.51$ 35.00$ 657.34$ 1178171260000 22555 Franklin St Grand Terrace CA 92313 43.13$ 54.90$ 35.00$ 133.03$ 1178181210000 22755 Franklin St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178181410000 12630 Jaden Ct Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178181540000 22820 Pico St Grand Terrace CA 92313 111.69$ 142.15$ 35.00$ 288.84$ 1178201320000 22635 Tanager St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178201340000 22657 Tanager St Grand Terrace CA 92313 55.84$ 71.08$ 35.00$ 161.92$ 1178201400000 22668 Tanager St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178201610000 12727 Dutch St Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178221540000 22622 Robin Way Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 1178221570000 22656 Robin Way Grand Terrace CA 92313 90.79$ 115.55$ 35.00$ 241.34$ 1178221710000 22554 Main St Grand Terrace CA 92313 244.35$ 310.99$ 35.00$ 590.34$ 1178231280000 22795 Robin Way Grand Terrace CA 92313 332.35$ 422.99$ 35.00$ 790.34$ 38,122.07$ 48,519.00$ 7,350.00$ 93,991.07$ PARCEL #PROPERTY ADDRESS CITY AMOUNT 275242121001 22182 Barton Rd Grand Terrace 274.64$ 1167311080000 22419-21 Barton Rd Grand Terrace 137.32$ 1167281010000 12667 Michigan St Grand Terrace 2,514.47$ 1178011080000 12139 Mt. Vernon Ave Grand Terrace 146.37$ 1178011070000 22505 Barton Rd Grand Terrace 1,899.56$ 276202330000 22675 Barton Rd Grand Terrace 68.66$ 116718111000 12490 Michigan St Grand Terrace 760.38$ 1167141090000 22077 Barton Rd Grand Terrace 395.88$ 1167141030000 22080 Commerce Way Grand Terrace 343.30$ $6,540.58 DELINQUENT COMMERCIAL SEWER ACCOUNT USERS E.4.b Packet Pg. 37 At t a c h m e n t : I I . E x h i b i t A - R e f u s e a n d S e w e r U s e r F e e D e l i n q u e n t L i s t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY PROGRAM FEES AND FINES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE WHEREAS, pursuant to Chapter 5.80 of the Grand Terrace Municipal Code property owners with buildings subject to inspection shall pay a fee in the amount set forth in Grand Terrace Municipal Code Chapter 4.108 establishing fees and charges for various municipal services; and WHEREAS, pursuant to Chapter 5.80 of the Grand Terrace Municipal Code property owners who fail to pay the required fee the City will recover the amount of the fee plus accrued interest and penalties utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law; and WHEREAS, pursuant to Chapter 5.80 of the Grand Terrace Municipal Code property owners who fail to pay inspection fees will result in the City's pursuit of all legal remedies available to recover amount of the fees, fines, penalties, and associated costs; and WHEREAS, certain property owners, as shown on the last available assessment roll, have failed to take action to pay the outstanding delinquent balance owed to the City; and WHEREAS, City staff notified property owners, via certified mail, of a public hearing to determine the delinquent fees and fines for annual rental property inspections and to provide the owners with an opportunity to object to or protest to the amounts owed at the City Council public hearing; and WHEREAS, the City notified property owners, via certified mail, of a public hearing to be held on July 13, 2021 at the Grand Terrace City Council Chambers located at 22795 Barton Road Grand Terrace, California, to determine the delinquent fees and to provide property owners with an opportunity to object or protest to the amounts owed at the City Council public hearing. Notice of the public hearing was also published; and WHEREAS, the City Council, having considered the delinquent accounts, together with any objections and protests by property owners, desires to declare E.4.c Packet Pg. 38 At t a c h m e n t : I I I . R e s o l u t i o n 2 0 2 1 - R e n t a l I n s p e c t i o n D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r the delinquent accounts as special assessments and cause such accounts to be recorded on property tax roll; and WHEREAS, the City Clerk shall file with the County Auditor and/or County Recorder a copy of the report prepared with a statement endorsed on the report over his or her signature that the report has been finally adopted by the City Council and that the County Auditor and/or County Recorder shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll; and WHEREAS, the amount of charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed; and WHEREAS, the County Tax Collector shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter the amount of charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. WHEREAS, the City Council has sufficiently considered all evidence and testimony presented to them, including without limitation all oral and written objections and protests, in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. Based on evidence, testimony and information presented during the July 13, 2021 public hearing, the accounts set forth in the Rental Inspection/Non-Owner Occupied Property Fee Delinquent List, attached hereto as Exhibit “A” and incorporated by reference and which contains a description of each parcel of real property and the amount of the delinquent Rental Inspection/Non-Owner Occupied Property fee for fiscal year 2019-2020, are determined to be delinquent and hereby declared to constitute special assessments against the respective parcels of land. Section 2. The Rental Inspection/Non-Owner Occupied Property Fee Delinquent List attached hereto as Exhibit “A” is hereby approved and adopted. Section 3. The Finance Director shall file with the Auditor Controller a copy of the Rental Inspection/Non-Owner Occupied Property Fee Delinquent List, with a statement endorsing the signature of the City Clerk that it has been fully adopted by the City Council, together with a certified copy of this Resolution. Section 4. The Finance Director is hereby authorized and directed to record with E.4.c Packet Pg. 39 At t a c h m e n t : I I I . R e s o l u t i o n 2 0 2 1 - R e n t a l I n s p e c t i o n D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r the Auditor Controller assessment liens on the properties described in Exhibit “A” for the amount of such delinquent fees, and to take any necessary actions related thereto to effectuate the recordation of said liens. Section 5. The amounts specified in Exhibit “A” shall be collected on the tax roll for fiscal year 2021-2022 in the same manner, by the same person, at the same time, together with and not separately from, the general taxes. Section 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13th day of July 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian R. Guerra City Attorney E.4.c Packet Pg. 40 At t a c h m e n t : I I I . R e s o l u t i o n 2 0 2 1 - R e n t a l I n s p e c t i o n D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r EXHIBIT A ATTACHED NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM DELINQUENT ACCOUNTS FOR FISCAL YEAR 2021-2022 E.4.c Packet Pg. 41 At t a c h m e n t : I I I . R e s o l u t i o n 2 0 2 1 - R e n t a l I n s p e c t i o n D e l i n q u e n t A c c o u n t s [ R e v i s i o n 3 ] ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r Account address Parcel#Current balance 23044 JENSEN CT 1178-051-52 $95.00 22255 LADERA ST 1167-301-37 $95.00 12439 CARDINAL CT 1167-261-41 $95.00 22700 DE BERRY ST 1178-041-01 $47.50 23243 GLENDORA DR 0276-301-04 $95.00 22656 LARK ST 1178-151-60 $95.00 23296 WESTWOOD ST 0276-481-11 $95.00 22246 MAVIS ST 1167-251-45 $95.00 22735 CARDINAL ST 1178-111-05 $95.00 22830 CARDINAL ST 1178-111-71 $95.00 12635 WARBLER AVE 1178-171-10 $28.50 22595 CARDINAL ST 1178-101-43 $95.00 12535 CRANE ST 1178-161-68 $28.50 22040 VAN BUREN ST 1167-181-10 $95.00 22415 KENTFIELD ST 1167-351-14 $28.50 12620 CONDOR CT 1178-171-38 $95.00 22243 DE BERRY ST 1167-251-05 $95.00 22139 FLAMINGO ST 1167-291-33 $95.00 23056 HAMPTON CT 1178-071-40 $95.00 12710 GARDEN AVE 1167-211-32 $95.00 21892 GRAND TERRACE RD 0275-223-51 $95.00 22928 PALM AVE 0276-213-11 $95.00 22303-22309 MCCLARREN ST 0275-242-25 $96.00 12615 Reed Ave 1167-361-46 $95.00 12405 WILLET AVE 1167-341-29 $95.00 11844 GREENBRIER LN 0275-331-25 $48.00 22669 TANAGER ST 1178-201-35 $47.50 12006 CANARY CT 0276-213-41 $95.00 22396 DE BERRY ST 1167-321-71 $47.50 22133 PICO ST 1167-291-66 $95.00 12602 BROWNING CT 1167-351-43 $47.50 11833 HOLLY ST 0276-284-05 $28.50 22840 VAN BUREN ST 1178-111-85 $95.00 22740 & 22742 & 22744 PALM AVE 0276-202-38 $144.00 $2,777.00 Non Owner Occupied/Rental Property Program Delinquent Accounts E.4.d Packet Pg. 42 At t a c h m e n t : I V . N o n - O w n e r O c c u p i e d / R e n t a l P r o p e r t y P r o g r a m D e l i n q u e n t A c c o u n t s ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t COUNTY DELINQUENT UTILITY ACCOUNT LIST TIMELINE SPECIAL ASSESSMENT July 12, 2021 - the City will submit a Preliminary List of Special Assessments to the County for delinquent accounts. Delinquent accounts that have paid as of July 1st will be excluded from the Preliminary List. July 13, 2021 - the City will hold a Public Hearing for delinquent trash, sewer, and rental inspection fees. Delinquent Utility Accounts that have not been paid as of July 6th will be reflected on the list in the Council Agenda. To be excluded from this list, payment must be received no later than July 6th. August 9, 2021 - the City will submit the First List of Special Assessments to the County for delinquent accounts. Delinquent accounts that have paid as of August 5th will be excluded from the First Submission List. August 31, 2021 - the City will submit the Final Corrected List of Special Assessments to the County for delinquent accounts. Delinquent accounts that have paid as of August 26th will be excluded from the Final Corrected List. *All payments received require up to five business days to process E.4.e Packet Pg. 43 At t a c h m e n t : V . 2 0 2 1 C o u n t y D e l i n q u e n t A c c o u n t L i s t T i m e l i n e ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & E.4.f Packet Pg. 44 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d C i t y ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n E.4.f Packet Pg. 45 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d C i t y ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n E.4.f Packet Pg. 46 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d C i t y ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n E.4.g Packet Pg. 47 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d D i s t r i c t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n E.4.g Packet Pg. 48 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d D i s t r i c t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n E.4.g Packet Pg. 49 At t a c h m e n t : A g r e e m e n t b t w n C o u n t y a n d D i s t r i c t ( H e a r i n g f o r t h e P l a c e m e n t o f A s s e s s m e n t s f o r D e l i n q u e n t R e f u s e , S e w e r & R e n t a l I n s p e c t i o n AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Adoption of a Resolution Declaring the City Council's Intention to Conduct a Public Hearing and Setting a Public Hearing Relating to Refuse, Recycle, Disposal Service, Green and Food Waste Collection Rate Increases PRESENTED BY: Shanita Tillman, RECOMMENDATION: Adopt Resolution No. 2021-__ declaring the City Council’s intention to conduct a public hearing and setting forth a public hearing date of September 14, 2021, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California to hear matters pertaining to proposed refuse, recycle, disposal service, green and food waste collection rate increases. 2030 VISION STATEMENT: This staff report supports Goal #1 “Ensure Our Fiscal Viability” by ensuring appropriate cost recovery for services. BACKGROUND: The solid waste franchise agreement was originally established between the City and USA Waste. In 2007, USA Waste, dba Waste Management of the Inland Empire, sold the Integrated Waste Management Agreement (Franchise Agreement) to Burrtec Waste Industries (Burrtec), and on June 12, 2007, the Council formally approved the transfer of the franchise agreement. Since then, Burrtec has held the franchise agreement. Refuse rates will typically have some level of adjustment due to Consumer Price Index increases, and/or cost related to services such as delivering waste to the landfill. Additionally, the State of California Department of Resources Recycling and Recovery (CalRecycle) has several mandates pertaining to Commercial Recycling and Organics Recycling that are in effect, and enforcement of these mandates has increased for municipalities. To meet requirements, Burrtec has created rates that the City may adopt to increase compliance. Rate increases are proposed for both residential and commercial customers. DISCUSSION: The last rate adjustment occurred in August 2019. Therefore, Burrtec has requested G.5 Packet Pg. 50 various rate increases on the basis that it is absorbing rising costs. The rising costs are due, in part, to increasing disposal and processing costs related to the recycling market (China has stopped receiving plastics) and Title 14 green waste issues. The residential and commercial rate increase will likely take effect on or after October 1, 2021, providing there is less than majority opposition. The various proposed increased rates are provided in Exhibits A through D of the Resolution The Council is being asked to direct staff to undertake the appropriate measures to notify the citizens of the City regarding the proposed aforementioned rate adjustments as necessary under Proposition 218. Staff will work with Burrtec to prepare and mail out notices of the proposed rate adjustments, and to schedule a Public Hearing, to be conducted on September 14, 2021, at the hour of 6:00 p.m. at the City Council Chambers, 22795 Barton Road, Grand Terrace California, at which time all persons interested in or objecting to the proposed solid waste and recycling rate adjustments will be heard. Proposition 218 requires that at the public hearing, the City Council must consider all protests against the proposed fee adjustments and if a majority of protests are received prior to the close of the public hearing, the City Council would not be able to impose the proposed adjustments in the rates. A protest may be submitted by either the record owner of the property or by a tenant directly liable for the fees. FISCAL IMPACT: There is no fiscal impact to the City budget by the rate adjustment as it is anticipated that the cost of services will be borne by Burrtec customers. ATTACHMENTS: • Resolution Setting a Public Hearing to Adjust Refuse Rates (DOCX) • Exhibit A- Residential Rates (PDF) • Exhibit B - Commercial Rates (PDF) • Exhibit C- Green Waste and Food Waste Rates (PDF) • Exhibit D- Special Services (PDF) APPROVALS: Shanita Tillman Completed 06/29/2021 3:03 PM Planning & Development Services Completed 07/02/2021 10:12 AM City Attorney Completed 07/07/2021 5:26 PM Finance Completed 07/07/2021 5:39 PM City Manager Completed 07/07/2021 10:25 PM City Council Pending 07/13/2021 6:00 PM G.5 Packet Pg. 51 RESOLUTION NO. 2021-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING AND SETTING A PUBLIC HEARING FOR SEPTEMBER 14, 2021, AT 6:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE, IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE CALIFORNIA TO CONSIDER INCREASES TO RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION, RECYCLING, DISPOSAL SERVICE, GREEN AND FOOD WASTE COLLECTION RATES FOR FISCAL YEARS 2021-2022 WHEREAS, the City of Grand Terrace is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, (hereinafter the “City”); and WHEREAS, the City Council has by previous action entered into a franchise agreement with Burrtec Waste Industries, (hereinafter “Burrtec”), for the collection and disposal of residential and commercial waste within the City; and WHEREAS, Burrtec has requested rate increases to residential and commercial solid waste collection, recycling and disposal service rates and street sweeping rates for fiscal years 2021-2022; and WHEREAS, as proposed, the first residential rate increase will take effect on or after September 14, 2021, and WHEREAS, as proposed, commercial rates are proposed to be raised effective on or after September 14, 2021; and WHEREAS, the City Council now desires to declare its intention to conduct a Public Hearing concerning residential and commercial solid waste collection, recycling and disposal service rates for Fiscal Years 2021-2022, in accordance with Section 6 of Article 13D of the California Constitution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The preceding recitals are true and correct and incorporated herein by reference. G.5.a Packet Pg. 52 At t a c h m e n t : R e s o l u t i o n S e t t i n g a P u b l i c H e a r i n g t o A d j u s t R e f u s e R a t e s [ R e v i s i o n 4 ] ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e SECTION 2: The City Council will consider an adjustment in the service rates for the provision of residential and commercial solid waste collection, recycling, disposal services, and green and food waste collection and it has deemed that the proposed refuse rate adjustments, set forth in Exhibit A, Exhibit B, Exhibit C, and Exhibit D are appropriate and reasonable. SECTION 3: The City Council hereby declares its intention to conduct a Public Hearing concerning increases to residential and commercial solid waste collection, recycling, disposal service, and green and food waste collection rates, for Fiscal Years 2021-2022, as provided in Exhibit A, Exhibit B, Exhibit C, and Exhibit D, in accordance with Section 6 of Article 13D of the California Constitution and notice is hereby given that such Public Hearing on these matters will be held by the City Council on Tuesday, September 14, 2021 at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 22795 Barton Road, Grand Terrace California. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 4: The City Council hereby authorizes and directs the City’s franchise refuse collection services provider, Burrtec Waste Industries, Inc., to provide notice to all residential and commercial refuse/recycling and street sweeping customers within the City, not less than forty-five (45) days prior to the Public Hearing, pursuant to California Government Code Section 53755 and Section 6 of Article 13D of the California Constitution. SECTION 5: The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 13th day of July 2021. __________________________ Darcy McNaboe, Mayor ATTEST: Debra L. Thomas, City Clerk APPROVED AS TO FORM: G.5.a Packet Pg. 53 At t a c h m e n t : R e s o l u t i o n S e t t i n g a P u b l i c H e a r i n g t o A d j u s t R e f u s e R a t e s [ R e v i s i o n 4 ] ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Adrian R. Guerra, City Attorney G.5.a Packet Pg. 54 At t a c h m e n t : R e s o l u t i o n S e t t i n g a P u b l i c H e a r i n g t o A d j u s t R e f u s e R a t e s [ R e v i s i o n 4 ] ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc City of Grand Terrace Residential & Multi Family Barrel Rates Effective October 1, 2021 Current Proposed Standard 96 Gallon Barrel 2019 2021 Components Rate Rate Service a/14.33$ 14.90$ 1)Landfill / Disposal Transfer 3.83 3.97 2)Green Waste Disposal 2.90 3.42 3)MRF Fee 0.97 2.42 Disposal/Processing Total 7.70$ 9.81$ 2018 Service & Disp./Proc. Catch-Up Fee 9/18-6/191.32 2019 Catch-Up Fee 7/19-9/19 2019 Catch-Up Fee 10/19-6/20 2020 Catch-Up Fee 7/20-6/21 1.37 Eliminate All Catch-Up Fees (1.37) Rate Stabilization Fee 0.05 Franchise Fees 15.0%3.50 3.71 Pavement Impact Fee 3.5%0.82 0.87 Household Haz Waste 0.32$ 0.32 0.32 Street Sweeping 1.14$ 1.14 1.14 City Fees Total 5.78$ 6.04$ Total 29.13$ 30.80$ Changes vs Current Rate 3.09$ 1.67$ 11.87%5.73% 2019 2021 a/February CPI 2.5%1.0% 90.0%2.3%0.9% 1)Landfill / Disposal Transfer WDA Fee per Ton 39.55$ 38.00$ Annual Refuse Tons/House 1.1624 1.2530 2)Green Waste Disposal Agua Mansa Fee per Ton 50.09$ 53.26$ Annual GW Tons/House 0.6940 0.7714 3)MRF Fee Processing Cost per Ton 38.11$ 70.48$ Annual Rec Tons/House 0.3062 0.4112 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 1 96Gal Barrel G.5.b Packet Pg. 55 At t a c h m e n t : E x h i b i t A - R e s i d e n t i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Burrtec Waste Industries, Inc City of Grand Terrace Residential & Multi Family Barrel Rates Effective October 1, 2021 Current Proposed Standard 64 Gallon Barrel 2019 2021 Components Rate Rate Service a/14.33$ 14.90$ 1)Landfill / Disposal Transfer 2.59 2.69 2)Green Waste Disposal 2.90 3.42 3)MRF Fee 0.97 2.42 Disposal/Processing Total 6.46$ 8.53$ 2018 Service & Disp./Proc. Catch-Up Fee 9/18-6/191.33 2019 Catch-Up Fee 7/19-9/19 2019 Catch-Up Fee 10/19-6/20 2020 Catch-Up Fee 7/20-6/21 1.40 Eliminate All Catch-Up Fees (1.40) Rate Stabilization Fee 0.07 Franchise Fees 15.0%3.32 3.53 Pavement Impact Fee 3.5%0.77 0.82 Household Haz Waste 0.32$ 0.32 0.32 Street Sweeping 1.14$ 1.14 1.14 City Fees Total 5.55$ 5.81$ Total 27.67$ 29.31$ Changes vs Current Rate 2.99$ 1.64$ 12.12%5.93% 2019 2021 a/February CPI 2.5%1.0% 90.0%2.3%0.9% 1)Landfill / Disposal Transfer WDA Fee per Ton 39.55$ 38.00$ Annual Refuse Tons/House 0.7870 0.8484 2)Green Waste Disposal Agua Mansa Fee per Ton 50.09$ 53.26$ Annual GW Tons/House 0.6940 0.7714 3)MRF Fee Processing Cost per Ton 38.11$ 70.48$ Annual Rec Tons/House 0.3062 0.4112 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 2 64Gal Barrel G.5.b Packet Pg. 56 At t a c h m e n t : E x h i b i t A - R e s i d e n t i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Burrtec Waste Industries, Inc City of Grand Terrace Commercial Barrel Rate Effective October 1, 2021 Current Proposed Standard 96 Gallon Barrel 2019 2021 Components Rate Rate Service a/25.77$ 26.81$ 1)Landfill / Disposal Transfer 3.83 3.97 2)MRF Fee 0.97 2.42 3)Compliance Fee 0.46 0.46 Disposal/Processing Total 5.26$ 6.85$ 2018 Service & Disp./Proc. Catch-Up Fee (9/18-6/19)0.88 2018 Service & Disp./Proc. Catch-Up Fee (7/19-9/19) 2019 Service & Disp./Proc. Catch-Up Fee (7/19-9/19) 2019 Service & Disp./Proc. Catch-Up Fee (7/20-6/21)1.59 Eliminate All Catch-Up Fees (1.59) Rate Stabilization Fee 0.71 Franchise Fees 15.0%4.79 5.16 Pavement Impact Fee 3.5%1.12 1.20 Household Haz Waste 0.32$ 0.32 0.32 Street Sweeping 1.14$ 1.14 1.14 City Fees Total 7.37$ 7.82$ Total 39.28$ 42.19$ Changes vs Current Rate 5.04$ 2.91$ 14.72%7.41% 2019 2021 a/February CPI 2.5%1.0% 90.0%2.3%0.9% 1)Landfill / Disposal Transfer WDA Fee per Ton 39.55$ 38.00$ Annual Refuse Tons/House 1.1624 1.2530 2)MRF Fee Processing Cost per Ton 38.11$ 70.48$ Annual Rec Tons/House 0.3062 0.4112 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file3 Comm 96Gal Barrel G.5.b Packet Pg. 57 At t a c h m e n t : E x h i b i t A - R e s i d e n t i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Additional Services and Fees - Residential Changes Changes from from current current Current Proposed 2019 rate 2019 rate Components 2019 Rate 2021 Rate $% Extra Cart - 64 Gal (Resdl & Multi-Family) Service and Disposal a/8.74$ 9.09$ Franchise Fees (1)1.31 1.36 Pavement Impact Fee (2)0.31 0.32 Customer Rate 10.36$ 10.77$ 0.41$ 4.0% Extra Cart - 96 Gal Service and Disposal a/10.76$ 11.19$ Franchise Fees (1)1.61 1.68 Pavement Impact Fee (2)0.38 0.39 Customer Rate 12.75$ 13.26$ 0.51$ 4.0% Extra Cart - Recycling Service and Disposal a/2.02$ 2.10$ Franchise Fees (1)0.30 0.32 Pavement Impact Fee (2)0.07 0.07 Customer Rate 2.39$ 2.49$ 0.10$ 4.2% Extra Cart - Greenwaste Service and Disposal a/2.02$ 2.10$ Franchise Fees (1)0.30 0.32 Pavement Impact Fee (2)0.07 0.07 Customer Rate 2.39$ 2.49$ 0.10$ 4.2% Backyard/Sideyard Service and Disposal a/12.45$ 12.96$ Franchise Fees (1)1.87 1.94 Pavement Impact Fee (2)0.44 0.45 Customer Rate 14.76$ 15.35$ 0.59$ 4.0% Extra Pick-Up On Site - Barrels Service and Disposal a/9.32$ 9.70$ Franchise Fees (1)1.40 1.46 Pavement Impact Fee (2)0.33 0.34 Customer Rate 11.05$ 11.50$ 0.45$ 4.1% Extra Pick-Up Unscheduled - Barrels Service and Disposal a/18.65$ 19.40$ Franchise Fees (1)2.80 2.91 Pavement Impact Fee (2)0.65 0.68 Customer Rate 22.10$ 22.99$ 0.89$ 4.0% General References: (1)15% of sum of service and disposal (2)3.5% of sum of service and disposal Other Notes 2019 2021 a/February CPI 2.5%1.0% 90.0%2.3%0.9% 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 4 Resdl Additonal Fees G.5.b Packet Pg. 58 At t a c h m e n t : E x h i b i t A - R e s i d e n t i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Commercial Commingled Recycling Bin Service CPI CPI Add back 50%Changes Changes 2.5%2018 Lbs/Yrd 3.5%1.0%of prior year rate Lbs/Yrd 3.5%from from 90% of Service &71.00 15.0%Pavement 90% of stabil. (remaining 57.00 15.0%Pavement current current Bin 2.3%Processing Processing Franchise Impact Total 0.9%50% to be Processing Franchise Impact Total 2019 2019 Size Freq Service*Catch Up 39.89$ Fee (a)Fee (b)Rate Service*taken in 2022)65.37$ Fee (a)Fee (b)Rate $% 2 1 63.04 4.63 12.27 11.99 2.80 94.73 65.57 4.66 16.15 12.96 3.02 102.36 7.63 8.05% 2 2 111.31 8.88 24.54 21.71 5.07 171.51 115.79 9.14 32.29 23.58 5.50 186.30 14.79 8.62% 2 3 174.34 36.82 31.67 7.39 250.22 181.36 13.11 48.44 36.44 8.50 287.85 37.63 15.04% 2 4 237.40 49.09 42.97 10.03 339.49 246.96 17.56 64.59 49.37 11.52 390.00 50.51 14.88% 2 5 299.85 61.36 54.18 12.64 428.03 311.93 22.00 80.73 62.20 14.51 491.37 63.34 14.80% 2 6 363.17 73.63 65.52 15.29 517.61 377.80 26.45 96.88 75.17 17.54 593.84 76.23 14.73% 3 1 80.87 6.60 18.41 15.88 3.71 125.47 84.13 6.82 24.22 17.28 4.03 136.48 11.01 8.78% 3 2 147.38 12.84 36.82 29.56 6.90 233.50 153.32 13.45 48.44 32.28 7.53 255.02 21.52 9.22% 3 3 228.36 55.22 42.54 9.93 336.05 237.56 19.16 72.66 49.41 11.53 390.32 54.27 16.15% 3 4 318.73 73.63 58.85 13.73 464.94 331.57 25.76 96.88 68.13 15.90 538.24 73.30 15.77% 3 5 390.20 92.04 72.34 16.88 571.46 405.92 32.07 121.10 83.86 19.57 662.52 91.06 15.93% 3 6 470.85 110.45 87.20 20.35 688.85 489.82 38.52 145.32 101.05 23.58 798.29 109.44 15.89% 4 1 106.66 8.77 24.54 21.00 4.90 165.87 110.96 9.08 32.29 22.85 5.33 180.51 14.64 8.83% 4 2 198.82 17.18 49.09 39.76 9.28 314.13 206.82 17.97 64.59 43.41 10.13 342.92 28.79 9.16% 4 3 305.58 73.63 56.88 13.27 449.36 317.89 25.55 96.88 66.05 15.41 521.78 72.42 16.12% 4 4 412.36 98.18 76.58 17.87 604.99 428.97 34.14 129.17 88.84 20.73 701.85 96.86 16.01% 4 5 521.12 122.72 96.58 22.53 762.95 542.11 42.77 161.47 111.95 26.12 884.42 121.47 15.92% 4 6 624.80 147.27 115.81 27.02 914.90 649.97 51.31 193.76 134.26 31.33 1,060.63 145.73 15.93% 6 1 152.22 12.96 36.82 30.30 7.07 239.37 158.35 13.51 48.44 33.05 7.71 261.06 21.69 9.06% 6 2 289.73 25.55 73.63 58.34 13.61 460.86 301.40 26.84 96.88 63.77 14.88 503.77 42.91 9.31% 6 3 442.54 110.45 82.95 19.35 655.29 460.37 38.08 145.32 96.57 22.53 762.87 107.58 16.42% 6 4 594.21 147.27 111.22 25.95 878.65 618.14 50.84 193.76 129.41 30.20 1,022.35 143.70 16.35% 6 5 746.45 184.08 139.58 32.57 1,102.68 776.52 63.61 242.20 162.35 37.88 1,282.56 179.88 16.31% 6 6 898.67 220.90 167.94 39.18 1,326.69 934.87 76.37 290.64 195.28 45.57 1,542.73 216.04 16.28% ----- * Service fee is adjusted at 90% of CPI (a) 15% of the sum of service and disposal (b) 3.5% of the sum of service and disposal Proposed 2021 Rate ComponentsCurrent 2019 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 5 Comm Recycling Bin G.5.c Packet Pg. 59 At t a c h m e n t : E x h i b i t B - C o m m e r c i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Commercial Bin Service CPI CPI Add back 50%Changes Changes 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.570$ 1.0%of prior year rate Fee per Yard Lbs/Yr 3.5%0.570$ from from 90% of Service &$0.15 131.00 Recycling 15.0%Pavement Street 90% of stabil. (remaining $0.15 110.00 2.73$ 15.0%Pavement Street current current Bin 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact Sweeping Total 0.9%50% to be Compliance 38.00$ Recycling Franchise Impact Sweeping Total 2019 2019 Size Freq Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate Service*taken in 2022)Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate $% 2 1 63.04 0.28 1.30 22.45 14.99 15.31 3.57 4.94 125.88 65.57 6.70 1.30 18.11 23.66 17.30 4.04 4.94 141.62 15.74 12.50% 2 2 111.31 0.18 2.60 44.90 29.99 28.35 6.61 9.88 233.82 115.79 13.22 2.60 36.23 47.32 32.27 7.53 9.88 264.84 31.02 13.27% 2 3 174.34 0.47 3.90 67.35 44.98 43.66 10.19 14.82 359.71 181.36 19.92 3.90 54.34 70.98 49.58 11.57 14.82 406.47 46.76 13.00% 2 4 237.40 0.75 5.20 89.80 59.97 58.97 13.76 19.76 485.61 246.96 26.63 5.20 72.45 94.64 66.88 15.61 19.76 548.13 62.52 12.87% 2 5 299.85 1.02 6.50 112.26 74.97 74.19 17.31 24.70 610.80 311.93 33.31 6.50 90.57 118.30 84.09 19.62 24.70 689.02 78.22 12.81% 2 6 363.17 1.30 7.80 134.71 89.96 89.54 20.89 29.64 737.01 377.80 40.03 7.80 108.68 141.96 101.44 23.67 29.64 831.02 94.01 12.76% Add. Pickup (on-site) trash/commingled 7.55 (0.11)5.18 3.46 2.41 0.56 0.00 19.05 7.85 1.42 4.18 5.46 2.84 0.66 0.00 22.41 3.36 17.64% Add. Pickup (unsched) trash/commingled 23.60 0.30 5.18 3.46 4.88 1.14 0.00 38.56 24.55 1.63 4.18 5.46 5.37 1.25 0.00 42.44 3.88 10.06% 3 1 80.87 0.08 1.95 33.68 22.49 20.86 4.87 7.41 172.21 84.13 9.88 1.95 27.17 35.49 23.79 5.55 7.41 195.37 23.16 13.45% 3 2 147.38 (0.21)3.90 67.35 44.98 39.51 9.22 14.82 326.95 153.32 19.58 3.90 54.34 70.98 45.32 10.57 14.82 372.83 45.88 14.03% 3 3 228.36 (0.13)5.85 101.03 67.47 60.39 14.09 22.23 499.29 237.56 29.46 5.85 81.51 106.47 69.13 16.13 22.23 568.34 69.05 13.83% 3 4 318.73 0.18 7.80 134.71 89.96 82.71 19.30 29.64 683.03 331.57 39.46 7.80 108.68 141.96 94.42 22.03 29.64 775.56 92.53 13.55% 3 5 390.20 0.02 9.75 168.38 112.45 102.12 23.83 37.05 843.80 405.92 49.23 9.75 135.85 177.45 116.73 27.24 37.05 959.22 115.42 13.68% 3 6 470.85 0.09 11.70 202.06 134.94 122.95 28.69 44.46 1,015.74 489.82 59.10 11.70 163.02 212.94 140.49 32.78 44.46 1,154.31 138.57 13.64% Add. Pickup (on-site) trash/commingled 7.55 (0.26)7.77 5.19 3.04 0.71 0.00 24.00 7.85 2.08 6.27 8.19 3.66 0.85 0.00 28.90 4.90 20.42% Add. Pickup (unsched) trash/commingled 23.60 0.15 7.77 5.19 5.51 1.28 0.00 43.50 24.55 2.29 6.27 8.19 6.20 1.45 0.00 48.95 5.45 12.53% 4 1 106.66 0.07 2.60 44.90 29.99 27.63 6.45 9.88 228.18 110.96 13.16 2.60 36.23 47.32 31.54 7.36 9.88 259.05 30.87 13.53% 4 2 198.82 (0.22)5.20 89.80 59.97 53.04 12.37 19.76 438.74 206.82 26.14 5.20 72.45 94.64 60.79 14.18 19.76 499.98 61.24 13.96% 4 3 305.58 (0.16)7.80 134.71 89.96 80.68 18.83 29.64 667.04 317.89 39.30 7.80 108.68 141.96 92.34 21.55 29.64 759.16 92.12 13.81% 4 4 412.36 (0.08)10.40 179.61 119.95 108.34 25.28 39.52 895.38 428.97 52.45 10.40 144.91 189.28 123.90 28.91 39.52 1,018.34 122.96 13.73% 4 5 521.12 0.05 13.00 224.51 149.93 136.29 31.80 49.40 1,126.10 542.11 65.64 13.00 181.13 236.60 155.77 36.35 49.40 1,280.00 153.90 13.67% 4 6 624.80 0.04 15.60 269.41 179.92 163.47 38.14 59.28 1,350.66 649.97 78.76 15.60 217.36 283.92 186.84 43.60 59.28 1,535.33 184.67 13.67% Add. Pickup (on-site) trash/commingled 7.55 (0.42)10.36 6.92 3.66 0.85 0.00 28.92 7.85 2.75 8.36 10.92 4.48 1.05 0.00 35.41 6.49 22.44% Add. Pickup (unsched) trash/commingled 23.60 (0.01)10.36 6.92 6.13 1.43 0.00 48.43 24.55 2.95 8.36 10.92 7.02 1.64 0.00 55.44 7.01 14.47% 6 1 152.22 (0.09)3.90 67.35 44.98 40.25 9.39 14.82 332.82 158.35 19.64 3.90 54.34 70.98 46.08 10.75 14.82 378.86 46.04 13.83% 6 2 289.73 (0.56)7.80 134.71 89.96 78.25 18.26 29.64 647.79 301.40 39.10 7.80 108.68 141.96 89.84 20.96 29.64 739.38 91.59 14.14% 6 3 442.54 (0.63)11.70 202.06 134.94 118.59 27.67 44.46 981.33 460.37 58.74 11.70 163.02 212.94 136.02 31.74 44.46 1,118.99 137.66 14.03% 6 4 594.21 (0.73)15.60 269.41 179.92 158.76 37.04 59.28 1,313.49 618.14 78.38 15.60 217.36 283.92 182.01 42.47 59.28 1,497.16 183.67 13.98% 6 5 746.45 (0.82)19.50 336.77 224.90 199.02 46.44 74.10 1,646.36 776.52 98.01 19.50 271.70 354.90 228.09 53.22 74.10 1,876.04 229.68 13.95% 6 6 898.67 (0.91)23.40 404.12 269.88 239.27 55.83 88.92 1,979.18 934.87 117.65 23.40 326.04 425.88 274.18 63.97 88.92 2,254.91 275.73 13.93% Add. Pickup (on-site) trash/commingled 7.55 (0.72)15.54 10.38 4.91 1.15 0.00 38.81 7.85 4.07 12.54 16.38 6.13 1.43 0.00 48.40 9.59 24.71% Add. Pickup (unsched) trash/commingled 23.60 (0.31)15.54 10.38 7.38 1.72 0.00 58.31 24.55 4.28 12.54 16.38 8.66 2.02 0.00 68.43 10.12 17.36% Add'l Charges T-Bins - 3 yards (COD); same rate for addtl empties 23.60 (1.37)33.68 22.49 11.76 2.74 N/A 92.90 24.55 8.91 27.17 35.49 14.42 3.36 N/A 113.90 21.00 22.60% 96 Gal Commingled Recycling N/C N/C N/A Extra Recycling Barrel 2.29 2.31 0.02 0.87% Locks Burned Bin 299.25 7.56 46.02 N/A N/A 352.83 311.31 3.78 47.26 N/A N/A 362.35 9.52 2.70% Bin Exchanges 63.06 1.59 9.70 N/A N/A 74.35 65.60 0.80 9.96 N/A N/A 76.36 2.01 2.70% Lock Rental (Monthly)12.83 0.32 1.97 N/A N/A 15.12 13.35 0.17 2.03 N/A N/A 15.55 0.43 2.84% Lost or Stolen Bin 534.36 13.50 82.18 N/A N/A 630.04 555.89 6.75 84.40 N/A N/A 647.04 17.00 2.70% Overage 35.89 0.91 5.52 N/A N/A 42.32 37.33 0.46 5.67 N/A N/A 43.46 1.14 2.69% Replaced Key 5.34 0.13 0.82 N/A N/A 6.29 5.56 0.07 0.84 N/A N/A 6.47 0.18 2.86% Replaced Lock 26.71 0.67 4.11 N/A N/A 31.49 27.79 0.34 4.22 N/A N/A 32.35 0.86 2.73% ----- * Service fee is adjusted at 90% of CPI (a) 15% of the sum of service and disposal (b) 3.5% of the sum of service and disposal Proposed 2021 Rate ComponentsCurrent 2019 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 6 Comm Refuse G.5.c Packet Pg. 60 At t a c h m e n t : E x h i b i t B - C o m m e r c i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Multi-Family Commercial Bin Service CPI CPI Add back 50%Changes Changes 2.5%2018 Fee per Yard Lbs/Yr 3.5%0.160$ 0.570$ 1.0%of prior year rate Fee per Yard Lbs/Yr 3.5%0.160$ 0.570$ from from 90% of Service &$0.15 131.00 Recycling 15.0%Pavement Street 90% of stabil. (remaining $0.15 110.00 2.73$ 15.0%Pavement Street current current Bin 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact HHW Sweeping Total 0.9%50% to be Compliance 38.00$ Recycling Franchise Impact HHW Sweeping Total 2019 2019 Size Freq Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Fee Rate Service*taken in 2022)Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Fee Rate $% 2 1 63.04 0.28 1.30 22.45 14.99 15.31 3.57 1.39 4.94 127.27 65.57 6.70 1.30 18.11 23.66 17.30 4.04 1.39 4.94 143.01 15.74 12.37% 2 2 111.31 0.19 2.60 44.90 29.99 28.35 6.61 2.77 9.88 236.60 115.79 13.21 2.60 36.22 47.32 32.27 7.53 2.77 9.88 267.59 30.99 13.10% 2 3 174.34 0.47 3.90 67.35 44.98 43.66 10.19 4.16 14.82 363.87 181.36 19.91 3.90 54.33 70.98 49.57 11.57 4.16 14.82 410.60 46.73 12.84% 2 4 237.40 0.77 5.20 89.80 59.97 58.97 13.76 5.55 19.76 491.18 246.96 26.61 5.20 72.44 94.64 66.88 15.60 5.55 19.76 553.64 62.46 12.72% 2 5 299.85 1.03 6.50 112.25 74.97 74.19 17.31 6.93 24.70 617.73 311.93 33.30 6.50 90.55 118.30 84.09 19.62 6.93 24.70 695.92 78.19 12.66% 2 6 363.17 1.32 7.80 134.70 89.96 89.54 20.89 8.32 29.64 745.34 377.80 40.01 7.80 108.66 141.96 101.43 23.67 8.32 29.64 839.29 93.95 12.60% Add. Pickup (on-site)7.55 (0.11)5.18 3.46 2.41 0.56 0.00 0.00 19.05 7.85 1.42 4.18 5.46 2.84 0.66 0.00 0.00 22.41 3.36 17.64% Add. Pickup (unsched)23.60 0.30 5.18 3.46 4.88 1.14 0.00 0.00 38.56 24.55 1.63 4.18 5.46 5.37 1.25 0.00 0.00 42.44 3.88 10.06% 3 1 80.87 0.08 1.95 33.68 22.49 20.86 4.87 2.08 7.41 174.29 84.13 9.88 1.95 27.17 35.49 23.79 5.55 2.08 7.41 197.45 23.16 13.29% 3 2 147.38 (0.21)3.90 67.37 44.98 39.51 9.22 4.16 14.82 331.13 153.32 19.58 3.90 54.35 70.98 45.32 10.57 4.16 14.82 377.00 45.87 13.85% 3 3 228.36 (0.13)5.85 101.05 67.47 60.39 14.09 6.24 22.23 505.55 237.56 29.46 5.85 81.52 106.47 69.13 16.13 6.24 22.23 574.59 69.04 13.66% 3 4 318.73 0.18 7.80 134.74 89.96 82.71 19.30 8.32 29.64 691.38 331.57 39.46 7.80 108.70 141.96 94.42 22.03 8.32 29.64 783.90 92.52 13.38% 3 5 390.20 0.02 9.75 168.42 112.45 102.13 23.83 10.40 37.05 854.25 405.92 49.22 9.75 135.87 177.45 116.73 27.24 10.40 37.05 969.63 115.38 13.51% 3 6 470.85 0.09 11.70 202.11 134.94 122.95 28.69 12.48 44.46 1,028.27 489.82 59.09 11.70 163.05 212.94 140.49 32.78 12.48 44.46 1,166.81 138.54 13.47% Add. Pickup (on-site)7.55 (0.26)7.77 5.19 3.04 0.71 0.00 0.00 24.00 7.85 2.08 6.27 8.19 3.66 0.85 0.00 0.00 28.90 4.90 20.42% Add. Pickup (unsched)23.60 0.15 7.77 5.19 5.51 1.28 0.00 0.00 43.50 24.55 2.29 6.27 8.19 6.20 1.45 0.00 0.00 48.95 5.45 12.53% 4 1 106.66 0.07 2.60 44.90 29.99 27.63 6.45 2.77 9.88 230.95 110.96 13.16 2.60 36.23 47.32 31.54 7.36 2.77 9.88 261.82 30.87 13.37% 4 2 198.82 (0.22)5.20 89.80 59.97 53.04 12.37 5.55 19.76 444.29 206.82 26.13 5.20 72.46 94.64 60.79 14.18 5.55 19.76 505.53 61.24 13.78% 4 3 305.58 (0.16)7.80 134.70 89.96 80.68 18.83 8.32 29.64 675.35 317.89 39.30 7.80 108.69 141.96 92.35 21.55 8.32 29.64 767.50 92.15 13.64% 4 4 412.36 (0.08)10.40 179.60 119.95 108.33 25.28 11.09 39.52 906.45 428.97 52.45 10.40 144.92 189.28 123.90 28.91 11.09 39.52 1,029.44 122.99 13.57% 4 5 521.12 0.04 13.00 224.50 149.93 136.29 31.80 13.87 49.40 1,139.95 542.11 65.65 13.00 181.15 236.60 155.78 36.35 13.87 49.40 1,293.91 153.96 13.51% 4 6 624.80 0.03 15.60 269.40 179.92 163.46 38.14 16.64 59.28 1,367.27 649.97 78.77 15.60 217.38 283.92 186.85 43.60 16.64 59.28 1,552.01 184.74 13.51% Add. Pickup (on-site)7.55 (0.42)10.36 6.92 3.66 0.85 0.00 0.00 28.92 7.85 2.75 8.36 10.92 4.48 1.05 0.00 0.00 35.41 6.49 22.44% Add. Pickup (unsched)23.60 (0.01)10.36 6.92 6.13 1.43 0.00 0.00 48.43 24.55 2.95 8.36 10.92 7.02 1.64 0.00 0.00 55.44 7.01 14.47% 6 1 152.22 (0.09)3.90 67.35 44.98 40.25 9.39 4.16 14.82 336.98 158.35 19.64 3.90 54.34 70.98 46.08 10.75 4.16 14.82 383.02 46.04 13.66% 6 2 289.73 (0.55)7.80 134.70 89.96 78.25 18.26 8.32 29.64 656.11 301.40 39.09 7.80 108.68 141.96 89.84 20.96 8.32 29.64 747.69 91.58 13.96% 6 3 442.54 (0.63)11.70 202.05 134.94 118.59 27.67 12.48 44.46 993.80 460.37 58.74 11.70 163.02 212.94 136.02 31.74 12.48 44.46 1,131.47 137.67 13.85% 6 4 594.21 (0.73)15.60 269.40 179.92 158.76 37.04 16.64 59.28 1,330.12 618.14 78.37 15.60 217.36 283.92 182.01 42.47 16.64 59.28 1,513.79 183.67 13.81% 6 5 746.45 (0.81)19.50 336.75 224.90 199.02 46.44 20.80 74.10 1,667.15 776.52 98.00 19.50 271.70 354.90 228.09 53.22 20.80 74.10 1,896.83 229.68 13.78% 6 6 898.67 (0.90)23.40 404.10 269.88 239.27 55.83 24.96 88.92 2,004.13 934.87 117.64 23.40 326.04 425.88 274.17 63.97 24.96 88.92 2,279.85 275.72 13.76% Add. Pickup (on-site)7.55 (0.72)15.54 10.38 4.91 1.15 0.00 0.00 38.81 7.85 4.07 12.54 16.38 6.13 1.43 0.00 0.00 48.40 9.59 24.71% Add. Pickup (unsched)23.60 (0.31)15.54 10.38 7.38 1.72 0.00 0.00 58.31 24.55 4.28 12.54 16.38 8.66 2.02 0.00 0.00 68.43 10.12 17.36% Add'l Charges T-Bins - 3 yards (COD)23.60 (1.37)33.68 22.49 11.76 2.74 N/A N/A 92.90 24.55 8.91 27.17 35.49 14.42 3.36 N/A N/A 113.90 21.00 22.60% 96 Gal Commingled Recycling N/C N/C Extra Recycling Barrel 2.29 2.31 0.02 0.87% Locks Burned Bin 299.25 7.56 46.02 N/A N/A N/A 352.83 311.31 3.78 47.26 N/A N/A N/A 362.35 9.52 2.70% Exchanges 63.06 1.59 9.70 N/A N/A N/A 74.35 65.60 0.80 9.96 N/A N/A N/A 76.36 2.01 2.70% Lock Rental (Monthly)12.83 0.32 1.97 N/A N/A N/A 15.12 13.35 0.17 2.03 N/A N/A N/A 15.55 0.43 2.84% Lost or Stolen Bin 534.36 13.50 82.18 N/A N/A N/A 630.04 555.89 6.75 84.40 N/A N/A N/A 647.04 17.00 2.70% Overage 35.89 0.91 5.52 N/A N/A N/A 42.32 37.33 0.46 5.67 N/A N/A N/A 43.46 1.14 2.69% Replaced Key 5.34 0.13 0.82 N/A N/A N/A 6.29 5.56 0.07 0.84 N/A N/A N/A 6.47 0.18 2.86% Replaced Lock 26.71 0.67 4.11 N/A N/A N/A 31.49 27.79 0.34 4.22 N/A N/A N/A 32.35 0.86 2.73% ----- * Service fee is adjusted at 90% of CPI (a) 15% of the sum of service and disposal (b) 3.5% of the sum of service and disposal Proposed 2021 Rate CompenentsCurrent 2019 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 7 MF Refuse G.5.c Packet Pg. 61 At t a c h m e n t : E x h i b i t B - C o m m e r c i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Commercial Compactor Bin Service CPI CPI Add back 50%Changes Changes 2.5%2018 Fee per Yard 3.5%0.570$ 1.0%of prior year rate Fee per Yard 3.5%0.570$ from from 90% of Service &$0.15 375.00 Recycling 15.0%Pavement Street 90% of stabil. (remaining $0.15 375.00 2.73$ 15.0%Pavement Street current current Bin 2.3%Disposal Compliance 39.55$ 1.73$ Franchise Impact Sweeping Total 0.9%50% to be Compliance 38.00$ Recycling Franchise Impact Sweeping Total 2019 2019 Size Freq Service*Catch Up Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate Service*taken in 2022)Fee to Burrtec Disposal Fee Fee (a)Fee (b)Fee Rate $% 2 1 65.87 3.13 1.30 64.27 14.99 22.43 5.23 4.94 182.16$ 68.52 5.93 1.30 61.75 23.66 24.17 5.64 4.94 195.91$ 13.75 7.55% 2 2 116.69 5.88 2.60 128.54 29.99 42.56 9.93 9.88 346.07$ 121.39 11.67 2.60 123.50 47.32 45.97 10.73 9.88 373.06$ 26.99 7.80% 2 3 182.56 8.99 3.90 192.81 44.98 64.99 15.16 14.82 528.21$ 189.91 17.60 3.90 185.25 70.98 70.15 16.37 14.82 568.98$ 40.77 7.72% 2 4 248.45 12.13 5.20 257.08 59.97 87.42 20.40 19.76 710.41$ 258.46 23.53 5.20 247.00 94.64 94.32 22.01 19.76 764.92$ 54.51 7.67% 2 5 313.74 15.24 6.50 321.34 74.97 109.77 25.61 24.70 891.87$ 326.38 29.45 6.50 308.75 118.30 118.41 27.63 24.70 960.12$ 68.25 7.65% 2 6 379.89 18.37 7.80 385.61 89.96 132.24 30.86 29.64 1,074.37$ 395.20 35.38 7.80 370.50 141.96 142.63 33.28 29.64 1,156.39$ 82.02 7.63% Add. Pickup (on-site)7.55 0.53 14.83 3.46 3.96 0.92 0.00 31.25$ 7.85 1.23 14.25 5.46 4.32 1.01 0.00 34.12$ 2.87 9.18% Add. Pickup (unsched)23.60 0.94 14.83 3.46 6.42 1.50 0.00 50.75$ 24.55 1.44 14.25 5.46 6.86 1.60 0.00 54.16$ 3.41 6.72% 3 1 84.84 4.34 1.95 96.40 22.49 31.50 7.35 7.41 256.28$ 88.26 8.73 1.95 92.63 35.49 34.06 7.95 7.41 276.48$ 20.20 7.88% 3 2 155.00 8.30 3.90 192.81 44.98 60.75 14.17 14.82 494.73$ 161.25 17.26 3.90 185.25 70.98 65.80 15.35 14.82 534.61$ 39.88 8.06% 3 3 239.92 12.64 5.85 289.21 67.47 92.26 21.53 22.23 751.11$ 249.59 25.97 5.85 277.88 106.47 99.86 23.30 22.23 811.15$ 60.04 7.99% 3 4 324.53 16.98 7.80 385.61 89.96 123.73 28.87 29.64 1,007.12$ 337.60 34.68 7.80 370.50 141.96 133.88 31.24 29.64 1,087.30$ 80.18 7.96% 3 5 409.71 21.32 9.75 482.02 112.45 155.29 36.23 37.05 1,263.82$ 426.21 43.40 9.75 463.13 177.45 167.99 39.20 37.05 1,364.18$ 100.36 7.94% 3 6 494.30 25.64 11.70 578.42 134.94 186.75 43.58 44.46 1,519.79$ 514.21 52.12 11.70 555.75 212.94 202.01 47.14 44.46 1,640.33$ 120.54 7.93% Add. Pickup (on-site)7.55 0.70 22.25 5.19 5.35 1.25 0.00 42.29$ 7.85 1.81 21.38 8.19 5.88 1.37 0.00 46.48$ 4.19 9.91% Add. Pickup (unsched)23.60 1.11 22.25 5.19 7.82 1.83 0.00 61.80$ 24.55 2.01 21.38 8.19 8.42 1.96 0.00 66.51$ 4.71 7.62% 4 1 111.90 5.75 2.60 128.54 29.99 41.82 9.76 9.88 340.24$ 116.41 11.61 2.60 123.50 47.32 45.22 10.55 9.88 367.09$ 26.85 7.89% 4 2 208.99 11.13 5.20 257.08 59.97 81.36 18.98 19.76 662.47$ 217.41 23.03 5.20 247.00 94.64 88.09 20.55 19.76 715.68$ 53.21 8.03% 4 3 321.03 16.88 7.80 385.61 89.96 123.19 28.74 29.64 1,002.85$ 333.96 34.64 7.80 370.50 141.96 133.33 31.11 29.64 1,082.94$ 80.09 7.99% 4 4 433.06 22.64 10.40 514.15 119.95 165.03 38.51 39.52 1,343.26$ 450.50 46.24 10.40 494.00 189.28 178.56 41.66 39.52 1,450.16$ 106.90 7.96% 4 5 545.07 28.39 13.00 642.69 149.93 206.86 48.27 49.40 1,683.61$ 567.03 57.86 13.00 617.50 236.60 223.80 52.22 49.40 1,817.41$ 133.80 7.95% 4 6 655.97 34.12 15.60 771.23 179.92 248.53 57.99 59.28 2,022.64$ 682.40 69.45 15.60 741.00 283.92 268.86 62.73 59.28 2,183.24$ 160.60 7.94% Add. Pickup (on-site)7.55 0.87 29.66 6.92 6.75 1.58 0.00 53.33$ 7.85 2.37 28.50 10.92 7.45 1.74 0.00 58.83$ 5.50 10.31% Add. Pickup (unsched)23.60 1.28 29.66 6.92 9.22 2.15 0.00 72.83$ 24.55 2.58 28.50 10.92 9.98 2.33 0.00 78.86$ 6.03 8.28% * Service fee is adjusted at 90% of CPI (a) 15% of the sum of service and disposal (b) 3.5% of the sum of service and disposal Proposed 2021 Rate ComponentsCurrent 2019 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 8 Comm Compactor G.5.c Packet Pg. 62 At t a c h m e n t : E x h i b i t B - C o m m e r c i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Rolloff Service CPI CPI Add back 50%Changes Changes 2.5%2018 Fee per Load 3.5%1.0%of prior year rate Fee per Load 3.5%from from 90% of Service &$2.75 15.0%Pavement 90% of stabil. (remaining $2.75 15.0%Pavement current current 2.3%Disposal Compliance 51.55$ Franchise Impact Total 0.9%50% to be Compliance 50.00$ Franchise Impact Total 2019 2019 Size Tons Service*Catch Up Fee to Burrtec Disposal Fee (a)Fee (b)Rate Service*taken in 2022)Fee to Burrtec Disposal Fee (a)Fee (b)Rate $% Permanent 40 6 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 202.48 2.80 2.75 Actual 31.20 7.28 246.51$ 6.77 2.82% 20 6 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 202.48 2.80 2.75 Actual 31.20 7.28 246.51$ 6.77 2.82% 10 8 194.64 4.92 2.75 Actual 30.35 7.08 239.74$ 202.48 2.80 2.75 Actual 31.20 7.28 246.51$ 6.77 2.82% 40 194.64 4.92 Actual 29.93 6.98 236.47$ 202.48 2.46 Actual 30.74 7.17 242.85$ 6.38 2.70% (Recycling) 40 194.64 4.92 Actual 29.93 6.98 236.47$ 202.48 2.46 Actual 30.74 7.17 242.85$ 6.38 2.70% (Green Waste) 40 8 217.51 5.49 2.75 Actual 33.86 7.90 267.51$ 226.27 3.09 2.75 Actual 34.82 8.12 275.05$ 7.54 2.82% (Compactor) Temporary 40 6 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 226.27 1.80 2.75 300.00 79.62 18.58 629.02$ (5.02)-0.79% 20 6 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 226.27 1.80 2.75 300.00 79.62 18.58 629.02$ (5.02)-0.79% 10 6 217.51 5.49 2.75 309.30 80.26 18.73 634.04$ 226.27 1.80 2.75 300.00 79.62 18.58 629.02$ (5.02)-0.79% 40 (Rent per Day)25.96 0.66 N/A 3.89 0.91 31.42$ 27.00 0.40 N/A 4.05 0.95 32.40$ 0.98 3.12% Roll Off Liner n/a 100.90 15.14 3.53 119.57$ n/a n/a Dump Fee 51.55 7.73 1.80 61.08$ (0.22)50.00 7.47 1.74 58.99$ (2.09)-3.42% (Temp. Additional Over 5 Tons)51.55 7.73 1.80 61.08$ (0.22)50.00 7.47 1.74 58.99$ (2.09)-3.42% * Service fee is adjusted at 90% of CPI (a) 15% of the sum of service and disposal (b) 3.5% of the service Perm. Box serviced a minimum of four (4) times per month and left on premises full time Temp. Box serviced a minimum of one time every seven (7) days Rental Charges Perm. Box container rental fee of $226.80 for each minimum load shortfall Temp. Box container rental fee of $32.40 per day for each extra day beyond allotted time Proposed 2021 Rate ComponentsCurrent 2019 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 9 Rolloff G.5.c Packet Pg. 63 At t a c h m e n t : E x h i b i t B - C o m m e r c i a l R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Green Waste Bin Service CPI CPI Add back 50%Changes Changes 2.5%2018 3.5%0.570$ 1.0%of prior year rate 3.5%0.570$ from from 90% of Service &145.88 15.0%Pavement Street 90% of stabil. (remaining 145.88 15.0%Pavement Street current current Bin 2.3%Disposal 50.09$ Franchise Impact Sweeping Total 0.9%50% to be 53.26$ Franchise Impact Sweeping Total 2019 2019 Size Freq Service Catch Up Disposal Fee (a)Fee (b)Fee Rate Service taken in 2022)Disposal Fee (a)Fee (b)Fee Rate $% 2 1 63.04 5.88 31.66 15.09 3.52 4.94 124.13$ 65.57 0.43 33.67 14.95 3.49 4.94 123.05$ (1.08)-0.87% 2 2 111.31 11.37 63.33 27.90 6.51 9.88 230.30$ 115.79 0.67 67.34 27.57 6.43 9.88 227.68$ (2.62)-1.14% 2 3 174.34 17.25 94.99 42.99 10.03 14.82 354.42$ 181.36 1.10 101.00 42.52 9.92 14.82 350.72$ (3.70)-1.04% 2 4 237.40 23.13 126.66 58.08 13.55 19.76 478.58$ 246.96 1.53 134.67 57.47 13.41 19.76 473.80$ (4.78)-1.00% 2 5 299.85 28.99 158.32 73.07 17.05 24.70 601.98$ 311.93 1.95 168.34 72.33 16.88 24.70 596.13$ (5.85)-0.97% 2 6 363.17 34.87 189.99 88.20 20.58 29.64 726.45$ 377.80 2.38 202.01 87.33 20.38 29.64 719.54$ (6.91)-0.95% Add. Pickup (on-site)7.55 1.18 7.31 2.41 0.56 0.00 19.01$ 7.85 0.01 7.77 2.34 0.55 0.00 18.52$ (0.49)-2.58% Add. Pickup (unsched)23.60 1.59 7.31 4.88 1.14 0.00 38.52$ 24.55 0.22 7.77 4.88 1.14 0.00 38.56$ 0.04 0.10% 3 1 80.87 8.47 47.50 20.53 4.79 7.41 169.57$ 84.13 0.47 50.50 20.27 4.73 7.41 167.51$ (2.06)-1.21% 3 2 147.38 16.58 94.99 38.84 9.06 14.82 321.67$ 153.32 0.76 101.00 38.26 8.93 14.82 317.09$ (4.58)-1.42% 3 3 228.36 25.04 142.49 59.38 13.86 22.23 491.36$ 237.56 1.23 151.51 58.55 13.66 22.23 484.74$ (6.62)-1.35% 3 4 318.73 33.74 189.99 81.37 18.99 29.64 672.46$ 331.57 1.82 202.01 80.31 18.74 29.64 664.09$ (8.37)-1.24% 3 5 390.20 41.98 237.48 100.45 23.44 37.05 830.60$ 405.92 2.17 252.51 99.09 23.12 37.05 819.86$ (10.74)-1.29% 3 6 470.85 50.44 284.98 120.94 28.22 44.46 999.89$ 489.82 2.63 303.01 119.32 27.84 44.46 987.08$ (12.81)-1.28% Add. Pickup (on-site)7.55 1.68 10.96 3.03 0.71 0.00 23.93$ 7.85 (0.04)11.65 2.92 0.68 0.00 23.06$ (0.87)-3.64% Add. Pickup (unsched)23.60 2.08 10.96 5.50 1.28 0.00 43.42$ 24.55 0.17 11.65 5.46 1.27 0.00 43.10$ (0.32)-0.74% 4 1 106.66 11.25 63.33 27.19 6.34 9.88 224.65$ 110.96 0.62 67.34 26.84 6.26 9.88 221.90$ (2.75)-1.22% 4 2 198.82 22.16 126.66 52.15 12.17 19.76 431.72$ 206.82 1.04 134.67 51.38 11.99 19.76 425.66$ (6.06)-1.40% 4 3 305.58 33.41 189.99 79.35 18.51 29.64 656.48$ 317.89 1.65 202.01 78.23 18.25 29.64 647.67$ (8.81)-1.34% 4 4 412.36 44.68 253.31 106.55 24.86 39.52 881.28$ 428.97 2.26 269.35 105.09 24.52 39.52 869.71$ (11.57)-1.31% 4 5 521.12 55.99 316.64 134.06 31.28 49.40 1,108.49$ 542.11 2.90 336.68 132.25 30.86 49.40 1,094.20$ (14.29)-1.29% 4 6 624.80 67.18 379.97 160.79 37.52 59.28 1,329.54$ 649.97 3.47 404.02 158.62 37.01 59.28 1,312.37$ (17.17)-1.29% Add. Pickup (on-site)7.55 2.17 14.61 3.65 0.85 0.00 28.83$ 7.85 (0.08)15.54 3.50 0.82 0.00 27.63$ (1.20)-4.16% Add. Pickup (unsched)23.60 2.58 14.61 6.12 1.43 0.00 48.34$ 24.55 0.13 15.54 6.03 1.41 0.00 47.66$ (0.68)-1.41% ----- (a) 15% of the sum of service and disposal (b) 3.5% of the sum of service and disposal Current 2019 Rate Components Proposed 2021 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 10 GW Bins G.5.d Packet Pg. 64 At t a c h m e n t : E x h i b i t C - G r e e n W a s t e a n d F o o d W a s t e R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Food Waste Rates CPI CPI Add back 50%Changes Changes 2.5%2018 Lbs/Yd 1.0%of prior year rate Lbs/Yd from from 90% of Service &400.00 90% of stabil. (remaining 400.00 current current Bin 2.3%Processing Processing Franch. Fee Pav. Fee Street Sweep Total 0.9%50% to be Processing Franch. Fee Pav. Fee Street Sweep Total 2019 2019 Size Freq Service Catch Up 84.24$ 15.0%3.5%0.570$ Rate Service taken in 2022)88.74$ 15.0%3.5%0.570$ Rate $% 2 1 $102.30 6.27 $146.02 $38.19 $8.91 $4.94 $306.63 $106.42 5.09 $153.82 $39.04 $9.11 $4.94 $318.42 11.79 3.85% 2 2 $165.44 11.54 $292.03 $70.35 $16.42 $9.88 $565.66 $172.11 9.68 $307.63 $71.96 $16.79 $9.88 $588.05 22.39 3.96% 2 3 $216.01 16.51 $438.05 $100.59 $23.47 $14.82 $809.45 $224.71 14.11 $461.45 $102.92 $24.02 $14.82 $842.03 32.58 4.02% 2 4 $267.69 21.49 $584.06 $130.99 $30.56 $19.76 $1,054.55 $278.47 18.55 $615.26 $134.06 $31.28 $19.76 $1,097.38 42.83 4.06% 2 5 $343.53 27.09 $730.08 $165.11 $38.52 $24.70 $1,329.03 $357.37 23.30 $769.08 $168.97 $39.43 $24.70 $1,382.85 53.82 4.05% 2 6 $369.27 31.43 $876.10 $191.52 $44.69 $29.64 $1,542.65 $384.15 27.42 $922.90 $196.06 $45.75 $29.64 $1,605.92 63.27 4.10% Lbs/Barrel Lbs/Barrel 200.00 200.00 Processing Processing 84.24$ 88.74$ 65Gal 1 $27.01 1.60 $36.50 $9.77 $2.28 $0.80 $77.96 $28.10 1.30 $38.45 $9.98 $2.33 $0.80 $80.96 3.00 3.85% 65Gal 2 $43.68 2.94 $73.01 $17.94 $4.19 $1.61 $143.37 $45.44 2.45 $76.91 $18.35 $4.28 $1.61 $149.04 5.67 3.95% 65Gal 3 $57.04 4.20 $109.51 $25.61 $5.98 $2.41 $204.75 $59.34 3.57 $115.36 $26.21 $6.11 $2.41 $213.00 8.25 4.03% 65Gal 4 $70.68 5.47 $146.02 $33.33 $7.78 $3.21 $266.49 $73.53 4.69 $153.82 $34.10 $7.96 $3.21 $277.31 10.82 4.06% 65Gal 5 $90.71 6.90 $182.52 $42.02 $9.80 $4.01 $335.96 $94.36 5.89 $192.27 $42.99 $10.03 $4.01 $349.55 13.59 4.05% 65Gal 6 $97.51 7.99 $219.02 $48.68 $11.36 $4.82 $389.38 $101.43 6.92 $230.72 $49.82 $11.63 $4.82 $405.34 15.96 4.10% Current 2019 Rate Components Proposed 2021 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 11 FW Stand Alone & Prog Calc G.5.d Packet Pg. 65 At t a c h m e n t : E x h i b i t C - G r e e n W a s t e a n d F o o d W a s t e R a t e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Residential and Commercial - Special Services Push Bin Rates Push Bin Rates Push Bin Rates Per Pick-Up Frequency:per Pick Up 1/week 2/week 3/week 4/week 5/week 6/week per Pick Up 1/week 2/week 3/week 4/week 5/week 6/week 0-25 feet 0-25 feet 20.00$ 40.00$ 60.00$ 80.00$ 100.00$ 120.00$ 0-25 feet 20.81$ 41.61$ 62.42$ 83.22$ 104.03$ 124.83$ 26-50 feet 26-50 feet 40.00$ 80.00$ 120.00$ 160.00$ 200.00$ 240.00$ 26-50 feet 41.61$ 83.22$ 124.83$ 166.44$ 208.06$ 249.67$ 51-75 feet 50-75 Feet 60.00$ 120.00$ 180.00$ 240.00$ 300.00$ 360.00$ 50-75 Feet 62.42$ 124.83$ 187.25$ 249.67$ 312.08$ 374.50$ 76-100 feet Over 75 Feet Over 75 Feet CPI 1.0% 90%0.9% Proposed Rates 2021 Scout Service Required - Rate $150 per hour Current Rates 2019 Scout Service Required - Rate $150 per hour 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 13 Special Services G.5.e Packet Pg. 66 At t a c h m e n t : E x h i b i t D - S p e c i a l S e r v i c e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) Burrtec Waste Industries, Inc. City of Grand Terrace Effective October 1, 2021 Changes Changes 3.5%Add back 50%3.5%from from 15.0%Pavement of prior year rate 15.0%Pavement current current 2019 Franchise Impact 2021 stabil. (remaining Franchise Impact 2019 2019 Additional Services Rate Service Fee (a)Fee (b)Total Rate Service 50% to be in 2022)Fee (a)Fee (b)Total $% Residential & Commercial On-call Bulky Pickup - First Item $29.28 $24.71 3.71$ 0.86$ $29.28 $30.92 $25.71 0.39 3.91$ 0.91$ $30.92 $1.64 5.6% On-call Bulky Pickup - Each Additional Item $17.26 $14.57 2.18$ 0.51$ $17.26 $18.24 $15.16 0.23 2.31$ 0.54$ $18.24 $0.98 5.7% . Commercial Bin enclosure Clean Up - Per Hour $49.72 $41.95 6.30$ 1.47$ $49.72 $52.49 $43.64 0.65 6.65$ 1.55$ $52.49 $2.77 5.6% Extra Barrel $11.65 $9.83 1.48$ 0.34$ $11.65 $12.30 $10.22 0.15 1.57$ 0.36$ $12.30 $0.65 5.6% Residential Extra Pick Up - On Service Day $11.05 $9.32 1.40$ 0.33$ $11.05 $11.50 $9.70 1.46$ 0.34$ $11.50 $0.45 4.1% Extra Pick Up - All Other Days $22.10 $18.65 2.80$ 0.65$ $22.10 $22.99 $19.40 2.91$ 0.68$ $22.99 $0.89 4.0% Residential/Commercial Barrel Exchange (one exchange per year at n/a n/a $17.87 $15.08 2.26$ 0.53$ $17.87 n/a n/a no charge,does not apply to graffiti or damaged barrels Barrel Replacement n/a n/a $77.00 $64.98 9.75$ 2.27$ $77.00 n/a n/a resdl-customer damaged comml-lost or stolen Roll-Off Relocation/Extra Trip Charge (no pull)$79.18 $66.82 10.02$ 2.34$ $79.18 $83.59 $69.51 1.04 10.57$ 2.47$ $83.59 $4.41 5.6% Contamination Fee Barrel/Bin FW/Recycling/GW $56.27 $47.48 7.13$ 1.66$ $56.27 $59.40 $49.39 0.74 7.52$ 1.75$ $59.40 $3.13 5.6% Tilthopper $36.95 $31.19 4.67$ 1.09$ $36.95 $39.02 $32.45 0.49 4.93$ 1.15$ $39.02 $2.07 5.6% Certificate of Destruction Taken to San Bernardino County Landfill (per ton)n/a n/a $124.60 $105.15 15.77$ 3.68$ $124.60 n/a n/a 90% of CPI 2.3%0.9% Current 2019 Rate Components Proposed 2021 Rate Components 2021 Grand Terrace Rates 4-8-21_updated final WDA trash rate & AM fw rate-7-7-21 City file based on this file 14 Comm Add'l Fees G.5.e Packet Pg. 67 At t a c h m e n t : E x h i b i t D - S p e c i a l S e r v i c e s ( S e t t i n g a P u b l i c H e a r i n g R e l a t i n g t o R e f u s e R a t e A d j u s t m e n t s ) AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Development Activity Report PRESENTED BY: Steven Weiss, Planning & Development Services Director RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report identifies the monthly tasks associated with the delivery of projects to support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with Local, Regional and State Agencies to secure Funding for Programs and Projects. BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a roadmap to ensure that the City remains on target and reaches its overall goals. The 2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and projects that are aligned with the 2030 Vision goals. The goals include: • Ensure Our Fiscal Viability • Maintain Public Safety • Promote Economic Development • Develop and Implement Successful Partnerships • Engage in Proactive Communications DISCUSSION: The City Manager provides a Monthly report to the City Council that includes data for each department in the City. The number of projects and activities reported do not reflect everything staff is doing but rather highlights things they have worked on in the past month which may be of interest to City Council and the public. This report is updated monthly and posted to the City’s website on the fourth week of each month. Since the last monthly report, the City Council has requested more detail in terms of progress, project detail, outstanding issues, and projected scheduling regarding development projects currently in process (see attached). FISCAL IMPACT: This Development Activity Summary is an update and has no fiscal impact and is provided to the City Council with more detail regarding development projects in process. ATTACHMENTS: • Planning Development_Detail.2021 (002) (DOCX) G.6 Packet Pg. 68 APPROVALS: Steven Weiss Completed 07/06/2021 5:10 PM City Attorney Completed 07/07/2021 11:59 AM Finance Completed 07/07/2021 3:03 PM City Manager Completed 07/07/2021 10:24 PM City Council Pending 07/13/2021 6:00 PM G.6 Packet Pg. 69 Development Activity July 13, 2021 Grants Status Grant Amount Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017. Site visit completed in November 2017. Awarded. Community workshop held on 4/11/2019. $212,500 (Estimated Project cost $520,000) Specified Grant - Blue Mountain Trailhead and Trail Grant Non Competitive. Staff met with State Representatives and on August 15, 2019 and March 18, 2020– Property being negotiated with owner for access easement. 05-12-2021 - Interactive website presentation update by Hirsch and Associates. $1.2 Million Local Early Access Planning Gant(LEAP) Over-the-counter grant complemented with technical assistance for the preparation and adoption of the sixth-cycle Regional Housing Needs Assessment and the City’s Housing Element. $65,000 Regional Early Access Planning Grant (REAP) One-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate Staff support for the Housing Element Applications Received, Approved and/or Under Review Major Applications - Site and Architectural Review Date Submitted Case No. Applicant Description Location Status 4/28/2021 TTM 21-01 SA 21-05 E 21-03 Tony Jara Six Lot Subdivision and Five Single Family Residences 11899 Rosedale Avenue Project Submitted Tony Jara (“Applicant”) representing Jay Gees, LLC submitted the above applications proposing to subdivide 3.8 acres into 6 single family lots. Each lot will have an approximate 2,800 square foot home and the minimum lot size will be of 20,000 square feet. One of the six lots will include the existing residence located on the west side of the property, fronting Rosedale Avenue. The property is zoned R1-20-V, Very Low Density Single Family Residential with an Agricultural Overlay District, and designated Low Density Residential on the General Plan Land Use Map. 3/31/2021 SA 21-03 CUP 21-03 E 21-02 Yakuta Enterprises Convert Single Family to Multifamily 22756 Palm Avenue Deemed Incomplete, inconsistent G.6.a Packet Pg. 70 At t a c h m e n t : P l a n n i n g D e v e l o p m e n t _ D e t a i l . 2 0 2 1 ( 0 0 2 ) [ R e v i s i o n 1 ] ( D e v e l o p m e n t A c t i v i t y R e p o r t ) project description Derek Wang of Yukata Enterprises, Inc. submitted the above applications proposing to convert an existing 1,371 square foot nonconforming residence to a multifamily duplex on a 0.32-acre lot. The site improvements will include façade improvements, curb, sidewalk, streetscape, pathway from the sidewalk to each unit, front lawn landscape, driveway and required parking. The property is zoned Barton Road Specific Plan, Office Professional. 11/25/2020 SA 20-09 CUP 20-02 E 20-09 Condor Energy Storage Battery Energy Storage Site APN:1167-151-77 (Generally located near the corner of Main Street and Taylor Street) Deemed Incomplete on 1/22/2021, New Concept Resubmittal Received on 3/8/2021 - Anticipated PC Third quarter 2021 Second Incompleteness Letter issued 4/8/2021 Condor Energy Storage, LLC (“Applicant”) represented by Keith Latham is proposing to construct a 200-megawatt battery energy storage system (BESS) located on approximately a 10-acre parcel land. The proposed project will consist of lithium-ion energy batteries installed with racks, inverters, switchgear, and other associated equipment to directly interconnect into the Southern California Edison (SCE) Highgrove Substation located directly north of the proposed property. The site will have remote operational control and periodic inspections and maintenance will be performed, as necessary. The project improvements will include, but are not limited to perimeter wall and fencing, perimeter landscaping, underground electrical cabling, concrete pad for the electrical equipment, and street improvements. An initial environmental study is being prepared by MIG Consultants.. The property is zoned M2 (Industrial). 8/12/2020 GPA 20-02 SPA 20-02 SA 20-03 CUP 20-01 E 2-03 Greens INV 15 LLC 22317, 22273, 22293 Barton Road Multi Family, Hotel, Restaurant Retail Deemed Incomplete on 9/23/2020 – Anticipated PC – Third quarter 2021 Greens INV 15, LLC represented by Andrew Walcker is proposing to develop an approximate 4.68-acre lot. The project will include a 1.78-acre commercial site, including a 4-story hotel and potential restaurant or retail uses on the north side of the property. A 2.9-acre multi-family residential development is proposed on the south side of the property, to include 7 multi-family buildings and amenities. The site improvements include parking, drive thru, landscaping, trash enclosures, loading areas, access, and street improvements and small park. The site is located on the Barton Road Specific Plan, General Commercial zoning. A Specific Plan Amendment update for Barton Road is being prepared and an expanded environmental is also being prepared by Michael Baker to support the development. 3/16/2020 GPA 20-01 ZCA 20-01 Darryl Moore Change of Zoning from R1- 7.2 to R2 12266 Michigan Street Project placed on hold per Applicant Aegis Builders is proposing to develop a 4.5-acre residential infill project. The applicant is proposing a General Plan Amendment and Zoning Code Amendment to change the zoning from R1-7.2 Single Family Residential to R2-Low Medium Density Residential and to reduce the minimum 3-acre lot size requirement for the existing church to 2-acres. The proposal includes a Tentative Tract Map subdivision of 22 residential lots and a 2- G.6.a Packet Pg. 71 At t a c h m e n t : P l a n n i n g D e v e l o p m e n t _ D e t a i l . 2 0 2 1 ( 0 0 2 ) [ R e v i s i o n 1 ] ( D e v e l o p m e n t A c t i v i t y R e p o r t ) acre lot for the existing church. A Specific Plan has been submitted as part of the 22 residential housing development. The proposed two-story homes will vary in size between 2,766 square feet to 4,593 square feet and the lots will range in size from about 3,000 square feet to about 5,400 square feet. The project has been placed on hold by the request of the applicant. 5/31/2019 SA 19-05 CUP 19-04 E 19-06 ZC 19-01 MD 19-01 Edwin Renewable Fuels Plastic Recycling and office/educational uses 21801 Barton Road Deemed Incomplete on 6/26/2019. Resubmitted Plans received on 6/2/2020 were distributed for review Staff continues to work with Applicant. Edwin Renewable Fuels is proposing to construct an 80,898 square-foot, 42-foot high industrial building for cardboard and plastic recycling, conversion of plastics into fuel, storage of fuel and transport of fuels off-site. The site measures approximately 5.44-acres and it is zoned M2-Industrial. The applicant is currently working with AQMD on permitting compliance. 10/2/2018 SA 18-09 TTM 18-02 V 18-01 E 18-08 Aegis Builders, Inc 12 Townhomes 11695 Canal Street Deemed Incomplete on 10/31/2018 & 3/26/2019 Resubmittal and Incomplete on 7/23/2020 Resubmittal received on 11/11/2020. Deemed Incomplete on 12/10/2020 – Anticipated PC hearing third quarter 2021 Aegis Builders is proposing a 16-unit apartment community development on 0.82-acres. The design consists of sixteen (16) 2-story apartments arranged in 3 buildings, including 2 efficiency studio units, 2 one-bedroom units, 6 two-bedroom units, and 6 three-bedroom units. The Project site is triangularly shaped and does not have direct access to a public street. Access to the public street will be across the Gage Canal property. The City of Grand Terrace has been interfacing with the City of Riverside, owner of the Gage Canal, and has assured access to the parcel which has historical rights of access over the canal. The property is zoned R3-20-Medium High Density Residential. 3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 Homes) 1167-151-22, 68, 71, 73, 74, 75 DEIR anticipated for public review summer 2021 The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. Major Applications – Specific Plan G.6.a Packet Pg. 72 At t a c h m e n t : P l a n n i n g D e v e l o p m e n t _ D e t a i l . 2 0 2 1 ( 0 0 2 ) [ R e v i s i o n 1 ] ( D e v e l o p m e n t A c t i v i t y R e p o r t ) Date Submitted Case No. Applicant Description Location Status 12/8/2017 SP 17-01 E 17-10 Lewis Development Specific Plan East side of the 215 Fwy. DEIR anticipated for public review summer 2021 The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. The Draft EIR and accompanying entitlement application is anticipated for public consideration commencing this summer (2021) Major Applications – Conditional Use Permit Date Submitted Case No. Applicant Description Location Status 1/2/2019 CUP 19-01 SA 19-03 E 19-05 GrandT-1 Inc. Industrial Semi- Trailer Storage Facility APN: 0275- 191-06, 30 Approved – Grading plans submitted. Community Benefit Agreement in Review The project was approved by the City Council on August 25, 2020, upholding the Planning Commission determination to establish an empty semi-trailer storage facility on approximately 22 acres. A maximum of 650 total semi-trailer and chassis storage facility. A 900 square foot caretaker’s admin office and a 4,800 square foot maintenance building will be constructed under an administrative conditional use permit submittal. The site is zoned M2-Industrial, the AG-2 Overlay District, and the FP-Floodplain Overlay District. The Community Benefit Agreement is under eview. A rought grading permit has been issued 9/17/2017 CUP 17-08 E 17-07 National Logistics Team Recycling Pallets 21496 Main Street Anticipate hearing date summer 2021 The applicant is proposing a recycling use whereby recyclable wood for dismantling, sorting, and packing arrives in the site and is re-used to create wood pallets. The use is proposed on a 3.7-acre parcel zoned M2-Industrial. An existing 6,420 square foot. office will be used for office purposes, a 2,400 square foot. metal shop and four 3-sided work canopies will be used for recycling activities. G.6.a Packet Pg. 73 At t a c h m e n t : P l a n n i n g D e v e l o p m e n t _ D e t a i l . 2 0 2 1 ( 0 0 2 ) [ R e v i s i o n 1 ] ( D e v e l o p m e n t A c t i v i t y R e p o r t ) AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Adoption of Capital Improvement Program for Fiscal Years 2021-2026 PRESENTED BY: Eric Weck, Public Works Director/Senior Engineer RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2021/2022 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND: Jurisdictions receiving Measure I revenue from the San Bernardino County Transportation Authority (SBCTA) Local Street Program must annually adopt, by action of their governing body, a Measure I Five-Year Capital Improvement Plan (MICIP) that outlines the specific projects upon which Measure I pass-through funds will be expended. The City Council approved the last update on September 14, 2019, adopting the Five-Year Measure I Capital Improvement Plan for Fiscal Years 2019/20 through 2024/25. The first year of Measure I Capital Improvement Program adopted by Council on November 15, 2016, occurred from May 2017 to August 2017 as Year 1 of the program. The Year 2 streets were completed between June 2018 and October 2018. The Year 3 streets were started in April 2021 with completion expected by July 2021. DISCUSSION: The City is required to annually submit to SBCTA an updated 5-year plan identifying Measure I funded projects. The City may update, add, or delete projects/expenditures within the City’s Measure I plan as may be necessary with any updates or changes reported to SBCTA. Staff is recommending that the City Council adopt the resolution approving an updated Five-Year Measure I Capital Improvement Plan for Fiscal Years 2021/22 through 2025/26 for submittal to the SBCTA as well as the expenditure strategy included as Exhibit B. G.7 Packet Pg. 74 Staff will return to the City Council for award of proposed projects. CEQA FINDING: Paving projects are categorically exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations. FISCAL IMPACT: The actual cost of each CIP project will be presented to the City Council at the time of award of contract. ATTACHMENTS: • Expenditure Strategy - Exhibit B (DOCX) • 2021-2022 MICIP Resolution (DOCX) • MICIP Resolution Att A FY 2021-2026 (PDF) APPROVALS: Public Works Completed 07/07/2021 10:00 AM City Attorney Completed 07/07/2021 5:48 PM Finance Completed 07/07/2021 8:13 PM City Manager Completed 07/07/2021 10:25 PM City Council Pending 07/13/2021 6:00 PM G.7 Packet Pg. 75 EXHIBIT B (MICIP ATTACHMENT D) FY2019/2020 to FY2024/2025 MICIP Expenditure Strategy CITY OF GRAND TERRACE MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2021/2022 to Fiscal Year 2025/2026 The City of Grand Terrace has adopted a Measure I expenditure strategy that focuses on improvements to existing facilities through an annual Pavement Management Program. In addition to slurry and pavement rehabilitation treatment of City streets, the expenditure strategy includes: a tree trimming program to increase visibility along roadways, ADA curb ramp and sidewalk repair programs as well as other necessary improvements to the right of way as needed. G.7.a Packet Pg. 76 At t a c h m e n t : E x p e n d i t u r e S t r a t e g y - E x h i b i t B ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) ATTACHMENT C RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING THE ME AS UR E I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2021/2022 WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing 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. 04-01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation- related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Grand Terrace is $115,156. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are hereby found to be true and correct and incorporated herein by this reference. Section 2. Paving projects are categorically exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations. Section 3. The Measure I Five-Year Capital Improvement Plan, attached to this Resolution as Exhibit A, is hereby adopted. Section 4. The City Manager, or his designee, is directed to send a copy of this Resolution to the San Bernardino County Transportation Authority. G.7.b Packet Pg. 77 At t a c h m e n t : 2 0 2 1 - 2 0 2 2 M I C I P R e s o l u t i o n ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on ______ day of ______ 2021. __________________________ Darcy McNaboe, Mayor ATTEST: _________________________ Debra L. Thomas, City Clerk APPROVED AS TO FORM: _________________________ Adrian R. Guerra, City Attorney G.7.b Packet Pg. 78 At t a c h m e n t : 2 0 2 1 - 2 0 2 2 M I C I P R e s o l u t i o n ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) Street From To L W Area PCI VIVIENDA CT CDS VIVIENDA AVE 520.32.16,640.32 DE SOTO ST MIRADO AVE MOUNT VERNON AV 835.32.26,720.33 PICO ST MICHIGAN ST REED AVE 1,378.40.55,120.33 VAN BUREN ST WEST END MICHIGAN AVE 1,311.40.52,440.33 VAN BUREN ST REED AVE (S)MOUNT VERNON AV 1,423.40.56,920.33 VIVIENDA AVE VIVIENDA CT BARTON RD 633.32.20,256.33 FULMAR PL PASCAL AVE CDS 322.94 32.10,334.09 35 LA CADENA DRIVE LITTON AVE BARTON RD 3,403.64.217,792.64 456,222.09 3. 1,368,666.27 Additional Scope: Repair Damaged Curb & Gutter: 3000 L.F. at $40 Per L.F. = $120,000 Perform A.C. Dig-Outs: 5,000 Sq.Ft. at $20.00 Per Sq. Ft. = $100,000 Restore Striping: Lump Sum for all streets on this list = $50,000 FY 2021-22 Grand Total = $1,638,667 Year 2021 - 2022 Grind and Overlay 2" Asphalt Concrete G.7.c Packet Pg. 79 At t a c h m e n t : M I C I P R e s o l u t i o n A t t A F Y 2 0 2 1 - 2 0 2 6 ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) Street From To L W Area PCI THRUSH ST WARBLER AVE ORIOLE AVE 1,000.32.32,000.39 HAMPTON CT OBSERVATION DR CDS 670.3 32.21,449.54 38 LA PAIX ST ORIOLE AVE DOS RIOS AVE 1,330.32.42,560.38 MINONA DR MOUNT VERNON KINGSTON ST 1,279.32.40,928.38 Additional Scope: Repair Damaged Curb & Gutter: 3000 L.F. at $40 Per L.F. = $120,000 Perform A.C. Dig-Outs: 5,000 Sq.Ft. at $20.00 Per Sq. Ft. = $100,000 Restore Striping: Lump Sum for all streets on this list = $50,000 FY 2022-23 Grand Total = $706,830.00 Year 2022 - 2023 Grind and Overlay 2" Asphalt Concrete G.7.c Packet Pg. 80 At t a c h m e n t : M I C I P R e s o l u t i o n A t t A F Y 2 0 2 1 - 2 0 2 6 ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) Street From To L W Area PCI MERLE CT CANARY CT CDS 825.32.26,400.6 VIVIENDA AVE END VIVIENDA AVE 320.32.10,240.12 VICTORIA ST PASCAL AVE CANAL ST 224.32.7,168.14 Additional Scope: Repair Damaged Curb & Gutter: 3000 L.F. at $40 Per L.F. = $120,000 Perform A.C. Dig-Outs: 5,000 Sq.Ft. at $20.00 Per Sq. Ft. = $100,000 Restore Striping: Lump Sum for all streets on this list = $50,000 FY 2023-24 Grand Total = $401,424 Year 2023 - 2024 Grind and Overlay 2" Asphalt Concrete G.7.c Packet Pg. 81 At t a c h m e n t : M I C I P R e s o l u t i o n A t t A F Y 2 0 2 1 - 2 0 2 6 ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) Street From To L W Area PCI GRAND TERRACE RD NEWPORT AVE END 1,734.24.41,616.16 CARDINAL CT MICHIGAN AVE CDS 475.77 32.15,224.68 19 KINGSTON ST LA PAIX ST DE SOTO ST 252.32.8,064.19 VISTA GRANDE WAY GRAND TERRACE RD VISTA GRANDE WAY 510.32.16,320.20 CANARY CT MERLE CT CDS 514.32.16,448.22 Additional Scope: Repair Damaged Curb & Gutter: 3000 L.F. at $40 Per L.F. = $120,000 Perform A.C. Dig-Outs: 5,000 Sq.Ft. at $20.00 Per Sq. Ft. = $100,000 Restore Striping: Lump Sum for all streets on this list = $50,000 FY 2024-25 Grand Total = $563,016 Year 2024 - 2025 Grind and Overlay 2" Asphalt Concrete G.7.c Packet Pg. 82 At t a c h m e n t : M I C I P R e s o l u t i o n A t t A F Y 2 0 2 1 - 2 0 2 6 ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) Year 2025 - 2026 Grind and Overlay 2" Asphalt Concrete Street From To L W Area PCI BLUE MOUNTAIN CT PICO ST CDS 502.26.13,052.23 KENTFIELD ST WARBLER AVE ORIOLE AVE 1,000.32.32,000.23 NAPA CT FREMONTIA AVE CDS 195.32.6,240.23 LADERA ST FREMONTIA AVE REED AVE 538.32.17,216.24 TERRACE AVE WALNUT AVE BARTON RD 1,436.24.34,464.24 Additional Scope: Repair Damaged Curb & Gutter: 3000 L.F. at $40 Per L.F. = $120,000 Perform A.C. Dig-Outs: 5,000 Sq.Ft. at $20.00 Per Sq. Ft. = $100,000 Restore Striping: Lump Sum for all streets on this list = $50,000 FY 2025-26 Grand Total = $578,916 G.7.c Packet Pg. 83 At t a c h m e n t : M I C I P R e s o l u t i o n A t t A F Y 2 0 2 1 - 2 0 2 6 ( F i v e Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m ) AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Second Amendment to Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group, Inc. for the Sale of City Property Located at 22317, 22273 and 22293 Barton Road AND Assignment, Assumption and Consent Agreement Whereby Greens Group, Inc. Assigns to GREENS INV 11, LLC, All Rights and Obligation Under that Certain Reimbursement Agreement Dated August 13, 2019 by and Between Greens Group, Inc. and the City of Grand Terrace PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: 1. Approve and authorize the Mayor to execute, subject to City Attorney approval as to form, the Second Amendment to the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions Between the City of Grand Terrace and Greens Group Inc. with respect to the development of that certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01 & 1167-231-02); and 2. Approve and authorize the Mayor to execute, subject to City Attorney approval as to form, the Assignment, Assumption and Consent Agreement whereby Greens Group, Inc. assigns to GREENS INV 11, LLC, a California limited liability company all rights and obligation under that certain Reimbursement Agreement dated August 13, 2019 (“Reimbursement Agreement”) by and between Greens Group, Inc. and the City of Grand Terrace including, but not limited to, any funds held by the City or due to the City pursuant to the Reimbursement Agreement with respect to the development of that certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311- 01, 1167-231-01 & 1167-231-02). 2030 VISION STATEMENT This staff report supports Goal #3, "Promote Economic Development", because the sale and ultimate development of assembled properties will promote economic development G.8 Packet Pg. 84 activities. 2021-2022 PRIORITY PROJECTS This report supports the City Council’s 2021-2022 Priority Projects for Fiscal Year 2021- 2022. The sale and ultimate development of the subject 4.78 acres is a Top Priority Project that the City Manager’s office and Planning and Development Services Department are both tasked with for economic development purposes. BACKGROUND: Original Purchase and Sale Agreement: On August 13, 2019, the City Council approved a Purchase and Sale Agreement (“PSA”) of Real Property and Joint Escrow Instructions with the Greens Group, Inc. (“Developer”) for the three (3) parcels owned by the City of Grand Terrace totaling about 4.78 acres for $1,502,523 (“Purchase Price”). Two of the three parcels are 22317 Barton Road (APN 1167-231-01) and 22293 Barton Road (APN 1167-311-01) and are referred to in the PSA as Parcels A&B, and the third parcel is located at 22273 Barton Road (APN 1167-231-02) and referred to in the PSA as Parcel C. In accordance with the executed PSA, escrow was opened with a deposit of $150,000; Concept Plans were approved by the Council on October 22, 2019; and the entitlement process commenced 45 days after Council approved Concept Plans. Developer had a 6 month due diligence period and 16 month entitlement process period. Close of escrow was contingent on Developer obtaining entitlements with an outside date of 20 months following the opening of escrow. As additional consideration to the City, the Developer had certain post-closing covenants in the Grant Deed to develop the property with certain obligations to be met within 24 months (“Post Closing Covenants”). Concurrently with the PSA, Developer executed a reimbursement agreement for entitlement process (“Reimbursement Agreement”). First Amendment: As a result of the pandemic, on April 28, 2020, City Council approved Amendment #1, which provided: (i) Reduced the Deposit to $15,000 with $85,000 returned to the Developer and $35,000 delivered to the City under the Reimbursement Agreement for processing entitlements. (ii) extended the various deadlines as follows: Due Diligence Period to expire on November 12, 2020; the Entitlement Period to expire on October 15, 2021 and the outside close of escrow to November 24, 2021. DISCUSSION: Amendment #2 restructures the PSA terms as follows: G.8 Packet Pg. 85 • Purchase Money Carryback Financing: The Purchase Price will be paid by a purchase money promissory note of $1,027,523 secured by a deed of trust against the Property in first lien position with the balance of $460,000 paid in cash at closing. Note terms are summarized as follows: • Interest rate: 2% for 2 years increasing by 1% each of the following years until paid in full. • Quarterly payments: Interest only on a quarterly basis. (Initially - $5,137.61) • Maturity Date: 30 days after obtaining entitlements but not later than 5 years. • Late Charge: 5% of overdue payment. • Default Interest Rate: 8% at City’s option • Post-Closing Covenants: Developer has 3 years (“Entitlement Period”) to obtain entitlements. Developer has 2 years to complete post-closing work (“Work”): (i) completion of site work and off-site construction plans; (ii) completion of site work and off-site work (excluding buildings); (iii) execution and delivery of a Subdivision Improvement Agreement (including providing security for same) in accordance with applicable law; (iv) install utility mains to the boundary of the Property in accordance with approved plans; (v) pave the parking lot (except within the multi-family parcel of the Proposed Concept Plan); and (vi) rough grade the multi-family parcel and stubbed utilities to the boundary. If Developer fails to complete the Work within the 2 years, Developer is to post completion bond for remaining Work. If Developer defaults, City has option (in its discretion) to repurchase the property. • Closing Date: 15 days from execution of the 2nd Amendment. (NOTE: Developer needs to use 1031 proceeds so timing is important). It must also be noted that, as part of Amendment #2, Greens Group, Inc. is assigning all right, title and interest in (i) the Original PSA as amended by this Amendment #2; (ii) the Escrow including funds on deposit pursuant to the Original PSA as amended; (iii), all information, reports, plans, etc. obtained by Greens Group, Inc. with respect to the Property; and (iv) all permits and entitlements for the development of the Property, to a new entity called GREENS INV 11, LLC, a California limited liability company. GREENS INV 11, LLC assumes all obligations of Greens Group, Inc. and the City consents to this assignment and assumption. Additionally, a second agreement is proposed for City Council approval, entitled “ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT.” With this agreement, Greens Group, Inc. assigns to GREENS INV 11, LLC all rights and obligations under that certain Reimbursement Agreement dated August 13, 2019 (“Reimbursement Agreement”) by and between Greens Group, Inc. and the City of Grand Terrace including, but not limited to, any funds held by the City or due to the City pursuant to the Reimbursement Agreement with respect to the development of that certain unimproved G.8 Packet Pg. 86 real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01 & 1167-231-02). FISCAL IMPACT: There are no immediate impacts to the City’s general fund for approval of this amendment. ATTACHMENTS: • 1031 exchange (PDF) • Purchase and Sale Agreement (PDF) • 2nd Amendment to Purchase and Sale of Real Property and Joint Escrow Instructions (PDF) • Assignment Assumption Consent of Reimbursement Agreement City 6.22.21 (PDF) APPROVALS: G. Harold Duffey Completed 07/07/2021 9:35 PM City Attorney Completed 07/08/2021 12:50 AM Finance Completed 07/08/2021 5:48 AM City Manager Completed 07/08/2021 5:48 AM City Council Pending 07/13/2021 6:00 PM G.8 Packet Pg. 87 Media Relations Office Washington, D.C. Media Contact: 202.622.4000 www.irs.gov/newsroom Public Contact: 800.829.1040 Like-Kind Exchanges Under IRC Section 1031 FS-2008-18, February 2008 WASHINGTON— Whenever you sell business or investment property and you have a gain, you generally have to pay tax on the gain at the time of sale. IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange. Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free. The exchange can include like-kind property exclusively or it can include like-kind property along with cash, liabilities and property that are not like-kind. If you receive cash, relief from debt, or property that is not like-kind, however, you may trigger some taxable gain in the year of the exchange. There can be both deferred and recognized gain in the same transaction when a taxpayer exchanges for like-kind property of lesser value. This fact sheet, the 21st in the Tax Gap series, provides additional guidance to taxpayers regarding the rules and regulations governing deferred like-kind exchanges. Who qualifies for the Section 1031 exchange? Owners of investment and business property may qualify for a Section 1031 deferral. Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031. What are the different structures of a Section 1031 Exchange? To accomplish a Section 1031 exchange, there must be an exchange of properties. The simplest type of Section 1031 exchange is a simultaneous swap of one property for another. Deferred exchanges are more complex but allow flexibility. They allow you to dispose of property and subsequently acquire one or more other like-kind replacement properties. To qualify as a Section 1031 exchange, a deferred exchange must be distinguished from the case of a taxpayer simply selling one property and using the proceeds to purchase another property (which is a taxable transaction). Rather, in a deferred exchange, the disposition of the relinquished property and acquisition of the replacement property must be mutually dependent parts of an integrated transaction constituting an exchange of property. Taxpayers engaging in deferred exchanges generally use exchange facilitators under exchange agreements pursuant to rules provided in the Income Tax Regulations. . G.8.a Packet Pg. 88 At t a c h m e n t : 1 0 3 1 e x c h a n g e ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) A reverse exchange is somewhat more complex than a deferred exchange. It involves the acquisition of replacement property through an exchange accommodation titleholder, with whom it is parked for no more than 180 days. During this parking period the taxpayer disposes of its relinquished property to close the exchange. What property qualifies for a Like-Kind Exchange? Both the relinquished property you sell and the replacement property you buy must meet certain requirements. Both properties must be held for use in a trade or business or for investment. Property used primarily for personal use, like a primary residence or a second home or vacation home, does not qualify for like-kind exchange treatment. Both properties must be similar enough to qualify as "like-kind." Like-kind property is property of the same nature, character or class. Quality or grade does not matter. Most real estate will be like-kind to other real estate. For example, real property that is improved with a residential rental house is like-kind to vacant land. One exception for real estate is that property within the United States is not like-kind to property outside of the United States. Also, improvements that are conveyed without land are not of like kind to land. Real property and personal property can both qualify as exchange properties under Section 1031; but real property can never be like-kind to personal property. In personal property exchanges, the rules pertaining to what qualifies as like-kind are more restrictive than the rules pertaining to real property. As an example, cars are not like-kind to trucks. Finally, certain types of property are specifically excluded from Section 1031 treatment. Section 1031 does not apply to exchanges of: • Inventory or stock in trade • Stocks, bonds, or notes • Other securities or debt • Partnership interests • Certificates of trust What are the time limits to complete a Section 1031 Deferred Like-Kind Exchange? While a like-kind exchange does not have to be a simultaneous swap of properties, you must meet two time limits or the entire gain will be taxable. These limits cannot be extended for any circumstance or hardship except in the case of presidentially declared disasters. The first limit is that you have 45 days from the date you sell the relinquished property to identify potential replacement properties. The identification must be in writing, signed by you and delivered to a person involved in the exchange like the seller of the replacement property or the qualified intermediary. However, notice to your attorney, real estate agent, accountant or similar persons acting as your agent is not sufficient. Replacement properties must be clearly described in the written identification. In the case of real estate, this means a legal description, street address or distinguishable name. Follow the IRS guidelines for the maximum number and value of properties that can be identified. G.8.a Packet Pg. 89 At t a c h m e n t : 1 0 3 1 e x c h a n g e ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) The second limit is that the replacement property must be received and the exchange completed no later than 180 days after the sale of the exchanged property or the due date (with extensions) of the income tax return for the tax year in which the relinquished property was sold, whichever is earlier. The replacement property received must be substantially the same as property identified within the 45-day limit described above. Are there restrictions for deferred and reverse exchanges? It is important to know that taking control of cash or other proceeds before the exchange is complete may disqualify the entire transaction from like-kind exchange treatment and make ALL gain immediately taxable. If cash or other proceeds that are not like-kind property are received at the conclusion of the exchange, the transaction will still qualify as a like-kind exchange. Gain may be taxable, but only to the extent of the proceeds that are not like-kind property. One way to avoid premature receipt of cash or other proceeds is to use a qualified intermediary or other exchange facilitator to hold those proceeds until the exchange is complete. You can not act as your own facilitator. In addition, your agent (including your real estate agent or broker, investment banker or broker, accountant, attorney, employee or anyone who has worked for you in those capacities within the previous two years) can not act as your facilitator. Be careful in your selection of a qualified intermediary as there have been recent incidents of intermediaries declaring bankruptcy or otherwise being unable to meet their contractual obligations to the taxpayer. These situations have resulted in taxpayers not meeting the strict timelines set for a deferred or reverse exchange, thereby disqualifying the transaction from Section 1031 deferral of gain. The gain may be taxable in the current year while any losses the taxpayer suffered would be considered under separate code sections. How do you compute the basis in the new property? It is critical that you and your tax representative adjust and track basis correctly to comply with Section 1031 regulations. Gain is deferred, but not forgiven, in a like-kind exchange. You must calculate and keep track of your basis in the new property you acquired in the exchange. The basis of property acquired in a Section 1031 exchange is the basis of the property given up with some adjustments. This transfer of basis from the relinquished to the replacement property preserves the deferred gain for later recognition. A collateral affect is that the resulting depreciable basis is generally lower than what would otherwise be available if the replacement property were acquired in a taxable transaction. When the replacement property is ultimately sold (not as part of another exchange), the original deferred gain, plus any additional gain realized since the purchase of the replacement property, is subject to tax. G.8.a Packet Pg. 90 At t a c h m e n t : 1 0 3 1 e x c h a n g e ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) How do you report Section 1031 Like-Kind Exchanges to the IRS? You must report an exchange to the IRS on Form 8824, Like-Kind Exchanges and file it with your tax return for the year in which the exchange occurred. Form 8824 asks for: • Descriptions of the properties exchanged • Dates that properties were identified and transferred • Any relationship between the parties to the exchange • Value of the like-kind and other property received • Gain or loss on sale of other (non-like-kind) property given up • Cash received or paid; liabilities relieved or assumed • Adjusted basis of like-kind property given up; realized gain If you do not specifically follow the rules for like-kind exchanges, you may be held liable for taxes, penalties, and interest on your transactions. Beware of schemes Taxpayers should be wary of individuals promoting improper use of like-kind exchanges. Typically they are not tax professionals. Sales pitches may encourage taxpayers to exchange non- qualifying vacation or second homes. Many promoters of like-kind exchanges refer to them as “tax-free” exchanges not “tax-deferred” exchanges. Taxpayers may also be advised to claim an exchange despite the fact that they have taken possession of cash proceeds from the sale. Consult a tax professional or refer to IRS publications listed below for additional assistance with IRC Section 1031 Like-Kind Exchanges. References/Related Topics • Publication 544, Sales and Other Dispositions of Assets • Form 8824, Like-Kind Exchanges (PDF) • Tax Tips - Real Estate • Form 4797, Sales of Business Property ––30–– G.8.a Packet Pg. 91 At t a c h m e n t : 1 0 3 1 e x c h a n g e ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) 2019-24 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made this 13 day of &&Q 2019 by and between GREENS GROUP, INC., a California corporation ('Buyer"), and CITY OF GRAND TERRACE, 'a public body, corporate and politic ("Seller"). Fidelity National Title Insurance Company, a California corporation shall act as escrow ("Escrow Holder"). RECITALS: A. Seller is the owner of that certain.unimproved real property in the City of Grand Terrace, County of San Bernardino, State of California ("Property") comprised of the following: i. 22317 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-311-01) is legally described on Schedule 1-A, depicted on Schedule 1-D and is the eastern most parcel ("Parcel A"). ii. 22293 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-231-01) is legally described on Schedule 1-B, depicted on Schedule 1-D and is located west of, 22317 Parcel ("Parcel B"). iii. 22273 Barton Road, Grand Terrace, CA 92313 (Assessor Parcel No. 1167-231-02) is legally described on Schedule 1-C, depicted on Schedule 1-D and is the western most parcel ("Parcel C") B. Seller desires to sell to Buyer and Buyer agrees to buy, the Property upon the terms and conditions set forth in this Agreement: NOW, THEREFORE, in consideration of the mutual covenants set forth herein and incorporating the Recitals, the parties hereto agree as follows: TERMS AND CONDITIONS: 1. PURCHASE AND SALE OF PROPERTY. 1.1 Sale. Pursuant to the terms and subject to the conditions of this Agreement, Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, the Property (i) in AS-IS condition without representations or warranties; (ii) subject to the Lot Tie Agreement (defined in Section 1.3); and (iii) subject to the covenants to Seller either in the Grant Deed (defined in Section 1.2) or a separate Covenant Agreement recorded concurrently with the Closing of Buyer's purchase of the Property ("Covenant Agreement"). 1.2 Grant Deed. At Closing, Seller shall transfer,the Property to Buyer substantially in the form of the Grant Deed attached hereto as Exhibit B which shall be modified prior to Closing pursuant to Section 8.5 ("Grant Deed"). Provided Buyer provides notice at least three (3) days prior to the Closing, Buyer may direct that the grantee in the Grant Deed a wholly owned subsidiary of Buyer in accordance with Section 15.1. 1.3 Lot Tie Agreement. Concurrently with the Closing, Buyer.shall -execute and acknowledge a Lot Tie Agreement in a form reasonably acceptable to Seller shall be recorded 1 G.8.b Packet Pg. 92 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) immediately following the recordation of the Grant Deed ("Lot Tie Agreement"). If a parcel map is filed concurrently with the Closing ("Parcel Map"), the Lot Tie Agreement shall not be required. 1.4 Reimbursement Agreement. Buyer has executed that certain Reimbursement Agreement in favor of Seller of even date herewith ("Reimbursement Agreement"). A default (as defined in the Reimbursement Agreement shall be a default under this Agreement. 2. EFFECTIVE DATE: OPENING OF ESCROW. 2.1 Effective Date. This Agreement shall be deemed effective upon execution of the Agreement by Seller after the approval by the City Council ("Effective Date"). 2.2 Openinci of Escrow. Within three (3) days after the Effective Date, the parties shall open an escrow(Escrow)with Fidelity National Title Insurance Company (Escrow Holder) MaryLou Adame at Fidelity National Title Insurance Company, 21680 Gateway Center Drive, Suite 110, Diamond Bar, CA 91765 (909) 978-3020 Marvlou.Adame(a-)fnf.com by causing an executed copy of this Agreement to be deposited with Escrow Holder which Escrow Holder shall sign and accept. Escrow shall be deemed opened upon the last to occur of("Opening of Escrow"): (i)the executed copy of this Agreement; and (ii) the Deposit (defined in Section 3.2.a). If Escrow is not opened within five (5) days after the Effective Date, Seller shall have the right to terminate this Agreement upon written notice to Buyer and Escrow Holder. 3. CONSIDERATION; PURCHASE PRICE; PAYMENT OF PURCHASE PRICE. 3.1 Consideration. All of the following is material consideration to Seller for the sale of the Property to Buyer: (i) payment of the Purchase Price (defined in Section 3.1.a); (ii) the Covenants (defined in Section 3.1.b); and (iii) Buyer's obligation to provide copies of the Documents (defined in Section 3.1.c). a. Purchase Price. The term "Purchase Price" means the sum of One Million Five Hundred Two Thousand Five Hundred Twenty-Three Dollars ($1,502,523)which is the sum of: i. The purchase price for Parcels A and B is Six Hundred Thousand Dollars 650,000)which has been determined by an appraisal. ii. The purchase price for Parcel C is Eight Hundred Fifty-Two Thousand Five Hundred Twenty-Three Dollars ($852,523) which has been determined by an appraisal. b. Covenants. The extensive restrictions and continuing covenants of Buyer with respect to the development and uses of the Property as set forth in the Grant Deed or Covenant Agreement if applicable) ("Covenants") are material consideration to Seller for the sale of the Property to Buyer. The Covenants shall run with the Property and provide additional controls and rights in Seller with respect to the uses and development of the Property notwithstanding uses otherwise authorized by applicable zoning. C. Documents. Buyer covenants and agrees to provide to Seller copies of all contracts, agreements, plans, specifications, reports, investigations and any other documents related to the development of the Property ("Documents") at no cost to Seller and the issuer or creator of the respective Documents consenting in writing to allow Seller to use same in the event that (i) Buyer does not acquire the 2 G.8.b Packet Pg. 93 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Property pursuant to this Agreement; or (ii) if Buyer does acquire the Property but Seller reacquires the Property pursuant to the Covenants. The term "Documents" shall not include any financial information or any documents which are attorney- client privileged. This obligation shall survive termination of this Agreement for any reason. 3.2 Pavment of Purchase Price. a. Deposit. Within three (3) days of the Effective Date, Buyer shall deliver the Deposit to Escrow Holder in the amount of One Hundred Fifty Thousand Dollars ($150,000) Deposit")., b. Balance of Purchase Price. Buyer shall deposit the balance of the Purchase Price with Escrow Holder in Good Funds (as defined below) at least one (1) business day prior to the Closing Date. 3.3 Good Funds. All funds deposited in Escrow shall be in "Good Funds" which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California. 4. FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER. 4.1 Seller. Seller agrees that on or before 12:00 noon at least one (1) business day prior to the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation: i.Executed and acknowledged Grant Deed (and Covenant Agreement, if applicable). ii.A Non-Foreign Affidavit as required by federal law. iii.Such funds and other items and instruments as may be necessary in order for Escrow Holder to comply with this Agreement. 4.2 Buyer. Buyer agrees that on or before 12:00 noon at least one (1) business day prior to the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation: i.Executed copy of the Acceptance executed by Buyer to be attached to the Grant Deed prior to recordation or, if applicable the Covenant Agreement. ii.The Lot Tie Agreement(unless a Parcel Map will be recorded at Closing). iii.A Preliminary Change of Ownership Statement completed in the manner required in San Bernardino County ("PCOR"). iv.Any amounts due to Seller under the Reimbursement Agreement. V.Such funds and other items and instruments as may be necessary in order for Escrow Holder to comply with this Agreement. 3 G.8.b Packet Pg. 94 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) 4.3 Recordation, Filing, Completion and Distribution of Document. Escrow Holder shall confirm that any documents signed in counterpart are matching documents and shall combine the signature pages thereof so as to create fully executed documents. Escrow Holder will cause the (i) Grant Deed (with the executed Acceptance attached), (ii) the Covenant Agreement if applicable, and (ii) Lot Tie Agreement or Parcel Map, to be recorded/filed in that order so it can issue the Title Policy in accordance with Section 6.2. Promptly following Close of Escrow, Escrow Holder shall distribute Escrow Holder's final closing statement and conformed copies of all recorded documents to the parties. 5. CLOSING DATE: TIME IS OF ESSENCE. 5.1 Closing Date. Escrow shall close upon the later to occur of: (i)thirty (30) days after the Due Diligence Expiration Date (defined in Section 7.2), and (ii) ten (10) days after expiration of the appeals period of the both Entitlements (defined in Section 8.4) and CEQA (defined in Section 8.2) without any legal challenge being filed, BUT, in no event, later than twenty (20) months from the Effective Date ("Closing Date"). The terms "Close of EscrovV' and/or "Closing" are used herein to mean the time Grant Deed is filed for recording by the Escrow Holder in the Office of the County Recorder of San Bernardino County, California. Notwithstanding the foregoing, if a legal challenge as to Entitlements and/or CEQA has been filed and Buyer has elected under the Reimbursement Agreement to contest such challenges and has provided the funds specified in the Reimbursement Agreement for the legal proceedings, the Closing Date shall be extended for a period of twenty (20) days following the date the legal challenge has been resolved or settled allowing Buyer's proposed development to proceed. 6.2 Possession. Upon the Close of Escrow, Seller shall deliver exclusive possession of the Property to Buyer. 5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence under this Agreement. 5.4 City Manager Authoritv. Seller by its execution of this Agreement agrees that the City Manager of Seller or his designee (who has been designated by City Manager's written notice delivered to Buyer and Escrow Holder) shall have the authority to execute documents on behalf of Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or his designee shall be binding on Seller. Notwithstanding the foregoing, City Manager or his designee may only grant extensions for (i) the Due Diligence Period (defined in Section 7.1) that cumulatively do not exceed one hundred eighty (180) days; (ii) the Entitlement Period (defined in Section 8) that cumulatively do not exceed one hundred eighty (180) days; or (ii) the Closing Date that cumulatively do not exceed one hundred eighty (180) days. 6. TITLE POLICY. 6.1 Approval of Title. Promptly upon Opening of Escrow, a preliminary title report shall be issued by Fidelity National Title Insurance Company ("Title Company"), describing the state of title of the Property, together with copies of all exceptions listed therein and a map plotting all easements specified therein ("Preliminary Title Report"). Within thirty (30) days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing ("Buyer's Title Notice") of Buyer's disapproval of any matters contained in the Preliminary Title Report except that Buyer may not disapprove any title exceptions caused by Buyer's entry onto the Property pursuant to Section 7.2 ("Disapproved Exceptions"), provided all monetary liens encumbering the Property are 4 G.8.b Packet Pg. 95 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) hereby disapproved by Buyer and shall be removed and released by Seller through or prior to the Close of Escrow. In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or ii) decline to remove any such Disapproved Exceptions ("Seller's Notice"). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved 'Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or(ii) the date Seller declines to remove such Disapproved Exception(s). Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to five (5) days following receipt of notice of such additional exceptions. 6.2 Title Policv. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA owner's non-extended coverage Policy of Title Insurance insuring title to the Property vested in Buyer with coverage in the amount of the Purchase Price showing (i) title exceptions approved pursuant to Section 6.1; (ii) the Lot Tie Agreement; (iii) the Covenants set forth in the Grant Deed; and (vi) any exceptions caused by Buyer including pursuant to Section 7.4 ("Title Policy"). The cost of the Title Policy to Buyer shall be paid by Seller but Buyer shall be obligated pay for any endorsements. If Buyer desires to obtain an ALTA extended coverage owner's title policy, Buyer shall deliver an ALTA survey, at Buyer's cost, to Title Company at least thirty (30) days prior to the Closing Date and Buyer shall pay the additional cost for the extended coverage. 7. DUE DILIGENCE. 7.1 Due Diliqence. Seller has provided Buyer with any and all documents and information in Seller's possession and control concerning the Property including, contracts, leases, and reports. For a period of one hundred eighty (180) days from the Opening of Escrow ("Due Diligence Period"), Buyer shall have the right to obtain at its cost to conduct such engineering, feasibility studies, soils tests, environmental studies and other investigations as Buyer in its sole discretion may desire, to permit Buyer to determine the suitability of the Property for Buyer's contemplated uses and to conduct such other review and investigation which Buyer deems appropriate to satisfy 'itself to acquire the Property, including Buyer securing financing and necessary entitlements for Buyer's proposed project, in Buyer's sole discretion. 7.2 Disapproval of Due Diliqence Matters. Prior to expiration of the Due Diligence Period ("Due Diligence Expiration Date"), Buyer may, in its sole discretion, notify Seller in writing with a copy to Escrow Holder) of (i) its disapproval of the due diligence matters (excluding title matters which are to be approved or disapproved pursuant to Section 6), and (ii) its election to terminate this Agreement and Escrow ("Disapproval and Termination Notice"). If Buyer sends the Disapproval and Termination Notice in the time and manner specified above, the parties shall execute any documents required by Escrow Holder and upon receipt of said documents executed by the parties, Escrow Holder shall return the Deposit (less any cancellation charges) to Buyer. If Buyer does not deliver the Disapproval and Termination Notice in the time and manner specified 5 G.8.b Packet Pg. 96 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) above, Buyer shall conclusively be deemed to have approved due diligence matters. Seller may, in its discretion, agree in writing to extend the Due Diligence Expiration Date. 7.3 Right to Enter the Propertv. Commencing upon Opening of Escrow, Seller grants Buyer, its agents and employees a limited license to enter upon the Property for the purpose of conducting engineering surreys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, reports, investigations and tests shall be done at Buyer's sole cost and expense. Prior to entry onto the Property, Buyer shall (i) notify Seller the date and purpose of each intended entry together with the names and affiliations of the persons entering the Property; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (iii) comply with all applicable laws and governmental regulations; (iv) allow an employee of Seller to be present at Seller's election; (v) keep the Property free and clear of all materialmen's liens, lis pendens and other liens arising out of the entry and work performed under this provision; (vi) maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the Property in the amounts required by the State of California; (vii) provide to Seller prior to initial,entry a certificate of insurance evidencing that Buyer has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names Seller as additional insured; (vii) return the Property to substantially its original condition following Buyer's entry; (viii) provide Seller copies of all studies, surveys, reports, investigations and other tests derived from any with the right to use same (as provided in Section 3.1.c) Reports"); and (ix) to take the Property at closing subject to any title exceptions caused by Buyer exercising this right to enter. Buyer agrees to indemnify, and hold Seller free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action whether legal, equitable or administrative), judgments, court costs and legal or other expenses including reasonable attorneys' fees) which Seller may suffer or incur as a consequence of Buyer's exercise of the license granted pursuant to this Section 7.3 or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Buyer (except Seller and its agents) with respect to the Property, excepting any and all losses, damages (whether general, punitive.or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys' fees) arising from the mere discovery by Buyer of any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer's obligations under this Section 7.8 shall survive termination of this Agreement for any reason. The parties agree that breach of any Property entry or restoration conditions in this Section 7.3 shall constitute a material breach of this Agreement. 8. CONCEPT PLAN; CEQA; AND ENTITLEMENT PROCESS 8.1 Concept Plan. Within sixty (60) days of the Effective Date, Buyer shall submit a proposed concept plan for a mixed used project which shall include the proposed uses, proposed parcel map and proposed site plan ("Concept Plan"). If Seller does not approve the Concept Plan, Seller shall promptly notify Buyer of the issues with the initial plan submission who shall promptly revise same and resubmit same to Seller. If Seller does not approve the Concept Plan, Seller shall notify Buyer in writing of Seller's concerns and Buyer shall submit a revised version for Seller's 6 G.8.b Packet Pg. 97 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) consideration. If Seller approves the Concept Plan, Seller shall issue a written approval notice of same to Buyer ("Concept Plan Approval") and the date of such approval shall be referred to as the "Concept Plan Approval Date." If the Seller is not able, or is unwilling to issue the Concept Plan Approval within ninety (90) days from the Effective Date, either party may elect to terminate this Agreement by written notice to the other party any time prior to the Seller's issuance of the Concept Plan Approval. The Concept Plan that is approved by Seller is hereinafter referred to as the"Proposed Concept Plan." Buyer understands that Seller specifically (i) does not want the following uses in the Concept Plan: gas station, automotive sales, equipment rental, laundromats, sale of used appliances, pawn shops, technical schools, or convenience stores; and (ii) favors the following uses in the Concept Plan: a hotel, creative/medical office building, sit down restaurants, a drive thru restaurant, a coffee house, retail uses and multifamily residential complex. BUYER ACKNOWLEDGES THAT THE EXECUTION OF THIS AGREEMENT BY SELLER AND APPROVAL OF THE PROPOSED CONCEPT PLAN AS SELLER (A) DOES NOT CONSTITUTE THE REQUIRED DISCRETIONARY APPROVALS NECESSARY BY THE CITY OF GRAND TERRACE FOR THE ACTUAL DEVELOPMENT; (B) DOES NOT LIMIT IN ANY MANNER THE DISCRETION OF THE CITY AS TO ITS APPROVAL PROCESS; AND (C) DOES NOT RELIEVE BUYER OF THE OBLIGATION TO OBTAIN ALL ENTITLEMENTS AND PERMITS NECESSARY TO COMPLETE THE DEVELOPMENT AS PROVIDED IN THE CONCEPT PLAN AND THE GRANT DEED. BUYER UNDERSTANDS THAT THE CONCEPT PLAN MAY BE REVISED DURING THE ENTITLEMENT PROCESS AND SELLER SHALL HAVE THE RIGHT TO REVIEW AND APPROVE SUCH MODIFICATIONS WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED. 8.2 CEQA Processing. Seller shall be responsible to process the approval of the Proposed Concept Plan in accordance with the California Environmental Quality Act ("CEQA"). As soon as possible after the Concept Plan Approval Date, Seller shall commence and diligently prosecute process same. Upon Seller's request, Buyer agrees to supply information and otherwise to assist Seller to determine the environmental impact of the Proposed Concept Plan and to allow Seller to prepare and process such environmental documents, if any, as may need to be completed for the Proposed Concept Plan pursuant to the requirements of CEQA. Upon Buyer's request from time to time, Seller shall keep Buyer informed as to the CEQA process. Without limitation of the foregoing, Buyer specifically acknowledges and agrees that if Buyer elects to proceed with the development of the Property and complete its purchase of the Property, Buyer shall be required to satisfy all conditions of approval issued to ensure that the Project conforms to all applicable CEQA requirements including all mitigation requirements. 8.3 Entitlement Process. a. Commencement. As soon as possible but, in no event later than forty-five 45) days after the Concept Plan Approval Date, Buyer shall promptly apply for all discretionary governmental permits and approvals consistent with the Proposed Concept Plan and diligently prosecute same including, but not limited to, promptly responding to requests and modifications, payment of all necessary fees, etc. ("Entitlements"). The Entitlements shall include, without limitation, specific site plan approval, a new parcel map, a specific plan amendment and a conditional use permit for any uses under the Proposed Concept Plan which would require a CUP to be processed by Buyer. Buyer shall diligently prosecute and pursue all applications and permits including providing prompt responses to the City for any additional requests and Seller shall cooperate with Buyer's process. Buyer shall pay all applicable fees to secure all entitlements for the Proposed Concept Plan. 7 G.8.b Packet Pg. 98 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) b. Buver Approvals. Upon issuance of final conditions for any Entitlement, Buyer shall have the right to disapprove same by issuing a written notice to Seller within twenty 20) days which shall also include Buyer's election to terminate this Agreement and the Escrow Termination Notice"). For example, conditions of approval for the project required by the Planning Commission may be appealed to the City Council. Upon the City Council's final determination, Buyer shall have twenty (20) days to issue the Termination Notice to Seller for any Entitlement. If Buyer delivers a Termination Notice in the time and manner specified for an Entitlement, this Agreement shall be terminated, Escrow shall be cancelled and the Deposit (less cancellation charges) shall be returned to Buyer. If Buyer fails to deliver the Termination Notice for an Entitlement in the time and manner specified, Buyer shall be deemed to have approved all conditions to such Entitlement. C. Entitlement Period. Buyer shall use commercially reasonable efforts to obtain all Entitlements within sixteen (16) months of the Concept Approval Date ("Entitlement Period"). Provided Buyer has been diligently pursuing the Entitlements, Buyer shall have the right to extend the Entitlement Period for two (2) months by providing written notice to Seller at least twenty (20) days prior to the expiration of the Entitlement Period which notice summarizes in reasonable detail the reason for the extension. 8.4 Post Closing Covenants. Upon the City's approval of the Proposed Concept Plan and completion of the CEQA process, Seller shall prepare appropriate language to the Grant Deed or in a separate Covenant Agreement) with respect to the following post-closing obligations which must be completed within twenty-four (24) months from the Closing ("Post Closing Covenants"): i) the construction time line; (ii) mandatory phasing with the northern portion of the Property must be developed first; (iii) required uses; (iv) the requirement that a declaration of covenants, conditions and restrictions specifically addressing reciprocal access and parking rights for the proposed development in a form satisfactory to Seller must be either concurrently with the new parcel map or if none, then prior to leasing of any portion of the Property; and (v) such other obligations as reasonably required by Seller and approved by Buyer which approval shall not be unreasonably withheld, conditioned or delayed. The Grant Deed (or Covenant Agreement) shall also contain appropriate provision for the release of the Post Closing Covenants. The form of the Grant Deed (of Covenant Agreement if applicable) shall be provided by Seller to Buyer for review and comment. 8.6 Natural Hazard Disclosure Report. Upon Opening of Escrow, Escrow Holder shall order a commercial Natural Hazards Disclosure report for the Property by Disclosure Source NHD Report") to be delivered to Buyer by Escrow Holder. Buyer shall have twenty (20)) days from receipt of the NHD Report, to review and approve NHD Report. If Buyer disapproves the NHD Report within the twenty (20) day period, it shall do so in writing which shall concurrently terminate this Agreement and the Escrow and receive a full refund of its Deposit (less cancellation charges). If Buyer fails to disapprove the NHD Report in accordance with the foregoing requirements, Buyer is conclusively deemed to have approved the NHD Report. 9. CONDITIONS PRECEDENT TO CLOSE OF ESCROW. 9.1 Conditions to Buver's Obliqations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent ("Buyer's Conditions Precedent"): i. Title Company will issue the Title Policy as specified in Section 6.2. ii. Buyer has approved the NHD Report pursuant to Section 8.5. 8 G.8.b Packet Pg. 99 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) iii. Seller has executed the Grant Deed and delivered it to Escrow Holder. iv. If the Grant Deed does not contain the Covenants, then Seller shall execute two (2) copies of the Covenant Agreement and delivered same to Escrow Holder. v. Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to.this Agreement. vi. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2. vii. Buyer has secured the Entitlements within the Entitlement Period (as may be extended pursuant to Section 8.3.c), not issued a Termination Notice (pursuant to Section 8.3) and the appeal period for the Entitlements has expired without legal challenges. viii. The CEQA approvals have been issued in accordance with Section 8.2 and the appeal period has expired without legal challenges. ix. Seller is not in default of its obligations under this Agreement. 9.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent: i. Buyer has delivered the balance of the Purchase Price to Escrow Holder. ii. The Lot Tie Agreement (as defined in Section 1.3) has been executed by Buyer and delivered to Escrow Holder, or alternatively the Parcel Map has been delivered to Escrow Holder to be filed with the County Recorder at the Closing. iii. The Acceptance to the Grant Deed (if applicable) has been executed by Buyer and delivered to Escrow Holder, or alternatively, two (2) copies of the Covenant Agreement has been executed and delivered to Escrow Holder. iv. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2. v. Seller has issued the Concept Plan Approval pursuant to Section 8.1. vi. The CEQA approvals have been issued in accordance with Section 8.2, Buyer has not issued a Termination Notice (pursuant to Section 8.3), and the appeal period has expired without legal challenges. vii. Buyer has secured the Entitlements within the Entitlement Period (as may be extended pursuant to Section 8.3.c), not issued a Termination Notice (pursuant to Section 8.3), and the appeal period has expired without legal challenges. viii. Title Company will issue the Title Policy as specified in Section 6.2. ix. Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement. x. Buyer is not in default of its obligations under this Agreement. 9 G.8.b Packet Pg. 100 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) 10. LIQUIDATED DAMAGES. IF BUYER SHOULD DEFAULT UNDER THIS AGREEMENT, THEN BUYER AND SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH DEFAULT BY BUYER OR FAILURE OF ESCROW TO CLOSE ON OR BEFORE THE CLOSING DATE, WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE IN THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS BELOW THAT THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. IN THE EVENT OF AND FOR SUCH DEFAULT BY BUYER, THE DEPOSIT SHALL BE SELLER'S SOLE MONETARY REMEDY THEREFOR, UNLESS BUYER WRONGFULLY REFUSES TO CAUSE ESCROW HOLDER TO CANCEL THE ESCROW, IN WHICH INSTANCE SELLER SHALL ALSO BE ENTITLED TO ALL ACTUAL THIRD-PARTY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SELLER WHICH MAY RESULT'FROM BUYER'S WRONGFUL FAILURE TO CANCEL THE ESCROW AND THIS AGREEMENT. THE FOREGOING LIMITATION OF DAMAGES SHALL NOT APPLY TO BUYER'S INDEMNITY OBLIGATIONS NOR THE OBLIGATIONS OF BUYER TO DELIVER THE DOCUMENTS RSUANT TO SECTIONS 3.1.0 AND 7.3 art.. SelieNig'lnitials Ps Initials 11. CONDITION OF THE PROPERTY. 11.1 Disclaimer of Warranties. Upon the Close of Escrow, Buyer shall acquire the Property in its "AS-IS" condition without any representations and warranties and Buyer shall be responsible for any defects in the Property, whether patent or latent, including, without limitation, the physical, environmental and geotechnical condition of the Property, and the existence of any contamination, Hazardous Materials, vaults, debris, pipelines; or other structures located on, under or about the Property, and Seller makes no other representation or warranty concerning the physical, environmental, geotechnical or other condition of the Property, and Seller specifically disclaims all representations or warranties of any nature concerning the Property made by it. The foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the Property is suited, or drainage. 11.2 Hazardous Materials. Buyer understands and agrees that, in the event Buyer incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or underground storage tanks whether attributable to events occurring prior to or following the Closing, then Buyer may look to current or prior owners of the Property, but in no event shall Buyer look to Seller for any liability or indemnification regarding Hazardous Materials and/or underground storage tanks. Buyer, from and after the Closing, hereby waives, releases, remises, acquits and forever discharges Seller, and each of the entities constituting Seller, if any, of and from any and all Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are defined below, and from any and all actions, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, loss, costs, liabilities and expenses, which concern or in any way relate to the physical or environmental conditions of the Property, the existence of any Hazardous Material thereon, or the release or threatened release of Hazardous Materials there from, whether existing prior to, at or after the Closing. It is the intention of the parties pursuant to this release=that any and all responsibilities and obligations of Seller, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of 10 G.8.b Packet Pg. 101 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Buyer, its successors, assigns or any affiliated entity of Buyer, against the Seller, arising by virtue of the physical or environmental condition of the Property, the existence of any Hazardous Materials thereon, or any release or threatened release of Hazardous Material there from, whether existing prior to, at or after the Closing, are by this release provision declared null and void and of no present or future force and effect as to the parties; provided, however, that no parties other than the Indemnified Parties (defined below) shall be deemed third party beneficiaries of such release. In connection therewith, Buyer and each of the entities constituting Buyer, expressly agree to waive any and all rights which said party may have with respect to such released claims under Section 1542 of the California Civil Code which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or must have materially affected his or her settlement with the debtor." Buyer Initials Seller Initials J Buyer and ea of the entities constituting Buyer, shall, fro d after the Closing, defend, indemnify and hold harmless Seller and each of the entities constituting Seller (collectively, the Indemnified Parties") from and against any and all Environmental Claims, Environmental Cleanup Liability, Environmental Compliance Costs, and any other claims, actions, suits, legal or administrative orders or proceedings, demands or other liabilities resulting at any time from the physical and/or environmental conditions of the Property whether before or after the Closing or from the existence of any Hazardous Materials or the release or threatened release of any Hazardous Materials of any kind whatsoever, in, on or under the Property occurring at any time whether before or after the Closing, including, but not limited to, all foreseeable and unforeseeable damages, fees, costs, losses and expenses, including any and reasonable attorneys' fees and environmental consultant fees and investigation costs and expenses, directly or indirectly arising there from, and including fines and penalties of any nature whatsoever, assessed, levied or asserted against any Indemnified Parties to the extent that the fines and/or penalties are the result of a violation or an alleged violation of any Environmental Law. Buyer further agrees that in the event Buyer obtains, from former or present owners of the Property or any other persons or entities, releases from liability, indemnities, or other forms of hold harmless relating to the subject matter of this Section, Buyer shall use its diligent efforts to obtain for Seller the same releases, indemnities and other comparable provisions. For purposes of this Agreement, the following terms shall have the following meanings: Environmental Claim" means any claim for personal injury, death and/or property damage made, asserted or prosecuted by or on behalf of any third party, including, without limitation, any governmental entity, relating to the Property or its operations and arising or alleged to arise under any Environmental Law. Environmental Cleanup Liability" means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the Property, including the ground water hereunder, including, without limitation, (i) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therewith and (ii) any cost, expense, loss or damage incurred with respect to the Property or its operation as a result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup or abatement. 11 G.8.b Packet Pg. 102 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Environmental Compliance Cost" means any cost or expense of any nature whatsoever necessary to enable the Property to comply with all applicable Environmental Laws in effect. Environmental Compliance Cost" shall include all costs necessary to demonstrate that the Property is capable of such compliance. Environmental Law" means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to (i) pollution or protection of the environment, including natural resources, (ii) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical sub-stances from industrial or commercial activities, or (iv) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal. Hazardous Material" is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (iii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code; (iv) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501(o) and (p) and 25501.1 of the California Health and Safety Code (Hazardous Materials Release Response Plans and Inventory); (v) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code Underground Storage of Hazardous Substances); (vi) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; (ix) defined as "waste" or a "hazardous substance" pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §1317; (xi) defined as a hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq. (42 U.S.C. §6903); (xii) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq. (42 U.S.C. §9601); (xiii) defined as "Hazardous Material" or a "Hazardous Substance" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; or (xiv) defined as such or regulated by any "Superfund" or"Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks, and/or pipelines, as now, or at any time hereafter, in effect. Notwithstanding any other provision of this Agreement, Buyer's release and indemnification as set forth in the provisions of this Section, as well as all other provisions of this Section, shall survive the termination of this Agreement and shall continue in perpetuity. 12. ESCROW PROVISIONS. 12.1 Escrow Instructions. Sections 1 through 6, inclusive, 9, 12, 14 & 15 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with 12 G.8.b Packet Pg. 103 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder's request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow. 12.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the Buyer and instruct the San Bernardino County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 14 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Southern California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions. 12.3 Proration of Real Provertv Taxes. As a public agency, Seller is not subject to real property taxes. According, Buyer shall take the Property subject to all taxes accruing from and after the Closing. 12.4 Pavment of Costs. a. Cost Allocation. Seller shall pay the costs for the Title Policy (non-extended ALTA owner's policy), any documentary transfer taxes, and one-half(1/2) of the escrow costs Seller's Charges"). Buyer shall pay the cost of any additional endorsements to the Title Policy requested by Buyer or for any ALTA extended coverage owner's policy (as provided in Section 6.1), one-half (1/2) of the escrow fees, the recording charges for the Grant Deed, Covenant Agreement (if applicable) and the Lot Line Adjustment, and any charges incurred by Buyer's acts ("Buyer's Charges"). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder. b. Closing Statement. At least two (2) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party's respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to each party. 12.5 Termination and Cancellation of Escrow. If Escrow fails to close due to a failure of a condition precedent, then the party in whose favor the condition precedent runs may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return (i) the funds in accordance with the foregoing provisions of this Agreement, and (ii) all documents then in Escrow to the respective depositor of the same with Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement. 12.6 Information Resort. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report("Information Report") and/or other information required to be delivered to the Internal Revenue Service pursuant to 13 G.8.b Packet Pg. 104 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Internal Revenue Code Section 60451 regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 60451, and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information. 12.7 No Withholdinq as Foreiqn Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE. 12.8 Brokeraqe Commissions. Buyer and Seller each represent and warrant to the other that no third party is entitled to a broker's commission and/or finder's fee with respect to the transaction contemplated by this Agreement. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee. 13. NON-COLLUSION. No official, officer, or employee of the Agency has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the Agency participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 'financial interest" shall be consistent with State law and shall not include interest found to be "remote" or "non interest" pursuant to California Government Code Sections 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, and Agency official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any Agency official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Seller is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void a of no force or effect. Buyer's Initials: A- 14. NOTICES. Any notice whic ether party may desire to give to the other party or to the Escrow Holder must be in writing and may be given by personal delivery which will be deemed received the following day or by mailing the same by registered or certified mail, return receipt requested which will be deemed delivered three (3) days after depositing same in the mail, 14 G.8.b Packet Pg. 105 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) addressed to the party to whom the notice is directed as set forth below, or such other address and to such other persons as the parties may hereafter designate: To Seller: City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313 Attention: City Manager With a Copy to: Aleshire &Wynder, LLP 18881 Von Karman Avenue, Suite 1700 Irvine, CA 92612 Attention: Adrian Guerra, City Attorney To Buyer: Greens Group, Inc. 9289 Research Drive Irvine, CA 92618. Attn: President With a Copy to: Buckner, Robinson & Mirkovich 3146 Red Hill Avenue, Suite 200 Costa Mesa, CA 92626 Attention: William D. Buckner, Esq. To Escrow Holder: Fidelity National Title Insurance Company 21680 Gateway Center Drive, Suite 110 Diamond Bar, CA 91765 Mary Lou Adame, Escrow Officer 15. GENERAL PROVISIONS. 15.1 Assignment. Buyer has no right to assign this Agreement without the prior written consent of Seller in its sole and absolute discretion as Seller is relying upon the integrity and expertise of Buyer.'Notwithstand ing the forgoing, Seller will not unreasonably withhold its consent to an assignment to an entity owned and controlled by Buyer or the principals of Buyer namely Sharad Kadakia, Ashutosh Kadakia and/or Atman Kadakia. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. 16.2 Attornev's Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs. 15.3 Interpretation: Governing Law. Venue. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. The venue for any dispute shall be San Bernardino County. 15 G.8.b Packet Pg. 106 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) 15.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 16.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto 15.6 Severabilib . If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.7 Merqer. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written are merged herein and shall be of no further force or effect. 16.8 Construction. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against a party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 15.9 Qualification and Authoritv. Each individual executing this Agreement on behalf of Buyer represents, warrants and covenants to the Authority that (a) such person is duly authorized to execute and deliver this Agreement on behalf of Buyer in accordance with authority granted under the organizational documents of such entity, and (b) Buyer is bound under the terms of this Agreement. 16.10 No Third Partv Beneficiaries. This Agreement is only between the parties, and is not intended to be nor shall it be construed as being for the benefit of any third party. 16.11 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 16.12 Exhibits. Exhibits A. A=1 and B attached hereto are incorporated herein by reference. SIGNATURES ON THE FOLLOWING PAGE] 16 G.8.b Packet Pg. 107 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) In Witness Whereof, the parties have executed this Agreement as of the date first written above. REMINDER: Parties;must initial Section$;9, 10.2 and'i 2,`as applicable; BUYER:SELLER: GREENS G P, INC, a C lifornia City of Grand Terrace, a municipal corporatio corporation By: By: PrinUOrneRshutoilh Kadakia D r yor thief Financial Officer 911-3h'9 , ' q11'ST: Accepted: eb Thomas, Escrow Holder: City Clerk Accepted and agreed to: APPROVED AS TO FORM: By: Aleshire &Wynder, LLP Marylou Adame, Escrow Officer Dated: 2019 By. Adrian R. Guerra, City Attoey 17 G.8.b Packet Pg. 108 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain real property in the City of Grand Terrace, County of San Bernardino, State of California, legally described as follows: PARCEL A: (22317 Barton Road) (APN 1167-311-01-0000) A portion of Lot 2 of Sedion 5,To yddp 2 South,Range 4 West,San Bernardino Base and Meridian,amording too map of Lands of the east Rivetstde Land Company,moorded in book 6 of Maps,pop 44,R,ecords ofsaid County,more panblarty described as tkwz Beginning at the Northwest comer of said Lot 2; Thence along the West One of said Lot 2 a distance of 415.27 feet{ Thence cast a distance of 150 feet; Thence North a distance of 415.27 feet W the North One of said Lot 2, Thence west a distance of 150 feet along the North One of sald Lot 2 to the paint of beginning. Said property Is also shown on Lkersed Land Sunveyoes Plat moorded In book 5,pages 25 to 29, Inclusive,record of Surveys. PARCEL B: (22293 Barton) APN 1167-231-01-0000 The East 100 feet ofLot 3,Section S,Township 2 South,Range 4 West, San Bernardino Meridian, in the County ofSan Bernardino, State ofCalifornia,according to map ofEast Riverside Land Company, as per plat recorded in book 6 of maps,page 44,records of said county. Excepting therefrom that portion conveyed to the City of Grand Terrace by deed recorded December 11, 1996 as instrument NO. 86-376453,Official Records. CONTINED ON FOLLOWING PAGE 1 G.8.b Packet Pg. 109 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) PARCEL C: (22273 Barton) APN 1167-231-02-0000 PARCEL 1: THE WEST 100 FEET OF THE EAST 200 FEET OF LOT 3,SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP OF EAST RIVERSIDE LAND COMPANY,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHERLY 17.00 FEETTHEREOF AS CONVEYED TO THE CITY OF GRAND TERRACE,BY DEED RECORDED APRIL 15,1987 AS INSTRUMENT NO.87-123616 OFFICIAL RECORDS. PARCEL 2: THE WEST 40 FEET OF THE EAST 240 FEET OF LOT 3,SECTION 5,TOWNSHIP 2 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN,ACCORDING TO MAP OF EAST RIVERSIDE LAND COMPANY,AS PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 44,RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHERLY 17.00 FEET THEREOF AS CONVEYED TO THE CITY GRAND TERRACE,BY DEED RECORDED APRIL 15,1987 AS INSTRUMENT NO.87-123616 OFFICIAL RECORDS. 2 G.8.b Packet Pg. 110 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) EXHIBIT A-1 DEPICTION OF PARCELS 47. 71 P s x d Parcel C Parcel B Parcel A 22273 Barton Rd 22293 Barton Rd 22317 Barton Rd APN: 1167-231-02-0000 APN: 1167-231-01-0000 APN: 1167-311-01-0000 1 G.8.b Packet Pg. 111 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) EXHIBIT B GRANT DEED Recording requested by and When Recorded Return to: Greens Group, Inc. 9289 Research Drive Irvine, CA 92618. Attn: President APN. Space Above This Line for Recorder's Office Use Only) Exempt from Recording Fee per Gov. Code§6103) THE UNDERSIGNED GRANTOR DECLARES that the documentary transfer tax (computer on full value) is GRANT DEED IWith Option to Repurchase) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below the CITY OF GRAND TERRACE, a municipal corporation Grantor") grants to Grantee"), all of its rights, title, and interest in that certain real property in the City of Grand Terrace, County of San Bernardino, State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference ("Property"). As material consideration for this conveyance, Grantee covenants for itself and any successors in interest for the benefit of Grantor, as follows: 1. DEVELOPMENT COVENANT. TO BE COMPLETED BY GRANTOR PURSUANT TO SECTION 8.5. Work Covenants. Grantee's post closing work covenants shall include all of the following to be completed by Grantee at Grantee's sole cost and expense ("Work Covenants"): (i) Grantee's completion of site work and off-site construction plans; (ii) Grantee's completion of site work and off-site work (excluding buildings); (iii) Grantee's execution and delivery of a Subdivision Improvement Agreement (including providing security for same) in accordance with applicable law; (iv) Grantee has installed utility mains to the boundary of the Property in accordance with approved plans; (v) Grantee has paved the parking lot (except within the multi- family parcel of the Proposed Concept Plan) ("Multi-Family Parcel"); and (vi) Grantee has rough graded the Multi-Family Parcel and stubbed utilities to the boundary of the Multi-Family Parcel. Outside Completion Date. Grantee shall complete the Covenants (or bond same to the satisfaction of Grantor) on or before twenty-four (24) months from the date of recordation of the Grant Deed ("Outside Completion Date"). Extension of Outside Completion Date. The Outside Completion Date shall be subject to being extended due to force majeure events, which shall expressly include a general economic downturn for the area in which event the Outside Completion Date may be extended for a 1 G.8.b Packet Pg. 112 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) period not to exceed two (2) years. If Grantee claims an extension under this provision, Grantee must promptly provide written notice of such claim to Grantor. Termination Provisions. Upon completion of all of the Covenant Work and Grantee's written request, Grantor shall execute, acknowledge and record a document to release the Development Covenant (including the Right of Re-Purchase below) from the public record Release"). Force Majeure. Force majeure shall mean delays caused by an act of God, fire, terrorism, governmental delay, inaction or moratorium or other casualty, event or accident beyond Grantee's reasonable control, strike, lock-out, factory shut-down or altercation, embargo, or riot. However, if Grantee claims a delay due to one of the foregoing events, Grantee must promptly provide written notice of such occurrence to Grantor. 2. RE-PURCHASE OPTION. If Grantee is in Default (as defined below) and prior to the recordation of the Release defined in Section 1), Grantor shall have the option to buy back the Property ("Option") from Grantee for the sum of ("Option Purchase Price"): (i) the original Purchase Price paid by Grantee to the Grantor ("Original Purchase Price"), plus (ii) actual costs paid by Buyer to third parties for entitling and designing, the Property to the date of the closing including, without limitation, architects, engineers, government fees and costs paid to the City under the Reimbursement Agreement for entitlements but not including any hard costs, attorney fees or commissions Additional Costs"). Upon exercise of the Option, Grantee shall promptly deliver to Grantor a detailed summary of all claimed Additional Costs as part of the Option Purchase Price together with proof of payment, copies of the applicable agreements and the plans, specifications, reports and documents. Upon confirmation of the Option Purchase Price, the parties shall cooperate with opening escrow to facilitate the transfer of the Property to Grantor for the Option Purchase Price which shall include the assignment of the various plans, specifications, agreements and documents for which Grantee is being reimbursed as part of the Option Purchase Price. At closing, Grantor shall have the right to take possession of the Property free of any claims or rights of possession. Grantee shall be in default under Section 1 ("Default") if: a. Grantee fails to commence construction of the Work Covenants as required by Section 1 for a period of ninety (90) days after written notice to proceed from Grantor and to diligently prosecute such construction subject to force majeure events; b. Grantee abandons or substantially suspend construction of the improvements for a period of ninety (90) days other than due to force majeure events; or c. Grantee fails to complete the Work Covenants by the Outside Completion Date subject to extension pursuant to Section 1 or force majeure events). The right to re-purchase the Property shall be subject to and shall not defeat, render invalid, or limit any mortgage, deed of trust, or other security interests to which Grantor has consented in writing. 3. COVENANT OF NON-DISCRIMINATION. 2 G.8.b Packet Pg. 113 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Grantee agrees to refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: a) Deeds: In deeds the following language shall appear: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy,tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b) Leases: In leases the following language shall appear: "The lessee herein covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." c) Contracts: In contracts pertaining to conveyance of the realty the following language shall appear: 'There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." The forgoing covenants shall remain in effect in perpetuity. 4. NOTICE. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission or email, or by U.S. certified or registered mail, return receipt requested, postage prepaid, to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, one (1) business day after depositing with an overnight air courier, or two (2) business days after depositing in the mail immediately, upon transmission (as confirmed by electronic confirmation of transmission generated by the sender's machine)for any notice given by facsimile or email: To Grantor: City of Grand Terrace 22795 Barton Rd. Grand Terrace, CA 92313 Attention: City Manager 3 G.8.b Packet Pg. 114 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) With a Copy to: Aleshire &Wynder, LLP 18881 Von Karman Avenue, Suite 1700 Irvine, CA 92612 Attention: Adrian Guerra, City Attorney To Grantee: Greens Group, Inc. 9289 Research Drive Irvine, CA 92618. Attn: President With a Copy to: Buckner, Robinson & Mirkovich 3146 Red Hill Avenue, Suite 200 Costa Mesa, CA 92626 Attention: William D. Buckner, Esq. 6. CALIFORNIA LAW. The Covenants contained in this Deed shall be construed in accordance with the laws of the State of California. 6. INTERPRETATION. If an ambiguity or question of intent or interpretation arises, then the terms of this Deed, including but not limited to, the Covenants, shall be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party to this Deed, including but not limited to,the Covenants, by virtue of the authorship of any of the provisions of this Deed. 7. SEVERABILITY. If any provision of this Deed or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of the covenants contained in this Deed, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby. 8. ATTORNEY'S FEES. In the event any action or suit is brought by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Deed, then in that event the prevailing party shall be entitled to have and recover from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees, expert witness fees, accounting and engineering fees, and any other professional fees resulting therefrom. SIGNATURES ON FOLLOWING PAGE] 4 G.8.b Packet Pg. 115 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below. GRANTOR: City of Grand Terrace, a municipal corporation By: Darcy McNaboe, Mayor 2019 ATTEST: Debra Thomas, City Clerk APPROVED AS TO FORM: Aleshire &Wynder, LLP By: Adrian R. Guerra, City Attorney 5 G.8.b Packet Pg. 116 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) ACCEPTANCE BY GRANTEE By its acceptance of this Grant Deed, Grantee hereby agrees as follows: 1. Grantee expressly understands and agrees that the terms of this Grant Deed shall be deemed to be covenants running with the land and shall apply to all of the Grantee's successors and assigns. 2. The provisions of this Grant Deed are hereby approved and accepted. Greens Group, Inc., a California corporation Dated: 201_By: Its: 6 G.8.b Packet Pg. 117 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) Exhibit A Legal Description of the Property That certain real property located in the City of Grand Terrace, County of San Bernardino, State of California, and is described as follows: 1 G.8.b Packet Pg. 118 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ss. COUNTY OF On 201_ before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to.be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public SEAL: 1 G.8.b Packet Pg. 119 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ss. COUNTY OF On 201_before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public SEAL: 1 G.8.b Packet Pg. 120 At t a c h m e n t : P u r c h a s e a n d S a l e A g r e e m e n t ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , I n c . ) G.8.c Packet Pg. 121 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 122 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 123 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 124 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 125 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 126 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 127 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 128 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 129 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 130 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 131 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 132 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 133 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 134 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 135 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 136 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 137 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 138 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 139 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 140 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 141 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 142 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 143 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 144 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 145 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 146 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 147 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 148 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 149 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 150 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 151 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 152 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 153 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 154 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 155 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 156 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 157 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 158 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 159 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G.8.c Packet Pg. 160 At t a c h m e n t : 2 n d A m e n d m e n t t o P u r c h a s e a n d S a l e o f R e a l P r o p e r t y a n d J o i n t E s c r o w I n s t r u c t i o n s ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT As of __________, 2021 (“Effective Date”), GREENS GROUP, INC, a California corporation (“Assignor”) assigns to GREENS INV 11, LLC, a California limited liability company(“Assignee”) all rights and obligation under that certain Reimbursement Agreement dated August 13, 2019 (“Reimbursement Agreement”) by and between Assignor and the CITY OF GRAND TERRACE, a municipal corporation (“City”) including, but not limited to, any funds held by the City or due to the City pursuant to the Reimbursement Agreement with respect to the development of that certain unimproved real property located at 22317, 22293 & 22273 Barton Road, City of Grand Terrace, County of San Bernardino (APNs 1167-311-01, 1167-231-01 & 1167-231-02) as legally described in the Purchase and Sale Agreement of Real Property and Joint Escrow Instructions dated August 13, 2019, by and between Assignor and City, as amended (“PSA”). Assignee accepts the assignment of the Reimbursement Agreement and assumes all rights, duties and obligations of Assignor thereunder as exists as of the Effective Date. Pursuant to Section 11 of the Reimbursement Agreement and upon the condition of the concurrent assignment of the PSA to and assumption by Assignee, Seller consents to the assignment to and assumption by Assignee of the Reimbursement Agreement. Nothing herein shall be construed to waive any liability of Assignor. ASSIGNOR: CITY: GREENS GROUP, INC, a California corporation By: ____________________________ Sharad Kadakia Chief Executive Officer By: ____________________________ Ashutosh Kadakia, Secretary ASSIGNEE: GREENS INV 11, LLC, a California limited liability company By: Greens Development, Inc., a California corporation By: _____________________ Sharad Kadakia Chief Executive Officer By: ____________________________ Ashutosh Kadakia, Secretary City of Grand Terrace, a municipal corporation By: _____________________________ Darcy McNaboe, Mayor _________________, 2021 ATTEST: _____________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP By: ___________________________ Adrian R. Guerra, City Attorney G.8.d Packet Pg. 161 At t a c h m e n t : A s s i g n m e n t A s s u m p t i o n C o n s e n t o f R e i m b u r s e m e n t A g r e e m e n t C i t y 6 . 2 2 . 2 1 ( 2 N d A m e n d m e n t t o A g r e e m e n t - G r e e n s G r o u p , AGENDA REPORT MEETING DATE: July 13, 2021 Council Item TITLE: Selection of an Executive Recruitment Firm to Manage the Recruitment Search for a New City Manager for the City of Grand Terrace PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Review and select a proposal and authorize the Mayor to execute a professional services agreement once prepared and approved as to form by the City Attorney. 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 City of Grand Terrace’s 2030 Vision. BACKGROUND: On June 22, 2021, the City Manager, G. Harold Duffey resigned, effective July 20, 2021. The City will seek to hire an interim replacement for Mr. Duffey until a permanent replacement can be found. The City will need to retain an executive recruitment search firm to manage the recruitment for a new City Manager. The City Manager, therefore, solicited proposals from executive search firms and received three (3) responses (Attachment I). DISCUSSION: The three (3) Executive Search Firms (Bob Murray and Associates, Peckham and McKenney and Ralph Anderson and Associates) have extensive statewide experience recruiting chief executives for local governments, ranging from very small to large organizations. During the past year alone, the firms have successfully recruited over 50 City Managers. The selection of either one of these firms will result 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 these firms’ experience in human resource management and executive search, they are all qualified to assist the City in a deliberate and thoughtful process to find the ideal City Manager for the City of Grand Terrace (Attachment II). Before the Council are three (3) very qualified firms. The only advantage in the process is the lead recruiter for Ralph Anderson and Associates Mr. Fred Wilson, former City Administrator of the City of San Bernardino. He is familiar with the Inland Empire and finished his career as City Manager of Huntington Beach (11 years until retirement in G.9 Packet Pg. 162 2019). FISCAL IMPACT: Funding for this proposal totals a not to exceed amount of $29,000, including expenses 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). ATTACHMENTS: • Attachment I - Executive Search Firms (PDF) • Attachment II - Executive Search Firms Tasks (PDF) APPROVALS: G. Harold Duffey Completed 07/07/2021 5:08 PM City Attorney Completed 07/07/2021 9:45 PM Finance Completed 07/07/2021 10:20 PM City Manager Completed 07/07/2021 10:24 PM City Council Pending 07/13/2021 6:00 PM G.9 Packet Pg. 163 G.9.a Packet Pg. 164 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 165 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 166 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 167 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 168 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 169 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 170 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 171 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 172 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 173 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 174 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 175 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 176 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 177 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 178 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 179 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 180 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 181 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 182 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 183 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 184 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 185 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 186 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 187 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 188 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 189 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 190 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 191 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 192 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 193 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 194 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 195 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 196 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 197 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 198 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 199 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 200 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 201 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 202 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 203 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 204 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 205 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 206 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 207 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 208 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 209 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 210 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 211 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 212 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 213 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 214 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 215 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 216 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 217 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 218 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) G.9.a Packet Pg. 219 At t a c h m e n t : A t t a c h m e n t I - E x e c u t i v e S e a r c h F i r m s ( C i t y M a n a g e r R e c r u i t m e n t ) Tasks Identified by Executive Search Firms Bob Murray and Associates Peckham and McKenney Ralph Anderson and Associates Candidate Profile X X X Community Engagement X X Design Brochure X X X Key Placement X X X Screening X X X Preliminary Interviews X X X Public Records Search X X X Recommendations X X X Facilitate Final Interview X X X Background and reference Check X X X Assist in Negotiations X X X Costs $25,000 $28,000 $25,000 G.9.b Packet Pg. 220 At t a c h m e n t : A t t a c h m e n t I I - E x e c u t i v e S e a r c h F i r m s T a s k s ( C i t y M a n a g e r R e c r u i t m e n t ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● JUNE 22, 2021 Council Chamber Special Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO June 22, 2021 City Council Minutes PowerPoint Presentations Landscape and Lighting Assessment District No. 89-1Public Hearing 6/22/2021 2030 Vision Statement Goal #1 –Ensure Our Fiscal Viability By Ensuring Appropriate Cost Recovery for Services Background 1989 The City formed the Landscape and Lighting Assessment District No. 89-1 5 Annexations 7 Tract/Zones CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 4 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 5 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 6 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 7 Recommendations 1.Conduct the Public Hearing. 2.Adoption of a resolution approving the Engineer’s Annual Levy Report and ordering the levy and collection of assessments within the City of Grand Terrace Landscaping and Lighting District for Fiscal Year 2021-2022. 3.Approve the Auditor-Controller/Treasurer/Tax Collector Agreements for Collection of Special Taxes, fees, and assessments for the District and City for FY 2021-2022. Landscape and Lighting Assessment DistrictNo. 89-1 Thank you! 2 3 4 5 6 7 8 9 •Pour –in-Place Rubberized Playground- TJ Austin Park. •Additional Fencing Installed at Veterans Freedom Park (at main ballfield along left field fence) •Pilot Program –Water Bottle Filling Station installed at Richard Rollins Park. •Bicycle Racks installed at all City Parks Parks and Recreations Advisory Committee Budget Requests 10 11 2019-20 2019-20 2020-21 2020-21 2021-22 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Property Tax $4,055,890 $2,391,099 $4,195,441 $2,606,914 $4,046,365 Residual Receipts -RPTTF $1,442,400 $1,911,591 $1,798,163 $1,483,046 $176,900 Proceeds from Sale of Prop.$0 $3,720 $0 $0 $1,798,700 Franchise Fees $534,790 $549,823 $445,000 $620,000 $620,000 Licenses, Fees & Permits $620,160 $721,146 $492,740 $385,010 $658,500 Sales Tax $978,400 $1,084,319 $943,000 $1,225,000 $1,236,200 Intergov’t Revenue/Grants $1,276,802 $640,731 $1,361,296 $948,036 $2,173,329 Charges for Services $207,900 $135,639 $100,300 $125,511 $144,100 Fines & Forfeitures $79,000 $71,795 $76,500 $68,656 $70,550 Miscellaneous $115,388 $13,636 $100,240 ($4,999)$10,000 Use of Money & Property $75,050 $269,705 $80,550 $50,738 $46,690 Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349 Transfers In $2,968,850 $18,917,742 $2,874,850 $264,350 $108,860 Residual Receipts -Sr Ctr $0 $1,440 $0 $0 $0 Gas Tax $319,800 $294,195 $560,000 $282,000 $304,800 Total Revenues $12,992,779 $27,324,930 $13,346,429 $8,372,612 $11,713,343 2019-20 2019-20 2020-21 2020-21 2021-22 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Salaries $1,531,351 $1,495,553 $1,319,970 $1,226,178 $1,853,206 Benefits $947,636 $900,532 $1,230,282 $1,015,453 $1,277,063 Materials & Supplies $264,977 $259,893 $195,956 $189,119 $229,770 Professional/Cont. Services $7,269,252 $5,148,798 $5,569,330 $4,383,518 $5,113,890 Equipment $196,750 $186,263 $5,000 $0 $0 Lease of Facility/Equipment $13,420 $13,392 $42,123 $17,514 $65,200 Utilities $218,380 $205,409 $224,668 $252,144 $265,748 Overhead Cost Allocation $0 $2 $0 $0 ($3,000) Capital Projects $1,631,167 $139,037 $1,653,482 $817,990 $1,774,667 Debt Service $266,400 $26,782 $233,438 $231,106 $0 Transfers Out $2,925,050 $18,750,101 $971,488 $380,725 $118,000 Total Expenditures $15,264,383 $27,125,762 $11,445,737 $8,513,748 $10,694,544 14 15 California Court of Appeal Offers Its Solution to Redevelopment Area Tax Increment Payment Calculations 16 $750,000 $800,000 $850,000 $900,000 $950,000 $1,000,000 Sales Tax $831,321 $833,919 $970,000 $988,000 Sales Tax Actual Amounts Fiscal Years 2018-19 Actual Amounts Fiscal Years 2019-20 Projected 2020-21 Proposed 2021-22 17 18 Actual Amounts Fiscal Years 2018-19 Actual Amounts Fiscal Years 2019-20 Projected 2020-21 Proposed 2021-22 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 Proceeds form Sale of Property $1,798,700 Proceeds From Property Sale Actual Amounts Fiscal Years 2018-19 Actual Amounts Fiscal Years 2019-20 Projected 2020-21 Proposed 2021-22 19 Actual Amounts Fiscal Years 2018-19 Actual Amounts Fiscal Years 2019-20 Projected 2020-21 Proposed 2021-22 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 Proceeds form Sale of Property $1,798,700 Proceeds From Property Sale Actual Amounts Fiscal Years 2018-19 Actual Amounts Fiscal Years 2019-20 Projected 2020-21 Proposed 2021-22 2019-20 2019-20 2020-21 2020-21 2021-22 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Property Tax $1,971,250 $2,052,014 $2,082,593 $2,257,080 $3,989,040 Residual Receipts -RPTTF $1,442,400 $1,911,591 $1,798,163 $1,483,046 $176,900 Proceeds from Sale of Property $0 $3,720 $0 $0 $1,798,700 Franchise Fees $534,790 $549,823 $445,000 $620,000 $620,000 Licenses, Fees & Permits $456,510 $389,162 $329,090 $362,330 $490,000 Sales Tax $785,400 $833,919 $750,000 $970,000 $988,000 Intergovernmental Revenue/Grants $26,500 $46,400 $20,000 $30,549 $31,220 Charges for Services $207,900 $132,506 $100,300 $125,311 $141,100 Fines & Forfeitures $72,500 $66,667 $70,000 $64,806 $66,300 Miscellaneous $15,148 $4,346 $0 ($5,004) $0 Use of Money & Property $62,000 $76,325 $67,500 $34,260 $34,660 Wastewater Receipts $318,349 $318,349 $318,349 $318,349 $318,349 Transfers In $84,450 $94,608 $0 $0 $0 Residual Receipts -Sr Ctr $0 $1,440 $0 $0 $0 Total Revenues $5,977,197 $6,480,870 $5,980,995 $6,260,727 $8,654,269 Property Tax , $3,989,040, 46.1% Proceeds from Sale of Property , $1,798,700, 20.8% Residual Receipts- RPTTF , $176,900, 2.0% Sales Tax , $988,000, 11.4% Franchise Fees , $620,000, 7.2% Licenses, Fees & Permits , $490,000, 5.7% Waste Water Receipts , $318,349 Intergovt Revenue/Grants , $31,220, 0.4% Charges for Services , $141,100, … Use of Money & Property , $34,660, … Fines & Forfeitures , $66,300, City of Grand Terrace 2021-22 General Fund Proposed Revenues 2019-20 2019-20 2020-21 2020-2021 2021-22 Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget Salaries $1,255,331 $1,253,641 $1,094,006 $1,084,765 $1,552,512 Benefits $838,670 $824,206 $1,118,326 $965,636 $1,149,757 Materials & Supplies $224,017 $219,204 $190,956 $186,446 $224,770 Professional/Contractual Services $3,507,906 $3,417,731 $3,573,740 $3,618,510 $3,662,458 Equipment $7,750 $7,730 $0 $0 $0 Lease of Facility/Equipment $13,420 $13,392 $19,323 $17,514 $19,600 Utilities $136,700 $130,555 $143,858 $162,009 $176,448 Overhead Cost Allocation ($84,950)($54,056)($81,950)($81,950)($84,950) Capital Projects $167,077 $86,558 $213,419 $113,402 $0 Debt Service $26,800 $26,782 $0 $0 $0 Transfers Out $180,400 $180,377 $139,750 $113,300 $105,000 Total Expenditures $6,273,121 $6,106,120 $6,411,428 $6,179,632 $6,805,595 $1,552,512 $1,149,757 $224,770 $3,662,458 $19,600 $176,448 ($84,950) $105,000 Salaries Benefits Materials & Supplies Prof/Cont Services Lease of Equip Utilities Overhead Cost Alloc Transfers Out ($500,000)$500,000 $1,500,000 $2,500,000 $3,500,000 City of Grand Terrace 2021-22 General Fund Proposed Expenditures $1,552,512 $1,149,757 $224,770 $3,662,458 $19,600 $176,448 ($84,950) $105,000 Salaries Benefits Materials & Supplies Prof/Cont Services Lease of Equip Utilities Overhead Cost Alloc Transfers Out ($500,000)$500,000 $1,500,000 $2,500,000 $3,500,000 City of Grand Terrace 2021-22 General Fund Proposed Expenditures Professional Services 1 Law Enforcement $2,410,940 2 Legal Counsel $210,000 3 Computer Software Licensing $100,000 4 Street Rpr.& Mtce (MoE)$50,000 5 Insurance $64,000 6 Information Technology $98,000 7 Park Maintenance $45,000 8 Audit Services $35,250 9 Bank Service Charges $24,000 10 Plan Check Services $25,000 11 HVAC Maintenance Svcs $14,000 12 Animal Sheltering Svcs $22,000 $3,098,190 25 Actual Amounts Fiscal Years Projected Proposed Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2018-19 2019-20 2020-21 2021-22 Law Enforcement $ 1,894,607 $ 2,074,456 $ 2,194,718 $ 2,410,940 Legal Counsel $ 211,749 $ 268,797 $ 286,996 $ 210,000 Computer Software 80,000 90,000 100,000 100,000 Insurance General Liability & Property $ 158,222 $ 42,077 $ 90,015 $ 93,500 Info Technology $ 69,510 $ 100,475 $ 92,877 $ 98,000 26 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 2018-19 2019-20 2020-21 2021-22 $1,210,981 $1,253,641 $1,084,765 $1,552,512 $739,524 $824,206 $965,636 $1,149,757 $417,075 $455,398 $508,236 Salary, Beneftis and UAL Salaries Benefits UAL 27 Healthy:Revenues exceed expenditures,continue to show growth,year over year,and the City maintains a 2-month reserves-rainy day fund Sustainable:Revenues exceeds expenditures (2-month reserves–rainy day fund) Vulnerable:Revenues exceed expenditures (less than the 2-month reserve–rainy day fund) Unsustainable/Insolvent:Revenues less than expenditures Healthy Sustainable Vulnerable Unsustainable/ Insolvent Rev $8.6M Exp $6.8M 20/21 21/2212/13 13/14 14/15 15/16 Rev $6.4M Exp $6.1M Rev $4.2M Exp $3.4M Rev $4.5M Exp $3.7M Rev $4.8M Exp $4.4M Rev $4.4M Exp $4.3M 16/17 Rev $5.2M Exp $5.2M 17/18 Rev $5.7M Exp $5.7M General Fund’s Long-Term Financial Performance 18/19 19/20 Rev $5.8M Exp $5.7M Rev $6.39M Exp $5.94M 29 30 New Positions Department Fund Salaries & Benefits Internal Auditor (Part- time)Finance General 69,705$ Senior Accountant Finance General 94,030 Assistant Planner Planning General 74,917 Senior Management Analyst City Manager General 103,511 Department Secretary City Clerk General 64,486 Building Official Building & Safety General 112,630 Intern City Manager General 16,396 Intern City Manager General 16,396 Total 552,071$ City Clerk’s Office Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Records Management $16,500 Funding Sources General Fund Project Status Program Changes from 19/20 to 20/21:None Laserfiche Quick Fields (Add-On to Laserfiche Electronic Document Management System). Quick Fields is a Laserfiche capture module and will auto- store documents by pushing them to their final destination folders.With the add-on OCR,Quick Fields will be able to capture any “Zone”in the document,run an Optical Recognition and translate it into a metadata fields in the template,thus reducing the manual indexing. Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Public Records Requests Staff Resource Project Description Program Changes from 19/20 to 20/21:None Public Records Requests are processed within 10 days from receipt.We have seen a slight decrease during 2020-2021 (due to the pandemic)but do expect an increase in the upcoming FY 2021-2022.Staff’s Department Secretary supports the City Clerk to ensure timely responses to requests. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Recognitions and Proclamations Staff Resource Project Description Program Changes from 19/20 to 20/21:None Upon receipt or issuance by the City of a Recognition or Proclamation,press releases will be issued and sent to all of the area newspapers to publish,if they so choose, and posted on the City’s website under its News Section. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Project Funding Parks & Recreation Advisory Committee Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 2021-22: Baseball Field Transfer (Swap),Future Park Discussion &Improvements,Fireworks Sales Agreement (Football &Basketball) Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Telephone System Improvements Staff Resource Project Description Program Changes from 19/20 to 20/21:None All incoming telephone calls are answered immediately by Staff’s Department Secretary and each call is directed to the appropriate department.Additionally, the phone directory is updated timely as any changes occur. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Historical & Cultural Committee Staff Support Staff Resource Project Description Program Changes from 19/20 to 20/21:None City Clerk provides support to the Historical & Cultural Activities Committee and communicates their needs to the City Manager and additional Staff as appropriate. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding City Council Chamber Reception Area Upgrade $0 Project Description Program Changes from 19/20 to 20/21:None. Create an inviting space for City Council receptions and celebrations in the foyer to the Council Chambers. Décor would include furniture,and the display Resolutions and Proclamations bestowed upon the City and would also include photographs/artwork. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding FPPC Compliance Staff Resources Project Description Utilize authorized Electronic and Paper Methods of Filing Campaign Finance Disclosure Statements and Statements of Economic Interests.Schedule “how-to” training for Council &Staff and link information on the City’s website for ease of access by the public. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Facebook Live and Twitter Staff Resource Project Description Program Changes from 19/20 to 20/21:None Examine and implement the use of live broadcasts of City Council meetings on social media such as Facebook Live and Twitter to increase public engagement. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Top 10 Projects FY 2021-2022 City Clerk’s Office Project Funding Management City Neighborhood Recognition Programs Staff Resource Project Description Program Changes from 19/20 to 20/21:None Recognition of City neighborhoods/individuals that have gone above and beyond to help make the community a better place to live.Examine various neighborhood recognition programs to assist with creating a policy for the City. Funding Sources General Fund Staffing Levels 2018-19 2019-20 2020-21 2021-22 1.0 1.5 1.0 2.0 Planning & Dev. Svcs Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Entitlements Staff and Consultant Funding Sources General Fund Projects •Taco Bell –Opening Summer 2021 •Greens Group –Entitlement 3rd Quarter 2021 •Bickel (Piara Pizza/Wing Stop) –Entitled •CA Recyclers –Under Review •Gateway Specific Plan and EIR •Battery Energy Storage –Taylor •Trailer Storage –Rough Grading Released •Canal Apartments -Entitlement 3rd Quarter 2021 Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Building and Inspections pecial Events Staff and Consultant Funding Sources General Fund Programs •Residential Permit Issuance •Commercial Permits Issuance •Inspections •Major Projects Under Construction •Plan Check Services •Public Works Encroachment Permits Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Animal Control & Code Enforcement Services Staff Resources Funding Sources General Fund Programs •Zoning & Municipal Code Enforcement •Weekend Code Enforcement Activities •Citations •Animal Control Services •Dog Licensing •Street Sweeping Traffic Enforcement •Graffitti/Vandalism/Illegal Dumping •Non-Owner Occupied Rental Inspections Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Grants Administration Staff and Consultant Funding Sources General Fund Active Grants •Blue Mountain Trail and Specified Grant •High Speed Rail Review •Local Early Action -Housing Element •Michigan and Barton Active Transportation Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Special Events Staff Resources Funding Sources General Fund Current Activities •Annual Blue Mountain Hike •Light Up Grand Terrace •Private Special Events at Shopping Centers •Community Days Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Emergency Management Staff and Volunteer Funding Sources General Fund Programs •CERT Deployment •Resource Management Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.5 Make sure Staffing is Consistent With budget Top 10 Projects FY 2021-2022 Planning & Dev. Svcs. Department Project Funding Active Transportation Plan Staff Resources Funding Sources General Fund Project Description Program Changes from 17/18 to 18/19: None •Fully funded •ATP to be approved by September Staffing Levels 2018-19 2019-20 2020-21 2021-22 6.0 6.5 6.5 8.0 Make sure Staffing is Consistent With budget Finance Department Top 10 Projects FY 2021-2022 Finance Department Project Funding Annual Audit $35,250 $5,500 $40,750 Total Funding Sources General Fund Housing Successor Project Description Program Changes from 20/21 to 21/22:None An Annual Audit reviews the City’s financial statements,review of internal controls over financial reporting,and compliance with County State,and Federal programs. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top 10 Projects FY 2021-2022 Finance Department Project Funding Check Register Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 20/21 to 21/22:None Check Register report prepared and submitted monthly to management and City Council to keep them apprised of all City disbursements by check, wire or ACH (automated clearing house). Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1.0 3.0 3.5 Top 10 Projects FY 2018-2019 & FY 2019-2020 Finance Department Project Funding Contract Compliance Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 20/21 to 21/22:None To ensure that all disbursements have the appropriate approvals,and contractual and professional agreement requirements and expirations are adhered to. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1.0 3.0 3.5 Top 10 Projects FY 2021-2022 Finance Department Project Funding Payroll $10,000 $10,000 Total Funding Sources General Fund Measure I Grant Funds Park Impact Spring Mountain RanchProject Description Program Changes from 20/21 to 21/22:None Bi-weekly payroll processing completed by the Finance Dept.,supported by ADP.The above fees are ADP annual charges. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1.0 3.0 3.5 Top 10 Projects FY 2021-2022 Finance Department Project Funding Budget/Quarterly Reports Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 20/21 to 21/22:None Financial reports prepared and submitted to management and City Council to keep them apprised of the City’s fiscal condition and any variances that may affect the City’s fiscal stability. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1.0 3.0 3.5 Top 10 Projects FY 2021-2022 Finance Department Project Funding Treasurer’s Report Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 20/21 to 21/22:None Financial report prepared and submitted to management and City Council to keep them apprised of the City’s cash on hand at a certain point in time. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1.0 3.0 3.5 City Manager’s Office 57 Top 10 Projects FY 2021-2022 City Manager’s Office Project Funding Human Resources – Position $82,000 $82,000 Total Funding Sources General Fund Project Description Program Changes from 2021-22: Adding Sr.Management Analyst Programs will include,Risk Management,HR Services and Training Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Project Funding Senior Center/ Bus Activities $39,500 $156,067 $195,567 Total Funding Sources General Fund Grant Funds Project Description Program Changes from 2021-22 Senior Center ($29,500 for utilities and operation) Senior Bus Program provides curb-to-curb pickup from their home to the Senior Center and from the Senior Center to various other locations. Senior Center Coordinator (CDBG Grant for meals and coordinator,$35,000,plus $10,000 in General Fund) Top 10 Projects FY 2021-2022City Manager’s Office Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Project Funding Communications Strategy Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 2021-22: E-blast Newsletter Subscriptions,Facebook, YouTube Channel,Partner with CJUSD,Channel 3 Original Programming,Press Releases for Regional Coverage,Communication Plans Top 10 Projects FY 2021-2022City Manager’s Office Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Project Funding Economic Development Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 2021-22: None Continue to promote development on formerly owned Successor Agency property.Work with existing property owners to locate new or help existing businesses expand Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Top 10 Projects FY 2021-2022 City Manager’s Office Project Funding Legislative Agenda Staff Resources Staff Resources Funding Sources General Fund Project Description Program Changes from 2021-22 Continue to work with our legislators to promote the reintroduction of automated street sweeping tickets,Updated Legislative Platform,funding for Mt.Vernon slope and air quality improvements to promote clean air near playgrounds. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Top 10 Projects FY 2021-2022 City Manager’s Office Project Funding Community Benefits Fund $20,000 $20,000 Total Funding Sources General Fund Project Description Program Changes from 2021-22 The Community Benefits Fund allows the City to partner with local community groups by granting them small grants to support community activities. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Top 10 Projects FY 2021-2022 City Manager’s Office Project Funding Transit Occupancy Tax Staff Resources Funding Sources General Fund Project Description Program Changes from 2021-22 Transit Occupancy Tax Staff was directed to come back to Council with an outreach plan and bring forward proposal in March 2022. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 5 Top 10 Projects FY 2021-2022 City Manager’s Office Public Works Public Works Department Division Funding Engineering/ Administration $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Description Program Changes from 20/21 to 21/22:Add 0.5 FTE •Capital Projects •Pavement Management •Traffic Engineering •Development Support •Solid Waste Management •Storm Water Management (NPDES) Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Public Works Department Division Funding Maintenance $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Description Program Changes from 20/21 to 21/22:Add 0.5 FTE •Parks •Facilities •Streets and Roads o Sidewalk Repairs o Pothole Repairs o Pavement Management Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding Pavement Management Plan $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22: Year 3 completed Year 4 of the five-year plan to preserve and improve the condition of streets throughout the City with slurry seal,cape seal and overlay treatments Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding Fitness Park Shade Structure $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22: Ordered Materials &Awarded Contract This project includes the installation of structural supports and fabric shade sails at Fitness Park. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding Wheelchair Swing at Richard Rollins Community Park $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22: Ordered Materials &Awarded Contract This project provides for the installation of a wheelchair swing at Richard Rollins Community Park. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding West Barton Bridge Removal $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22: City of Colton Lead Agency This project provides for the removal of the West Barton Bridge over the abandoned BNSF rail line and replacement with engineered fill supporting a standard two-lane roadway. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding Highway Safety Improvement Project (HSIP) –Cycle 9 Guardrails $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22:None This project provides for installation of guardrail improvements on Mt.Vernon Ave,Barton Rd, Vivienda Ave and Vista Grande. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 Top Priority Projects FY 2021-2022 Public Works Department Project Funding Mt. Vernon Slope Stabilization $ 50,000 $449,854 $68,484 $220,000 $788,338 Total Funding Sources General Fund Measure I Grant Funds Gas Tax Project Description Program Changes from 20/21 to 21/22: Hazard Mitigation Grant Application Submitted This project requires geotechnical engineering and stabilization improvements for the slope along the east side of Mt.Vernon Avenue north of Grand Terrace Road/Canal Street. Staffing Levels 2018-19 2019-20 2020-21 2021-22 2.0 1 3.0 3.5 74 Appropriations Limit for FY 2021-22 Appropriations Limit FY 2021-22 On November 6, 1979, California voters approved the Gann Spending Limitation Initiative (Proposition 4) establishing Article XIIIB of the State Constitution. Article XIIIB sets limits on the amount of tax revenues that the State and most local governments can appropriate within a given fiscal year. Each year, the State and local governments must adopt a resolution establishing an Appropriations Limit, also known as the “Gann Limit”. Fiscal Year 1984-85 appropriations serve as the base for this limit, with adjustments being made annually to reflect increases in population, the cost of living, and financial responsibility transfers. Only tax proceeds are subject to the limit. Charges for services, regulatory fees, grants, loans, donations and other non-tax proceeds are not subject to the limit. All tax revenues received in excess of the Appropriations Limit must be refunded to taxpayers within a two-year period. Appropriations Limit FY 2021-22 The calculation is based on two factors: •The change in the cost of living is defined to be either the change in California per capita personal income or the change in assessed valuation due to the addition of non-residential new construction. •The change in population is defined as either a change in the City’s population or a change in the County’s population,whichever is greater. Change in California per capita personal income (provided by California Department of Finance):5.73% The following are the changes in population from 2020 to 2021 (provided by DOF): City of Grand Terrace (-0.07%) County of San Bernardino 0.17% Since Option 2 (change in San Bernardino County population)is greater than the City of Grand Terrace population change,it is recommended to be used as the population factor for the FY 2021-22 Appropriations Limit calculation. Appropriations Limit FY 2021-22 APPROPRIATIONS SUBJECT TO THE LIMIT FY 2021-22 Total Revenue $ 11,674,483 Less Non-Proceeds of Tax 6,328,377 A) Total Appropriations Subject to the Limit $ 5,346,106 APPROPRIATIONS LIMIT B) FY 2020-21 Appropriations Limit 15,262,095 C) Change Factor**% Increase Factor Cost of Living Adjustment 5.73 1.0573 Population Adjustment 0.17 1.0017 Change Factor (1.0573 x 1.0017)1.0591 D) Increase (decrease) in Appropriations Limit $ 901,990 E) FY 2021-22 Appropriations Limit (B x C)$ 16,164,085 REMAINING APPROPRIATIONS CAPACITY (E-A)$ 10,817,978 Remaining Capacity as Percent of the FY 2021-22 Appropriations Limit 66.93% Appropriations Limit FY 2021-22 Adopt a Resolution of the City Council of the City of Grand Terrace, California, Establishing the Appropriations Limit For Fiscal Year 2021-22, Including Adoption of the Price Factor and Population Factor Change Factor for the Appropriations Limit Calculation Questions City of Grand Terrace Fund Balance Designation JUNE 22, 2021 GASB 54 •(Governmental Accounting Standards Board) - GASB issued Statement #64 which modified fund balance reporting; •Fund Balance refers to the difference between assets (what the City owns) and liabilities (what the City owes). Designations 1.Non-spendable (ex: principal of an endowment fund, developer deposits, prepaids) 2.Restricted (ex: funds restricted for specific purposes such as gas tax for roads, development impact fees, Bond Proceeds) Designations 3.Committed: only the highest decision-making authority –City Council -can commit fund balance *Contingencies *Community Svcs *Public Safety *Fixed Assets Designations 4.Assigned (the City Manager and/or the Finance Director can assign fund balance) 5.Unassigned FUND TITLE # General Fund 10 Community Benefits Fund 61 Light Up Grand Terrace Fund 62 Illegal Fireworks Enforcement Fund 63 Public Safety Fund 64 Community Day Fund 69 Equipment Replacement Reserve 70 Required Fund Balance FY2020-21 Projected Revenues of: $6,276,466 ----------------X 2 = 1,046,078(16.7%) 12 Fund Balance Description 2018-19 2019-20 Est. 2020- 21 Fund Bal,7/1 $3.3m $3.2m $3.6m Revenue $5.9m $6.5m $6.3m Expense ($6.0m)($6.1m)($6.2m) Fund Bal,6/30 $3.2m $3.6m $3.7m Fund balance DESIGNATION Description 2019-20 2020-21 Restricted: Public Works $2.0m $1.1m Committed: Contingencies $0.65m $1.05m Community Svcs $3.1k $2.6k TOTAL $2.6m $2.1m Staff RecommendationAdopt Resolution 2021-XX revising the General Fund’s fund balance commitments for FY2020-21. Questions?