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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 C.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 8 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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. C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 8 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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. C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 8 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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 C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 8 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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 C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 8 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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) C.3 Packet Pg. 11 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 C.3 Packet Pg. 12 MONTHLY REPORT December 2021 PRESENTED BY THE CITY MANAGER’S OFFICE C.3.a Packet Pg. 13 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) C.3.a Packet Pg. 14 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) i 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 C.3.a Packet Pg. 15 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 16 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH &LW\&OHUN¶V'HSDUWPHQW &LW\&OHUN x $JHQGD3URFHVVLQJ x (OHFWLRQV x 5HFRUGV0DQDJHPHQW x )33&)LOLQJV x 3XEOLF5HFRUGV 2 C.3.a Packet Pg. 17 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 3 C.3.a Packet Pg. 18 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 4 C.3.a Packet Pg. 19 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 5 C.3.a Packet Pg. 20 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 6 C.3.a Packet Pg. 21 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 7 C.3.a Packet Pg. 22 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH &LW\0DQDJHU¶V2IILFH &LW\0DQDJHU¶V2IILFH x &LW\0DQDJHU¶V2IILFH x +XPDQ5HVRXUFHV x 6HQLRU&HQWHU 8 C.3.a Packet Pg. 23 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 9 C.3.a Packet Pg. 24 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 10 C.3.a Packet Pg. 25 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 11 C.3.a Packet Pg. 26 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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.) 12 C.3.a Packet Pg. 27 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) Description *Jan -2022 *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. 13 C.3.a Packet Pg. 28 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 1 0 100 200 300 400 500 600 700 800 900 July August September October November December 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. 14 C.3.a Packet Pg. 29 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 15 C.3.a Packet Pg. 30 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 0 50 100 150 200 250 300 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 16 C.3.a Packet Pg. 31 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 32 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 18 C.3.a Packet Pg. 33 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 19 C.3.a Packet Pg. 34 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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: 20 C.3.a Packet Pg. 35 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 36 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 22 C.3.a Packet Pg. 37 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 23 C.3.a Packet Pg. 38 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH 3ODQQLQJDQG'HYHORSPHQW6HUYLFHV'HSDUWPHQW 3ODQQLQJ 'HYHORSPHQW x /DQG8VH3ODQQLQJ x 3ODQQLQJ&RPPLVVLRQ x %XLOGLQJ 6DIHW\ x &RGH(QIRUFHPHQW x (QIRUFHPHQW3URJUDP 24 C.3.a Packet Pg. 39 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 40 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 26 C.3.a Packet Pg. 41 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 27 C.3.a Packet Pg. 42 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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: 28 C.3.a Packet Pg. 43 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 29 C.3.a Packet Pg. 44 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 45 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 46 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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, 32 C.3.a Packet Pg. 47 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 33 C.3.a Packet Pg. 48 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 34 C.3.a Packet Pg. 49 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) Sign Application Date Submitted Case No. Applicant Description Location Status 10/22/2021 SGN 21-09 Marisol Chavarria Monument Sign 12420 Mt Vernon Approved 35 C.3.a Packet Pg. 50 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 36 C.3.a Packet Pg. 51 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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) 37 C.3.a Packet Pg. 52 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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) 38 C.3.a Packet Pg. 53 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 39 C.3.a Packet Pg. 54 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) Planning and Development Services Page 5 of 6 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 40 C.3.a Packet Pg. 55 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) Planning and Development Services Page 6 of 6 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 41 C.3.a Packet Pg. 56 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 42 C.3.a Packet Pg. 57 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 43 C.3.a Packet Pg. 58 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 44 C.3.a Packet Pg. 59 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 260 58 121 227 283 182 266 61 94 155 62 79# o f C i t a t i o n s 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 45 C.3.a Packet Pg. 60 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 46 C.3.a Packet Pg. 61 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 47 C.3.a Packet Pg. 62 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 48 C.3.a Packet Pg. 63 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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) 49 C.3.a Packet Pg. 64 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) $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 50 C.3.a Packet Pg. 65 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) &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 C.3.a Packet Pg. 66 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 52 C.3.a Packet Pg. 67 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 53 C.3.a Packet Pg. 68 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.3.a Packet Pg. 69 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 55 C.3.a Packet Pg. 70 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y 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 C.3.a Packet Pg. 71 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 57 C.3.a Packet Pg. 72 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) Sheriff’s Contract •Law Enforcement Services 58 C.3.a Packet Pg. 73 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 59 C.3.a Packet Pg. 74 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 60 C.3.a Packet Pg. 75 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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. 61 C.3.a Packet Pg. 76 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) San Bernardino County Fire 62 C.3.a Packet Pg. 77 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 63 C.3.a Packet Pg. 78 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - D e c e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - D e c e m b e r 2 0 2 1 ) 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 C.4 Packet Pg. 79 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 C.4 Packet Pg. 80 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 C.5 Packet Pg. 81 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 C.5 Packet Pg. 82 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 C.5.a Packet Pg. 83 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 2 of 7 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. C.5.a Packet Pg. 84 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 3 of 7 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. C.5.a Packet Pg. 85 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 4 of 7 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. C.5.a Packet Pg. 86 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 5 of 7 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. C.5.a Packet Pg. 87 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 6 of 7 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 C.5.a Packet Pg. 88 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) Revised 7/15/19 Page 7 of 7 Scott Runyan, Supervising Deputy County Counsel Date Date Date C.5.a Packet Pg. 89 At t a c h m e n t : C O N - S B C F P D - 1 0 2 6 2 1 - H H W C o n t r a c t w i t h C i t y o f G r a n d T e r r a c e F Y 2 2 - 2 7 ( H o u s e h o l d H a z a r d o u s W a s t e A g r e e m e n t ) 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. C.6 Packet Pg. 90 • 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 C.6 Packet Pg. 91 • 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: C.6 Packet Pg. 92 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 C.6 Packet Pg. 93 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. C.6.a Packet Pg. 94 At t a c h m e n t : C B R T M e a s u r e O p p o s i t i o n F a c t S h e e t ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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. C.6.a Packet Pg. 95 At t a c h m e n t : C B R T M e a s u r e O p p o s i t i o n F a c t S h e e t ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) CaliforniaCityFinance.Com 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 C.6.b Packet Pg. 96 At t a c h m e n t : C B R T F i s c a l A n a l y s i s ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) – 2 – rev January 7, 2022 CaliforniaCityFinance.com  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. C.6.b Packet Pg. 97 At t a c h m e n t : C B R T F i s c a l A n a l y s i s ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) – 3 – rev January 7, 2022 CaliforniaCityFinance.com 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. C.6.b Packet Pg. 98 At t a c h m e n t : C B R T F i s c a l A n a l y s i s ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) – 4 – rev January 7, 2022 CaliforniaCityFinance.com 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 C.6.b Packet Pg. 99 At t a c h m e n t : C B R T F i s c a l A n a l y s i s ( 1 - 1 1 - 2 2 ) ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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 Packet Pg. 100 At t a c h m e n t : L e g a l A n a l y s i s 0 1 - 2 0 - 2 2 A G F I N A L ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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 Packet Pg. 101 At t a c h m e n t : L e g a l A n a l y s i s 0 1 - 2 0 - 2 2 A G F I N A L ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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 Packet Pg. 102 At t a c h m e n t : 2 0 2 2 - x x - O p p o s e I n i t i a t i v e 2 1 - 0 0 4 2 A 1 ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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 Packet Pg. 103 At t a c h m e n t : 2 0 2 2 - x x - O p p o s e I n i t i a t i v e 2 1 - 0 0 4 2 A 1 ( B a l l o t M e a s u r e R e s t r i c t i n g V o t e r s ' I n p u t a n d L o c a l T a x i n g A u t h o r i t y ) 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 Packet Pg. 104 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 G.7 Packet Pg. 105 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. G.7.a Packet Pg. 106 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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. G.7.a Packet Pg. 107 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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. G.7.a Packet Pg. 108 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 G.7.a Packet Pg. 109 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 110 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 111 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 112 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 113 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 114 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 115 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 116 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 117 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 118 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 119 At t a c h m e n t : P e t t a P r o p e r t y G i f t - D o n a t i o n A g r e e m e n t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 120 At t a c h m e n t : G T R e s o l u t i o n - P e t t a P r o p e r t y G i f t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 Packet Pg. 121 At t a c h m e n t : G T R e s o l u t i o n - P e t t a P r o p e r t y G i f t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 01247.0001/761715.1 Exhibit A Form of Real Property Donation Agreement G.7.b Packet Pg. 122 At t a c h m e n t : G T R e s o l u t i o n - P e t t a P r o p e r t y G i f t ( A c c e p t a n c e o f D o n a t e d P r o p e r t y - A n n P e t t a ) 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 G.8 Packet Pg. 123 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 G.8 Packet Pg. 124 1 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 G.8.a Packet Pg. 125 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 2 1641569.1 ($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 G.8.a Packet Pg. 126 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 3 1641569.1 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 G.8.a Packet Pg. 127 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 4 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. G.8.a Packet Pg. 128 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 5 1641569.1 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. G.8.a Packet Pg. 129 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 6 1641569.1 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. G.8.a Packet Pg. 130 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 7 1641569.1 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. G.8.a Packet Pg. 131 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 8 1641569.1 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 Packet Pg. 132 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 9 1641569.1 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 Packet Pg. 133 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 10 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 Packet Pg. 134 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 11 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 G.8.a Packet Pg. 135 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 12 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 Packet Pg. 136 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 13 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 Packet Pg. 137 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 14 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 Packet Pg. 138 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 1 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 Packet Pg. 139 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 1 1641569.1 EXHIBIT “B” Map of the Property G.8.a Packet Pg. 140 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 1 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 G.8.a Packet Pg. 141 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 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 G.8.a Packet Pg. 142 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 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. G.8.a Packet Pg. 143 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 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: G.8.a Packet Pg. 144 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 1641569.1 EXHIBIT “B” TO GRANT DEED Map G.8.a Packet Pg. 145 At t a c h m e n t : B a r t o n R o a d - C i t y o f G r a n d T e r r a c e P S A A C S C i t y 1 1 . 2 4 . . 2 1 _ ( P u r c h a s e & S a l e A g r e e m e n t w i t h S B C T A ) 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 G.9 Packet Pg. 146 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: G.9 Packet Pg. 147 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 G.9 Packet Pg. 148 12/29/21, 11:36 AM Chapter 2.12 PLANNING COMMISSION https://www.codepublishing.com/CA/Dublin/#!/html/Dublin02/Dublin0212.html 1/4 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. G.9.a Packet Pg. 149 At t a c h m e n t : D u b l i n - C h a p t e r 2 . 1 2 P L A N N I N G C O M M I S S I O N ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 12/29/21, 11:36 AM Chapter 2.12 PLANNING COMMISSION https://www.codepublishing.com/CA/Dublin/#!/html/Dublin02/Dublin0212.html 2/4 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. G.9.a Packet Pg. 150 At t a c h m e n t : D u b l i n - C h a p t e r 2 . 1 2 P L A N N I N G C O M M I S S I O N ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 12/29/21, 11:36 AM Chapter 2.12 PLANNING COMMISSION https://www.codepublishing.com/CA/Dublin/#!/html/Dublin02/Dublin0212.html 3/4 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) G.9.a Packet Pg. 151 At t a c h m e n t : D u b l i n - C h a p t e r 2 . 1 2 P L A N N I N G C O M M I S S I O N ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 12/29/21, 11:36 AM Chapter 2.12 PLANNING COMMISSION https://www.codepublishing.com/CA/Dublin/#!/html/Dublin02/Dublin0212.html 4/4 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 G.9.a Packet Pg. 152 At t a c h m e n t : D u b l i n - C h a p t e r 2 . 1 2 P L A N N I N G C O M M I S S I O N ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 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) G.9.b Packet Pg. 153 At t a c h m e n t : C o a c h e l l a - C h a p t e r _ 2 . 3 2 _ _ _ P L A N N I N G _ C O M M I S S I O N ( 0 0 2 ) ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 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) G.9.b Packet Pg. 154 At t a c h m e n t : C o a c h e l l a - C h a p t e r _ 2 . 3 2 _ _ _ P L A N N I N G _ C O M M I S S I O N ( 0 0 2 ) ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 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. G.9.c Packet Pg. 155 At t a c h m e n t : C a l a b a s a s - C h a p t e r _ 2 . 2 8 _ _ _ P L A N N I N G _ C O M M I S S I O N ( 0 0 2 ) ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) Created: 2021-10-29 10:51:37 [EST] (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 Packet Pg. 156 At t a c h m e n t : C a l a b a s a s - C h a p t e r _ 2 . 2 8 _ _ _ P L A N N I N G _ C O M M I S S I O N ( 0 0 2 ) ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) Created: 2021-10-29 10:51:37 [EST] (Supp. No. 55) Page 3 of 3 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) G.9.c Packet Pg. 157 At t a c h m e n t : C a l a b a s a s - C h a p t e r _ 2 . 2 8 _ _ _ P L A N N I N G _ C O M M I S S I O N ( 0 0 2 ) ( P l a n n i n g C o m m i s s i o n A l t e r n a t e s ) 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. G.10 Packet Pg. 158 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 G.10 Packet Pg. 159 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?