02/22/2022CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 22, 2022
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!!
Beginning June 15, 2020, the City of Grand Terrace reopened its public meetings. Therefore, the regular meeting of
the City Council for February 22, 2022, is now open to the public. Please be advised that social distancing will be
practiced, and occupancy limits will be enforced.
Please note that Pursuant to Assembly Bill 361, due to COVID-19, The City of Grand Terrace is authorized to make
public meetings accessible electronically for members of the public wishing to address the City Council. The regular
meeting of the City Council for February 22, 2022, will also be conducted in-person, 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 provide 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: 856 6396 1764
Password: 528016
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 February 22, 2022
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 - NONE
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 – 02/08/2022
DEPARTMENT: CITY CLERK
3. City Department Monthly Activity Report - December 2021
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council February 22, 2022
City of Grand Terrace Page 3
4. Planning Commission Notice of Vacancy
RECOMMENDATION:
Direct the City Clerk to advertise for appointment to the Planning Commission, accept
applications and schedule interviews.
DEPARTMENT: CITY CLERK
5. Approve an Agreement with the San Bernardino County Fire Protection for Household
Hazardous Waste Collection Services
RECOMMENDATION:
1. Approve a Household Hazardous Waste Agreement with San Bernardino County
Fire Protection District with a total compensation of $105,864.19 and for a 5 year
term commencing on July 1, 2022.
2. Authorize City Manager to execute the Agreement and any subsequent non-fiscal
amendments, subject to City Attorney approval as to form.
DEPARTMENT: CITY MANAGER
6. Oppose Initiative 21-0042A1 - State Ballot Measure Restricting Voters' Input and Local
Taxing Authority
RECOMMENDATION:
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA OPPOSING THE TAXPAYER PROTECTION AND
GOVERNMENT ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1
DEPARTMENT: CITY MANAGER
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 - NONE
F. UNFINISHED BUSINESS - NONE
Agenda Grand Terrace City Council February 22, 2022
City of Grand Terrace Page 4
G. NEW BUSINESS
7. Acceptance of a Donation of Real Property (APN 0276-213-47-0-000 and Generally
Located at Intersection of Preston Street and Barton Road)) from Angeline Petta,
Trustee of the Family Trust of Anthony Petta and Angeline Petta (aka Petta Trust)
Dated May 10, 2012
RECOMMENDATION:
Adopt “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE FINDING THAT THE ACCEPTANCE OF THE DONATION OF REAL
PROPERTY GENERALLY LOCATED AT PRESTON STREET AND BARTON ROAD IN
GRAND TERRACE, CA (APN 0276-213-47-0-000) FROM ANGELINE PETTA,
TRUSTEE OF THE FAMILY TRUST OF ANTHONY PETTA AND ANGELINE PETTA
(AKA PETTA TRUST) DATED MAY 10, 2012 AND THE APPROVAL OF THE
RELATED REAL PROPERTY DONATION AGREEMENT IS NOT SUBJECT TO CEQA;
AND ACCEPTING THE DONATION OF REAL PROPERTY THEREOF AND
APPROVING THE DONATION AGREEMENT THEREOF, CONTINGENT UPON THE
PLANNING COMMISSION’S FINDING THEREOF CONFORMS WITH THE CITY'S
GENERAL PLAN”
DEPARTMENT: CITY ATTORNEY
8. Approval of an Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions with the San Bernardino County Transportation Authority (APNs 1167-231-
10 and 1167-231-22) in the Amount of $141,000 (Property Generally Located at
Intersection of Barton Road and Commerce Way)
RECOMMENDATION:
(1) Approve the Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions; and
(2) Authorize the Mayor to sign the Agreement subject to City Attorney’s approval as to
form.
DEPARTMENT: CITY ATTORNEY
9. Establishment of Planning Commission/Site & Architectural Review Board Alternates
RECOMMENDATION:
Discuss and provide direction on whether to establish Planning Commission/Site &
Architectural Review Board alternates.
DEPARTMENT: CITY ATTORNEY
Agenda Grand Terrace City Council February 22, 2022
City of Grand Terrace Page 5
10. Direct Staff to Engage in Community Outreach and Education Relating to a Proposed
Ballot Measure to Establish a Transit Occupancy Tax.
RECOMMENDATION:
Direct Staff to identify and engage resources necessary for community outreach and
voter education as it relates to this matter.
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. CLOSED SESSION - NONE
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, March 8, 2022, 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 ● FEBRUARY 8, 2022
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday,
February 8, 2022, at 6:00 p.m.
Mayor McNaboe announced that the Regular Meeting of the City Council will be
adjourned in memory of former legislative official and Grand Terrace resident, Gene
Carlstrom.
INVOCATION
The Invocation was given by Dr. Fred Adams of The Rock Church.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Lieutenant Bryan Lane of the San Bernardino
County 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
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Terry Shea Interim Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS - NONE
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Minutes Grand Terrace City Council February 8, 2022
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 01/25/2022
APPROVE THE REGULAR MEETING MINUTES OF JANUARY 25, 2022
3. October 14, 2021, Parks & Recreation Advisory Committee and December 6, 2021,
Historical & Cultural Activities Committee Meeting Minutes Update
RECEIVE AND FILE.
4. Re-Authorize and Extend Remote Teleconference Meetings of the Legislative Bodies of
the City of Grand Terrace, Successor Agency to the Grand Terrace Community
Redevelopment Agency, and Grand Terrace Housing Authority for a 30-Day Period
Pursuant to the Ralph M. Brown Act and Assembly Bill No. 361
RE-AFFIRM AND EXTEND RESOLUTION NO. 2021-40, A JOINT RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, THE BOARD OF THE
SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY
REDEVELOPMENT AGENCY, AND THE BOARD OF THE GRAND TERRACE
HOUSING AUTHORITY RE-RATIFYING THE PROCLAMATION OF A STATE OF
EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF GRAND TERRACE, SUCCESSOR AGENCY TO THE
GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND GRAND
TERRACE HOUSING AUTHORITY FOR A 30-DAY PERIOD PURSUANT TO THE
RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361
5. City of Grand Terrace Legislative Platform for Assemblymember Reyes and State
Senator Leyva to Advance in California State Assembly and Senate
RECEIVE AND FILE.
6. A Resolution Supporting "Our Neighborhood Voices" Initiative to Ensure Local Zoning
and Land-Use Issues Are Locally Governed Rather Than Being Subject to Statewide
Regulations
THAT THE CITY COUNCIL ADOPT A RESOLUTION TO SUPPORT "OUR
NEIGHBORHOOD VOICES" INITIATIVE
7. Approval of Amendments to the Agreements Between the City of Grand Terrace and
Willdan Engineering and Interwest Consulting Group, Inc. to Extend the Terms Thereof
and to Increase the Compensation of the Willdan Engineering Agreement; and
Authorize the City Manager to Terminate the Agreement for On-Call Engineering
Services with TKE Engineering, Inc.
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Minutes Grand Terrace City Council February 8, 2022
City of Grand Terrace Page 3
1. AUTHORIZE THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO
TERMINATE THE AGREEMENT FOR ON-CALL ENGINEERING SERVICES WITH
TKE ENGINEERING, INC. (DATED JULY 14, 2020), WITHOUT CAUSE, IN A
MANNER CONSISTENT WITH SUCH AGREEMENT;
2. APPROVE AMENDMENT NO. 1 TO THE AGREEMENT FOR ON-CALL
ENGINEERING SERVICES WITH WILLDAN ENGINEERING (DATED JULY 14,
2020), WHICH EXTENDS THE AGREEMENT TO JULY 14, 2023, AND
INCREASES THE TOTAL COMPENSATION BY $43,290 (TOTAL
COMPENSATION $93,290);
3. APPROVE AMENDMENT NO. 2 TO THE AGREEMENT FOR ON-CALL
ENGINEERING SERVICES WITH INTERWEST CONSULTING GROUP INC.
(DATED JULY 14, 2020), WHICH EXTENDS THE AGREEMENT TO JULY 14,
2023; AND
4. AUTHORIZE THE MAYOR TO EXECUTE THE ABOVE-MENTIONED
AMENDMENTS SUBJECT TO THE CITY ATTORNEY’S APPROVAL AS TO
FORM.
8. Stormwater and Wastewater Permit Fee Payment
1. APPROVE PAYMENT OF THE STORMWATER AND WASTEWATER PERMIT
FEE FROM THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) IN
THE AMOUNT OF $10,602.00; AND
2. AUTHORIZE THE CITY MANAGER TO MAKE PAYMENT OF ALL FUTURE
STORMWATER AND WASTEWATER PERMIT FEE INVOICES FROM THE
SWRCB TO BE PAID ON AN ANNUAL BASIS.
9. Authority to Apply for a Grant Under CalRecycle's SB 1383 Local Assistance Grant
Program
APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR CALRECYCLE’S SB
1383 LOCAL ASSISTANCE GRANT PROGRAM FOR WHICH THE CITY OF GRAND
TERRACE IS ELIGIBLE.
D. PUBLIC COMMENT
None.
E. PUBLIC HEARINGS
10. Prioritization of Funding Recommendations for Community Development Block Grant
(CDBG) Funds for Program Year 2022-23
Noel Carpenter, Senior Management Analyst gave the staff report and PowerPoint
presentation for this item.
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Minutes Grand Terrace City Council February 8, 2022
City of Grand Terrace Page 4
1) CONDUCT A PUBLIC HEARING FOR THE PRIORITIZATION OF ELIGIBLE
APPLICATIONS FOR 2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING; AND,
2) PRIORITIZE FUNDING ALLOCATIONS AND AUTHORIZE STAFF TO SUBMIT
THE CITY'S CDBG FUNDING RECOMMENDATION TO THE COUNTY OF SAN
BERNARDINO ECONOMIC DEVELOPMENT AGENCY.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
11. Guidelines for Filling City Council Vacancies by Appointment
Adrian Guerra, City Attorney gave the staff report and PowerPoint presentation for this
item.
Mayor Darcy McNaboe opened the public hearing at 6:15 p.m.
PUBLIC COMMENT
None.
Mayor McNaboe closed the public hearing at 6:15 p.m.
CONSIDER ADOPTION OF A RESOLUTION APPROVING GUIDELINES FOR
FILLING CITY COUNCIL VACANCIES BY APPOINTMENT OR PROVIDE OTHER
DIRECTION
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
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Minutes Grand Terrace City Council February 8, 2022
City of Grand Terrace Page 5
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.
Mayor Darcy McNaboe
On February 2, 2022, Mayor McNaboe attended the Board of Directors Meeting for
Omnitrans and the Board of Directors Meeting for the San Bernardino Transportation
Authority. To view report, click here.
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced that on Wednesday, February 9, 2022, at
approximately 7:30 p.m., Barton Road will be closed just east of Grand Terrace and will
be reduced to one lane. From 9:00 p.m. to 6:00 a.m. there will be a complete shutdown
of the roadway to replace a damaged power pole.
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council in memory of Gene
Carlstrom at 6:45 p.m. The Next Regular Meeting of the City Council will be held on
Tuesday, February 22, 2022, at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: City Department Monthly Activity Report - December 2021
PRESENTED BY: Konrad Bolowich, City Manager
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:
This Monthly report includes December 2021 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.
FISCAL IMPACT:
The Monthly report has no fiscal impact. The monthly reports do not provide budgetary
status. The Finance Department will continue to produce individual monthly financial
reports which are separate from the Department monthly reports.
ATTACHMENTS:
• City Manager Monthly Department Report [Final] - December 2021(PDF)
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APPROVALS:
Debra Thomas Completed 02/16/2022 9:20 AM
City Manager Completed 02/16/2022 12:03 PM
City Council Pending 02/22/2022 6:00 PM
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MONTHLY REPORT
December 2021
PRESENTED BY
THE CITY MANAGER’S OFFICE
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Organizational Chart .........................................................................................1
City Clerk ...........................................................................................................2
Committee/Commissions ........................................................................7
City Manager .....................................................................................................8
Senior Center ....................................................................................... 12
Senior Bus Program ............................................................................. 15
Communications ................................................................................... 20
Planning and Development ............................................................................ 24
Code Enforcement ............................................................................... 42
Weekend Code ..................................................................................... 43
Parking/Graffiti ...................................................................................... 44
Animal Control ...................................................................................... 46
Public Works .................................................................................................. 51
Engineering Division ............................................................................. 52
Maintenance ......................................................................................... 52
Park Maintenance ................................................................................ 54
Burrtec Waste Generation Report ...................................................... N/A
Public Works Administration ................................................................. 56
Sheriff’s Contract ............................................................................................ 58
Law Enforcement Services ................................................................... 59
San Bernardino County Fire ........................................................................... 62
Emergency Management Services ...................................................... 63
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CITY MANAGER
Organization Chart
City Manager
City Clerk Planning & Development Public Works Finance Public Safety
Agenda Processing Land Use Planning Engineering Accounting Fire District
Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement
Records
Management Building & Safety Storm Drain
Maintenance Payroll
FPPC Filings Code Enforcement
Facilities
Maintenance Treasury
Public Records Enforcement Program
Parks Maintenance
Senior Bus Program
1
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DATE: February 22, 2022
TO: City Manager’s Office
FROM: Debra Thomas, City Clerk
City Clerk’s Office
SUBJECT:
DECEMBER 2021 CITY CLERK MONTHLY REPORT
This monthly report is presented to the City Manager to keep him informed of the activities and
responsibilities within the City Clerk’s Department over the last six (6) months.
The City Clerk’s Office is staffed with one position that includes the City Clerk. The primary
responsibilities for this department are Council Support Services, Records Management,
Administrative Processing, Board Administration and Election Services. Each of these functions
require a collaborative effort between the department staff to ensure that all components within
the process are completed from origin to file. As the official records manager for all City
documents it is imperative that this process be accurate to ensure the preservation of the City’s
history.
AGENDAS/POSTINGS
The City Clerk is responsible for preparing agendas and postings for all City Council Regular
and Special Meetings, as well as for the Housing Authority and Successor Agency to the
Community Redevelopment Agency.
The total number of agendas processed for the December 2021 is two (2) , spending a total of
sixteen (16) hours preparing the agenda packet producing 1,221 pages.
AGENDA PROCESSING/POSTING
MONTH Regular Meeting Special Meeting Totals
July 2 2 4
August 2 0 2
September 2 0 2
October 2 2 4
November 1 1 2
December 1 1 2
Total Processed 10 6 16
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RESOLUTIONS & ORDINANCES
The City Clerk is responsible for the security of all official City records including Resolutions.
Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed,
certified, and published, when appropriate.
It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to
Council have been certified and made available for review by the public. The City Clerk must
coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and
second readings.
The number of Resolutions processed for the month of November is one (1) and Ordinances
processed for the month of December is five (5).
RESOLUTIONS AND ORDINANCES PROCESSED
RESOLUTIONS ORDINANCES MONTHLY
TOTALS
July 4 0 4
August 10 0 10
September 2 0 2
October 3 0 3
November 1 1 2
December 5 0 5
Total Processed 25 1 26
RECOGNITION ACTIVITY
Its purpose is to recognize individuals, groups, and events of significance to the Grand Terrace
community by the issuance of Certificates, Recognition, Acknowledgment and Commendation
Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are
obtained on the document, coordinate attendance at Council meetings for the individual, group,
or event representative to accept the recognition, as well as prepare Council with all necessary
information to present the recognition if presentation will be held at another venue.
For the month of December 2021, no Certificates of Recognitions or In Memoriam
Adjournments were issued on behalf of the City Council.
Month Certificate of
Acknowledgment
w/Pin
Certificate of
Recognition
w/Pin
Commendation
w/Pin In Memoriam
Adjournments Certificate of
Participation Proclamation Total
July 0 0 0 2 0 0 2
August 0 9 0 0 0 0 9
September 0 39 1 0 0 0 40
October 0 6 0 1 0 0 7
November 0 7 0 0 0 1 8
December 0 0 0 0 0 0 0
Total 0 61 1 3 0 1 66
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CONTRACTS AND AGREEMENTS PROCESSED
The City Clerk works closely with the City Council and is responsible for processing follow-up
documentation. Management of these documents include contracts and agreements, and it is
the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan, and file.
For the month of December 2021, City Council approved four (4) agreements.
CONTRACTS & AGREEMENTS PROCESSED
July 3
August 2
September 2
October 1
November 1
December 4
Total 13
RECORDS REQUESTS
The City Clerk’s office received eight (8) Requests for Copies of Public Records for the month of
December 2021. Six (6) of these requests were completed within the Government Code Section
6253(c)’s requirement of ten (10) calendar days and two (2) required an extension. The total
number of pages provided in response to those requests were 12,236.
RECORDS REQUEST SUMMARY
Month
Requests
Received
Completed
Within 10
Days
Completed
with 14-Day
Extension
# of
Pages
Provided
Letter to
Requestor
– No
Records
July 9 9 0 342 2
August 11 11 0 398 1
September 7 7 0 45 1
October 14 13 1 130 5
November 6 6 0 63 2
December 8 6 2 11,258 0
Total
Requests 55 52 3 12,236 11
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CUSTOMER SERVICE – TELEPHONE CALLS
The City Clerk is responsible for receiving and responding to inquiries and external customer
service requests, communicating, coordinating, and responding to internal department requests,
external agency cooperation and legislative bodies.
For the month of December 2021, the City Clerk’s office responded to 311 telephone calls from
residents, contractors, vendors, consultants, and in-house customer service assistance to City
staff.
TELEPHONE CUSTOMER SERVICE
July 286
August 252
September 278
October 288
November 290
December 311
Total Calls 1,705
HISTORICAL & CULTURAL COMMITTEE ACTIVITY
The Historical and Cultural Activities Committee preserves the history of Grand Terrace and
facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a
liaison facilitating communication between the committee and City Manager and City Council,
maintains the committee minutes of its proceedings and provides support for the Annual Art
Show, Country Fair and City Birthday Party.
Month Committee
Meeting
Emails
w/Committee
Members &
Vendors
Written
Correspondence
w/Committee
Members
Telephone
Calls with
Committee
Members
& Vendors
Art
Show/Country
Fair & City
Birthday Prep
& Attendance
Total
# of
Hours
June 0 0 0 0 0 0
July 1 .5 .5 0 0 2.0
August 0 .5 0 0 0 .5
September 0 .5 0 0 0 .5
October 1 .5 0 .25 0 1.75
November 1 .5 0 .25 0 1.75
December 1 .5 .5 .25 4.0 6.25
TOTAL #
HOURS 4.0 3.0 1.0 .75 4.0 12.75
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COMMITTEES/COMMISSIONS
The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and
ensuring that all information is current and up-to-date for each. Listed below are the number of
current Appointed City Committees/Commissions, including the number of alternates and
vacancies that may exist:
COMMITTEES/COMMISSIONS
# OF
MEMBERS
# OF
ALTERNATES
# OF
VACANCIES
Historical & Cultural Activities
Committee 7 0 0
Planning Commission 5 0 0
Parks & Recreation Committee 5 0 0
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DATE:
February 22, 2022
TO: Konrad Bolowich, City Manager
City Manager’s Office
FROM: Debra L. Thomas, City Clerk
SUBJECT: December-2021 Monthly Services Report
This monthly report is presented to the City Manager to keep the City Manager and Policy Makers
informed of the activities within the City Manager’s Office and programs administered by the office to
meet service demands. The tasks and projects identified within the monthly report represent programs
administered by the City Manager’s Office. The projects identified in this report do not represent the City
Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council
in separate and distinct reports. The attached monthly report addresses the City Manager’s Office
administration of the following activities:
Human Resources
Senior Center
Finance (currently ACM is Acting Finance Director)
IT and Communications
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful planning,
within the constraints of a fiscally responsible government.
OUR VISION
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and
recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an
outstanding quality of life that fosters pride and an engaged community, encouraging families to come and
remain for generations.
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HUMAN RESOURCES
Mission:
It is the mission of human resources to support the organization in meeting its mission and goals through
one of its most valuable resources - its PEOPLE.
Values:
Develop
An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that
fosters camaraderie, fellowships, challenges, and safety.
Increase
Participation in City and community activities while seeking knowledge, enthusiasm, and an
improved quality of life for ourselves, co-workers, and the community.
Respect
Team member values that may be different from our own and accept responsibility for
promoting ethical and legal conduct in personal and business practices.
Communicate
In a candid and fair manner with the diverse workforce from whom our City derives its
strength.
CORE SERVICES
1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective
internal interview process, conducting thorough reference checks.
2. Properly balancing the needs of the employees and the needs of the organization.
3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by:
maintaining compliance with employment laws and government regulations, providing
management and employee training, and developing policies and procedures.
4. Providing training and development in areas of: effective leadership and career development
of employees, and, employment law and government regulation.
5. Retaining our valued employees by: assuring effective leadership qualities in our managers;
furnishing technical, interpersonal and career development training and coaching; supplying
relevant feedback to management; and enhancing two-way communication between employees
and management.
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TABLE 1
Recruitment Activity
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Recruitments Initiated 3 0 2 0 0 1
Recruitments in Progress 3 1 1 3 1 1
Recruitments Pending 2 1 1 0 1 0
Applications Processed 129 0 49 35 0 0
New Hires Processed 2 0 4 4 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Recruitments Initiated
Recruitments in Progress
Recruitments Pending
Applications
Received/Processed
New Hires Processed
TABLE 2
Employee Job Performance Activity
Description
Jul-
2021
Aug-
2021
Sept
2021
Oct-
2021
Nov-
2021
Dec-
2021
Evaluations Processed 1 0 1 3 1 6
Description
Jan-
2021
Feb-
2021
Mar-
2021
Apr-
2021
May-
2021
Jun-
2021
Evaluations Processed
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SENIOR CENTER
Mission:
To provide recreational, educational, and social activities for the seniors in the community and to
enrich our seniors lives through friendship, activities, education, and nourishment.
Core Values:
Seniors are recognized as a valuable asset.
Seniors have the opportunity to contribute and expand their talents and knowledge.
Seniors strengthen our community and benefit personally by their involvement.
Seniors have access to a full spectrum of services, including social, emotional, educational, and
recreational opportunities appropriate to their unique needs and interests.
Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served.
TABLE 1 - Senior Center Activities
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Nutrition Program (# of meals
served)
660 815 1,015 730 860 915
Homebound Meals 230 285 295 335 295 200
Bingo
Bridge
Bunco
Coffee with Megan
Exercise Classes
Garden Club
Morning Glories (quilting)
Movies with Solomon
Paint Classes
Card Game Night (Wednesday)
Zumba
Kings Corner
Cribbage
Cell Phone Class
Loteria
SPECIAL EVENTS
Monthly Birthday Celebration
Entertainment (2nd Fri. each mo.)
Volunteer Meeting
Hydration Station
Bus Pass Distribution
4th of July Party / Sept Pizza Party /
Health Screening
Christmas / Holiday Celebration
Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
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Description
*Jan
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*Feb
2022
**Mar
-2022 Apr-
2022
May-
2022
Jun-
2022
Nutrition Program (# of meals
served)
Homebound Meals
Arts and Crafts Classes
Bingo
Bridge
Bunco
Coffee with Shari
Exercise Classes
Garden Club
Morning Glories (quilting)
Movies with Solomon
Paint Classes
Card Game Night (Wednesday)
Zumba
Kings Corner
Cribbage
Cell Phone Class
Loteria
SPECIAL EVENTS
Monthly Birthday Celebration
Entertainment (2nd Fri. each mo.)
Volunteer Meeting
Hydration Station
Bus Pass Distribution
4th of July Party / Sept Pizza Party
Health Screening
Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
** - Due to COVID-19, the Senior Center will only be providing limited meals.
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1
0
100
200
300
400
500
600
700
800
900
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660
815
1015
730
860 915
230
285 295 335 295
200
Senior Center (2021 -22)
July-2021 -December-2021
# of Meals Served Homebound Meals
0
100
200
300
400
500
600
700
800
900
January February March April May June
0 0 0 0 0 000000 0
Senior Center (2021-22)
January-2022 -June-2022**
# of Meals Served Homebound Meals
** - Due to COVID-19, the Senior Center will only be providing limited meals.
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TABLE 2
Senior Center Blue Mountain Silver Liner
# of Passengers
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Within City Limits (Senior
Center, Stater Brothers,
Library)
324 441 407 209 373
213
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Within City Limits (Senior
Center, Stater Brothers,
Library)
0 0 0 0 0 0
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
TABLE 3
# of Rides
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Within City Limits (Senior
Center, Stater Brothers,
Library)
652 879 835 418 756 430
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Within City Limits (Senior
Center, Stater Brothers,
Library)
0 0 0 0 0
0
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
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50
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150
200
250
300
July August September October November December
324 441 407
209
373
213
652 879 835 418 756 430
Senior Transportation
July-2021 -December-2021
# of Passengers # of Rides
0
50
100
150
200
250
300
January February March April May June
0 0 0 0 0 000000 0
Senior Transportation
January-2022 -June -2022
# of Passengers # of Rides
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Oc-17 7%5%
FINANCE
Mission:
To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest
ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate
financial reporting.
Values:
Transparency (Accessibility of Information):
The Finance Department will ensure openness, clarity and comprehensibility when providing
reliable, relevant, and timely financial information to the public.
Integrity (Reliability on Information Provided):
The Finance Department commits adherence to the highest ethical standards. The financial
services provided will be honest, fair, and unbiased.
Quality (Commitment to Excellence):
The Finance Department will deliver financial services expeditiously and provide valuable
support services to other departments and the community.
Teamwork (Mutual Respect and Cooperation):
The Finance Department will work together collaboratively with others, recognize the role and
contribution each person makes, and provide assistance as necessary to achieve the City’s 2030
Mission, Vision and Goals.
CORE SERVICES
The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and
Treasury. The Finance Department works in partnership with other departments to effectively develop,
manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and
projects.
1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations
which includes vendor payments, employee and resident reimbursements, and payroll.
2. Financial Reporting – to provide accurate and meaningful reporting on the City’s
financial condition through the City’s monthly and annual financial reports.
3. Purchasing – to authorize the purchase of quality products in a cost-effective manner.
4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective
financing, investments, and cash collection of the City’s resources to enhance the City’s
financial condition.
17
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TABLE 1
Financial Activity
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Invoices Processed 165 124 145 136 120 163
164 Checks Issued 76 88 86 108 72 164
Purchase Orders Established 18 10 12 10 9 5
Revenue Receipts Recorded 22 31 45 57 47 23
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Invoices Processed
Checks Issued
Purchase Orders Established
Revenue Receipts Recorded
165
76
18 22
124
88
10
31
145
86
12
45
136
108
10
57
120
72
9
47
163 164
5
23
0
25
50
75
100
125
150
175
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21
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FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL:
Monthly:
1. Check Register; and
2. General Fund Monthly Financial Report (revenues less expenditures).
Quarterly:
1. Business License Report; and
2. Treasurer’s Report (current cash flow and fund balance); and
3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund).
Annual:
Audited Annual Financial Reports for the following:
1. City – all Funds;
2. Measure I – Fund 20;
3. Air Quality Management District (AQMD) – Fund 15; and
4. Housing Authority- Fund 52.
0
0.2
0.4
0.6
0.8
1
1.2
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22
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COMMUNICATIONS
Mission:
To develop, implement and provide comprehensive internal and external communications for the City
and its community.
Core Services:
Plan, organize and disseminate timely and accurate information and promote awareness of
City operations, services, programs, projects, events, and issues to the community.
Promote and provide positive and proactive media relations for the City. Disseminate news
materials in a timely manner.
Initiate and write press releases, public service announcements, articles, and websites for
media distribution.
Maintain and improve the City’s website for distributing mass media information under
various situations.
Channel 3: Jul Aug Sep Oct Nov Dec
City Council Meeting Replays 2 2 2 2 1 1
Activities/Items Added to Slideshow 0
Channel 3: Jan Feb Mar Apr May Jun
City Council Meeting Replays
Activities/Items Added to Slideshow
Eblast Jul Aug Sep Oct Nov Dec
Number of E-newsletters Distributed 3 4 1 2 1 0
Number of Subscribers 865 866 872 873 874 881
Change in Subscribers 35 1 6 1 1 7
Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data
Eblast Jan Feb Mar Apr May Jun
Number of E-newsletters Distributed
Number of Subscribers
Change in Subscribers
Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data
* New e-newsletter management system does not currently track emails opened.
2021-2022 City Communications Data:
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Facebook Jul Aug Sep Oct Nov Dec
Posts 3 4 0 8 3 2
Total Reach* 4,068 5,794 0 7,290 2,126 2,389
Total Engagement** 376 608 0 716 104 493
Page Followers 2,540 2541 2,560 2,583 2,601 2,603
New Page Followers 9 1 19 23 18 2
Facebook Jan Feb Mar Apr May Jun
Posts
Total Reach
Total Engagement
Page Followers
New Page Followers
* Reach refers to the number of unique people to have seen a post's content.
** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares.
5 Most Popular City Facebook Pages (By % of population) – San Bernardino County
% of
Pop.
1) Twentynine Palms 27.67%
2) Apple Valley 24,73%
3) Yucca Valley 24.90%
4) Grand Terrace 19.79%
5) Hesperia 15.32%
2,540 2,541 2,560 2,583 2,601 2,603
2,300
2,550
Jul -21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21
FACEBOOK PAGE FOLLOWERS
21
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Twitter Jul Aug Sep Oct Nov Dec
Tweets 0 0 0 0 0 0
Impressions 740 1,085 475 328 328 236
Followers 334 333 334 340 340 340
New Followers 3 -1 1 1 1
Twitter Jan Feb Mar Apr May Jun
Tweets
Impressions
Followers
New Followers
YouTube Jul Aug Sep Oct Nov Dec
Video Uploads 2 2 2 2 1 1
Video Views 88 86 56 60 62 37
Subscribers 171 171 171 172 172 173
Change in Subscribers -1 0 0 1 0 1
YouTube Jan Feb Mar Apr May Jun
Video Uploads
Video Views
Subscribers
Change in Subscribers
*** Impressions refers to the number of times a tweet has been seen.
334 333 334
339 340 340
300
325
350
375
400
Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21
TWITTER PAGE FOLLOWERS
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City News Jul Aug Sep Oct Nov Dec
Articles 6 1 1 0 3 2
1/2-Page Ad 0 0 0 0 1 0
1/4-Page Ad 1 1 1 0 0 0
City News Jan Feb Mar Apr May Jun
Articles
1/2-Page Ad
1/4-Page Ad
AM 1640 Jul Aug Sep Oct Nov Dec
Advertisement of City Events 0 0 0 4 1 0
AM 1640 Jan Feb Mar Apr May Jun
Advertisement of City Events
Burrtec Newsletter Jul Aug Sep Oct Nov Dec
Bi-Monthly Newsletter 1 0 1 0 1 0
Burrtec Newsletter Jan Feb Mar Apr May Jun
Bi-Monthly Newsletter
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24
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DATE: February 22, 2022
TO: Konrad Bolowich, City Manager
City Manager’s Office
FROM: Planning Division
SUBJECT: DECEMBER 2021 PLANNING DIVISION MONTHLY REPORT
This monthly report is presented to the City Manager to keep him informed of the activities
within the Planning Division.
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful
planning, within the constraints of a fiscally responsible government.
OUR VISION
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and
recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an
outstanding quality of life that fosters pride and an engaged community, encouraging families to
come and remain for generations.
PLANNING DIVISION
Planning Core Services
➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Plan Review
The Planning Division is budgeted for one full time Director, one full time Associate
Planner and one full time Assistant Planner. All positions are filled and together constitute
a minimum of 480 monthly service hours.
25
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Activity Summary for Planning
Planning Counter Requests for Information: 48
Planning Phone Calls Received: 113
Planning E-mails Received/Answered: 1009
FEMA/COVID-19/SBC OES: Related E-mails Received: 75
Application Summary
The Planning Division received 9 new applications in December and carried over 19 from
the previous month. Eleven applications were deemed complete and were fully executed.
Minor applications such as a new business, patio cover, or small room additions are
handled as a Land Use application and typically processed within 2-3 days. Larger
additions over 500 square feet or second dwelling units are handled administratively by
staff with noticing, and those projects that are either new development or exceed the
Director’s administrative authority are handled as Major Permits and are reviewed by the
Planning Commission. Home occupation permits are for home based business, such as
consulting, housekeeping, and small craft businesses.
Application Summary for December 2021
Applications Number
Received
Carried Over Completed Under Review
Major 0 13 0 13
Administrative 1 1 0 2
Land Use 8 3 9 2
Home
Occupation
0 1 1 0
Sign 0 1 1 0
Special Event 0 0 0 0
DAB 0 0 0 0
Total 9 19 11 17
0 2 4 6 8 10 12 14
Major
Administrative
Land Use
Home Occupation
Sign
Special Event
DAB
Applications Received and Carried
Over in December 2021
Under Review Completed Carried Over Received
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Applications Received, Approved and/or Under Review.
Fiscal year 2021-2022 to date the Planning Division has received 65 applications for
review, 17 applications remained under review from previous months. A comprehensive
list of the applications and their status is at the end of the Planning Division’s report.
One Land Use applications for a new business was received in the month of December,
“Three Bees” (Thrift Shop).
Overall Land Use applications are the most predominant applications that the Planning
Division processes. Eight Land Use applications were received in December.
0 10 20 30 40 50
Major
Administrative
Land Use
Home Occupation
Signs
Special Event
DAB
Zoning Verification
Applications Received Fiscal Year to Date
July August September October November December
January February March April May June
3
11
1
1
1
Land Use Application
Wall/Fence
Shed/Accessory Structures
Patio Covers/Sunroom
Pools
New business
Minor Improvements
Temporary Uses/Special Events
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Projects in Plan Check or Under Construction
Date
Submitted
Case No. Applicant Description Location Status
11/2/2020 SA 20-08
CUP 21-01
V 20-01
LM 20-2
E 20-08
Bickel Group Multi-Tenant
Commercial
APN’s:0275-
242-10, 11
Approved by the
Planning
Commission on
3/18/2021
05-15-2021 –
Construction
drawings
submitted
At the public hearing held on March 18, 2021, the Planning Commission adopted Resolution
2021-01, approving the construction of a 5,342 square-foot Multi-tenant Shopping Center on
0.88-aces. There were no appeals made during the public hearing.
3/29/2019 SA 19-04
E 19-03
Leonardo and
Anel Aguayo
Single Family
Residence
0275-083-09 Under
Construction
At the public hearing held on June 6, 2019, the Planning Commission adopted a Resolution
2019-07, approving the construction of a 3,627-square foot single family home on a 0.48-
acre lot. There were no appeals made during the public hearing.
5/11/2018 ASA 18-06
E 18-06
Tim Boyes Two lots Grading
Plans
0276-431-21,
22
Under
Construction
On august 16, 2018, the Planning and Development Services Department approved the
rough grading for two lots located on the west side of Vista Grande Way, north of Grand
Terrace Road.
11/15/2020 SA 17-04
E 17-09
Todd Kesseler Single Family
Residence
23400
Westwood
Street
Under
Construction
At the public hearing held on April 18, 2019, the Planning Commission adopted Resolution
2019-06, approving the construction of a 3,884-square foot single family home on a 1-acre
lot. There were no appeals made during the public hearing
Development Advisory Board (DAB)
The Development Advisory Board is made up of the Planning and Development Services
Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the
RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual
plans for various projects and new development applications, and is conducted free of
charge. No DAB meetings took place in the month of December.
Planning Commission
The Planning Commission reviews new construction, subdivisions, variances and
conditional use permits. They also make recommendations on zone changes, zoning
code amendments, and general plan changes.
One Planning Commission Meeting was held in the month of December and the following
actions occurred:
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December 2, 2021:
• The Planning Commission adopted a Resolution, approving Conditional
Use permit 20-03, Site and Architectural Review 20-09, Variance 21-01 and
Environmental 20-09, proposing a 200-Megawatt Battery Energy Storage
System (BESS) Facility on an approximate 10-acre site (APN: 1167-151-
77-0000).
Conforming Uses and Grants
The City was awarded funding for its Blue Mountain Trailhead and Trail application and
continues to implement the grant.
Staff was informed that through the efforts of Assembly Member Reyes, the City is the
recipient of a $1.2 Million Dollar Specified Grant for the acquisition and development of
the Blue Mountain Trail and Trailhead. This grant is funded through the State Budget and
is non-competitive. Staff met with State representatives on August 15, 2019.
Grant 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.
Community workshop #2 – July 19, 2021
$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
Grant (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.
Community Emergency Response Team
Due to COVID-19 social distancing restrictions, CERT meetings have been held via
zoom. The regular CERT volunteer meeting was cancelled for the month of December.
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Attachment to Planning Division’s Report
Applications Received, Approved and/or Under Review
Major Applications - Site and Architectural Review
Date
Submitted
Case No. Applicant Description Location Status
11/17/2021 SA 21-09
CUP 21-06
E 21-07
V 21-02
SP 21-01
Sunoil Retail
Group
Gas Station 22505 Barton
Road
APN:1178-011-07
Project
Submitted
11/17/2021
Under Review
The application is proposing the construction of a 2,660 square foot gas station and
convenience store on a .36-acre parcel located at 22505 Barton Road (APN: 1178-011-
07-0000), zoned Barton Road Specific Plan, Village Commercial. The proposed gas
station will have (4) four fueling stations pumps provides regular, diesel, and E85 fuels;
the convenience store will consist of providing fresh hot, cold, and prepackaged items. The
project will also include two community outdoor area. Access to public street through
Mount Vernon and Barton Road.
9/10/2021 SA 21-08
E 21-05
Carli Norris Single Family
Residence
APN:0276-421-27 Project
Submitted
Deemed
Incomplete on
10/14/2021
Staff continues
to work with
applicant.
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
Deemed
Incomplete on
6/7/2021
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 and
inconsistent the
zoning
5/7/2021
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
Deemed
Incomplete on
1/22/2021,
New Concept 30
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Taylor Street) Resubmittal
Received on
3/8/2021 -
Anticipated PC
Third quarter
2021
Second
Incompleteness
Letter issued
4/8/2021
Resubmittal on
10/4/2021
Public
Outreach
Workshop –
11/02/2021
Resolution
accepted
12/02/2021
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
– first quarter
2022
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.
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-
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 31
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3,000 square feet to about 5,400 square feet. The project has been placed on hold by
the request of the applicant.
3/16/2020 SA 20-02
TTM 20-01
SP 20-01
E 20-02
Darryl Moore 22 single Homes
and TTM
122667 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-
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
16 Apartments 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 –
Resubmittal
Received
11/12/2021
Under Review
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,
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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
winter 2022
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
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
winter 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 industrial semi-trailer storage facility on
approximately 22 acres. A maximum of 650 total semi-trailers, shipping and storage
containers and chassis will be stored on the site at any given time. A 900 square foot
caretaker’s admin office and a 4,800 square foot maintenance building will be constructed
under an administrative submittal. The site is zoned M2-Industrial, the AG-2 Overlay
District, and the FP-Floodplain Overlay District. The Community Benefit Agreement is in
review. A rough 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 2022
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.
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Administrative Applications
Date
Submitted
Case No. Applicant Description Location Status
12/03/2021 ASA 22-01 Doug
Courtney
1,040 Square foot
Addition
12719 Royal
Ave
In Review
9/3/2021 ASA 21-07
ACUP 21-05
E 21-04
Grant T-1 Inc. 900 sq. ft. Office
Trailer
11731 Terrace
Avenue
Approved
10/07/207
Pending Plan
Submittal
6/29/2021 ASA 21-06 Paul Bustos Enclose (E)
Loading Area,
Addition
22069 Van
Burren
In Review
11/7/2019 ASA 19-11
E 19-12
Paul Bustos Willdan Pump
Parking Lot
Addition
22038 Van
Buren –
Approved
09/27/2021
Under Building &
Safety Plan
Review
Land Use Review
Date
Submitted
Case No. Applicant Description Location Status
12/20/2021 LU 21-125 David Lasick Block Wall 22656 Barton
Road
Approved
12/17/2021 LU 21-124 Francisco Madrid Decorative Block Wall 12672 Mt Vernon Approved
12/17/2021 LU 21-123 Tanya Gonsalez Temp Pod/Repairs 22651 Robin Way Approved
12/15/2021 LU 21-122 Lisa Green New Business - Three
Bees
22400 Barton Rd
#3
Approved
12/8/2021 LU 21-121 Adele Lara Stucco 22950 Wren St Approved
12/7/2021 LU 21-120 Zuniga Pool
Construction
Pool & Spa 12380 Whistler
ST
Under
Review
12/6/2021 LU 21-119 Antonio Casteran Patio Conversion to
Livable Space
21815 Vivienda
Ave
Approved
12/2/2021 LU 21-118 John Michelle Temp Truck Parking 2258 Cardinal St Approved
11/15/2021 LU 21-116 Timothy Herie New Light Pole 22456 Barton
Road
Under
Review
10/22/2021 LU 21-112 Johan Gallo Cars & Coffee
(Monthly Event)
22365 Barton
Road
Approved.
8/20/2020 LU 20-51 Alton Green Retaining Wall 22081 De Berry
Street
Denied
HOP Application
Date
Submitted
Case No. Applicant Description Location Status
11/16/2021 HOP 21-08 Marie Harris Freelance Writing 23031 Siskin Ct Approved
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Sign Application
Date
Submitted
Case No. Applicant Description Location Status
10/22/2021 SGN 21-09 Marisol
Chavarria
Monument Sign 12420 Mt
Vernon
Approved
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City of Grand Terrace Planning and Development Services Department
.
DATE: February 16, 2022
TO: Konrad Bolowich, City Manager
City Manager’s Office
FROM: Luis Gardea, Building Official
Planning and Development Services Department
SUBJECT: DECEMBER 2021 PLANNING AND DEVELOPMENT SERVICES
MONTHLY REPORT
This monthly report is presented to the City Manager to keep him informed of the activities
within the Planning and Development Services Department, comprised of Planning,
Building and Safety, Code Enforcement, and Animal Control.
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful
planning, within the constraints of a fiscally responsible government.
OUR VISION
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and
recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an
outstanding quality of life that fosters pride and an engaged community, encouraging families to
come and remain for generations.
BUILDING AND SAFETY DIVISION
Building and Safety and Planning Core Services
➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections
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Planning and Development Services
Page 2 of 6
The Building and Safety Division is budgeted for one full time Permit Technician and one
full time Building Official. These two positions constitute up to 240 monthly service hours.
Additionally, the Department budgets for plan checking and inspection services through
a contract with Willdan Engineering. Inspection services are conducted on-call as needed
by staff. The cost of these services is offset through the collection of fees and deposits.
Activity Summary for Building and Safety
Building Permit Activity includes 9 permits issued in December. Year to date a total of
194 permits have been issued with a total revenue of $67,770.39. In addition, a total
number of 48 customers were assisted at the Building & Safety counter for the month of
December.
Monthly Revenue Year to Date Revenue
$2,245.75 $67,770.39
Permits Issued
Permits issued in December include, HVAC replacements, block walls, re-roofs, and PV
solar.
Permits that are currently in construction include installation of underground electrical for
future lighting and site improvements at 11731 Terrace Avenue for a proposed trailer yard
and community garden.
Permit Activity -December 2021
Applications recv'd (18)Permits issued (9)
Permits final (3)Business Occupancies (0)
Expired Permits (16)
Permit Activity -Year to Date
Applications recv'd (218)Permits issued (194)
Permits final (98)Business Occupancies (6)
Expired Permits (47)
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Planning and Development Services
Page 3 of 6
* Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding
Work, Interior Demolition / Construction of Walls, Windows, Garage Doors.
* Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding
Work, Interior Demolition / Construction of Walls, Windows, Garage Doors.
Residential Permits Issued-December 2021
(N) SFR (0)Block Wall (1)Reroofs (0)Water Heater / Plumbing (0)
HVAC Mechanical (1)Solar (5)Panel Upgrades / Electrical (2)Patio Covers (0)
Res. Alteration / Addition (0)Pool Spa (0)
Residential Permits Issued-Year to Date FY 2021-2022
SFR New (0)Block Walls / Retaining Walls (11)Reroofs (25)
Water Heater / Plumbing (8)HVAC Mechanical (29)Solar (61)
Panel Upgrades / Electrical (20)Patio Covers (8)Residential Alteration / Repair (23)
Pools/Spa (3)Grading (0)
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Planning and Development Services
Page 4 of 6
Inspections
A total of 45 inspections were conducted in December, with 22 of them being final
inspections.
Commercial Permits Issued -Year to Date FY 2021-22
Commercial Tenant Improvement (1)Signs (2)
Electrical (1)Demolition (1)
Grading (0)New Commerical (0)
0
50
100
150
200
250
300
350
400
BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL
NUMBER OF INSPECTIONS CONDUCTED
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
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Planning and Development Services
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Major Projects Under Construction
Major projects under construction include a tenant improvement for an adult day care “St.
Christopher Adult Day Care Center” located at 22400 Barton Rd.
Additionally, a tenant improvement for Mazzullis Family Kitchen located at 22320 Barton
Rd. Suite C. is currently under construction.
Project Description/Location Status
Anel Aguayo –
12040 La Cadena
Dr.
12040 La Cadena Dr. – Precise grading for new
single-family residence
Drywall inspection
complete – under
construction
Frank Randall
23400 Westwood
St.
23400 Westwood St. – Precise grading & new
single-family residence
Under Construction –
Drywall completed
Pat Mazzulli
22320 Barton Rd.
22320 Barton Rd. – Tenant improvement for
Mazzullis’ Family Kitchen
Under Construction
Edward Giroux –
21891 Vivienda
Ave.
21891 Vivienda Ave. – Construction of a new
classic car storage, 3 – car garage, swimming
pool, and block wall
Under Construction –
Footings completed
Edna Medrano
22400 Barton Rd.
22400 Barton Rd. – Tenant improvement for an
adult day care center
Under Construction –
Plumbing inspected
Plan Checking Activity
For December 2021, a total number of fourteen plans were submitted for review and re-
submittal. Plans submitted include PV solar and tenant improvement for loading docks.
Project Description/Location Status
Bickel Group –
22200 Barton Rd.
22200 Barton Rd. – Precise grading, street
improvements, and (N) 5,342 sq. ft. multitenant
building – Terrace Plaza
In Plan Check – Plans
approved
Wilden Pump Co.
22069 Van Buren
St.
22069 Van Buren St. – Proposed parking lot
expansion, new loading docks, and tarmac
building
In Plan Check –
Corrections issued
Robert Morton –
22045 Barton Rd.
22045 Barton Rd. – Tenant improvement for
Aibeto’s Mexican Food
In Plan Check –
Corrections issued
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Planning and Development Services
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Public Works Encroachment Permits
Seven Public Works/Encroachment Permit applications were taken in for the month of
December. Six permits were issued for the month, which includes applications that were
received in the previous month.
0
10
20
30
40
50
SoCal Gas Edison Optimum AT&T Other Total
Encroachment Permits Issued
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
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ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION
Core Services
➢ Zoning & Municipal Code Enforcement
➢ Animal Control Services
➢ Street Sweeping Traffic Enforcement
➢ Tow vehicles after 72-hours have elapsed
➢ Remove graffiti
The Division is budgeted for one full time Code Enforcement Officer, Animal Control
Specialist, and Office Specialist. On-call coverage is provided to manage after hour
emergency animal control calls.
The city is divided into seven zones, including commercial centers, and the zones are
inspected on a continual rotating basis over a two-week period. A set route is driven each
day in addition to the zones. The route includes Mount Vernon Avenue, Main Street,
Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van
Buren Street.
Activity Summary for Code Enforcement
Code Enforcement had 64 cases carried over from the previous month, 48 new cases
opened, and 50 cases were closed. The Division closed out 50 cases in December. The
chart below demonstrates a breakdown of Code cases by detailing how many cases were
carried over from the previous month, opened, closed, and still being addressed.
72
73
74
75
76
77
78
79
80
88
85
64
37
38
39
40
41
42
43
44
45
44
40
48
29
30
31
32
33
34
35
36
37
68
25
50
80
81
82
83
84
85
86
87
88
85
64
110
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
2021 CODE CASE
Number of Cases Carried Over Number of Cases Opened
Number of Cases Closed Number of Cases In Process
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The following table shows the number of inspections conducted, the number of citations,
and corrective notices issued.
Citations Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Number of
Inspections
Conducted 43 24 211 270 136 40 73 64 64 100 105 90
Number of
Notice of
Corrections
Issued 12 13 18 24 13 20 33 20 24 27 47 32
Number of
Notice of
Violations
Issued 5 2 9 32 10 3 12 9 8 11 11 13
Number of
Citations
Issued 2 3 14 2 14 5 4 4 6 8 14 11
*The number of corrections issued does not include vehicle related complaints, illegal dumping referred to
Burrtec, or homelessness on public property referred Sheriff’s Department.
For the month of September, Code Enforcement brought in $12,082.14 in reclaimed
money for outstanding code fees. This is above the normal monthly amount
brought in.
Weekend Code Enforcement Activities
The Weekend Animal Control/Code Enforcement Specialist patrols the weekends and
conducts zone inspections and scheduled re-inspections. Weekend code enforcement
also handles code violations such as unpermitted yard sales, open house signs, and
parking violations. The table below demonstrates weekend code enforcement activities
by type for this fiscal year.
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Graffiti/Vandalism/Illegal Dumping:
There were 4 cases of illegal dumping and 4 cases of graffiti reported in December; all
cases have been resolved.
Parking Citations:
In December 88 vehicle related citations were issued; 79 of the citations issued
were related to street sweeping enforcement. Street Sweeping in residential areas occurs
on the first, second, and third Thursdays of each month.
As of June 4, 2020, Code Enforcement resumed issuing street sweeping citations for
vehicles parked on the street during street sweeping hours which was suspended due to
COVID-19.
Other parking citations include expired registration, parking on unpaved surfaces, and
commercial vehicles in residential areas. Parking citations are issued by Code
Enforcement Staff, as well as Sheriff Deputies.
12
21
3 3
6 7 6
1
4 5
13
4
1 3
6
22
5
0
36
25
7
20
17
14
23
12
3
15
19
24
21
11
2
19
12 10
13
4 3 4
7
4 5
2 1 3 2 4
16
10
6
15
37
26
12
0
11
16
22
8
11
2 0
11
19
0
11
0 0 0 0 0
29
46
23
5
2 4
0
5
10
15
20
25
30
35
40
45
50
Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Weekend Code Enforcement
Graffiti Unpermitted Yard sale signs Open house and other signs
Illegal Dumping Follow-up inspections Parking violations
Other Public Nuisance Unpermimitted Construction
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58 121
227
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61 94
155
62 79#
o
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Street Sweeping Citations
Street Sweeping
Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Parking in Handicap Zone 1 0 0 2 0 2 3 3 5 2 1 0
Other Parking Violations 5 1 0 8 20 7 13 19 30 21 13 0
Expired Registration/Missing plates or tabs 2 0 5 20 11 6 10 2 10 4 6 1
Vehicles Blocking Sidewalk/Driveway 0 0 1 3 0 2 4 6 13 17 1 0
Commercial Vehicle Violations 1 3 0 1 1 1 7 1 6 8 4 2
Recreational Vehicle Violations 2 0 1 2 2 1 1 1 3 2 4 3
Vehicles on Unpaved Surface 0 0 0 0 0 0 0 11 13 0 0 0
72 Hour Parking Warning/Cite 6 3 7 21 10 8 14 5 20 14 9 3
0
20
40
60
80
100
120
Parking Citations 2021
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Non-Owner Occupied/Rental Property Program
There are approximately 366 properties in the Program (number is subject to change as
properties get sold or becomes owner occupied) consisting of both single-family units
and multiple family units (i.e., apartments, duplexes, triplexes, and quadruplexes). In
December, the Rental Inspection invoices were mailed.
Animal Control Services
With the implementation of Animal Control Services, the city has instituted the practice
of first making every effort to return stray dogs to its owner, by checking it for tags or
microchip. If the owner cannot be identified, the city will place a photograph of the
impounded animal on the City’s Facebook page so that owners can reclaim their pet.
Animal Control is also working to identify animals via Facebook who have been sent to
the animal shelter and have since been returned to their owner so their status can be
updated for the public. If the dog is unlicensed the owner will be given a citation, but the
fine is dismissed if the dog is licensed within 7 days.
Riverside County Department of Animal Services stats:
Animal Control
Sheltering
Services
Jan
'21
Feb
'21
Mar
'21
Apr
'21
May
'21
Jun
'21
Jul
'21
Aug
'21
Sep
'21
Oct
'21
Nov
'21
Dec
'21
Animal Intakes
Strays 2 18 2 4 4 10 6 2 5 2 3 10
Stray Dead 3 1 1 1 3 5 15 4 5 6 3 4
Owner Surrender 8 0 0 0 1 1 0 0 0 0 0 1
Other 0 3 5 0 0 1 0 0 0 1 0 0
Total 13 22 5 5 8 17 21 6 10 9 6 15
Animal
Disposition
Adopted 3 0 0 5 2 1 1 1 1 2 2 0
Returned to
Owner 0 0 0 0 0 3 1 0 3 1 0 1
Euthanized 0 1 1 1 1 3 5 0 0 1 0 0
Other 0 0 0 0 2 0 1 0 0 1 2 0
Total 3 1 1 6 5 7 8 1 3 5 4 1
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The following stats are from Grand Terrace Animal Control:
Animal Control
Officer
Investigations
Jan
'21
Feb
'21
Mar
'21
Apr
'21
May
'21
Jun
'21
Jul
'21
Aug
'21
Sep
'21
Oct
'21
Nov
'21
Dec
'21
Barking
Complaints 1 0 1 1 2 0 1 0 0 1 2 0
Unlicensed Dogs 0 0 0 0 7 0 0 0 0 0 82 0
Loose Dogs 8 3 2 3 4 9 2 3 7 6 10 7
Loose Dogs
Returned to
Owner 5 2 0 3 2 0 2 0 0 7 0 0
Animal Welfare
Check 1 1 1 0 1 0 8 0 3 2 0 5
Dead Animals 5 3 2 6 3 16 8 4 7 5 2 6
Bites 2 0 1 0 0 1 1 0 0 1 2 1
Other
(unfounded,
wildlife, etc.) 4 6 0 2 6 10 6 2 4 2 0 5
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Dog Licensing Revenue
In the beginning of April, Animal Control began canvassing properties with outstanding
dog licenses and leaving a door hanger with renewal information to ensure we have the
most accurate count of dogs in our system. Often individuals move away from the City,
and we are not notified and annually those properties are issues renewal notices as
typical protocol.
During this time there was an influx of individuals renewing their dog licenses and
licensing new dogs. The door hanger indicated they had a month and half to renew the
license, or they may risk receiving a citation. The deadline was extended from February
12th to April 1st due to COVID related issues.
0 10 20 30 40 50 60 70 80 90
JAN…
FEB…
MAR…
APR…
MAY…
JUN…
JUL…
AUG…
SEP…
OCT…
NOV…
DEC…
Animal Control Investigations
Other (unfounded, wildlife, etc.)Bites Dead Animals
Animal Welfare Check Loose Dogs Returned to Owner Loose Dogs
Unlicensed Dogs Barking Complaints
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0
$2,015.00
$4,882.00
$2,958.50 $2,840.00
$754.00
$298.00
$817.00 $784.00 $784.00 $901.00
$2,355.00
$1,356.50
0
1000
2000
3000
4000
5000
6000
Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Dog License Revenue
(Over the Counter)
$37.00
$142.00
$110.00
$88.00
$-$-$-
$88.00
$15.00
$274.00
$180.00
$208.00
$-
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
Jan'21 Feb'21 Mar'21 Apr'21 May'21 June'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Dog License Revenue
(Online)
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$2,052.00
$5,024.00
$3,068.50 $2,928.00
$754.00
$298.00
$817.00 $872.00
$446.00
$1,175.00
$2,535.00
$1,564.50
$-
$1,000.00
$2,000.00
$3,000.00
$4,000.00
$5,000.00
$6,000.00
Jan'21 Feb'21 Mar'21 Apr'21 May'21 June'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21
Combined Dog License Revenue
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&LW\RI*UDQG7HUUDFH
3XEOLF:RUNV'HSDUWPHQW
3XEOLF:RUNV
x (QJLQHHULQJ
x Waste Generation Report
x Missed Pick-Up Report
x Public Works Administration
x CIP Contracts
51
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DATE:
FEBRUARY 22, 2022
TO: KONRAD BOLOWICH, CITY MANAGER CITY
MANAGER’S OFFICE
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT:
DECEMBER 2021 - MONTHLY REPORT – PUBLIC WORKS DEPARTMENT
This monthly report is presented to the City Manager to keep him informed of the activities within the
Public Works Maintenance Department.
Engineering Division
The Engineering Division is responsible for managing the City’s Capital Improvement Program (CIP).
This includes for the administration, planning, programming, design, construction management, and
construction of capital projects throughout the City. Grant funding (when available) are sought after
to supplement project funding.
WORK RELEASE HOURS
Maintenance was supplemented by 217 work release hours during the month of December.
READY311 MONTHLY STATS
DECEMBER 2021
REQUEST
RECEIVED
THESE
MONTHS
MONTHS
REQUEST
RESOLVED
REQUEST IN
PROCESS
READY311 WORK ORDERS ONLY 21 21 0
REQUEST ROLLOVER FROM
PREVIOUS MONTHS
6
TOTAL WORK ORDERS TO BE
COMPLETED
6
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Potholes
The table below shows the potholes reported via Ready311 through the month of October And
November. It takes on average 15.8 days to have a pothole repaired. Factors that contribute to delays
are staffing issues, size of potholes, and readily available supplies dependent on the size of the
pothole.
# Open Date Repair Date # Days Location
496385 1/5/2021 01/29/2021 24 Mt Vernon Ave
496387 1/5/2021 01/29/2021 24 Mt Vernon Ave
510142 1/25/2021 01/29/2021 3 Pico St
517036 02/04/21 02/04/21 0 Van Buren Ave
517037 02/04/21 02/04/21 0 Pico St
31146 3/16/2021 4/20/2021 35 Pico St
31399 3/25/2021 5/17/2021 53 Pico St
32793 5/20/2021 12/9/2021 203 Van Buren Ave
32982 5/27/2021 6/18/2021 22 Mt Vernon Ave
33154 6/4/2021 6/10/2021 6 Oriole Ave
33509 6/18/2021 6/28/2021 10 Mt Vernon Ave
33518 6/18/2021 6/28/2021 10 Oriole Ave
33573 6/21/2021 7/8/2021 17 Michigan Ave
33751 6/30/2021 8/19/2021 50 Pico Ave
34324 7/23/2021 Closed 19 Arliss Dr
34324 7/23/2021 8/11/2021 19 Arliss Dr
34659 8/4/2021 8/6/2021 2 Barton Rd
35418 8/26/2021 8/31/2021 5 Westwood St
35455 8/27/2021 8/31/2021 4 Minona Dr
35591 9/1/2021 9/2/2021 1 Grand Terrace Rd
35591 9/1/2021 9/20/2021 19 Grand Terrace Rd
36436 10/6/2021 10/18/2021 12 Arliss Dr
36606 10/13/2021 11/13/2021 31 Mt Vernon Ave
36624 10/14/2021 10/18/2021 4 Mt Vernon Ave
36922 10/31/2021 11/2/2021 2 Mirado Ave
37892 12/29/2021 1/21/2022 23 La Cadena Dr
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Park Shelter Reservations and Community Room Reservations
Park shelter reservations have resumed, and residents must follow all of San Bernardino County
Covid-19 related guidelines. Community Room reservations have opened to limited groups.
Park Maintenance
Richard Rollins Park Weekly Once Once Daily M-Fr, S*
Pico Park Weekly Once Once Daily M-Fr, S*
TJ Austin Park Weekly Once --- --- M-Fr, S*
Gwen Karger Park Weekly Once --- --- M-Fr, S*
Fitness Park --- Once (pull Daily M-Fr, S* weeds) Griffin Park ---
Location
Grass mowed
Full-service planter
maintenance
Trash service
receptacle
Greenbelt Weekly Once
Canal Strip
Weekly
---
Oriole slope --- Once
Orange Grove Parkway
---
Once (pull weeds)
Civic Center Weekly Once Daily
Bike Stations Bi-monthly M & Th
Park Grass mowed
Full-service
planter
maintenance
Gopher
service Restroom Trash
service (a.m.) receptacle service
54
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CITY OF GRAND TERRACE MISS
REPORT – NOVEMBER 2021
SERVICE ADDRESS
DATE OF
CALL
DATE
COMPLETED
WO
DESCR SERVICE NOTES
11837 GREENBRIER
LN
11/04/2021 11/04/2021 MISS MISS GW BBL RETURN PER MEICHELE-
OUT ON TIME
12615 WARBLER
AVE
11/04/2021 11/04/2021 MISS 96GAL GW BBL MISS WED PER BETH
REQ SAID OUT NIGHT PRIOR
22911 MIRIAM WAY 11/04/2021 11/04/2021 MISS 64GAL BBL TRASH MISSED SERVICE-
HAD CAN OUT ON TIME PER LUCY
22543 CANAL CIR 11/08/2021 11/08/2021 MISS MISS- 96G REC BBL - CUSTOMER
STATED HER OTHER BBL WAS SVC
BUT HER REC BBL WAS MISSED
11911 PASCAL AVE 11/12/2021 11/12/2021 MISS MISS:65G BBL TRASH SERVICE PER
CUSTOMER, SHE IS ALSO ON WALK UP
SERVICE
22539 CANAL CIR 11/12/2021 11/12/2021 MISS MISS BLUE BBL & NEIGHBORS STATES
WAS MISSED LAST WEEK TOO
RETURN. STATES LOCATED IN THE
FRONT RIGHT SIDE OF TOWNHOMES.
PER BARDO
12592 MOUNT
VERNON AVE
11/15/2021 11/15/2021 MISS FRI TRASH MISS PER MONICA- SAID
HAS ONLY ONE NEIGHBOR AND THAT
ONE IS OUT TO IF NEEDED
11972 KINGSTON ST 11/18/2021 11/18/2021 MISS MISS TRASH 96GL BARREL - OUT
NIGHT B4 PER IRWIN
22625 TANAGER ST 11/22/2021 11/22/2021 MISS RTE#3072- TRASH WAS MISSED ON
FRIDAY - JUANITA
12210 MICHIGAN ST 11/23/2021 11/23/2021 MISS MISS 1 - TRASH BIN , ENCLOSURE
LOCATED BACK OF PROPERTY PER
BRENT
12150 PALM CT 11/24/2021 11/26/2021 MISS PER DEAN 90GAL SW BBL ONLY ONE
ON THE STREET
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Public Works Administration
Contracts, Bids, Reports, Grants, Project Management & Events
Contracts: Public Works Services for FY 2021-22:
Contractor Name Service Purchase Order
Amount
Remaining Balance as of
December 31, 2021
City of Colton
Cooperative Agreement
with Grand Terrace
Traffic Signal Maintenance
for signal on Litton Avenue N/A N/A
Clean Street Street Sweeping Services $54,508.00 $22,714.00
County of Riverside -
TLMA Adminstration
Main Street Traffic Signal
Maintenance Services $2,300.00 $327.90
EZ Sunnyday Landscape Landscape Maintenance $56,420.00 $23,390.00
Gopher Patrol Gopher Abatement
Services $9,212.00 $6,121.50
Hardy and Harper, Inc On-Call Asphalt Pothole
Repair $15,000.00 $15,000.00
Interwest Consulting
Group
Building Official/Building &
Safety and Public Works
Inspection Services
$33,800.00 $2,050.00
Interwest Consulting
Group
Interim Public Works
Services $200,000.00 $1,570.00
Interwest Consulting
Group
On-Call Engineering
Services $50,000.00 $35,370.00
Jonescape Inc On-Call Asphalt Pothole
Repair $24,720.00 $4,158.00
Jonescape Inc Installation of Park Shade
Sail and ADA Swing $24,805.00 $2,255.00
Lynn Merrill NPDES Services $10,000.00 $8,603.48
Lynn Merrill HSIP Cycle 9-Mt Vernon
Guard Rail $10,889.37 $10,686.08
Mike Roquet Construction On-Call Asphalt Pothole
Repair $9,500.00 $6,065.00
Moran Janitorial Services Janitorial Services for City
Hall and City Parks $32,460.00 $13,689.00
Otis Elevator Elevator Maintenance $5,541.21 $0.00
San Bernardino County
Dept of Public Works –
Flood Control
Flood Control Facilities N/A N/A
San Bernardino County
Fire Dept – Hazardous
Material
Household Hazardous
Waste (HHW) Services $19,165.12 $4,791.28
San Bernardino County-
Land Use Services
Fire and Weed Hazard
Abatement Services $6,323.00 $6,323.00
St. Francis Electric, LLC. Traffic Signal Maintenance
Services $20,000.00 $10,855.72
TKE Engineering On-Call Engineering
Services $49,050.00 $43,290.00
West Coast Arborist 5 Year Tree Maintenance
Program $56,654.00 $49,384.00
56
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Willdan
Engineering Services (incl.
Landscape and Lighting
Assessment District)
$4,046.25 $0.00
Willdan Plan Check/Inspection Svcs $50,000.00 $33,148.00
Willdan Group On-Call Engineering
Services $50,000.00 $49,370.00
(paid with Dev.
fees)
TOTAL PUBLIC WORKS
CONTRACT VALUE FOR
FY 2020-21:
$794,393.95 $349,161.96
balance
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Sheriff’s Contract
•Law Enforcement Services
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San Bernardino County
Sheriff’s Department
Services November 2021 December 2021
Officer Contact and Calls 1,228 1,228
Monthly Citation Data November 2021 December 2021
Stops 259 186
Citations Issued 138 58
Calls to Dispatch November 2021 December 2021
Emergency 3 3
Priority 1 121 121
Priority 2 68 68
Priority 3 106 106
Priority 4 72 72
Totals 370 370
vankagans@gmail.com
3 3
121 121
68 68
106 106
72 72
0
50
100
150
200
250
300
350
400
Nov-21 Dec-21
Calls to Dispatch
Emergency Priority 1 Priority 2 Priority 3 Priority 4
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Emergency – 911 calls (evaluated for substance).
Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago.
Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls.
Note: As dispatch receives more information during the call, the level of priority can change to a higher
or lower level priority.
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Citizens on Patrol (COP) - Weekly Hours for March 2020:
Mar. 9th Mar. 16th Total Hours
8 2 10
* - On March 17th all patrol activities for the Citizens on Patrol were suspended.
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City of Grand Terrace
Fire Department Incidents
12/01/21 – 12/31/21
Call Type Number of Calls
Carbon Monoxide Alarm 1
Commercial Alarm 11
Fire – Residential Structure 1
Fire – Unknown Type 1
Fire – Vehicle 1
Medical Aid 127
Move Up (Cover Engine into FS#23) 2
Outside Electrical Incident 4
Outside Investigation 1
Public Service 1
Residential Alarm 3
Traffic Collision Unknown Injuries 8
Traffic Collision Unknown Injuries (Freeway) 1
Total Calls 162
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Planning Commission Notice of Vacancy
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Direct the City Clerk to advertise for appointment to the
Planning Commission, accept applications and schedule
interviews.
2030 VISION STATEMENT
This action supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
The Planning Commission is a five-member Board appointed by the Mayor, subject to
City Council approval, and serves four-year terms at the pleasure of the City Council
(Municipal Code Chapter 2.16). The terms alternate so that every two years at least two
appointments are set to expire.
On February 3, 2022, Vice-Chair Jeremy Briggs submitted his resignation from the
Planning Commission to the City Clerk via email. This resignation will leave one (1)
vacancy on the Planning Commission.
Name Appointed Re-Appointed Term Ends
Edward Giroux 06/10/2014 07/10/2018 06/30/2022
Jeremy Briggs* 02/21/2019 N/A 06/30/2022
Tara Ceseña 06/10/2014 07/10/2018 06/30/2024
Jeffrey McConnell 07/19/2018 N/A 06/30/2022
David Alaniz 07/14/2020 N/A 06/30/2024
* Resignation effective February 3, 2022.
DISCUSSION:
Pursuant to Government Code section 54974(a), “[w]henever an unscheduled vacancy
occurs in any board, commission, or committee for which the legislative body has the
appointing power, whether due to resignation, death, termination, or other causes, a
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special vacancy notice shall be posted in the office of the clerk of the local agency, on
either the local agency’s Internet Web site or at the library designated pursuant to
Section 54973, and in other places as directed by the legislative body, not earlier than
20 days before or not later than 20 days after the vacancy occurs. Final appointment to
the board, commission, or committee shall not be made by the legislative body for at
least 10 working days after the posting of the notice in the clerk’s office.”
In accordance with this requirement, staff recommends that the application process be
opened on February 23, 2022 and closed on March 22, 2022. The vacancy notice and
application information would be disbursed through a press release and posting on the
City’s website and reader board.
Upon closure of the application process, staff would schedule interviews with all
candidates at a special meeting of the City Council on a date agreed upon in
March/April 2022. At that meeting subject to the City Council’s approval, the Mayor shall
appoint a new commissioner.
FISCAL IMPACT:
There would be no fiscal impact created by this action. Planning Commissioners are
paid a stipend of $50.00 a month, which would continue with the new appointment.
APPROVALS:
Debra Thomas Completed 02/10/2022 2:55 PM
City Attorney Completed 02/12/2022 3:53 PM
City Manager Completed 02/14/2022 11:06 AM
City Council Pending 02/22/2022 6:00 PM
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Approve an Agreement with the San Bernardino County Fire
Protection for Household Hazardous Waste Collection
Services
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve a Household Hazardous Waste Agreement
with San Bernardino County Fire Protection District with a
total compensation of $105,864.19 and for a 5 year term
commencing on July 1, 2022.
2. Authorize City Manager to execute the Agreement
and any subsequent non-fiscal amendments, subject to City
Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by providing access to
facilities where residents can safely dispose of household hazardous waste.
BACKGROUND:
The California Public Resources Code requires cities and counties to prepare a
Household Hazardous Waste Element, which identifies a program for the safe
collection, recycling, treatment, and disposal of hazardous wastes which are generated
by households in the city or county, and which should be separated from the solid waste
stream. The County of San Bernardino and each of the cities in the County have
developed Household Hazardous Waste Elements (HHWE), which identify a county-
wide cooperative program for the management of Household Hazardous Waste. The
existing Household Hazardous Waste program operated by the San Bernardino County
Fire Protection District is consistent with the adopted HHWE.
On April 11, 2017, the City of Grand Terrace entered into a five-year agreement with the
San Bernardino County Fire Protection District for Household Hazardous Waste
Collection. The agreement is set to expire on June 30, 2022. County Fire is requesting
authorization of a new five-year agreement from the City that they will in turn submit for
approval to the San Bernardino County Board of Supervisors.
DISCUSSION:
The City desires for the protection, health, and welfare of the public to provide for the
removal of hazardous waste from homes so that such materials pose no danger to the
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City in the event of fire and allow for the prevention of potential environmental
degradation and the conservation of resources through recycling. The City does not
have a Household Hazardous Waste Collection facility within its borders. Therefore, the
Fire District shall continue to provide a program based on a Central Processing Facility
and a regional network of collections centers sited so as to provide safe, convenient
service the public in a cost-effective manner.
The new five-year agreement will cover Fiscal Years 2022-23 through 2026-27. The
agreement will begin at $19,740.07 in the first year with a 3.25% Consumer Price Index
(CPI) applied each year thereafter ending at $22,761.48 in the final year of the
agreement term.
Staff is recommending that Council approve the Household Hazardous Waste
Collection Agreement with the San Bernardino County Fire Protection District in an
amount not to exceed $105,864.19 over a five-year term (commending on July 1, 2022)
and authorize the City Manager to execute the contract and any necessary
amendments, subject to City Attorney approval as to form.
FISCAL IMPACT:
Sufficient funds will be budgeted in the Fiscal Year 2022-23 Adopted Budget to cover
the annual expense of this contract.
ATTACHMENTS:
• CON-SBCFPD-102621- HHW Contract with City of Grand Terrace FY22-27 (PDF)
APPROVALS:
Konrad Bolowich Completed 02/03/2022 8:05 AM
City Attorney Completed 02/15/2022 11:34 AM
Finance Skipped 02/16/2022 9:23 AM
City Manager Completed 02/17/2022 8:33 AM
City Council Pending 02/22/2022 6:00 PM
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Standard Contract Page 1 of 7
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401
Contractor City of Grand Terrace
Contractor Representative Steven Weiss
Telephone Number (909) 824-6621
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $105,864.19
Amendment Amount
Total Contract Amount $105,864.19
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District,
hereinafter referred to as “District” and the City of Grand Terrace hereinafter referred to as the “City.”
RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to
prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling,
treatment and disposal of hazardous wastes which are generated by households in the city or county and
which should be separated from the solid waste stream; and,
WHEREAS, San Bernardino County and each of the cities in the County have developed Household
Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management
of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the
adopted HHWE; and,
Contract Number
SAP Number
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WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe
management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal
of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention
of potential environmental degradation and the conservation of resources through recycling.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as
follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose
of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous
waste collection facilities for safe management of household hazardous waste, in the manner and form
recommended by District.
2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for
transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125
pounds per trip brought to a household hazardous waste collection facility per participant.
3. The City shall publicize to its small businesses that need to dispose of small quantities of business waste
to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG)
program for proper disposal.
4. The City shall publicize to its residents that home generated sharps containers shall only contain needles,
lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining,
this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers
as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain
upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent
container. Containers consisting of glass, metal, cardboard or paper will not be accepted.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program)
for the safe collection, recycling, treatment and disposal of household hazardous waste, including
universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled
substances. The District program shall be based on a Central Processing Facility and a regional network
of collection centers sited so as to provide safe, convenient service to the public in a cost-effective
manner.
6. The District shall provide an annual report to the City, which shall include the amounts and types of waste
collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at
no additional cost to the City.
7. The District shall compile and provide to the California Department of Resources Recycling and Recovery
(CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency,
the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.
8. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the
City electronically. Hard copies will also be provided upon request, at no additional cost to the City.
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9. The District shall charge any business that disposes of household hazardous waste the actual cost of
disposal as indicated in the District’s fee ordinance. For jurisdictions that operate their own household
hazardous waste collection facility, if business waste is accepted at any satellite facility, the jurisdiction
will be responsible for the disposal cost of the business waste.
10. The District shall provide an electronic biohazardous waste label to every participant that disposes of
home generated sharps. The public may use 2 gallon or smaller heavy-duty plastic household containers
such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers.
The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container
used to dispose of home generated sharps.
11. As part of the services provided by the District to the City under this Agreement, the District may provide
City Temporary Household Hazardous Waste (HHW) Collections. Temporary HHW Collections may be
provided up to two (4 hour) collections during the term of the agreement. Temporary HHW Collections
are not included in the Annual Consideration amount, but instead are in addition to that amount and will
be charged by District and paid by City in accordance with actual cost in effect on the date of providing
the Temporary HHW Collections.
CONSIDERATION
12. In consideration for the services provided, City shall pay the District the following amount not to exceed
$105,864.19:
Fiscal Year Annual Amount Amount per quarter
2022/2023 $19,740.07 $4,935.01
2023/2024 $20,381.62 $5,095.41
2024/2025 $21,094.98 $5,273.74
2025/2026 $21,886.04 $5,471.51
2026/2027 $22,761.48 $5,690.37
13. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of
the contract.
TERM AND TERMINATION
13.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be
renewed for specified periods, unless, otherwise terminated or amended.
14. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior
written notice to the other party.
INSURANCE AND INDEMNIFICATION
15. City and District are authorized self-insured public entities for purposes of Professional Liability, General
Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective
programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising
out of the performance of the terms, conditions or obligations of this Agreement.
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16. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City,
its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions
of any person and for any costs or expenses incurred by City on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well
as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the
meaning of Civil Code section 2782.
City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless
District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions
of any person and for any costs or expenses incurred by City on account of any claim, except where such
indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence
or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well
as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within
the meaning of Civil Code section 2782.
In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under this Agreement, District and/or City, as applicable,
shall indemnify the other to the extent of its comparative fault.
Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and
City hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation
benefits paid to an employee, District and City agree that any alleged negligence of the employee shall
not be construed against the employer of that employee.
GENERAL TERMS AND CONDITIONS
17. Representation of the District. In the performance of the Agreement, City, its agents and employees,
shall act in an independent capacity and not as officers, employees, or agents of the District.
18. Change of Address. City shall notify the District in writing of any change in mailing address within ten
(10) business days of the change.
19. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable
by City, either in whole or in part.
20. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or
provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the
original Agreement and approved by the required persons of both City and District.
21. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants,
requirements or conditions of this agreement shall be a material breach of this agreement.
In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination
and any other remedies available at law, in equity, or otherwise specified in this Contract:
A. Afford City thereafter a time period within which to cure the breach, which period shall be established
at sole discretion of District; and/or,
B. Terminate this Contract.
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22. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each
party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This
paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action
against a party hereto and payable under INDEMNIFICATION paragraphs.
23.Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will
be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any
law or rule of the court, which would allow them to request or demand a change of venue. If any action
or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their
best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior
Court. This contract shall be governed by the laws of the State of California.
24.Notification. In the event of a problem or potential problem that will impact the level of performance by a
Party under this Agreement, the Party shall notify the other Party within one (1) working day, in writing
and by telephone.
25. Former County and District Officials. City agrees to provide or has already provided information on former
San Bernardino County and District administrative officials (as defined below) who are employed by or
represent City. The information provided includes a list of former County and District administrative
officials who terminated COUNTY or District employment within the last five years and who are now
officers, principals, partners, associates or members of the business. The information also includes the
employment with or representation of City. For purposes of this provision, “County administrative official”
is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer
or member of such officer’s staff, County or District department or group head, assistant department or
group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
26. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District
determines that City has made a material misstatement or misrepresentation, or that materially inaccurate
information has been provided, this Agreement may be immediately terminated. If the Agreement is
terminated according to this provision, the District is entitled to pursue any available legal remedies.
27. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as
a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further
exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any
default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized
official of such party; and no waiver of any default or failure by such party to exercise any right hereunder
shall operate as a waiver of any other or further exercise of such right or of any further default.
28. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any
circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application
thereof to other circumstances shall nevertheless be valid.
29. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT:
Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Steven Weiss
Planning and Development Services Director
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
30. Entire Agreement.
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A. This agreement is intended by the parties hereto as a final expression of their agreement and
understanding with respect to the subject matter hereof and as a complete and exclusive statement
of the terms hereof and supersedes any and all prior and contemporaneous agreements and
understandings.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
31.This agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterpart shall together constitute one and the same agreement.
The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver
to the other party an original signed agreement upon request.
IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary
thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the
day, month and year written.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink)
Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type)
By Dated:
Deputy Address
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Scott Runyan, Supervising Deputy County
Counsel
Date Date Date
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Oppose Initiative 21-0042A1 - State Ballot Measure
Restricting Voters' Input and Local Taxing Authority
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA OPPOSING
THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT INITIATIVE NO. 21-0042A1
2030 VISION STATEMENT:
This staff report supports the City’s Core Value of Open and Inclusive Government,
Honesty and Integrity and Mutual Respect; and Goal #4, Develop and Implement
Successful Partnership working Collaboratively with Community Groups, Private and
Public Sector Agencies to Facilitate the Delivery of Services Benefitting Youth, Seniors
and Out Community.
BACKGROUND:
In 2018, the “Tax Fairness, Transparency and Accountability Act” or (AG# 17-0050
Amdt. #1), was being circulated to qualify for the November 2018 ballot. This initiative
would have drastically limited local revenue authority.
Through the successful work and advocacy of the League of California Cities and its
coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.
On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and
Government Accountability Act or AG# 21-0042A1. This measure is far more
detrimental to cities than the measure filed in 2018, because it would decimate vital
local and state services to the benefit of wealthy corporations.
Cal Cities, along with a broad coalition of local governments, labor and public safety
leaders, infrastructure advocates, and businesses, strongly oppose this initiative.
DISCUSSION:
What Would This Measure Specifically Do?
1) Limit voter authority and accountability
• Limits voter input. Prohibits local voters from providing direction on how local
tax dollars should be spent by prohibiting local advisory measures.
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• Invalidates the Upland decision that allows a majority of local voters to pass
special taxes. Taxes proposed by the Initiative are subject to the same rules
as taxes placed on the ballot by a city council. All measures passed between
January 2022 and November 2022 would be invalidated unless reenacted
within 12 months.
2) Restrict local fee authority to provide local services
• Impacts franchise fees. Sets new standard for fees and charges paid for the
use of local and state government property. The standard may significantly
restrict the amount oil companies, utilities, gas companies, railroads, garbage
companies, cable companies, and other corporations pay for the use of local
public property. Rental and sale of local government property must be
“reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not
exceed the “actual cost” of providing the product or service for which the fee
is charged. “Actual cost” is the “minimum amount necessary.” The burden to
prove the fee or charge does not exceed “actual cost” is changed to “clear
and convincing” evidence.
3) Restrict authority of state and local governments to issue fines and
penalties for violations of law
• Requires voter approval of fines, penalties, and levies for corporations and
property owners that violate state and local laws unless a new, undefined
adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services
• Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to
new territory (e.g., annexation) or expanding the base (e.g., new utility
service).
• City charters may not be amended to include a tax or fee.
• New taxes can be imposed only for a specific time period.
• Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are
void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to
state.
5) Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be
imposed as a condition of property development or occupancy.
Talking Points
1) Gives wealthy corporations a major loophole to avoid paying their fair
share — forcing local residents and taxpayers to pay more
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• The measure creates new constitutional loopholes that allow corporations to
pay far less than their fair share for the impacts they have on our
communities, including local infrastructure, our environment, water quality,
air quality, and natural resources — shifting the burden and making
individual taxpayers pay more.
2) Allows corporations to dodge enforcement when they violate
environmental, health, public safety, and other laws
• The deceptive scheme creates new loopholes that makes it much more
difficult for state and local regulators to issue fines and levies on corporations
that violate laws intended to protect our environment, public health and
safety, and our neighborhoods.
3) Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated
to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law
enforcement, public health, parks, libraries, affordable housing, services to
support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads,
public transportation, drinking water, new schools, sanitation, and utilities.
4) Opens the door for frivolous lawsuits, bureaucracy, and red tape that will
cost taxpayers and hurt our communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape
that will cost local taxpayers millions — while significantly delaying and
stopping investments in infrastructure and vital services.
5) Undermines voter rights, transparency, and accountability
• This misleading measure changes our constitution to make it more difficult
for local voters to pass measures needed to fund local services and local
infrastructure.
• It also includes a hidden provision that would retroactively cancel measures
that were passed by local voters — effectively undermining the rights of
voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters
provide direction to politicians on how they want their local tax dollars spent.
The Taxpayer Protection and Government Accountability Act limits voters’ authority,
adopts new and stricter rules for raising taxes and fees, and makes it more difficult to
hold violators of state and local laws accountable. Therefore it is recommended that the
City Council oppose The Taxpayer Protection and Government Accountability Act
Initiative No. 21-0042A1
FISCAL IMPACT:
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None at this time.
ATTACHMENTS:
• CBRT Measure Opposition Fact Sheet (1-11-22) (PDF)
• CBRT Fiscal Analysis (1-11-22) (PDF)
• Legal Analysis 01-20-22 AG FINAL (PDF)
• 2022-xx - Oppose Initiative 21-0042A1 (DOCX)
APPROVALS:
Konrad Bolowich Completed 02/16/2022 1:24 PM
City Attorney Completed 02/16/2022 3:33 PM
City Manager Completed 02/16/2022 1:51 PM
City Council Pending 02/22/2022 6:00 PM
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Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share
and Evade Enforcement when they Violate Environmental, Health & Safety Laws
An association representing California’s wealthiest corporations — including oil,
insurance, banks and drug companies — is behind a deceptive proposition aimed for
the November 2022 statewide ballot. Their measure would create major new loopholes
that allow corporations to avoid paying their fair share for the impacts they have on our
communities; while also allowing corporations to evade enforcement when they violate
environmental, health, safety and other state and local laws. Here’s why a broad
coalition of local governments, labor and public safety leaders, infrastructure
advocates, and businesses oppose the Corporate Loophole Scheme:
Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair
Share - Forcing Local Residents and Taxpayers to Pay More
• The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities,
including local infrastructure, our environment, water quality, air quality, and
natural resources – shifting the burden and making individual taxpayers pay
more.
Allows Corporations to Dodge Enforcement When They Violate
Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult
for state and local regulators to issue fines and levies on corporations that violate
laws intended to protect our environment, public health and safety, and our neighborhoods.
Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law
enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more.
• It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.
Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that
will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.
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Undermines Voter Rights, Transparency, and Accountability
• This misleading measure changes our constitution to make it more difficult for
local voters to pass measures needed to fund local services and local
infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that
were passed by local voters — effectively undermining the rights of voters to
decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters
provide direction to politicians on how they want their local tax dollars spent.
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Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
Billions of local government fee and charge revenues placed at heightened legal peril. Related public
service reductions across virtually every aspect of city, county, special district, and school services
especially for transportation, and public facility use.
Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by
voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in
compliance with the initiative.
Indeterminable legal and administrative burdens and costs on local government from new and more
empowered legal challenges, and bureaucratic cost tracking requirements.
The delay and deterrence of municipal annexations and associated impacts on housing and commercial
development.
Service and infrastructure impacts including in fire and emergency response, law enforcement, public
health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing,
homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot.
o Voters may be less informed and more likely to vote against measures.
Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter
approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland)
is so recent, it is unknown how common these sorts of measures might be in the future. This
initiative would prohibit such measures after the effective date of the initiative. Any such
measures adopted after January 1, 2022 through November 8, 2022 would be void after
November 9, 2023.
Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to
require that all tax increases or extensions contain a sunset (end date).
o This would require additional tax measures to extend previously approved taxes at additional cost
to taxpayers.
Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the
initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in
compliance with the measure or will be void twelve months after the effective date of the initiative
(November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds
of millions of annual revenues may not be in compliance and would be subject to reenactment.
Most will be taxes without a specific end date. Because there is no regularly scheduled election
within the 12 months following the effective date of the initiative, measures not in compliance
would need to be placed on a special election ballot for approval before November 9, 2023 or the
tax will be void after that date. General tax measures would require declaration of emergency and
unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
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Requires voter approval to expand an existing tax to new territory (annexations). This would require
additional tax measures and would deter annexations and land development in cities.
o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12
months later until brought into compliance. Because there is no regularly scheduled election
within the 12 months following the effective date of the initiative, such extensions for general
taxes would, under current law, each require unanimous vote of the agency board to be placed on
a special election ballot or would be void after November 9, 2023.
1.a. Number of Measures and Value of Local Taxes at Risk1
In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special
districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion
in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special
districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for
school bonds).
Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an
even year. However, some tax measures are decided at other times. During 2019, there were 45
approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new
annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).
Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
Dozens of taxes would require end dates. This would require additional measures in future years
to extend the taxes further. Very few extensions of existing local taxes fail.
Majority vote general tax measures could not be accompanied on the same ballot with an
advisory, non-binding measure as to use of tax proceeds.
Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.
Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included
specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect
the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022
approved measures would likely have to put back on the ballot.
Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by
1 Source: Compilation and summary of data from County elections offices.
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voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from
cities and $500 million from counties and special districts.2
1.b. Additional Costs and Public Service Effects of the Tax Provisions
In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will
be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and
deter municipal annexations.
2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened
With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the
minimum amount necessary to reimburse the government for the cost of providing the service to the
payor, and (ii) where the amount charged is not used by the government for any purpose other than
reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable”
standard.
Subjects fees and charges for entrance to local government property; and rental and sale of local
government property to a new, undefined, “reasonable” test.
Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.
Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a
condition of property development or occupancy.
2.a. Value on New Local Government Fees and Charges at Risk3
Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and
charges and revise rate schedules to accommodate new users and activities. Most of these would be subject
to new standards and limitations under threat of legal challenge. Based on the current volume of fees and
charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount
of local government fee and charge revenue placed at risk is about $1 billion per year including those
adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450
million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:
1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund
community safety, code enforcement, and neighborhood cleanup programs.
2. Commercial franchise fees.
3. Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Document processing and duplication fees.
6. Transit fees, tolls, parking fees, public airport and harbor use fees.
7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and
2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the
number of these measures and amount of revenue involved cannot be estimated.
3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts,
summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually.
4 School fees are also affected but the amount is negligible by comparison.
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local law at risk, making them taxes subject to voter approval under certain circumstances.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions
In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk,
there would be substantial additional costs for legal defense. The risk to fees and charges will make
infrastructure financing more difficult and will deter new residential and commercial development.
***********
mc
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The Taxpayer Protection and Government Accountability Act
Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for
raising taxes and fees, and makes it more difficult to hold state and local law
violators accountable.
Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how
local tax dollars should be spent by prohibiting local advisory measures.
• Invalidates Upland decision that allows majority of local voters to pass
special taxes. Taxes proposed by the Initiative are subject to the same
rules as taxes placed on the ballot by a city council. All measures passed
between January 2022 and November 2022 would be invalidated unless
reenacted within 12 months.
Restricting Local Fee Authority to Provide Local Services
• Franchise fees. Sets new standard for fees and charges paid for the use of
local and state government property. The standard may significantly
restrict the amount oil companies, utilities, gas companies, railroads,
garbage companies, cable companies, and other corporations pay for
the use of local public property. Rental and sale of local government
property must be “reasonable” which must be proved by “clear and
convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not
exceed the “actual cost” of providing the product or service for which
the fee is charged. “Actual cost” is the “minimum amount necessary.” The
burden to prove the fee or charge does not exceed “actual cost” is
changed to “clear and convincing” evidence.
Restricting Authority of State and Local Governments to Issue Fines and Penalties
for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and
property owners that violate state and local laws unless a new, undefined
adjudicatory process is used to impose the fines and penalties.
C.6.c
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Restricting Local Tax Authority to Provide Local Services
• Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g.,
annexation) or expanding the base (e.g., new utility service) requires voter
approval.
• City charters may not be amended to include a tax or fee.
• New taxes can be imposed only for a specific time period.
• Taxes adopted after January 1, 2022, that do not comply with the new
rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property
tax to state.
Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be
imposed as a condition of property development or occupancy.
C.6.c
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CC Reso No. 2022-xx Page 1 of 2 February 22, 2022
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, OPPOSING THE TAXPAYER PROTECTION
AND GOVERNMENT ACCOUNTABILITY ACT INITIATIVE NO. 21-
0042A1
WHEREAS, an association representing California’s wealthiest corporations is
behind a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure creates new constitutional loopholes that allow
corporations to pay far less than their fair share for the impacts they have on our
communities, including local infrastructure, our environment, water quality, air quality, and
natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it
more difficult for local voters to pass measures needed to fund local services and
infrastructure, and would limit voter input by prohibiting local advisory measures where
voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators
to issue fines and levies on corporations that violate laws intended to protect our
environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and
local services at risk, and could force cuts to public schools, fire and emergency response,
law enforcement, public health, parks, libraries, affordable housing, services to support
homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like
streets and roads, public transportation, drinking water, new schools, sanitation, and
utilities.
NOW, THEREFORE, BE IT RESOLVED that the City of Grand Terrace, opposes
Initiative 21-0042A1.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Grand
Terrace will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public
safety, labor, local government, infrastructure advocates, and other organizations
throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California
Cities at BallotMeasures@calcities.org.
C.6.d
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CC Reso No. 2022-xx Page 2 of 2 February 22, 2022
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 22nd day of February 2022.
Darcy McNaboe
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
C.6.d
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Acceptance of a Donation of Real Property (APN 0276-213-
47-0-000 and Generally Located at Intersection of Preston
Street and Barton Road)) from Angeline Petta, Trustee of the
Family Trust of Anthony Petta and Angeline Petta (Aka Petta
Trust) Dated May 10, 2012
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Adopt “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE FINDING THAT THE
ACCEPTANCE OF THE DONATION OF REAL PROPERTY
GENERALLY LOCATED AT PRESTON STREET AND
BARTON ROAD IN GRAND TERRACE, CA (APN 0276-
213-47-0-000) FROM ANGELINE PETTA, TRUSTEE OF
THE FAMILY TRUST OF ANTHONY PETTA AND
ANGELINE PETTA (AKA PETTA TRUST) DATED MAY 10,
2012 AND THE APPROVAL OF THE RELATED REAL
PROPERTY DONATION AGREEMENT IS NOT SUBJECT
TO CEQA; AND ACCEPTING THE DONATION OF REAL
PROPERTY THEREOF AND APPROVING THE
DONATION AGREEMENT THEREOF, CONTINGENT
UPON THE PLANNING COMMISSION’S FINDING
THEREOF CONFORMS WITH THE CITY'S GENERAL
PLAN”
2030 VISION STATEMENT:
This staff report supports City Council Goal #4, “Develop and Implement Successful
Partnerships” by allowing the City to work collaboratively with members of the public
who desire to assist the City in providing enhanced services to City residents.
BACKGROUND:
Angeline Petta, as Trustee of The Family Trust of Anthony Petta and Angeline Petta
(AKA Petta Trust) dated May 10, 2012, currently owns the property with Assessor
Parcel Numbers 0276-213-47-0-000 (“Property”). The Property is generally located at
the intersection of Preston Street and Barton Road in the City of Grand Terrace. Ms.
Petta desires to donate the Property to the City pursuant to the attached Real Property
Donation Agreement (“Agreement”).
DISCUSSION:
If approved, the Agreement will provide that Ms. Petta will donate the Property to the
City and that the City will accept such donation. Further, Ms. Petta desires to donate the
G.7
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Property to the City for the public purposes such as a library, police substation,
performing arts center, or any other allowable use that is in the best interests of the
residents of the City of Grand Terrace as determined by the City Council. The
Agreement also includes the form of a grant deed conveying the Property. The Property
is currently appraised at $750,000, as of January 26, 2022.
If the Agreement is approved, escrow will open upon the Escrow Holder’s receipt and
acceptance of the executed copy of the Agreement and receipt of the initial deposit of
$1000 from the City. Escrow will close 30 days from the date of execution unless a
longer period is approved by the City Manager. The City will pay all related costs,
including the costs of a title insurance policy. The Council’s approval of the Donation
Agreement and acceptance of the Property is contingent upon the Planning
Commission’s General Plan conformance finding required by Government Code Section
65402.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Property is being donated to the City for public purposes, but no specific project is
planned for the site. Therefore, it would be speculative to assess this for the purposes of
CEQA at this time. Additionally, a mere transfer of title from one property owner to
another property owner is not a project under CEQA pursuant to CEQA Regulation
15378 as a mere change in property ownership does not affect the environment.
FISCAL IMPACT:
If the Agreement is approved and escrow successfully closes, then the City will pay
approximately $1,000 for costs related to the donation.
ATTACHMENTS:
• Petta Property Gift-Donation Agreement (DOCX)
• GT Resolution - Petta Property Gift (DOCX)
APPROVALS:
Adrian Guerra Completed 02/17/2022 9:12 AM
City Attorney Completed 02/17/2022 9:13 AM
City Manager Completed 02/17/2022 10:57 AM
City Council Pending 02/22/2022 6:00 PM
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01247.0001/759792.5 1
REAL PROPERTY DONATION AGREEMENT
This REAL PROPERTY DONATION AGREEMENT (“Agreement”), dated
__________, 2022 (”Agreement Date”), is made by and between the City of Grand
Terrace, a municipal corporation (“City”), and Angeline Petta, Trustee of The Family Trust
of Anthony Petta and Angeline Petta (AKA Petta Trust) dated May 10, 2012 (jointly and
severally “Donor”). Fidelity National Title Insurance Company (with escrow officer Mary
Lou Adame at 3237 East Guasti Road Suite 105 Ontario, CA 91761) shall serve as the
“Escrow Holder” and “Title Company”.
RECITALS
A. Donor owns that certain unimproved real property in the City of Grand
Terrace, San Bernardino County, State of California (APN 0276-213-47-0-000) legally
described on Exhibit A attached hereto (“Property”).
B. Donor has offered to donate the Property to City and City wishes to accept
donation of the Property under the terms and conditions stated in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties mutually agree as follows:
AGREEMENT
1. DONATION OF LAND. Donor agrees to donate the Property to City on the
terms and conditions set forth in this Agreement. The parties agree that the value of the
Property is Seven Hundred Fifty Thousand Dollars ($750,000) as determined by that
certain appraisal dated as of January 26, 2022, issued by John Andersen of John
Andersen Real Estate (“Donated Land Value”).
2. EFFECTIVE DATE.
2.1 Effective Date. This Agreement shall be effective upon execution
of this Agreement by City after its approval by the City Council (“Effective Date”).
2.2 Opening of Escrow. Within two (2) days of the Effective Date, the
parties shall open an escrow with Escrow Holder by causing an executed copy of this
Agreement to be deposited with Escrow Holder who shall sign and accept the Agreement
and provide executed copies thereof to each party. Escrow shall be deemed opened upon
Escrow Holder’s (i) receipt and acceptance of an executed copy of this Agreement; and
(ii) receipt of the Initial Deposit (as defined in Section 3.1) (“Opening of Escrow”).
3. DEPOSIT; FEES AND COSTS.
3.1 Initial Deposit. As the Opening of Escrow, the sum of One
Thousand Dollars ($1,000) shall be deposited by City into Escrow (“Initial Deposit”). The
Initial Deposit shall be utilized to pay all costs payable by the City under this Agreement.
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01247.0001/759792.5 2
3.2 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 CITY AND DONOR.
4.1 Donor. Donor agrees that on or before 12:00 noon at least one (1)
business day prior to the Closing Date, Donor will deposit with Escrow Holder such 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:
a. A grant deed in the form attached hereto as Exhibit B (“Grant
Deed”) executed and acknowledged by Donor.
b. Any other documents as reasonably required by Title
Company to remove any non-approved exceptions and any other documents it
reasonably requires to issue the Title Policy (pursuant to Section 6.1).
c. A Non-Foreign Affidavit as required by federal law.
d. Such other items and instruments as may be necessary in
order for Escrow Holder to comply with this Agreement.
4.2 City. City agrees that on or before 12:00 noon at least one (1)
business day prior to the Closing Date, City will deposit with Escrow Holder all funds
and/or documents (executed and acknowledged, if appropriate) which are necessary to
comply with the terms of this Agreement, including without limitation:
a. The Certificate of Acceptance in the form attached to the
Grant Deed shall be executed and attached to the Grant Deed prior to recordation
(‘Certificate of Acceptance”).
b. A Preliminary Change of Ownership Statement completed in
the manner required by San Bernardino County (“PCOR”).
c. Such funds and other items and instruments as may be
necessary in order for Escrow Holder to comply with this Agreement.
5. CLOSING DATE; TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close on or before ________, 2022
("Closing Date”). The terms “Close of Escrow” and/or “Closing” are used herein to
mean the date that the Grant Deed (with the Certirficate of Acceptance) is recorded in the
Office of the County Recorder of San Bernardino County, California.
5.2 Possession. Upon the Close of Escrow, Donor shall deliver
possession of the Property to City free of all tenants or occupants.
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01247.0001/759792.5 3
5.3 Time is of Essence. City and Donor specifically agree that time is
of the essence under this Agreement. The parties agree that the specified dates under
this Agreement are specifically enforceable and shall not be subject to substantial
compliance arguments.
5.4 City Manager Authority. The City Manager or his designee (who
has been designated in writing by the City Manager) shall, in his sole and exclusive
discretion, on behalf of City, have the authority to (i) extend any dates under this
Agreement, (ii) execute documents required to effect this transaction, and (iii) agree to
any non-material modifications of this Agreement.
6. TITLE POLICY; NHD REPORT.
6.1 Title Policy. At the Close of Escrow, Escrow Holder shall furnish
City with an ALTA owner’s standard (non-extended) coverage policy of title insurance
issued by the Title Company insuring title to the Property vested in City with coverage in
the amount of the Donated Land Value, containing only non-delingent real estate taxes
and exceptions 1 though 6, inclusive, as shown in that certain preliminary report No. 987-
30075967-1RV dated as of October 27, 2021 (“Title Policy”).
6.2 NHD Report. Within two (2) days of Opening of Escrow, Escrow
shall order and deliver to City a Natural Hazards Disclosure report for the Property issued
by Disclosure Source (“NHD Report”) for City’s review and approval.
7. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
7.1 Conditions to City’s Obligations. The obligations of City under this
Agreement are subject to the satisfaction or written waiver, in whole or in part, by City of
each of the following conditions precedent (“City’s Conditions Precedent”):
a. Title Company will issue the Title Policy as specified in
Section 6.1.
b. Escrow Holder holds and will deliver to City the instruments
and funds, if any, accruing to City pursuant to this Agreement.
c. Donor is not in default of its obligations under this Agreement.
7.2 Conditions to Donor’s Obligations. The obligations of Donor
under this Agreement are subject to the satisfaction or written waiver, in whole or in part,
by Donor of the following conditions precedent:
a. Escrow Holder holds and will deliver to Donor the instruments
and funds, if any, accruing to Donor pursuant to this Agreement.
b. City is not in default of its obligations under this Agreement.
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01247.0001/759792.5 4
8. CONDITION OF THE PROPERTY. City shall acquire the Property in its
“AS-IS” condition and City 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,
except as set forth in Section 9, Donor makes no representation or warranty concerning
the physical, environmental, geotechnical or other condition of the Property.
9. LIMITED REPRESENTATIONS, WARRANTIES AND COVENANTS. The
Property is sold as-is, where-is with all faults, defects and encumbrances and subject only
to the following limited representations made to Donor’s actual knowledge each of which
is true in all respects as of the Effective Date and shall be true in all respects on the date
of Close of Escrow on the Property:
9.1 Donor has delivered to City copies of any and all reports in its
possession or control with respect to the condition of the Property.
9.2 Donor has received no notice and/or has no knowledge that any
governmental authority or any employee or agent thereof considers the present or
proposed operation, use or ownership of the Property to violate or have violated any
ordinance, rule, law, regulation or order of any government or agency, body or subdivision
thereof, or that any investigation has been commenced or is contemplated respecting
such possible violations.
9.3 There are no pending or threatened lawsuits or claims which would
affect the Property.
9.4 Donor has received no written notice from any third parties, prior
owners of the Property, or any federal, state or local governmental agency indicating that
any hazardous waste remedial or clean-up work will be required on the Property.
9.5 No construction or repair work has been done on the Property within
six (6) months.
9.6 There are no leases, licenses or other agreements affecting the
Property.
Until the Closing, Donor shall not do anything which would impair Donor’s title to any of
the Property and if Donor learns of any fact or condition which would cause their actual
knowledge to change such that they learn of facts that would cause the representations
in this Section not to be true as of the Closing, Donor shall immediately give written notice
of such fact or condition to City.
10. ESCROW PROVISIONS.
10.1 Escrow Instructions. Sections 1 through 7, inclusive, and 10
through 12, inclusive, constitute the escrow instructions to Escrow Holder. If required by
Escrow Holder, City and Donor agree to execute Escrow Holder’s standard escrow
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01247.0001/759792.5 5
instructions, provided that the same are consistent with 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. City and Donor 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. City and Donor agree to execute additional
instructions, documents and forms provide by Escrow Holder that are reasonably
necessary to close Escrow.
10.2 General Escrow Provisions. Escrow Holder shall deliver the Title
Policy to the City and instruct the San Bernardino County Recorder to mail the Grant
Deed to City at the address set forth in Section 11 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 San Bernardino County, California, and may be
disbursed to any other general escrow account or accounts. All disbursements shall be
according to that party’s instructions.
10.3 Real Property Taxes. Real property taxes shall not be delinquent
at Closing. Donor may file with the County for a refund of any applicable real property
taxes and City shall cooperate with such filing.
10.4 Payment of Costs. Donor shall not pay any costs of this transaction
unless the failure to close is caused by Donor. At Closing, City shall pay all costs and
expenses including, but not limited to, costs for the Title Policy and escrow fees. (“City’s
Charges”).
NOTE TO ESCROW HOLDER: NO documentary transfer taxes shall be due pursuant
to R&T Code §11922. Also no recording fees shall be due as the City is exempt under
Govt Code §6103.
10.5 Closing Statement. At least two (2) business days prior to the
Closing Date, Escrow Holder shall furnish City and Donor with a preliminary Escrow
closing statement showing all 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 the parties.
10.6 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 all documents
then in Escrow to the respective depositor of same and disburse the Iniial Deposit (less
cancellation charges). Cancellation of Escrow, as provided herein, shall be without
prejudice to whatever legal rights City or Donor may have against each other arising from
the Escrow or this Agreement.
G.7.a
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01247.0001/759792.5 6
10.7 Documents. Upon recordation of the Grant Deed, Escrow Holder
will deliver a conformed copy of the Grant Deed to each party.
10.8 Information Report. Escrow Holder shall file and City and Donor
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 Internal Revenue Code Section 6045I regarding the real
estate sales transaction contemplated by this Agreement, including without limitation,
Internal Revenue Service Form 1099-B. City and Donor also agree that City and Donor,
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 6045I, and
further agree that neither City nor Donor shall seek to hold any such party liable for the
disclosure to the Internal Revenue Service of any such information.
10.9 No Withholding as Foreign Donor. Donor represents and warrants
to City that Donor 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 Donor under
California Revenue and Tax Code Section 18805 and that it will deliver to City 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.
10.10 Brokerage Commissions. City and Donor 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. City and Donor 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.
11. NOTICES. Any notice which either party may desire to give to the other
party or to the Escrow Holder must be in writing and may be given (i) by personal delivery
(including reputable overnight courier (such as Federal Express, UPS or DHL) which will
be deemed received the following day, or (ii) 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, 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 City: City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Manager
G.7.a
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01247.0001/759792.5 7
With a Copy to: Aleshire & Wynder, LLP
18881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Adrian R. Guerra, City Attorney
To Donor: ANGELINE PETTA, Trustee
___________________
___________________
To Escrow Holder: Fidelity National Title Company
3237 East Guasti Road Suite 105
Ontario, CA 91761
Attn: Mary Lou Adame, Escrow Officer
12. GENERAL PROVISIONS.
12.1 Assignment. Neither party may assign this Agreement without the
written consent of the other party. This Agreement shall be binding upon and shall inure
to the benefit of City and Donor and their respective heirs, personal representatives,
successors and assigns.
12.2 Attorney’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, including any defense of any such action, 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.
12.3 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.
12.4 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.
12.5 Amendments and Modifications. Any amendment or modification
G.7.a
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01247.0001/759792.5 8
of this Agreement must be in writing executed by each party.
12.6 Severability. 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.
12.7 Merger. 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.
12.8 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.
12.9 Qualification and Authority. Each individual executing this
Agreement on behalf of a Donor which is an entity represents, warrants and covenants
to the City that (a) such person is duly authorized to execute and deliver this Agreement
on behalf of Donor in accordance with authority granted under the organizational
documents of such entity, and (b) Donor is bound under the terms of this Agreement.
12.10 No Third-Party 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.
12.11 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.
12.12 Exhibits. Exhibits A & B attached hereto and incorporated herein by
reference.
[SIGNATURES ON FOLLOWING PAGE]
G.7.a
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01247.0001/759792.5 9
IN WITNESS WHEREOF, the parties hereto have executed this Real Property
Doantion Agreement as of the Effective Date.
DONOR: CITY:
_____________________________
ANGELINE PETTA, Trustees of The
Family Trust of Anthony Petta and
Angeline Petta (AKA Petta Trust) dated
May 10, 2012
CITY OF GRAND TERRACE, a
municipal corporation
By: ____________________________
Konrad Bolowich, City Manager
_________________, 2022
ATTEST:
____________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: _____________________________
Adrian R. Guerra, City Attorney
ACCEPTED BY ESCROW HOLDER:
FIDELITY NATIONAL TITLE
COMPANY, a California corporation
By: _________________________
Mary Lou Adame, Escrow Officer
Dated: ________________, 2022
G.7.a
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01247.0001/759792.5 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRAND
TERRACE IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2, HERMOSA RANCHO, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE
25 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
BETWEEN VICTORIA STREET ON THE NORTH, PRESTON STREET ON THE WEST AND
BARTON ROAD ALONG THE SOUTH AND EAST.
EXCEPT THEREFROM THAT PORTION TAKEN BY FINAL ORDER OF
CONDEMNATION, DESCRIBED AS PARCEL 4, UNIT A, A CERTIFIED COPY OF WHICH
WAS RECORDED MARCH 28, 1972 IN BOOK 7986, PAGE 387 OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0276-213-47-0-000
G.7.a
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01247.0001/759792.5 2
EXHIBIT B
GRANT DEED
Recording requested by and
When Recorded Return to:
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Clerk
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and
subject to the covenants set forth below ANGELINE PETTA, Trustee of The Family Trust of
Anthony Petta and Angeline Petta (AKA Petta Trust) dated May 10, 2012 (“Grantor”) grants to
the CITY OF GRAND TERRACE, a municipal corporation (“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”) for the public purposes of a library, police substation, performing
arts center, or any other allowable use that is in the best interests of the residents of the City of
Grand Terrace as determined by the City Council of the City of Grand Terrace in its sole discretion.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf
as of the date written below.
GRANTOR:
______________________________
ANGELINE PETTA, Trustees of The Family
Trust of Anthony Petta and Angeline Petta (AKA
Petta Trust) dated May 10, 2012
APN. 0276-213-47-0-000 (Space Above This Line for Recorder’s Office Use Only)
Exempt from recording fees per Govt Code § 6103
THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax is $-0- per R&T Code 11922
G.7.a
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01247.0001/759792.5 1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by ANTHONY PETTA
AND ANGELINE PETTA, Trustees of The Family Trust of Anthony Petta and Angeline
Petta (AKA Petta Trust) dated May 10, 2012 (“Grantor”) to the CITY OF GRAND
TERRACE (“City”), is hereby accepted by the undersigned officer and agent of City and
the City consents to the recording of the Grant Deed.
Signed and dated on _____________, 2022 at City of Grand Terrace, California.
GRANTEE
CITY OF GRAND TERRACE, a municipal
corporation
By: _____________________
Konrad Bolowich
City Manager
G.7.a
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01247.0001/759792.5 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRAND
TERRACE IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2, HERMOSA RANCHO, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE
25 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
BETWEEN VICTORIA STREET ON THE NORTH, PRESTON STREET ON THE WEST AND
BARTON ROAD ALONG THE SOUTH AND EAST.
EXCEPT THEREFROM THAT PORTION TAKEN BY FINAL ORDER OF
CONDEMNATION, DESCRIBED AS PARCEL 4, UNIT A, A CERTIFIED COPY OF WHICH
WAS RECORDED MARCH 28, 1972 IN BOOK 7986, PAGE 387 OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0276-213-47-0-000
G.7.a
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01247.0001/759792.5
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________, 2022 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 capaDonor(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:
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.
G.7.a
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01247.0001/761715.1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE FINDING THAT THE ACCEPTANCE OF THE DONATION OF
REAL PROPERTY GENERALLY LOCATED AT PRESTON STREET AND
BARTON ROAD IN GRAND TERRACE, CA (APN 0276-213-47-0-000)
FROM ANGELINE PETTA, TRUSTEE OF THE FAMILY TRUST OF
ANTHONY PETTA AND ANGELINE PETTA (AKA PETTA TRUST)
DATED MAY 10, 2012 AND THE APPROVAL OF THE RELATED REAL
PROPERTY DONATION AGREEMENT IS NOT SUBJECT TO CEQA;
AND ACCEPTING THE DONATION OF REAL PROPERTY THEREOF
AND APPROVING THE DONATION AGREEMENT THEREOF,
CONTINGENT UPON THE PLANNING COMMISSION’S FINDING
THEREOF CONFORMS WITH THE CITY’S GENERAL PLAN
WHEREAS, Angeline Petta, Trustee of The Family Trust of Anthony Petta and
Angeline Petta (AKA Petta Trust) dated May 10, 2012, (“Donor”) owns that certain
unimproved real property in the City of Grand Terrace, San Bernardino County, State of
California (APN 0276-213-47-0-000) (“Property”); and
WHEREAS, pursuant to an appraisal by John Andersen Real Estate, the Property
is currently valued $750,000 as of January 26, 2022; and
WHEREAS, Donor desires to donate the Property to the City for the public
purposes such as a library, police substation, performing arts center, or any other
allowable use that is in the best interests of the residents of the City of Grand Terrace as
determined by the City Council; and
WHEREAS, the City desires to accept such donation of the Property from Donor;
and
WHEREAS, the City and Donor desire to enter into that certain Real Property
Donation Agreement, which is attached hereto as Exhibit A (“Donation Agreement”) such
that Donor will donate the Property, and City will accept such donation, to the City
pursuant to the terms contained in the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. CEQA. The Property is being donated to the City for public purposes,
but no specific project is planned for the site. Therefore, it would be speculative to assess
this for the purposes of CEQA at this time. Additionally, a mere transfer of title from one
property owner to another property owner is not a project under CEQA pursuant to CEQA
Regulation 15378 as a mere change in property ownership does not affect the
environment. Based upon the forgoing, the City Council finds that the City’s acceptance
of the donation of Property and approval of the Agreement is not subject to and is exempt
under CEQA.
G.7.b
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01247.0001/761715.1
Section 3. Donation. The City Council hereby accepts Donor’s donation of the
Property to the City and approves the Agreement in substantially the form as provided in
Exhibit “A,” incorporated herein by this reference, provided that this acceptance and
approval are contingent upon the City’s Planning Commission finding that the donation
and acceptance of the Property, as provided in this Resolution, is consistent with the
City’s General Plan pursuant to Government Code Section 65402.
Section 4. Authority. The City Manager is authorized to execute the Agreement
subject to the City Attorney’s approval as to form and subject to the General Plan
Conformance finding stated in Section 3.
Section 5. Effective Date. This Resolution shall immediately take effect upon
passage.
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 22nd day of February, 2022.
Darcy McNaboe
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
G.7.b
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01247.0001/761715.1
Exhibit A
Form of Real Property Donation Agreement
G.7.b
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Approval of an Agreement for Purchase and Sale of Real
Estate and Joint Escrow Instructions with the San
Bernardino County Transportation Authority (APNs 1167-
231-10 and 1167-231-22) in the Amount of $141,000
(Property Generally Located at Intersection of Barton Road
and Commerce Way)
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: (1) Approve the Agreement for Purchase and Sale of
Real Estate and Joint Escrow Instructions; and
(2) Authorize the Mayor to sign the Agreement subject to
City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports City Council Goal #4, “Develop and Implement Successful
Partnerships” by allowing the City to purchase a property from the San Bernardino
County Transportation Authority (“SBCTA”).
BACKGROUND:
SBCTA currently owns the property with Assessor Parcel Numbers 1167-231-10 and
1167-231-22 (“Property”) that the City desires to purchase for its own use. The Property
is generally located at the intersection of Barton Road and Commerce Way in the City of
Grand Terrace. Over the last several weeks, the City and SBCTA have negotiated the
attached Agreement for Purchase and Sale of Real Estate and Joint Escrow
Instructions (“Agreement”).
DISCUSSION:
If approved, the Agreement will allow the City to purchase the Property from SBCTA for
the price of $141,000. Escrow will open on the date that the Escrow Holder (in this case,
Fidelity National Title Company) receives, executes, and dates acceptance of the fully
executed copy of the Agreement. The City will have to provide a deposit of $4,230.00
within 10 days of opening escrow.
SBCTA will pay for half of the customary escrow fees, the cost of the Title Insurance
policy, and any document preparation costs for documents prepared on their behalf.
The City, in turn, will pay half of the customary escrow fees, any documentary transfer
tax, any additional title coverage or endorsements that the City desires, and any
document preparation costs for documents prepared on the City’s behalf. Escrow will
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close 30 days after opening, unless extended, and must close with the recordation of a
grant deed (with certificate of acceptance).
Should the City elect to sell the property rather than develop and utilize the property for
its own purposes, the sale would be subject to the requirements of the Surplus Land Act
(“SLA”). Under the SLA, a local agency must make the real property intended to be sold
known and available to potential housing developers prior to disposition.
FISCAL IMPACT:
If the Agreement is approved and escrow successfully closes, then the City will pay
$141,000 for the purchase of the Property. The City will also have to pay for other
escrow/closing costs as described above and in the Agreement.
ATTACHMENTS:
• Barton Road-City of Grand Terrace PSA ACS City 11.24..21_ (PDF)
APPROVALS:
Adrian Guerra Completed 02/16/2022 9:36 AM
City Attorney Completed 02/16/2022 10:34 AM
City Manager Completed 02/16/2022 12:04 PM
City Council Pending 02/22/2022 6:00 PM
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1641569.1
AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE
AND JOINT ESCROW INSTRUCTIONS
Barton Road Excess Land – APN’s: 1167-231-10 and 1167-231-22
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”), is entered into by and between the SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY, a public agency (“Seller”) and the CITY OF GRAND
TERRACE, a general law city (“Purchaser”). Fidelity National Title Insurance Company shall serve
as Escrow Holder and Title Company under this Agreement.
RECITALS:
A. Seller owns that certain vacant land commonly known as Assessor Parcel Numbers
1167-231-10 and 1167-231-22 and more particularly described and depicted in Exhibits “A” and
“B” attached hereto and made a part hereof together with all existing privileges, rights (including
mineral rights to the extent they are transferable by Seller), easements, hereditaments, and
appurtenances thereto belonging; and all right, title and interest of the titleholder thereof in and
to any streets, alleys, passages and other rights-of-way included therein or adjacent thereto
(before or after the vacation thereof (“Property”).
B. Purchaser has submitted to Seller and Seller has accepted a written offer to
purchase the Property (“Offer”). Purchaser desires to purchase from Seller and Seller desires to
sell to Purchaser all of Seller’s right, title and interest in and to the Property on the terms and
conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
ARTICLE 1
AGREEMENT TO PURCHASE AND SELL
Purchaser agrees to purchase, and Seller agrees to sell, the Property at the Purchase Price
and on the terms set forth herein. In furtherance thereof. Seller agrees to convey to Purchaser
title to the Property by a recordable Grant Deed substantially in form and content as set forth in
Exhibit “C” attached hereto (“Grant Deed”).
ARTICLE 2
ESCROW
2.1. Purchase Price: The purchase price to be paid by Purchaser to Seller for the
Property shall be ONE HUNDRED FORTY-ONE THOUSAND DOLLARS AND ZERO CENTS
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($141,000) (“Purchase Price”).
2.2. Opening of Escrow; Earnest Money Deposit:
2.2.1 Opening of Escrow. Upon full execution of the Agreement, Seller and
Purchaser shall open an Escrow (as hereinafter defined) by depositing a
fully executed copy of this Agreement with MaryLou Adame at Fidelity
National Title Insurance Company, 3237 E. Guasti Rd., Ste. 105, Ontario,
CA 91761 (909) 978-3020 Marylou.Adame@fnf.com (“Escrow Holder”).
Escrow shall be deemed opened on the date when Escrow Holder receives,
executes and dates acceptance of a fully executed copy of this Agreement
(“Opening of Escrow”) a copy of which shall be provided to each party.
2.2.2 Earnest Money Deposit. Within ten (10) days of Opening of Escrow,
Purchaser shall deposit into Escrow the sum of Four Thousand Two
Hundred Thirty Dollars ($4,230) (“Earnest Money Deposit”).
2.2.3 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.
2.3 PURCHASER’S DEFAULT AND LIQUIDATED DAMAGES: PURCHASER AND SELLER
AGREE THAT SHOULD PURCHASER DEFAULT IN PURCHASER’S OBLIGATION TO PURCHASE THE
PROPERTY WITHIN THE TIME AND IN THE MANNER SPECIFIED IN THIS AGREEMENT, SELLER
SHALL BE RELEASED FROM ALL OBLIGATIONS IN LAW OR EQUITY TO CONVEY THE PROPERTY
TO PURCHASER. PURCHASER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL OR
EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES SUFFERED BY SELLER BECAUSE OF SUCH
DEFAULT, THAT THE EARNEST MONEY DEPOSIT CONSTITUTES A REASONABLE ESTIMATE AND
AGREED STIPULATION OF DAMAGES IN THE EVENT OF SUCH DEFAULT BY PURCHASER AND
THAT SELLER SHALL HAVE NO OTHER RIGHT OR CAUSE OF ACTION AGAINST PURCHASER FOR
DAMAGES OR OTHERWISE ARISING FROM SAID DEFAULT EXCEPT FOR THE INDEMNITY
OBLIGATIONS SET FORTH IN SECTION 3.1.4 WHICH SHALL REMAIN IN EFFECT.
Seller’s Initials: _________ Purchaser’s Initials: _________
2.4 Closing Costs. Closing costs shall be paid as follows:
2.4.1 By Seller. Seller will pay one-half (1/2) of customary escrow fees, the cost
of the Title Policy (as defined in Section 3.2.2) and any document
preparation costs for documents prepared on Seller’s behalf.
2.4.2 By Purchaser. Purchaser will pay one-half (1/2) of customary escrow fees,
any documentary transfer tax, and any additional title coverage or
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endorsements which Purchaser may desire and any document preparation
costs for documents prepared on Purchaser’s behalf.
2.4.3 Recording Fees. No recording fees will be payable with respect to the
recording of the Grant Deed, pursuant to Government Code Section
27383.
2.4.4 Attorney Fees. Each party will be responsible for payment of its own
attorneys’ fees with respect to the negotiation and preparation of this
Agreement.
2.5 Closing of Escrow. Upon satisfaction of the conditions precedent in Sections 2.12
and 2.13, Escrow shall close with the recordation of the Grant Deed (with the Certificate of
Acceptance attached) in the Official Records of San Bernardino County and Title Company’s
commitment to issue the Title Policy (as defined in (“Closing” or “Close of Escrow”). Escrow shall
close on or before thirty (30) days after Opening of Escrow, unless extended in writing executed
by the parties. However, the parties may, upon written agreement, close earlier than the
specified Closing Date.
2.6 Real Property Taxes; Closing Prorations And Adjustments. The parties
acknowledge that because of Seller’s status as a public entity, the Property has not been subject
to real property taxation during Seller’s period of ownership. Purchaser will become liable for
real property taxes and assessments with respect to the Property from and after Close of Escrow,
to the extent that such taxes and assessments relate to periods following Close of Escrow.
2.7 Payment Of Purchase Price. The Purchase Price, less the Earnest Money Deposit
and plus or minus any adjustments, credits or prorations provided for herein, shall be paid at the
Closing.
2.8 Possession. Exclusive possession of the Property shall be delivered to Purchaser
at the Closing.
2.9 Escrow Provisions.
2.9.1 Escrow Instructions. Sections 1, 2 (but excluding Section 2.3), 3.2 and 6
constitute the escrow instructions to Escrow Holder. If required by Escrow Holder,
Purchaser and Seller agree to execute Escrow Holder’s standard escrow instructions,
provided that the same are consistent with 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. 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. Purchaser and Seller agree to execute additional
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1641569.1
instructions, documents and forms provide by Escrow Holder that are reasonably
necessary to close Escrow.
2.9.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to
the Purchaser and instruct the San Bernardino County Recorder to mail the Grant Deed
to Purchaser at the address set forth in Section 6.2 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.
2.10 Documents To Be Delivered By Seller. At least two (2) business days prior to the
Closing, Seller shall deliver or cause to be delivered to Escrow Holder the following, each of which
shall be in form reasonably satisfactory to Purchaser:
2.10.1 Grant Deed. A duly executed and acknowledged Grant Deed.
2.10.2 Miscellaneous. All other documents (if any) required by Title Company or
Escrow duly executed and delivered (if applicable).
2.11 Documents To Be Delivered By Purchaser. At least two (2) business days prior to
the Closing, Purchaser shall deliver or cause to be delivered to Escrow Holder the following, each
of which shall be in form reasonably satisfactory to Seller:
2.11.1 Funds. The balance of the Purchase Price plus or minus adjustments,
credits and prorations provided for herein.
2.11.2 Certificate of Acceptance. An executed Certificate of Acceptance (in the
form attached to the Grant Deed) which is be attached to the Grant Deed
prior to recordation.
2.11.3 Miscellaneous. Such other instruments and documents as may be
reasonably required in order to carry out the purpose of this Agreement.
2.12 Conditions To Seller’s Obligations. The Closing and Seller’s obligations to
consummate the transaction contemplated by this Agreement are subject to the satisfaction of
the following conditions (or Seller’s waiver thereof) which are for Seller’s sole benefit, on or prior
to the dates designated below for the satisfaction of such conditions, or the Closing in absence
of a specified date:
2.12.1 Purchaser’s Obligations. As of the Closing, Purchaser shall have timely
performed all of the obligations required by the terms of this Agreement
to be performed by Purchaser.
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2.12.2 Purchaser’s Representations. As of the Closing, all representations and
warranties made by Purchaser to Seller in this Agreement shall be true
and correct as of the Closing.
2.13 Conditions To Purchaser’s Obligations. The Closing and Purchaser’s obligations
to consummate the transaction contemplated by this Agreement are subject to the satisfaction
of the following conditions (or Purchaser’s waiver thereof) which are for Purchaser’s sole benefit,
on or prior to the dates designated below for the satisfaction of such conditions, or the Closing
in absence of a specified date:
2.13.1 Seller’s Obligations. As of the Closing, Seller shall have timely
performed all of the obligations required by the terms of this
Agreement to be performed by Seller.
2.13.2 Property Condition. Purchase has approved the condition of the
Property pursuant to Section 3.1.
2.13.3 Title Policy. The Title Company will issue the Title Policy and deliver
same to Purchaser at Closing.
2.13.4 Seller’s Representations. As of the Closing, all representations and
warranties made by Seller to Purchaser in this Agreement shall be true
and correct as of the Closing.
2.14 Electronic Signatures. Escrow Holder is authorized to accept electronically
signed documents which comply with UETA and ESign laws; provided, however, that any
documents to be recorded (such as the Grant Deed) must bear original signatures and
notarizations. Escrow Holder will notify Seller and Purchaser regarding any other documents as
to which it may require original signatures.
2.15 No Withholding as Foreign Seller. Seller represents and warrants to Purchaser
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 Purchaser 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.
2.16 City Manager Authority. Purchaser by its execution of this Agreement agrees that
the City Manager of Purchaser or his designee (who has been designated by City Manager’s
written notice delivered to Seller and Escrow Holder) shall have the authority to execute
documents on behalf of Purchaser 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 Purchaser.
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ARTICLE 3
REVIEW PERIODS
3.1 Review of Property:
3.1.1 Purchaser’s Review Period: Within five (5) days of the Opening of Escrow,
Seller shall deliver to Purchaser copies of information, reports and investigations
regarding the Property within Seller’s possession or control, such as Phase I reports and
soil studies (“Property Documents”). Purchaser’s Review Period shall expire twenty-five
(25) days after Opening of Escrow (“Purchaser’s Review Period”), unless terminated
earlier by Purchaser. If Purchaser has not disapproved the condition of the Property by
written notice delivered to Seller and Escrow Holder prior to the expiration of Purchaser’s
Review Period then Purchaser shall be deemed to have approved same. In the event,
Purchaser terminates this Agreement within the Purchaser’s Review Period, the Earnest
Money Deposit shall be returned to Purchaser.
3.1.2 Purchaser’s Investigations of the Property: During the Review Period,
Purchaser and its agents and contractors shall have the right to conduct such
investigations and enter upon the Property to conduct, at Purchaser’s expense, such tests
and investigations as may be necessary for Purchaser to determine whether any matter
would materially hinder or make economically unfeasible Purchaser’s intended use of the
Property. At least two (2) days prior any invasive investigations or tests, Purchaser shall
notify Seller of the investigations or tests to be conducted. Purchaser will be responsible
to pay the cost of repairing any damage to the Property as a result of any test or inspection
and leave the Property in a safe condition. Copies of any investigations or reports shall be
delivered to Seller upon Seller’s request.
3.1.3 Insurance Requirements: Prior to Purchaser or its agents or contractors
entering upon the Property pursuant to this Section 3.1, Purchaser shall (i) give Seller
forty-eight (48) hours prior notice of entry, and (ii) provide satisfactory evidence to Seller
that Purchaser, or its agents or contractors, have obtained commercial general liability
insurance, with limits of not less than $2,000,000 per occurrence and $4,000,000 in
aggregate; workers compensation insurance in statutory limits and employers liability
insurance with limits not less than $1,000,000 each incident, Commercial Auto Liability,
with limits of not less than $1,000,000 each accident; and umbrella excess liability
insurance excess of the underlying commercial general liability and employers liability
insurance with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate.
Further Purchaser will name Seller as an additional named insured on the policies listed
above.
3.1.4 Indemnity: Purchaser agrees to defend and indemnify Seller for any claims
that arise out of Purchaser’s inspection or testing of the Property. This obligation shall
survive termination of this Agreement.
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3.2 Review of Title:
3.2.1 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 fifteen (15) days after Purchaser’s receipt of the Preliminary Title Report,
Purchaser shall notify Seller in writing (“Purchaser’s Title Notice”) of Purchaser’s
disapproval of any matters contained in the Preliminary Title Report except that
Purchaser may not disapprove any title exceptions caused by Purchaser’s entry onto the
Property pursuant to Section 3.1 (“Disapproved Exceptions”), provided all monetary liens
encumbering the Property are hereby disapproved by Purchaser and shall be removed
and released by Seller through or prior to the Close of Escrow.
In the event Purchaser delivers Purchaser’s Title Notice within said period, Seller
shall have a period of five (5) days after receipt of Purchaser’s Title Notice in which to
notify Purchaser 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 Purchaser of its election to
decline to remove the Disapproved Exceptions, or if Seller is unable to remove the
Disapproved Exceptions, Purchaser may elect either to terminate this Agreement and the
Escrow or to accept title to the Property subject to the Disapproved Exception(s).
Purchaser 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 Purchaser’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.
3.2.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Purchaser
with an ALTA owner’s non-extended coverage policy of title insurance insuring title to the
Property vested in Purchaser with coverage in the amount of the Purchase Price showing
(i) title exceptions approved pursuant to Section 3.2.1; and (ii) any exceptions caused by
Purchaser including pursuant to Section 3.1 (“Title Policy”). The cost of the Title Policy to
Purchaser shall be paid by Seller but Purchaser shall be obligated pay for any
endorsements. If Purchaser desires to obtain an ALTA extended coverage owner’s title
policy, Purchaser shall deliver an ALTA survey, at Purchaser’s cost, to Title Company at
least ten (10) days prior to the Closing Date and Purchaser shall pay the additional cost
for the extended coverage.
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ARTICLE 4
REPRESENTATIONS AND WARRANTIES
4.1 Seller’s Representations And Warranties. Except as expressly set forth in this
Agreement, Seller is selling the Property “AS-IS” with all faults, but represents and warrants to
Purchaser as follows:
4.1.1 Authority. Seller has full power and authority to sell, convey and transfer
the Property as provided for in this Agreement and this Agreement is binding and enforceable
against Seller.
4.1.2 Disclosure. Copies of all Property Documents have been delivered to
Purchaser pursuant to Section 3.1.1.
4.1.3 No Third-Party Rights. There are no leases, purchase agreements, options,
or any other agreements which are in effect as to the Property and no third party has any rights
or claims to the Property.
4.2 Purchaser’s Representations And Warranties. Except as expressly set forth in this
Agreement, Purchaser is relying upon no warranties, express or implied, oral or written, from
Seller regarding the Property and, upon Close of Escrow, Purchaser will have accepted the
Property as-is, with all faults. Purchaser represents and warrants to Seller as follows:
4.2.1 Agreements. Neither the execution and delivery of this Agreement by
Purchaser nor the consummation of the transactions contemplated hereby will result in any
breach or violation of or default under any judgment, decree, order, mortgage, lease, agreement,
indenture or other instrument to which Purchaser is a party.
4.2.2 Authority. Purchaser has full power and authority to execute this
Agreement and purchase the Property as provided for in this Agreement and this Agreement is
binding and enforceable against Purchaser.
4.2.3 As-Is Acquisition. Purchaser acknowledges and agrees that, except as
otherwise specifically provided herein, Seller has not made, does not make and specifically
negates and disclaims any representations, warranties, promises, covenants, agreements or
guaranties of any kind or character whatsoever, whether express or implied, oral or written, past,
present or future, of, as to, concerning or with respect to (i) value; (ii) the income to be derived
from the Property; (iii) the nature, quality or condition of the Property, including, without
limitation, the water, soil and geology; (iv) the compliance of or by the Property or its operation
with any laws, rules, ordinances or regulations of any applicable governmental authority or body;
(v) compliance with any environmental protection, pollution or land use laws, rules, regulation,
orders or requirements, including but not limited to, title iii of the Americans With Disabilities
Act of 1990, California Health & Safety Code, the Federal Water Pollution Control Act, the Federal
Resource Conservation and Recovery Act, the U.S. Environmental Protection Agency Regulations
G.8.a
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at 40 C.F.R., part 261, the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, the Clean Water
Act, the Safe Drinking Water Act, the Hazardous Materials Transportation Act, the Toxic
Substance Control Act, and regulations promulgated under any of the foregoing; (vi) the presence
or absence of hazardous materials at, on, under, or adjacent to the Property; (vii) the content,
completeness or accuracy of any due diligence materials delivered by Seller to Purchaser or
preliminary report regarding title; (viii) deficiency of any undershoring; (ix) deficiency of any
drainage; (x) the fact that all or a portion of the Property may be located on or near an earthquake
fault line or a flood zone; or (xi) with respect to any other matter. Purchaser further acknowledges
and agrees that it has or will have been given the opportunity to inspect the Property and review
information and documentation affecting the Property, and that, except for Seller’s express
representations and warranties contained herein, Purchaser is relying solely on its own
investigation of the Property and review of such information and documentation, and not on any
information provided or to be provided by Seller. Purchaser further acknowledges and agrees
that any information made available to Purchaser or provided or to be provided by or on behalf
of Seller with respect to the Property was obtained from a variety of sources and that Seller has
not made any independent investigation or verification of such information and makes no
representations as to the accuracy or completeness of such information. Purchaser agrees to fully
and irrevocably release all such sources of information and preparers of information and
documentation affecting the Property which were retained by Seller from any and all claims that
they may now have or hereafter acquire against such sources and preparers of information for
any costs, loss, liability, damage, expense, demand, action or cause of action arising from such
information or documentation. Except for Seller’s express representations and warranties
contained in Section 4.1 above, Seller is not liable or bound in any manner by any oral or written
statements, representations or information pertaining to the Property, or the operation thereof,
furnished by any real estate broker, agent, employee, servant or other person. Purchaser further
acknowledges and agrees that to the maximum extent permitted by law, except for Seller’s
express representations and warranties contained in Section 4.1 above, the sale of the Property
as provided for herein is made on an "as is" condition and basis with all faults, and that Seller has
no obligations to make repairs, replacements or improvements except as may otherwise be
expressly stated herein. Purchaser represents, warrants and covenants to Seller that, except for
Seller’s express representations and warranties specified in this Agreement, Purchaser is relying
solely upon Purchaser’s own investigation of the Property.
4.2.4 General Waiver. Except for the obligations of Seller under this
Agreement, Purchaser expressly waives any of its rights granted under California Civil Code
Section 1542, which provides as follows: “A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.”
_______________
Purchaser’s Initials
G.8.a
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1641569.1
ARTICLE 5
DEFAULTS; REMEDIES
5.1 Purchaser’s Default. If Purchaser breaches this Agreement and the transaction is
not consummated solely as a result, Seller shall have the right to the liquidated damages in
accordance with Section 2.3. However, payment of the liquidated damages to Seller shall not
waive or excuse Purchaser’s obligation (i) to deliver Reports pursuant to Section 3.1.2; nor (ii)
indemnity pursuant to Section 3.1.4.
5.2 Seller’s Default. If Seller breaches this Agreement and the transaction is not
consummated as a result thereof, Purchaser shall have the right to pursue all available remedies
including specific performance.
ARTICLE 6
MISCELLANEOUS
6.1 Payment Of Real Estate Brokers And Consultants. Each party represents to the
other that no real estate broker has been used in connection with this transaction unless
pursuant to a separate agreement. Purchaser agrees to indemnify, defend and hold Seller
harmless from and against any claim for a real estate broker’s commission or fee by any party
claiming to have represented Purchaser in connection with this transaction. Seller agrees to
indemnify, defend and hold Purchaser harmless from and against any claim for a real estate
broker’s commission or fee by any party claiming to have represented Seller in connection with
this transaction. The indemnification obligations under this Section 6.1 shall survive the Closing
or any termination of this Agreement for any reason whatsoever.
6.2 Notices. All notices and other communications which are required to be, or which
may be given under this Agreement shall be in writing, and shall be delivered at the addresses
set out herein below. Notice may be given by personal delivery, recognized overnight courier, by
United States mail or by facsimile transmission in the manner set forth below. Notice shall be
deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of
actual receipt or refusal of delivery by any person at the intended address, (b) if by overnight
courier, on the first (1st) Business Day after being delivered to a recognized overnight courier, (c)
if by mail, on the third (3rd) Business Day after being deposited in the United States mail, certified
or registered mail, return receipt requested, postage prepaid, or (d) by facsimile transmission
shall be deemed to have been given on the next business day after being transmitted, as
evidenced by the confirmation slip generated by the sender’s facsimile machine addressed as
follows:
If to Seller: San Bernardino County Transportation Authority
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92410
Attn: Paul Melocoton
Fax: (909) 885-4407
G.8.a
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1641569.1
With a copy to: Woodruff, Spradlin & Smart
555 Anton Boulevard, Ste 1200
Costa Mesa, CA 92626
Attn: Craig G. Farrington/Alyson Suh
Fax: (714) 835-7787
If to Purchaser: City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Attn: Michael Milhiser, Interim City Manager
Fax: (909) 824-6623
With a copy to: Aleshire & Wynder, LLP
18881 Von Karman Blvd , Ste 1700
Irvine, CA 92612
Attn: Adrian Guerra, City Attorney
Fax: (949) 223-1180
If to Escrow Holder: Fidelity National Title Insurance Company
3237 E. Guasti Rd., Ste. 105
Ontario, CA 91761
Mary Lou Adame, Escrow Officer
Fax: (909) 354-3355
or to such other address as either party may from time to time specify as its address for the
receipt of notices hereunder, in a notice to the other party. Notices given by an attorney shall be
deemed to constitute notice from that party.
6.3 Assignment. Purchaser may not assign this Agreement.
6.4 Joint And Several Liability. If Purchaser is more than one person or entity, then
all obligations and/or liabilities of Purchaser set forth herein or arising hereunder shall be the
joint and several obligations and/or liabilities of each party constituting Purchaser.
6.5 Entire Agreement. This Agreement embodies the entire understanding of the
parties and there are no further or other agreements or understandings, written or oral, in effect
between the parties relating to the subject matter hereof including, but not limited to, the Offer.
6.6 Severability. If any term or provision of this Agreement or any application thereof
shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof
shall not be affected thereby.
6.7 Captions; Number. The captions contained in this Agreement are for the
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1641569.1
convenience of reference only, and shall not affect the meaning, interpretation or construction
of this Agreement. As used in this Agreement, the singular form shall include the plural and the
plural shall include the singular, to the extent that the context renders it appropriate.
6.8 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original and all of which together shall be deemed to be
one and the same instrument.
6.9 Governing Law. This Agreement has been executed and delivered, and is to be
performed, in the State of California, and this Agreement and all rights, obligations and liabilities
hereunder shall be governed by, and construed in accordance with, the internal laws of the State
of California. Purchaser hereby irrevocably waives any objection that it may now or hereafter
have to the laying of venue of any suit, action or proceeding arising out of or relating to this
Agreement brought in any federal or state court sitting in San Bernardino County, California.
6.10 Time Of The Essence. Time is of the essence of this Agreement.
6.11 Modification. This Agreement may only be amended or modified in writing
executed by both parties.
6.12 Waiver. Except as otherwise expressly provided in this Agreement, no waiver by
a party of any breach of this Agreement or of any warranty or representation hereunder by the
other party shall be deemed to be a waiver of any other breach by such other party (whether
preceding or succeeding and whether or not of the same or similar nature) and no acceptance of
payment or performance by a party after any breach by the other party shall be deemed to be a
waiver of any breach of this Agreement or of any representation or warranty hereunder by such
other party whether or not the first party knows such breach at the time it accepts such payment
or performance. Except as otherwise expressly provided in this Agreement, no failure or delay by
a party to exercise any right it may have by reason of the default of the other party shall operate
as a waiver of default or modification of this Agreement or shall prevent the exercise of any right
by the first party while the other party continues to be so in default.
6.13 Business Days. Except as otherwise provided in this Agreement, if any date
specified in this Agreement for the Closing Date or for commencement or expiration of time
periods for termination or approvals or for notice occurs on a day other than a Business Day, then
any such date shall be postponed to the following Business Day. As used herein, “Business Day”
shall mean any day other than a Saturday, Sunday or a holiday observed by national banks.
6.14 Attorney 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.
G.8.a
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1641569.1
6.15 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.
6.16 Exhibits. Exhibits A, B and C attached hereto are incorporated herein by
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
REMINDER TO PARTIES: Sections 2.3 and 4.2.4 need to be initialed.
SELLER:
PURCHASER:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY,
a public agency
By: _____________________________
Raymond W. Wolfe, PhD
Executive Director
___________________, 202_
APPROVED AS TO FORM:
By: _____________________________
Craig Farrington/Alyson Suh
Woodruff, Spradlin & Smart
Attorneys for Seller
CITY OF GRAND TERRACE, a general law city
By: _____________________________
Darcy McNaboe, Mayor
_________________, 202_
ATTEST:
_____________________________
Debra Thomas,
City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
By: ___________________________
Adrian R. Guerra, City Attorney
G.8.a
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1641569.1
ACCEPTANCE BY ESCROW HOLDER
Fidelity National Title Insurance Company acknowledges that it has received a fully executed copy
of this Agreement for Purchase and Sale of Real Estate and Joint Escrow Instructions and, as set
forth herein agrees to act as Escrow Holder thereunder and to be bound by and perform the
terms which apply to Escrow Holder.
By: _________________________
MaryLou Adame, Escrow Officer
Dated: __________________, 202_ (Opening of Escrow)
G.8.a
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1641569.1
EXHIBIT “A”
Legal Description of the Property
That certain real property in the City of Grand Terrace, County of San Bernardino, State of
California legally described as follows:
G.8.a
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1641569.1
EXHIBIT “B”
Map of the Property
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1641569.1
EXHIBIT “C”
Grant Deed
RECORDING REQUESTED BY AND:
WHEN RECORDED MAIL TO:
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
APNs. 1167-231-10 and 1167-231-22 SPACE ABOVE RESERVED FOR RECORDER’S USE
THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is: $_
GRANT DEED
FOR VALUE RECEIVED, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, a public agency ("Grantor") hereby grants to the CITY OF GRAND
TERRACE, a general law city (“Grantee”) all that certain real property situated in the City of Grand
Terrace, County of San Bernardino, State of California, more fully described and depicted in
EXHIBITS “A” and “B” attached hereto and incorporated herein by this reference.
Dated: _________________, 202_ SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY, a public agency
By: _______________________
Raymond W. Wolfe, PhD
Executive Director
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1641569.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, a public agency to the CITY OF GRAND TERRACE (“City”), is hereby
accepted by the undersigned officer and agent of City and the City consents to the recording of
the Grant Deed.
Signed and dated on _____________, 202_ at City of Grand Terrace, California.
GRANTEE
CITY OF GRAND TERRACE, a general law city
By: _____________________
Michael Milhiser
Interim City Manager
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1641569.1
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On , 202__ before me, (here
insert name and title of the officer), 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.
Signature
(Seal)
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.
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1641569.1
EXHIBIT “A” TO GRANT DEED
Legal Description
That certain real property in the City of Grand Terrace, County of San Bernardino, State of
California legally described as follows:
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1641569.1
EXHIBIT “B” TO GRANT DEED
Map
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Establishment of Planning Commission/Site & Architectural
Review Board Alternates
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Discuss and provide direction on whether to establish
Planning Commission/Site & Architectural Review Board
alternates.
2030 VISION STATEMENT:
This staff report supports City Council Goal #5, “Engage in Proactive Communication”
by providing further community input on planning matters.
BACKGROUND:
On July 28, 2020, the City Council approved a Future Agenda Item request from Mayor
McNaboe to consider whether the City Council can, and should, appoint alternate
members to the Planning Commission/Site & Architectural Review Board. Specifically,
the alternate members would participate in a meeting if certain criteria (to be
established by the City Council) allows them to participate, such as lack of a quorum
due to conflicts of interest among at least 3 of the 5 members.
This staff report provides general background for the establishment of a planning
commission and whether the above approach is compliant under that law.
DISCUSSION:
The City Council may establish a planning commission to review and advise on
planning matters of the City under State law (Government Code Section 65100 et seq.),
but is not required to do so (in the absence of a planning commission, the City Council
would perform the functions thereof). State law further requires that the Planning
Commission be at least 5 members, but does not provide a maximum. It further does
not address the use of planning commissioner alternates. In terms of appointment, the
mayor has the power to appoint planning commission members with approval of the
City Council pursuant to Government Code Section 40605.
In accordance with state law, Chapter 2.16 of the Grand Terrace Municipal Code
establishes the Planning Commission and Chapter 18.63 establishes the Planning
Commission as the Site & Architectural Review Board (for the purposes of this staff
report, references to the “Planning Commission” shall include both the Planning
Commission and Site & Architectural Review Board). The Planning Commission
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consists of five members.
Under the proposed concept for consideration, the City Council would appoint additional
members to the Planning Commission who would serve as alternates to the
commission. The alternate members would participate in a meeting if certain criteria (to
be established by the City Council) allows them to participate. For example, if a
planning commissioner has a conflict of interest that requires recusal, then the alternate
planning commissioner could participate. Similarly, if a regular planning commissioner is
unable to attend a meeting due to an illness or some other reason for absence, then the
alternate planning commissioner may participate.
This “alternate commissioner” concept appears compliant with state law. State law
neither regulates the number of members on a planning commission nor prohibits the
appointment of alternate members. Thus, implementation of the “alternate
commissioner” concept would not contradict any state law.
The City Attorney’s Office conducted an informal survey on what cities have and do not
have planning commissioner alternates. Below are the results which include general law
and charter cities:
Yes Alternates No Alternates
San Marcos (Charter) Riverside (Charter)
Avalon (General Law) Colton (General Law)
Calabasas (General Law) Fontana (General Law)
Milpitas (General Law) Loma Linda (Charter)
Carson (Charter) Rialto (General Law)
Coachella (General Law) San Bernardino (Charter)
Piedmont (Charter) Redlands (General Law)
Dublin (General Law) Moreno Valley (General Law)
If the City Council determines to proceed with Planning Commission alternates, then the
following policy issues should be considered:
• Whether alternates need to attend all Planning Commission meetings in case a
planning commissioner becomes suddenly unavailable.
• The number of alternate planning commissioners.
• The term of alternate planning commissioners, including how to stagger such
terms.
• The compensation of alternate planning commissioners.
• Method for selection of alternate commissioners when needed.
Additionally, in order to implement the policy, the City Council will have to adopt an
ordinance amending the code. Attached are ordinances from Calabasas, Dublin, and
Coachella for consideration to use as a model.
FISCAL IMPACT:
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There is no fiscal impact if the City Council elects not to utilize alternate commissioners.
There may be a fiscal impact, which is unknown at this time, if alternate commissioners
are utilized and those alternate commissioners some amount of compensation. The
method of compensation will need to be addressed if an ordinance is adopted to
implement this process.
ATTACHMENTS:
• Dublin - Chapter 2.12 PLANNING COMMISSION (PDF)
• Coachella - Chapter_2.32___PLANNING_COMMISSION (002) (PDF)
• Calabasas - Chapter_2.28___PLANNING_COMMISSION (002)(PDF)
APPROVALS:
Adrian Guerra Completed 02/16/2022 9:22 AM
City Attorney Completed 02/16/2022 9:23 AM
City Manager Completed 02/17/2022 8:33 AM
City Council Pending 02/22/2022 6:00 PM
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Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 Planning Agency established.
2.12.020 Membership—Appointment—Term—Removal.
2.12.030 Expenses and compensation.
2.12.040 Chairman—Rules—Records—Meetings.
2.12.050 Powers and duties—Generally.
2.12.060 Term limits.
2.12.010 Planning Agency established.
Pursuant to Government Code Section 65000 et seq., there is established a Planning Agency
consisting of a Planning Commission. (Ord. 17-09 § 2 (part): Ord. 5 § 1, 1982)
2.12.020 Membership—Appointment—Term—Removal.
A. The Planning Commission shall consist of five (5) members (“members” or “Planning
Commissioners”) and two (2) alternate members (“alternates” or “Alternate Planning Commissioners”).
One alternate shall be appointed as first alternate or “A1.” The other alternate shall be appointed as
second alternate or “A2.” Members shall be appointed for a term of four (4) years. Alternates shall be
appointed for a term of two (2) years. Terms shall begin in January following even-numbered election
years and end in December of even-numbered years (or until successors are appointed). If a vacancy
occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion
of the term. In the event of a Commission vacancy, alternates will be considered without submitting a
new application unless alternate notifies the Clerk that he or she does not want to be considered for
appointment to the vacancy.
B. Members and alternates shall be appointed to the Planning Commission by the Mayor, subject to
the approval of the City Council. A Planning Commissioner or Alternate Planning Commissioner can
be removed at any time during the Commissioner’s term of office by a majority of the City Council.
Removal and appointment of Planning Commission members and alternates shall be made only at a
regularly scheduled meeting of the City Council. Members and alternates of the Planning Commission
shall be residents of the city.
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C. Planning Commission members and alternates should endeavor to attend all regular and special
meetings of the Planning Commission. The Secretary to the Planning Commission shall provide the
Mayor with monthly attendance reports and a quarterly overview of attendance by Committee
members and alternates. After the third absence from a regularly scheduled Planning Commission
meeting within any twelve (12) month period, said Planning Commissioner or Alternate Planning
Commissioner automatically vacates his or her office.
D. Teleconferencing. In rare cases and exceptional circumstances, the Planning Commission
permits teleconferencing by Planning Commissioners at regular and special Planning Commission
meetings. Only one (1) Planning Commissioner is permitted to attend via teleconference per meeting.
The first Planning Commissioner who notifies the City Clerk of his or her intention to do so will be
permitted to attend by teleconference. Only audio teleconferencing is permitted. Video conference or
any other form of non-telephonic communication are not approved forms of teleconferencing of
Planning Commission meetings. (Ord. 5-19* § 1, 2019: Ord. 7-17 § 1, 2017: Ord. 3-16 § 1 (part): Ord.
17-09 § 2 (part): Ord. 20-02 § 2 (A, B); Ord. 16-92 § 1: Ord. 12-84 § 1: Ord. 5 §§ 2, 3, 1982)
* Code reviser’s note: Ordinance 5-19 inadvertently omitted amendments to subsection (D) of this section from
Ord. 7-17. The amendments from Ord. 7-17 have been retained at the direction of the city.
2.12.030 Expenses and compensation.
Planning Commission members and alternates shall be entitled to reimbursement for expenses as the
City Council may approve. In addition, Planning Commission members and alternates shall be paid
fifty dollars ($50) for each meeting attended, to a maximum of three (3) meetings in a calendar month;
provided, that Commission members and alternates shall not be deemed to be city employees by
virtue of such payment. (Ord. 5-19 § 2, 2019: Ord. 17-09 § 2 (part): Ord. 24-99 § 2 (part): Ord. 11-89
§ 1: Ord. 5 § 4, 1982)
2.12.040 Chairman—Rules—Records—Meetings.
A. The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership
by simple majority vote at the first meeting of the year. The Commission shall, unless no
Commissioners meet the criteria, elect Commissioners to the positions that have not previously
served in the position and that have not declined the appointment, with the intent that no one should
serve in the position for two (2) consecutive years. Alternates are not eligible to serve as Chairperson
or Vice Chairperson. In the absence or disability of either the Chairperson or Vice Chairperson, the
Commission may designate a temporary Chairperson.
B. Unless there is no business to be transacted, the Commission shall hold at least one (1) regular
meeting each month and such other meetings as may be necessary.
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C. The Commission shall adopt rules for the transaction of its business.
D. No official action shall be transacted by less than the affirmative vote of a majority of the quorum
present. In the event of a tie vote, the motion fails; another motion may be entertained to break the tie.
E. Not less than three (3) affirmative votes shall be required to recommend matters to the City
Council for adoption. The City Manager or City Manager’s designee shall serve as the Secretary to
the Planning Commission.
F. Alternates shall participate in all Planning Commission matters except that alternates shall vote
only in the event of an absence of a member or of a vacancy on the Commission. In such event, the
first alternate shall participate as a voting member. The second alternate shall participate as a voting
member during the second occurring absence or vacancy at the same meeting. (Ord. 5-19 § 3, 2019:
Ord. 3-16 § 1 (part): Ord. 17-09 § 2 (part): Ord. 10-09 § 1: Ord. 16-92 § 2: Ord. 5 § 5, 1982)
2.12.050 Powers and duties—Generally.
The Planning Commission shall have the power and it shall be its duty:
A. To serve the city and the residents of the city of Dublin with professionalism and respect;
B. To recommend for adoption by the City Council a comprehensive long-term general plan for the
physical development of the city and of any land outside its boundaries which in the City Council’s
judgment bears relation to its planning;
C. To recommend for adoption by the City Council specific plans based on the general plan and
drafts of such regulations, programs and legislation as may in its judgment be required for the
systematic execution of the general plan;
D. To periodically review the capital improvement program of the city;
E. To recommend for adoption by the City Council a zoning ordinance and to perform such other
duties in reference to planning, zoning, land use and design review matters as may be required by the
City Council. (Ord. 3-16 § 1 (part): Ord. 17-09 § 2 (part): Ord. 10-9 § 2: Ord. 5 § 6, 1982)
2.12.060 Term limits.
No person shall serve as a Planning Commissioner for more than two (2) consecutive four (4) year
terms. As used herein, a person shall be considered to have served a term of office as a Planning
Commissioner if such person has served as a Planning Commissioner for two (2) years plus one (1)
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day. No term limit shall apply to Alternate Planning Commissioners. (Ord. 5-19 § 4, 2019: Ord. 17-09
§ 2 (part): Ord. 20-02 § 2(C))
The Dublin Municipal Code is current through Ordinance 8-21, passed October 19, 2021.
Disclaimer: The City Clerk’s office has the official version of the Dublin Municipal Code. Users should contact the
City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: https://dublin.ca.gov/
City Telephone: (925) 833-6600
Code Publishing Company
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Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.32 PLANNING COMMISSION
Coachella, California, Code of Ordinances Created: 2021-07-26 20:55:24 [EST]
(Supp. No. 23)
Page 1 of 2
Chapter 2.32 PLANNING COMMISSION
Sections:
2.32.010 Commission created—Membership.
A city planning commission is created. The city planning commission shall consist of five regular members
and one alternate member. Members of the planning commission shall be residents of the city.
(Ord 890 § 3, 2003: prior code § 18-1)
( Ord. No. 1137 , § 4, 4-10-19)
2.32.020 Terms of commission members.
Each person appointed to the planning commission shall be appointed for a term of four years or less. The
term of each planning commissioner shall expire on December 31st of the year that occurs no more than four
years after the date of the appointment. The terms of members of the council who serve as ex-official shall
correspond to their official tenure as council members.
(Ord. 890 § 4, 2003: prior code § 18-2)
2.32.030 Filling vacancies on commission.
If a vacancy shall occur in the planning commission otherwise than by expiration of a term, it shall be filled by
the alternate planning commissioner, unless the city council determines otherwise.
(Prior code § 18-3)
2.32.040 Compensation of commission.
The members of the planning commission shall not receive any compensation for their services unless the
city council shall, by resolution, provide otherwise.
(Prior code § 18-4)
2.32.050 Organization—Chairperson, chairperson pro tempore and secretary.
Immediately upon their appointment, the members shall organize the city planning commission, and shall
elect a chairperson and a chairperson pro tempore from among their membership. The terms of office for such
chairperson and chairperson pro tempore shall be for a one-year period. The city manager shall designate from
among the city staff, a secretary, who shall be compensated for such service in such amount, and in such manner
as the city council may, by resolution, from time to time designate.
(Prior code § 18-5)
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Created: 2021-07-26 20:55:24 [EST]
(Supp. No. 23)
Page 2 of 2
2.32.060 Commission meetings—Quorum—Absences.
A. The city planning commission shall meet twice each month on the first and third Wednesday of each month.
All meetings shall be held at the council chambers in the city hall and shall commence at six p.m. Special
meetings may be called at any time by the presiding officer of the planning commission, or by a majority of
the members of the commission by providing notice pursuant to Government Code § 54956. If an applicant
requests a special meeting, a meeting fee of three hundred fifty dollars ($350.00) shall be paid by the
applicant prior to the meeting to offset the cost of convening the special meeting.
B. Three members of the commission shall constitute a quorum for the transaction of business and a concurring
vote of three members shall be necessary to effectuate any action, decision, finding or order of the planning
commission unless a higher number of votes is required by statute. The office of any member who attends
less than seventy-five (75) percent of all meetings of the planning commission within any six-month period
shall require review by the city council. The city council expressly reserves the right to terminate the term of
any member of the planning commission when, in the discretion of the council, such termination will best
serve the interests of the city.
(Ord. 919 § 1, 2005: prior code § 18-6)
2.32.070 Alternate planning commissioner.
The alternate planning commissioner shall attend planning commission meetings as a nonvoting,
nonparticipating member. In the event of an absence of a regular planning commissioner, the alternate planning
commissioner shall sit with the commission as a voting, participating member.
(Prior code § 18-7)
2.32.080 Automatic referral to city council of actions by planning commission which waive,
vary, change, etc.—Requirements of nondiscretionary provisions of uniform codes.
A. The city council finds that nondiscretionary provisions of uniform codes adopted by the city and/or
nondiscretionary provisions of this code should not under normal circumstances be waived, varied, changed,
altered, increased or decreased with respect to the requirements thereof.
B. Should the planning commission undertake action which waives, varies, changes, alters, increases or
decreases any nondiscretionary provision of any uniform code adopted by the city or of any nondiscretionary
provision of this code, then, in that event, the city clerk shall put on the agenda such action by the planning
commission for consideration by the city council at the next scheduled city council meeting.
C. This provision shall not be construed in any way to limit or otherwise change the authority granted to the
planning commission as set forth in Title 17 of this code.
(Prior code § 18-8)
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Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.28 PLANNING COMMISSION
City of Calabasas, California, Code of Ordinances Created: 2021-10-29 10:51:37 [EST]
(Supp. No. 55)
Page 1 of 3
Chapter 2.28 PLANNING COMMISSION1
Sections:
2.28.010 Creation.
The planning commission of the City of Calabasas is established in accordance with the provisions of
Government Code Section 65100, et seq.
(Ord. 2005-207 § 1 (part), 2005)
( Ord. No. 2015-321, § 2 , 4-8-2015)
2.28.020 Membership.
A. The commission shall consist of five (5) members and one (1) alternate, who shall be lawful residents of the
city and electors during their respective terms of office. The city council shall appoint the alternate. The city
council may reappoint the alternate to an unlimited number of terms.
B. Commissioners nominated by individual councilmembers shall have a term lasting for the lesser of two (2)
years or until the expiration of the term of the councilmember who nominated him or her. The alternate
shall have a term lasting two (2) years. Notwithstanding the expiration of a term, a commissioner or
alternate shall continue until his or her successor has been appointed.
C. If a vacancy shall occur other than by expiration of a term, a new commissioner shall be appointed in the
manner as set forth above and shall serve the unexpired portion of the term.
D. The alternate may participate in deliberations, but shall not vote unless at least one (1) commissioner is
absent or abstains from a matter due to an actual or potential conflict of interest.
(Ord. 2006-215 § 1, 2006; Ord. 2005-207 § 1 (part), 2005)
(Ord. No. 2010-274, § 1, 4-28-2010; Ord. No. 2015-320, § 3 , 2-11-2015; Ord. No. 2015-321, § 2 , 4-8-2015))
2.28.030 Organization.
A. The commission shall elect a chair and a vice chair from among its members, each for a term of one (1) year,
at its first regular meeting of each year. No person shall serve more than two (2) successive terms in either
office. The chair, or in the absence of the chair, the vice chair, shall preside over the meetings of the
commission.
B. The commission may appoint standing or ad hoc subcommittees from its membership and, with the consent
of city council, may appoint advisory committees comprised of noncommissioners.
C. With the consent of the city council, the commission may adopt rules and regulations for the transactions of
its business.
1Prior ordinance history: Ords. 92-26, 95-92, 95-101 and 2002-174.
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(Supp. No. 55)
Page 2 of 3
D. The community development director, or such other person as is designated by the city manager to do so,
shall serve as secretary of the commission.
(Ord. 2005-207 § 1 (part), 2005)
( Ord. No. 2015-321, § 2 , 4-8-2015)
2.28.040 Duties.
The commission shall have the power and duty, except as otherwise provided by law, to:
A. Prepare and recommend to the city council a comprehensive long-term general plan and amendments
to that plan for the physical development of the city and of any land outside its boundaries which in
the commission's judgment bears relation to the city's planning;
B. Investigate and make recommendations to the city council regarding reasonable and practical means
for effectuating the General Plan to guide the orderly growth and development of the city, and as a
basis for the efficient expenditure of capital improvement funds relating to the subjects of the General
Plan;
C. Render an annual report to the city council on the status of the General Plan and progress in its
application consistently with Government Code Section 65400;
D. Review proposals for acquisition of property for street, park or other public purposes and report to the
city council regarding the conformity of such acquisitions with the General Plan as required by
Government Code Section 65402;
E. Make recommendations to the city council regarding the adoption and amendment of specific plans;
F. Hold public hearings on any proposed amendment to the city's zoning ordinance and render written
recommendations to the city council;
G. Hear and approve, conditionally approve or deny applications for conditional use, variances,
subdivisions or other permits and approvals provided by the zoning and subdivision ordinances of the
city, subject to appeal to the city council if and as authorized by this Code; and
H. Perform other functions as provided by state law, this Code, or city council direction.
(Ord. 2005-207 § 1 (part), 2005)
( Ord. No. 2015-321, § 2 , 4-8-2015)
2.28.050 Regular meetings.
Regular meetings of the commission shall be held on the second and fourth Thursday of each month, or the
next succeeding day which is not a holiday, at seven p.m., or at such other time as the commission may
recommend and the city council may establish by resolution.
(Ord. 2005-207 § 1 (part), 2005)
( Ord. No. 2015-321, § 2 , 4-8-2015)
G.9.c
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Created: 2021-10-29 10:51:37 [EST]
(Supp. No. 55)
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2.28.060 Reserved.
Editor's note(s)—Ord. No. 2015-321 , § 2 adopted April 8, 2015, repealed § 2.28.060, which pertained to absence
from meetings and derived from Ord. No. 2005-207, § 1(part), adopted in 2005.
2.28.070 Compensation and expenses.
Each commissioner shall receive compensation in the amount of fifty dollars ($50.00) for each commission
meeting attended or such other amount as may be established by resolution of the city council. No additional
compensation shall be paid to commissioners, but commissioners may receive reimbursement for actual and
necessary expenses incurred in connection with the performance of their duties. No expense of any kind shall be
incurred by the commission or any commissioner, unless first authorized and approved by the city council.
(Ord. 2005-207 § 1 (part), 2005)
( Ord. No. 2015-321, § 2 , 4-8-2015)
2.28.080 Appeal from commission decision.
A. Commission decisions from which an appeal may be taken under this Code become final at five p.m. on the
tenth business day after the decision unless, prior to that time, an appeal or call for review by the city council
is filed in writing in the office of the city clerk, as provided for in this Chapter 2.28 and by Chapter 17.74.
Nonappealable decisions are final when rendered.
B. Appeals. Appeals may be initiated by:
1. The applicant;
2. An owner of real property, any part of which is located within five hundred (500) feet of the external
boundaries of the subject property; or
3. An individual who or organization that presented written or oral testimony to the commission at a
public hearing on the matter from which the appeal is taken.
C. Call for Review. As an additional safeguard to avoid results inconsistent with the purposes of this Code, any
order, requirement, decision, determination, interpretation or ruling of the planning commission may be
called up for city council review upon the written request of any two (2) members of the city council. A call
for review for the purpose of waiving or reducing a fee is not an appropriate basis for making or granting a
call for review.
D. A timely appeal or call for review shall stay the decision and no permit may issue with respect to that
decision until the city council has acted on the matter.
E. The fee for an appeal of a commission decision shall be established from time to time by city council
resolution.
(Ord. 2005-207 § 1 (part), 2005)
(Ord. No. 2010-265, § 1, 1-27-2010; Ord. No. 2015-321, § 2 , 4-8-2015; Ord. No. 2016-334, § 1 , 4-13-2016)
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AGENDA REPORT
MEETING DATE: February 22, 2022 Council Item
TITLE: Direct Staff to Engage in Community Outreach and
Education Relating to a Proposed Ballot Measure to
Establish a Transit Occupancy Tax.
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Direct Staff to identify and engage resources necessary for
community outreach and voter education as it relates to this
matter.
2030 VISION STATEMENT:
This staff report supports City Council Goal # 3 ”Promote Economic Development” by
developing proactive programs to attract new business; Goal # 4 “Ensure Our Fiscal
Viability” by identifying sources of revenue; and Goal # 5 “Engage in Proactive
Communication” by assuring residents are fully informed of the issue.
BACKGROUND:
The City currently has a hotel under environmental review with the intent to recommend
approval before the end of the fiscal year, with construction anticipated in 2023. Hotels
traditionally provide revenue to their host cities via a Transit Occupancy Tax to offset
impacts relating to their unique type of use. The City does not currently have a Transit
Occupancy Tax.
DISCUSSION:
The City intends to place a measure on the November 8, 2022, Consolidated Statewide
Election ballot asking the voters to consider approval of an ordinance that would create
a section in the Grand Terrace Municipal Code establishing a Transient Occupancy Tax
of ten percent (10%).
A Transient Occupancy Tax is a revenue-generating mechanism routinely employed by
cities that host hotel properties. Every City in the region has a similar tax.
The City’s Transient Occupancy Tax will be collected from and paid only by those
persons staying at hotels for thirty days or less and is not paid by the City’s property
owners.
Tax rates range from 10% among our neighboring communities up to 14% in Los
Angeles and San Francisco.
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FISCAL IMPACT:
The revenues generated by the Transient Occupancy Tax are deposited in the City’s
General Fund and can be used for a variety of essential government services, such as
police, fire safety, recreation, park and road maintenance, and youth programs. As
such, this ballot measure is a “general tax” rather than a “special tax” and requires a
simple majority vote for adoption. Staff has estimated that if the proposed increased
Transient Occupancy Tax is adopted, the City will collect an additional $250,000 a year.
APPROVALS:
Konrad Bolowich Completed 02/16/2022 3:06 PM
City Manager Completed 02/16/2022 3:06 PM
City Council Pending 02/22/2022 6:00 PM
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● FEBRUARY 8, 2022
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
February 8, 2022
City Council Minutes
PowerPoint Presentations
CDBG FUNDING
RECOMMENDATIONS FOR THE
2022-2023 PROGRAM YEAR
CITY COUNCIL MEETING
FEBRUARY 8, 2022
2030 Vision Statement
Goal 4 –Develop and Implement Successful
Partnerships by
Working Collaboratively with Community
Groups and Private and Public Sector Agencies
to Facilitate the Delivery of Services Benefitting
Youth, Seniors & Our Community
CDBG PROGRAM
Benefit low-moderate income persons; eliminate
blight; meet an urgent need
4 Public Service projects can be funded
Expected Allocation = $60,140
Unprogrammed Funds Balance = $35,727
Only for construction projects
BACKGROUND –2021-2022 FUNDING
Priority Applicant Project RecommendationPublic Service
1 SB County –GT Library Literacy Education $10,000
2 Family Services
Association
Senior Nutrition $10,000
3 Family Services Association Senior Center Coordinator $39,329
Total $59,329
Unprogrammed Funds
2021-2022 $287
•Due to COVID-19 the City did not host a prioritization hearing
and programs and funds were assigned by the County.
2022-2023 ELIGIBLE APPLICATIONS
Applicant Project Funding Requested
SB County –GT Library Adult Literacy Program $10,000
Family Services Association Senior Nutrition $10,000
Family Services Association Senior Center Coordinator $50,000
Total Requested $70,000
Allocation $60,140
($9,860)
2022-2023 FUNDING RECOMMENDATIONS
Priority Applicant Project Funding Requested RecommendationPublic Service
1 SB County –GT
Library
Adult Literacy Program $10,000 $10,000
2 Family Services Association Senior Nutrition $10,000 $10,000
3 Family Services Association Senior Center Coordinator $50,000 $40,140
Total $60,140
RECOMMENDATION
Conduct a public hearing for the prioritization of
eligible applications for the 2022-2023
Community Development Block Grant (CDBG)
funding; and
Prioritize funding allocations and authorize staff to
submit the City's CDBG funding recommendation
to the County of San Bernardino Economic
Development Agency
CDBG FUNDING
RECOMMENDATIONS FOR THE
2022-2023 PROGRAM YEAR
CITY COUNCIL MEETING
FEBRUARY 8, 2022
Procedure for Filling a
City Council Vacancy
February 8, 2022
Consideration of a Procedure to Fill a City
Council Vacancy
This staff report supports City Council Goal #5, “Engage in Proactive
Communication” by allowing community input on potential procedures on
filling City Council vacancies.
On January 11, 2022, City Council discussed state law provisions regarding the
filling of a City Council seat by either a special election or appointment.
The City Council requested that I prepare draft guidelines to govern the
appointment process.
State Law Requirements
Government Code Section 36512 governs the vacancy filling
process. Two options are available to the City Council:
1.Appoint someone to fill the vacancy; or
2.Call a special election to fill the vacancy.
Action must occur within 60 days of the vacancy.
Authority to Create Own Appointment
Process
There is no process to fill a vacancy under state law. The City Council has
authority to establish its own process to determine how a vacancy can be
filled by appointment with three state law restrictions:
1.The appointment must be made within 60 days of the commencement
of the vacancy.
2.The term of the appointee must be compliance with Government Code
Section 36512.
3.The appointee must otherwise be eligible for holding office, including
compliance with age and residency requirements.
Proposed Schedule to Appoint
Initial Meeting. Within 7 days of the commencement of the vacancy, a
regular or special meeting of the City Council shall be scheduled for the
purposes of filling the vacancy and to provide direction to staff on seeking
applications from candidates to fill the vacancy or to provide such other
direction as may be appropriate.
First Meeting –Interview Selection: Within 15 days of holding the Initial
Meeting, a regular or special meeting of the City Council shall be scheduled
so that the City Council may consider and select potential candidates to be
interviewed.
Proposed Schedule to Appoint
Second Meeting –Candidate Interviews: Within 15 days of the First Meeting, a regular or special meeting of the City Council shall be scheduled so that the
City Council may interview potential candidates.
Third Meeting –Candidate Appointment: Within 15 days of the Second
Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may appoint an individual from the interviewed
candidates to fill the City Council vacancy.
Special Election: In the event that the City Council does not fill the vacancy by appointment, then a regular or special meeting of the City Council shall be
called prior to the 60th day from the commencement of the vacancy.
Proposed Selection Guidelines
The individual’s availability to serve as a Council Member in light of other commitments, such as a job.
The individual’s knowledge and experience with current City issues and governance.
The individual’s level of community engagement, such as participation in community organizations.
The individual’s level of civic engagement, such as participation on City committees, commissions, and boards.
The individual’s goals and objectives if appointed as a City Council member.
Whether the individual sought a seat on the City Council at the last regular election and, if so, the number of votes the individual received.
Proposed Resolution
If acceptable, recommendation is to adopt the proposed resolution with the
attached Guidelines.
Council may modify the Guidelines at any time in the future.
The Guidelines are not intended to be restrictive, but only to provide
guidance and a process to help structure the appointment process so the City
has something in place rather than trying to figure out something on the spot.
Questions?