06/13/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JUNE 13, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
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: 885 8429 0334
Password: 446288
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) 954-5207 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) 954-5207,
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) 954-5207 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 [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Sylvia Rodriguez-Robles
Council Member Jeff Allen
Council Member Kenneth J. Henderson
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 – 05/23/2023
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 3
3. Approval of the Apr-2023 Check Register in the Amount of $432,898.72
RECOMMENDATION:
Approve the Check Register No. 04302023 in the amount of $432,898.72 as submitted,
for the month ending April 30, 2023.
DEPARTMENT: FINANCE
4. Adoption of Resolutions Updating the Signature Authority for the City's Bank of America,
California Asset Management Program, LAIF, US Bank Safekeeping, Multiple Bank
Securities, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts
RECOMMENDATION:
Adopt the attached Resolutions updating the Signature Authority for the City’s Bank of
America, California Asset Management Program, LAIF, US Bank Safekeeping, Multiple
Bank Securities, Arrowhead Credit Union, MIDAmerica, and Empower Retirement
Accounts
DEPARTMENT: FINANCE
5. Commitment of Fund Balance for Fiscal Year 2022-2023 in Accordance with
Governmental Accounting Standards Board Statement No. 54 and City Reserves Policy
No. 3.06
RECOMMENDATION:
Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMITTING FUND BALANCE FOR FISCAL YEAR 2022-
23 IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS
BOARD STATEMENT 54 AND CITY RESERVES POLICY NO. 3.06
DEPARTMENT: FINANCE
6. Adopt a Resolution Prospectively Naming the Development of APN 0276-233-47-0000
in Honor of Ms. Angeline Petta And/Or the Family Trust of Anthony Petta and Angeline
Petta
RECOMMENDATION:
That the City Council adopt a Resolution Prospectively Naming the Development of
APN 0276-233-47-0000 in honor of Ms. Angeline Petta and/or the Family Trust of
Anthony Petta and Angeline Petta
DEPARTMENT: CITY MANAGER
7. Acceptance of Resignation by Parks & Recreation Advisory Committee Member Terry
Reagan and Authorization to Send Letter of Appreciation and Post a Notice of Vacancy
RECOMMENDATION:
Accept the Letter of Resignation of Parks & Recreation Advisory Committee Member
Terry Reagan, Direct the City Clerk to Prepare and Send a Letter of Appreciation on
Behalf of the City Council and Direct Staff to Post a Notice of Vacancy
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 4
8. Acceptance of the California Automated Permit Processing Program - CalAPP Grant
(APP-22-152) from the California Energy Commission in the Amount of $40,000
Directed to the City of Grand Terrace
RECOMMENDATION:
Approve acceptance of the California Automated Permit Processing Program - CalAPP
Grant issued by the California Energy Commission in the amount of $40,000.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
9. Independent Contractor Agreement for Fiscal Year 2023-24 with Family Services
Association for the Administration and Provision of a Senior Nutrition Program and
Senior Center Coordinator Services
RECOMMENDATION:
1. Approve the Independent Contractor Agreement for Fiscal Year 2023-24 with Family
Services Association (“FSA”) for the administration and provision of a Senior
Nutrition Program and Senior Center Coordinator services at the Senior Center as
described therein, in a total contract sum not to exceed $46,020.
2. Authorize the City Manager to execute the Agreement subject to the City Attorney’s
approval as to form.
DEPARTMENT: PUBLIC WORKS
10. Thirtieth Amendment to Law Enforcement Services Contract No. 94-797 with the
County of San Bernardino to Provide Law Enforcement Services for Fiscal Year 2023-
24 to the City of Grand Terrace
RECOMMENDATION:
1. Approve the Thirtieth Amendment to Law Enforcement Services Contract No. 94-
797 with the County of San Bernardino to provide Law Enforcement Services from
the Sheriffs’ Department for Fiscal Year 2023-24; and
2. Authorize the City Manager to execute the contract, subject to City Attorney’s
approval as to form.
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
Agenda Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 5
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
11. Allow Expansion of Membership to the Historical & Cultural Activities Committee to the
Surrounding Cities
RECOMMENDATION:
That the City Council allow its Historical & Cultural Activities Committee members to
assist in recruiting community members from the surrounding cities to increase its
membership.
DEPARTMENT: CITY CLERK
12. First Reading of an Ordinance Amending Municipal Code 15.18.010 - Adoption of the
California Fire Code
RECOMMENDATION:
Introduce for first reading with further reading waived AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE AS AMENDED BY SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 23-01 AND
REPEALING AND REPLACING GRAND TERRACE MUNICIPAL CODE CHAPTER
15.18 IN ITS ENTIRETY TO INCORPORATE THE NEW CODE AS AMENDED
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic
Plan, if a City Council Member is interested in a task or project that will require more
than one hour of staff time to complete, the item will be agendized to ask the City
Council if time should be spent on preparing a report on the proposed item. In
accordance with this policy, this is the opportunity for City Council Members to request
that an item be placed on a future agenda and authorize staff to prepare an agenda
report. To ensure compliance with the Brown Act, the request shall be submitted to the
City Manager at least one week in advance of the meeting so that the topic can be
included on the agenda under this section. In order for any listed item to be placed on a
future agenda, the City Council must act by formal motion (i.e., requires a motion and a
second) to direct the City Manager to place the item on a future agenda. Pursuant to the
requirements of the Brown Act, no other items may be considered other than those
listed below.
Agenda Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 6
1. Consider Re-Naming the City's Dog Park after Grand Terrace resident, Anne Wade-
Hornsby
Requested by: Council Member Jeff Allen
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Council Member Sylvia Robles
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. CLOSED SESSION - NONE
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 27, 2023, 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 ● MAY 23, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday, May
23, 2023, at 6:30 p.m.
Invocation
The Invocation was led by Pastor Pat Bowers with the Brook Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Doug Wilson.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Rodriguez-Robles Council Member Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Major Isaias Beck Braga accepted the City of Grand Terrace Certificate of Recognition
on behalf of the Salvation Army.
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 2
Daylene Median and Maggie Balderas gave the PowerPoint presentation regarding their
Grand Terrace Community Advocacy Project.
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Special Meeting Workshop – 05/09/2023
APPROVAL OF THE SPECIAL MEETING WORKSHOP MINUTES FOR MAY 9, 2023.
3. Approval of Minutes – Regular Meeting – 05/09/2023
APPROVAL OF THE REGULAR MEETING MINUTES FOR MAY 9, 2023
4. Approval of Annual Appropriations Limit for Fiscal Year 2023-24, Including Adoption of
the Price Factor and Population Change Factor for the Appropriations Limit Calculation
(1) APPROVE THE SELECTION OF THE CHANGE IN PER CAPITA PERSONAL
INCOME OF 4.44% AS THE PRICE FACTOR FOR THE FISCAL YEAR 2023-24
APPROPRIATIONS LIMIT CALCULATION; AND
(2) APPROVE THE SELECTION OF THE CHANGE IN COUNTY OF SAN
BERNARDINO POPULATION OF 0.12% AS THE POPULATION CHANGE
FACTOR FOR THE FISCAL YEAR 2023-2024 APPROPRIATIONS LIMIT
CALCULATION; AND
(3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2023-24, INCLUDING ADOPTION OF THE PRICE FACTOR AND
POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS LIMIT
CALCULATION
5. Approval of an Agreement with San Bernardino County for the Allocation of Opioid
Settlement Funds
APPROVE ALLOCATION AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO, ALLOCATING THE CITY’S PORTION OF THE OPIOID
SETTLEMENT FUNDS TO THE COUNTY
6. Authorize Purchase Order for Replacement Street Signs
1. AUTHORIZE THE EXPENDITURE OF $11,038.13 FROM ARPA FUND (FUND 94)
FOR THE PURCHASE OF REPLACEMENT OF CITY STREET SIGNS
2. AUTHORIZE THE CITY MANAGER TO EXECUTE A PURCHASE ORDER, AND
ALL NECESSARY FUTURE PURCHASE ORDERS UP TO THE REMAINING
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 3
$93,253 AS APPROVED AT THE REGULAR MEETING OF THE CITY COUNCIL
ON APRIL 26, 2022 TO PROCURE CITY STREET SIGNS
7. Approve an Amended and Restated Agreement No. 2 with Lynn Merrill and Associates
1. APPROVE AN AMENDED AND RESTATED AGREEMENT NO. 2 WITH LYNN
MERRILL AND ASSOCIATES, INC. TO EXTEND THE CONTRACT END DATE
FROM JUNE 1, 2023, TO JUNE 30, 2024 AT NO ADDITIONAL COST
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDED AND
RESTATED AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO
FORM
Agenda Item No. 8 was pulled for discussion by Council Member Kenneth
Henderson
8. An Agreement Between the City of Grand Terrace and Michael Baker International -
Housing Element Consultant Services to Complete the 2021-2029 HCD Response to
Comments and Obtain an Adopted Housing Element
1. APPROVE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL FOR HOUSING
ELEMENT CONSULTANT SERVICES FOR THE 2021-2029 HOUSING ELEMENT
RESPONSE TO HCD COMMENTS AND HOUSING ELEMENT ADOPTION IN THE
AMOUNT OF $40,250.00 WITH A 10% CONTINGENCY OF $4,025.00;
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT
TO THE CITY ATTORNEY'S APPROVAL AS TO FORM; AND
3. AUTHORIZE THE APPROPRIATION OF THE FOLLOWING FUNDING SOURCES:
LOCAL EARLY ACTION PLANNING (LEAP) GRANT OF $20,000.00 AND
GENERAL FUND OF $20,250.00.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
D. PUBLIC COMMENT
Robert Sanchez, Grand Terrace commented on the need for Mt. Vernon street repairs,
speeding on Grand Terrace Road, and RV parking in residential front yards.
Bobbie Forbes, Grand Terrace commented on the numerous trucks traveling in her
neighborhood and after-hours movement.
E. PUBLIC HEARINGS - NONE
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 4
F. UNFINISHED BUSINESS
9. Adoption of the FY2023-24 Proposed Budget
Council Member Henderson announced a point of order. He moved, with a second from
Council Member Rodriguez-Robles, that the item be continued to a date certain so that
the item can be published as a public hearing for more public participation.
Mayor Pro Tem Wilson submitted an alternate motion moving, with a second from
Council Member Allen, that the item proceeds on tonight’s agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Doug Wilson, Sylvia Rodriguez-Robles, Jeff Allen
NOES: Kenneth J. Henderson
Christine Clayton, Finance Director gave the staff report and PowerPoint presentation
for this item.
PUBLIC COMMENT
None.
1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR FISCAL
YEAR 2023-2024.
G. NEW BUSINESS
10. Approve the Re-Location of the Trash Enclosure at Veterans Freedom Park and
Approve an Agreement with Martin Lucio for Demolition and Construction of a New
Trash Enclosure and Authorize the City Manager to Execute the Agreement Subject to
City Attorney Approval as to Form.
Luis Gardea, Building Official gave the staff report and PowerPoint presentation for this
item.
PUBLIC COMMENT
Robert Sanchez, Grand Terrace expressed his opposition to the project.
1. APPROVE THE RE-LOCATION OF THE TRASH ENCLOSURE AT VETERANS
FREEDOM PARK
2. APPROVE AN AGREEMENT WITH MARTIN LUCIO (CSLB# 1031403) FOR
CONSTRUCTION OF A NEW TRASH ENCLOSURE AT VETERANS FREEDOM
PARK IN THE AMOUNT OF $33,000 WITH A 10% CONTINGENCY ($3,300).
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 5
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT
TO CITY ATTORNEY APPROVAL AS TO FORM.
RESULT: APPROVED [3 TO 2]
MOVER: Bill Hussey, Mayor
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Bill Hussey, Doug Wilson, Jeff Allen
NAYS: Sylvia Rodriguez-Robles, Kenneth J. Henderson
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Motion: Good Landlord Rental Program Discussion
Requested by: Council Member Jeff Allen
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Bill Hussey, Mayor
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
2. Motion: Retroactive Requirement to Secure all Trash Enclosures Throughout the City
Requested by: Council Member Jeff Allen
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Nothing to Report.
Council Member Jeff Allen
Council Member Jeff Allen commented on board meetings and events that he attended.
Click here for the report.
Council Member Sylvia Robles
Council Member Sylvia Rodriguez-Robles commented on board meetings and events
that she attended. Click here for the report.
Mayor Pro Tempore Doug Wilson
Nothing to Report.
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 6
Mayor Bill Hussey
Mayor Bill Hussey commented on board meetings and events that he attended. Click
here for the report.
J. CITY MANAGER COMMUNICATIONS
SBC SHERIFF’S REPORT
Lieutenant Bryan Lane appreciated the City’s recognition of sheriff’s staff at the
employee recognition luncheon. He also announced that on May 25, 2023, the Grand
Terrace High School Senior parade will be conducted between the hours of 5:00 pm
and 7:30 pm. The starting point of the parade and those streets impacted will be
DeBerry Street, Mt. Vernon, and then Main Street.
Lieutenant Lane also announced that National Night Out is scheduled for August 1,
2023, and the sheriff’s department will be partnering with the city on hosting the event.
The location is still yet to be determined.
CITY MANAGER’S COMMUNICATIONS
On May 18, 2023, Konrad Bolowich, City Manager attended the San Bernardino County
Transportation Authority’s 2023 City/County Council and attended the following
discussion:
• Chris Thornberg’s Economic Update
o No Recession Expected
o Positive Employment Picture
o With the nationwide stimulus, savings are high, and people are living off
their savings
o San Bernardino is the 8th largest County in the United States
o Wages in the Inland Empire are surprisingly higher for those without
degrees versus those in LA and Orange Counties.
Paving projects are moving forward in the city over the next two to three weeks:
The Council Chamber lighting is being replaced.
The community room flooring is being replaced.
K. RECESS TO CLOSED SESSION
At 8:25 p.m., Mayor Hussey recessed the regular meeting of the City Council to closed
session.
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Minutes Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 7
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
At 8:45 p.m., Mayor Hussey reconvened the regular meeting of the City Council from
closed session.
REPORT OUT OF CLOSED SESSION
Adrian Guerra, City Attorney announced there was a discussion and an update provided
to the City Council, however, there was no reportable action.
L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council at 8:45 p.m. The Next
Regular City Council meeting will be held on Tuesday, June 13, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Approval of the Apr-2023 Check Register in the Amount of
$432,898.72
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Check Register No. 04302023 in the amount of
$432,898.72 as submitted, for the month ending April 30,
2023.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations, and operational costs.
BACKGROUND:
The check register for the month of April-2023 has been prepared in accordance with
Government Code §37202 and is hereby submitted for City Council’s approval.
The check register lists all vendor payments for the respective month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. The check registers list all payments made to vendors
and employee reimbursements during the month of April-2023.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and Grand
Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts
(Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
DISCUSSION:
CHECK REGISTER
A total of $432,898.72 in accounts payable checks and/or wires were issued during the
period for services, reimbursements, supplies, and contracts and are detailed in the
individual monthly register.
Below is a table that lists payments larger than $10,000 for the month of April-2023.
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Payments larger than $10,000:
Check No. Payee Description Amount
79966 ALESHIRE & WYNDER LLP FEB 2023 LEGAL SERVICES $14,244.36
79989 PHOENIX MOTORCARS LEASING DOWN PYMT ON ELECTRIC BUS $50,990.00
80028 SB COUNTY SHERIFF APR 2023 LAW ENFORCEMENT
SERVICES $192,166.00
80035 WEST COAST ARBORISTS MAR 2023 CITYWIDE TREE MAINT $17,516.00
3692560 SO CAL EDISON MAR 2022 ENERGY USAGE $14,134.23
17145924 CA PUB EMPLOYEES RETIRE APR 2023 PERS HEALTH
INSURANCE $22,521.87
474160351 US BANK MAR-APR 2023 CAL CARD CHARGES $31,264.38
TOTAL PAYMENTS LARGER THAN $10,000 $342,836.84
PAYROLL
Payroll costs for the month:
Pay Per. Period Start Period End Pay Date Amount
APR-23
20 From 03/18/2023 to 03/31/2023 04/06/2023 $53,854.24
21 From 04/01/2023 to 04/14/2023 04/20/2023 $53,551.91
$107,406.15
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the approved
budget for Fiscal Year 2022-23 in the amount of:
Description Amount
APR-23
Check Register $432,898.72
Payroll $107,406.15
$540,304.87
ATTACHMENTS:
• FY2022-23 Check Register Account Index 01122023 (PDF)
• April Check Register (PDF)
C.3
Packet Pg. 15
APPROVALS:
Christine Clayton Completed 05/18/2023 8:29 AM
Finance Completed 05/18/2023 8:29 AM
City Manager Completed 06/08/2023 9:47 AM
City Council Pending 06/13/2023 6:00 PM
C.3
Packet Pg. 16
CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
City of Grand Terrace Check Register Index
Kenneth Henderson, Council Member
C.3.a
Packet Pg. 17
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Fund Dept Acct
No.Fund Name No.Department Cost Center No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING
19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT
36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT
45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES
46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES
47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE
48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING
49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES
50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS
52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS
61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES
62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING
63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS
64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE
65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES
66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE
67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION
68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM.
69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS
70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT
73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS
74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS
75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT
76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER
77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES
90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION
95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
C.3.a
Packet Pg. 18
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending April 30, 2023
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Jeff Allen, Council Member
Kenneth Henderson, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.3.b
Packet Pg. 19
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Invoice #
21800 BARTON RD
SUNNY DAYS LLC
CITY REAL PROPERTY
CODE ENFORCEMENT
E 10-160-250-000-000 408.00
408.00
E 10-160-250-000-000 455.00
455.00
74691 FEB 2023 LEGAL SERVICES - FINANCE 03/29/2023
E 10-160-250-000-000 963.50
963.50
74692 FEB 2023 LEGAL SERVICES - 03/29/2023
E 10-160-250-000-000 1,802.50
1,802.50
74694 FEB 2023 LEGAL SERVICES - 03/29/2023
B 10-015-61-00 2,488.36
2,488.36
74690 FEB 2023 LEGAL SERVICES - PLANNING 03/29/2023
E 10-160-250-000-000 3,202.50
3,202.50
74695 FEB 2023 LEGAL SERVICES - 03/29/2023
E 10-160-250-100-000 4,884.50
4,884.50
74688 FEB 2023 LEGAL SERVICES - GENERAL 03/29/2023
E 10-187-256-020-000 3,285.00
3,285.00
3,285.00
79966 04/06/2023 ALESHIRE AND WYNDER LLP 74689 FEB 2023 LEGAL SERVICES - LITIGATION 03/29/2023
E 10-190-235-000-000 1,321.69
1,321.69
1,321.69
79965 04/06/2023 SERVICES AAA CRIME SCENE CLEANUP 32923 HOMELESS ENCAMPMENT CLEANUP AT 03/29/2023
Inv. Date Amount Paid Check Total
79964 04/06/2023 8X8 INC 3795375 APR 2023 SERVICE CHARGE FOR (46) POLYCOM VVX 450 PHONES04/01/2023
Check #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
C.3.b
Packet Pg. 20
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
(5) YARD SALE SIGNS
COUNCIL & PLANNING COMM
(3) YARD SALE SIGNS
TROUBLESHOOT AND RESET
ARCHITECTURAL
E 10-125-230-000-000 133.20
133.20
632.70
B 23-515-05-00 499.50
499.50
1863 GT 03.23.23 CITY ORD. NO. 348 03/20/2023
E 10-195-246-000-000 144.00
144.00
144.00
79971 04/06/2023 CITY NEWSPAPER GROUP 1340 GT 02.02.23 PUBLIC HEARING SITE AND 01/31/2023
B 23-515-22-00 30.00
30.00
30.00
79970 04/06/2023 CHAMPION FIRE SYSTEMS INC 66368 FY2022-23 Q3 CITY HALL ALARM 03/26/2023
E 67-380-250-000-000 1,260.00
1,260.00
1,260.00
79969 04/06/2023 ROSE BRANDON 04032023 REFUND YARD SALE SIGN DEPOSIT FOR 04/03/2023
B 23-515-22-00 50.00
50.00
50.00
79968 04/06/2023 BENSON PRODUCTIONS 1596 MAR 2023 - AUDIO/VISUAL SVCS FOR CITY 03/15/2023
E 10-160-250-100-000 40.00
40.00
14,244.36
79967 04/06/2023 EDDIE BARRIOS 03282023 REFUND YARD SALE SIGN DEPOSIT FOR 03/28/2023
74693 FEB 2023 LEGAL SERVICES - REFUSE 03/29/2023
C.3.b
Packet Pg. 21
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
MAIN ST AND MICHIGAN ST
23150 PALM AVE
FEES
(2) YARD SALE SIGNS
B 23-515-22-00 20.00
20.00
20.00
E 10-140-250-000-000 165.00
165.00
165.00
79978 04/06/2023 VIVIAN HERNANDEZ 04032023 REFUND YARD SALE SIGN DEPOSIT FOR 04/03/2023
E 10-450-245-000-000 68.23
68.23
68.23
79977 04/06/2023 HDL SOFTWARE LLC SIN026660 FEB 2023 BUSINESS LICENSE PROCESSING 02/28/2023
E 20-100-255-000-000 400.00
400.00
400.00
79976 04/06/2023 FRUIT GROWERS SUPPLY 92370778 FERTILIZER FOR DOG PARK 03/22/2023
B 10-022-71-00 82.29
82.29
82.29
79975 04/06/2023 EZ SUNNYDAY LANDSCAPE 4543 PINE BRANCH REMOVAL FROM 03/28/2023
E 10-195-245-000-000 246.23
246.23
246.23
79974 04/06/2023 EYEMED FIDELITY SECURITY LIFE 165715149 APR 2023 EMPLOYEE PAID VISION INSURANCE 03/21/2023
E 10-185-255-000-000 468.36
468.36
468.36
79973 04/06/2023 COUNTY OF RIVERSIDE TLMA ADM TL0000016792 FEB 2023 TRAFFIC SIGNAL MONITORING AT 03/29/2023
79972 04/06/2023 COUNTY OF RIVERSIDE AN0000002667 FEB 2023 ANIMAL SHELTERING SERVICES 03/14/2023
C.3.b
Packet Pg. 22
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
AUDIT SERVICES
(3) YARD SALE SIGNS
& CULTURAL ACTIVITIES ART SHOW
35049
RICHARD ROLLINS PARK
E 49-445-700-000-000 4,700.98
4,700.98
4,700.98
B 10-022-68-00 219.81
219.81
455.80
79984 04/06/2023 MOST DEPENDABLE FOUNTAINS INC INV72021 WATER BOTTLE FILLER STATION FOR 03/09/2023
B 10-022-68-00 235.99
235.99
PAYDATE 03232023 ARSPAYDATE 03232023 ARS RETIREMENT 03/23/2023
E 10-190-212-000-000 258.60
258.60
258.60
79983 04/06/2023 MIDAMERICA ADMIN RETIREMENT PAYDATE 03092023 ARSPAYDATE 03092023 ARS RETIREMENT 03/09/2023
52.80
572.66
79982 04/06/2023 KONICA MINOLTA 42036601 MAR-APR 2023 RENT FOR (2) PHOTOCOPIERS 03/22/2023
E 10-120-220-000-000 519.86
519.86
BUSINESS CARDS - MAYOR BILL HUSSEY 03/19/2023
E 10-110-210-000-000 52.80
B 23-515-22-00 30.00
30.00
30.00
79981 04/06/2023 INLAND BUSINESS FORMS 35065 POSTERS AND BANNER FOR 2023 HISTORICAL 03/29/2023
E 10-140-250-000-000 1,373.62
1,373.62
1,373.62
79980 04/06/2023 EILEEN HODDER 03282023 REFUND YARD SALE SIGN DEPOSIT FOR 03/28/2023
79979 04/06/2023 HINDERLITER DE LLAMAS ASSOC SIN026462 JAN-MAR 2023 SALES TAX & 03/30/2023
C.3.b
Packet Pg. 23
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
(5) YARD SALE SIGNS
SERVER SECURITY
(2) YARD SALE SIGNS
20% DOWN PAYMENT
PARCEL MAP
E 10-370-210-000-000 10.00
10.00
10.00
E 10-190-211-000-000 785.90
785.90
785.90
79991 04/06/2023 SB COUNTY ASSESSOR 109113 MAR 2023 MONTHLY ASSESSOR 03/06/2023
E 65-425-700-001-000 50,990.00
50,990.00
50,990.00
79990 04/06/2023 QUADIENT LEASING USA INC N9885443 FEB-MAY23 POSTAGE METER LEASE 04/01/2023
B 23-515-22-00 20.00
20.00
20.00
79989 04/06/2023 PHOENIX MOTORCARS LEASING LLC SA-QS-776-V2 NEW ELECTRIC BUS FOR SENIORS -03/06/2023
E 10-140-255-000-000 515.81
515.81
515.81
79988 04/06/2023 ROBERT PENDERGRAFT 03282023 REFUND YARD SALE SIGN DEPOSIT FOR 03/28/2023
E 10-380-250-000-000 4,424.00
4,424.00
4,424.00
79987 04/06/2023 PAY PLUS SOLUTIONS INC 30596 APR 2023 CALPERS INSIGHT E-TOOLS PAY 04/01/2023
B 23-515-22-00 50.00
50.00
50.00
79986 04/06/2023 ON SITE COMPUTING 53009362 APR 2023 IT SERVICES - ADDITIONAL 03/21/2023
79985 04/06/2023 BYNETTE MOTE 04032023 REFUND YARD SALE SIGN DEPOSIT FOR 04/03/2023
C.3.b
Packet Pg. 24
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
CITY HALL SERVER ROOM
CITY HALL & SENIOR CENTER
GRIFFIN PARK
431532635
TJ AUSTIN PARK
CITY HALL
107.00
111.40
431530543 MAR 2023 GOPHER CONTROL FOR DOG PARK 03/24/2023
E 10-450-245-000-000 107.00
122.00
431502490 MAR 2023 PEST CONTROL SVCS FOR 03/23/2023
E 10-195-245-000-000 111.40
152.00
431502520 MAR 2023 GOPHER CONTROL FOR CITY HALL 03/23/2023
E 10-195-245-000-000 122.00
E 10-450-245-000-000 157.00
157.00
MAR 2023 GOPHER CONTROL FOR 03/24/2023
E 10-450-245-000-000 152.00
79995 04/06/2023 TERMINIX 431532607 MAR 2023 GOPHER CONTROL FOR 03/24/2023
E 10-190-238-000-000 258.02
E 10-805-238-000-000 133.58
391.60
391.60
E 10-195-245-000-000 498.98
498.98
498.98
79994 04/06/2023 SPARKLETTS 9637116 040123 MAR2023 BOTTLED WATER SERVICES FOR 04/01/2023
E 10-450-245-000-000 68.10
68.10
68.10
79993 04/06/2023 SO CAL LOCKSMITH 64276 NEW CYLINDERS AND KEYS FOR 03/24/2023
79992 04/06/2023 SITEONE LANDSCAPE SUPPLY 127829834-001 SEED BLEND FOR DOG PARK 03/22/2023
C.3.b
Packet Pg. 25
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
RICHARD ROLLINS PARK
SUBSCRIPTION
MAINTENANCE FEE
E 10-190-235-000-000 190.05
190.05
190.05
E 16-900-220-000-000 45.00
45.00
45.00
80000 04/06/2023 VERIZON WIRELESS 9930919719 ALPR CARD LINE CHARGES FEB-MAR 2023 03/23/2023
E 10-805-238-000-000 99.99
99.99
544.27
79999 04/06/2023 UNDERGROUND SERVICE ALERT 320230312 APR 2023 MONTHLY DATABASE 04/01/2023
E 10-190-238-000-000 114.30
114.30
0153825032323 SR CENTER INTERNET - HSD3 - MAR-APR 2023 03/23/2023
E 10-190-238-000-000 329.98
329.98
0197046031623 CITY HALL CABLE - MAR-APR 2023 03/16/2023
E 10-370-265-000-000 82.00
82.00
82.00
79998 04/06/2023 TIME WARNER CABLE 0228510032523 CITY HALL INTERNET - MAR-APR 2023 03/25/2023
R 10-200-15 27.00
27.00
27.00
79997 04/06/2023 THOMSON REUTERS WEST 848032952 MAR 2023 QUINLAN ZONING BULLETIN 03/04/2023
77.00
726.40
79996 04/06/2023 STEPHEN THOMAS 03282023 REFUND DUPLICATE DOG LICENSE PAYMENT 03/28/2023
431502569 MAR 2023 GOPHER CONTROL FOR 03/23/2023
E 10-450-245-000-000 77.00
C.3.b
Packet Pg. 26
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
(5) YARD SALE SIGNS
REMOTEPC SUBSCRIPTION
JAN 2023 - MAR 2023
R 10-700-01 -5.18
B 23-200-21-00 103.69
98.51
98.51
E 10-808-235-000-000 533.40
3,050.54
3,050.54
80005 04/18/2023 CA STATE DEPT OF CONSERVATION SMIP2023-3Q-03 2022-23 SMIP 3RD QUARTER 03/15/2023
E 10-190-235-000-000 1,721.87
E 10-450-235-000-000 277.72
E 10-805-235-000-000 517.55
E 10-140-210-000-000 299.50
299.50
299.50
80004 04/18/2023 AT AND T APR2023 AT&T APR2023 AT&T 04/01/2023
E 10-140-241-000-000 174.00
174.00
536.00
80003 04/18/2023 ARROWHEAD CREDIT UNION MAR2023 VISA MAR-APR 2023 VISA CHARGE FOR ANNUAL 04/02/2023
E 10-140-241-000-000 362.00
362.00
05/01/2023 - B15 MAY RENT FOR UNIT B15 04/17/2023
B 23-515-22-00 50.00
50.00
50.00
80002 04/18/2023 A STORAGE PLACE 05/01/2023 - B3334MAY RENT FOR UNIT B3334 04/17/2023
80001 04/06/2023 VIRGINIA ZARAGOZA 04032023 REFUND YARD SALE SIGN DEPOSIT FOR 04/03/2023
C.3.b
Packet Pg. 27
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
INVOICE FOR FEB 2023
(5) YARD SALE SIGNS
PALM AND LITTON
NAT'L TITLE, ADRIAN GUERRA, AND CITY HALL
(3) YARD SALE SIGNS
B 23-515-22-00 30.00
30.00
30.00
E 10-190-211-000-000 225.74
225.74
225.74
80010 04/18/2023 DIANA FONSECA 04142023 REFUND YARD SALE SIGN DEPOSIT FOR 04/14/2023
E 10-187-257-000-000 350.00
350.00
350.00
80009 04/18/2023 FEDEX 8-100-39603 MAILING DOCUMENTS TO FIDELITY 04/13/2023
B 23-515-22-00 50.00
50.00
50.00
80008 04/18/2023 EZ SUNNYDAY LANDSCAPE 4556 WEED ABATEMENT ON LA CADENA BETWEEN 04/11/2023
E 10-140-255-000-000 9.38
9.38
656.51
80007 04/18/2023 HANNAH DETWILER 04142023 REFUND YARD SALE SIGN DEPOSIT FOR 04/14/2023
E 10-140-255-000-000 140.88
140.88
146838 GT STREET SWEEPING INVOICE FOR DEC 2022 01/31/2023
E 10-185-255-000-000 506.25
506.25
149184 GT STREET SWEEPING INVOICE FOR FEB 2023 03/31/2023
80006 04/18/2023 DATA TICKET INC 148829 GT CODE ENFORCEMENT PROCESSING 03/31/2023
C.3.b
Packet Pg. 28
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
GLASSES FOR MAINT CREW
FOR KENNETH HENDERSON
SUPPLIES FOR PARKS, SUPPLIES FOR STREET SIGNS
SIGN INSTALLATION
DUCT TAPE, SCREWDRIVER SET
SIGN INSTALLATION
FRESHENER, SPRAY PAINT, TOW STRAPS, LOCK HINGE
101.43
E 10-175-218-000-000 78.10
E 10-175-272-000-000 18.18
E 10-450-245-000-000 5.15
E 94-175-229-000-000 122.52
122.52
4275756 RAGS, AIR DUSTER, GLOVES, AIR 03/09/2023
E 10-175-246-000-000 38.04
143.45
6900962/ CM 6901004LARGE CORE DRILL RENTAL FOR STREET 03/07/2023
157.11
3272976 WHEEL FOR WHEELBARROW, SPRAY PAINT, 02/28/2023
E 10-175-218-000-000 105.41
231.48
33415 IMPACT DRIVER AND BIT FOR STREET 03/23/2023
E 94-175-229-000-000 157.11
E 10-175-218-000-000 89.04
E 10-450-245-000-000 29.82
E 94-175-229-000-000 112.62
E 10-110-142-000-000 1,792.50
1,792.50
1,792.50
80013 04/18/2023 HOME DEPOT CREDIT SERVICE 7041276/ CM 6200881TOOLS FOR MAINT SHOP, TOOLS AND 03/16/2023
E 10-175-218-000-000 47.42
47.42
47.42
80012 04/18/2023 KENNETH J HENDERSON FEB-APR2023-KH HLTHFEB-APR2023 HEALTH REIMBURSEMENT 04/17/2023
80011 04/18/2023 GRAINGER 9664585925 AEROSOL, BIT SET, AND SAFETY 04/05/2023
C.3.b
Packet Pg. 29
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
BLUE MOUNTAIN HIKE 2023
PHOTOCOPIER SERVICES
REIMBURSEMENT FOR 2023 EASTER EGG HUNT
E 61-461-100-000-000 2,000.00
2,000.00
E 10-190-212-000-000 26.64
26.64
26.64
80018 04/18/2023 LIVING WORD INLAND EMPIRE 62 2023 COMMUNITY BENEFIT FUND 04/08/2023
E 10-190-212-000-000 395.02
395.02
395.02
80017 04/18/2023 KONICA MINOLTA BUS. SOLUTIONS 286338598 03/20/2023-03/31/2023 CITYWIDE 03/31/2023
E 10-185-210-000-000 52.80
52.80
52.80
80016 04/18/2023 KONICA MINOLTA 42089806 APR-MAY 2023 RENT FOR (2) PHOTOCOPIERS 04/02/2023
E 10-110-142-000-000 305.08
305.08
305.08
80015 04/18/2023 INLAND BUSINESS FORMS 35081 BUSINESS CARDS - LEILA HENDERSON 04/04/2023
30.41
833.48
80014 04/18/2023 WILLIAM HUSSEY APR2023 BH HLTH REIMAPR 2023 BH HEALTH REIMBURSEMENT 04/14/2023
47.08
6200882 LIGHT BULBS FOR PARKS SNACK BAR 03/17/2023
E 10-450-245-000-000 30.41
44991 GOLD CHAIN FOR TOP OF BLUE MOUNTAIN FOR 03/03/2023
E 10-120-220-000-000 47.08
C.3.b
Packet Pg. 30
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
EASTER EGG HUNT
PROVIDE QUOTE FOR A/C REPAIRS
CIVIC CENTER AND PARKS
50% RESERVATION USE FEE
RR PARK SHLTR D 4/9/2023 1-7PM
(1) YARD SALE SIGN
B 23-515-22-00 10.00
10.00
10.00
B 23-515-22-00 50.00
50.00
50.00
80023 04/18/2023 VALERIE MYERS 04142023 REFUND YARD SALE SIGN DEPOSIT FOR 04/14/2023
80022 04/18/2023 ALYSSA MUNEZ 04142023 REFUND DEPOSIT FOR RESERVATION AT 04/14/2023
R 10-450-01 60.00
B 23-515-22-00 50.00
110.00
110.00
80021 04/18/2023 TRINIDAD MORENO 04142023 REFUND PARK RESERVATION DEPOSIT AND 04/14/2023
E 10-195-245-000-000 1,304.00
E 10-450-245-000-000 1,325.00
2,629.00
2,629.00
E 10-195-257-000-000 205.00
205.00
205.00
80020 04/18/2023 MORAN JANITORIAL SERVICES LLC 2182 MAR 2023 JANITORIAL SERVICES FOR 04/05/2023
B 23-515-22-00 400.00
400.00
2,400.00
80019 04/18/2023 LOMA LINDA HEAT AND A C INC 9696222 WALK THROUGH OF FIRE STATION TO 04/06/2023
62-2 REFUND CLEANING DEPOSIT FOR 2023 03/23/2023
C.3.b
Packet Pg. 31
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
AND COUNCIL CHAMBERS
302605577001
56.56
360.66
E 10-190-210-000-000 63.19
88.07
FY2022-23 OFFICE SUPPLIES 04/04/2023
E 10-110-210-000-000 56.56
99.32
307549802001 FY2022-23 OFFICE SUPPLIES 04/05/2023
E 10-110-210-000-000 24.88
E 10-172-210-000-000 20.30
E 10-190-210-000-000 73.22
E 10-370-210-000-000 5.80
E 10-175-210-000-000 6.92
E 10-190-210-000-000 29.08
116.71
304664874001 FY2022-23 OFFICE SUPPLIES 03/24/2023
E 10-110-210-000-000 66.87
E 10-120-210-000-000 6.92
E 10-172-210-000-000 6.92
80025 04/18/2023 ODP BUSINESS SOLUTIONS LLC 302595251001 FY2022-23 OFFICE SUPPLIES 04/04/2023
E 10-195-245-000-000 4,018.00
E 10-195-246-000-000 722.00
4,740.00
4,740.00
80024 04/18/2023 NEW WORLD PLUMBING INC 1111 PLUMBING SERVICES FOR ANNEX BUILDING 04/02/2023
C.3.b
Packet Pg. 32
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
WATER CO
RENTAL
DUES
B 10-022-72-00 483.82
483.82
483.82
E 10-190-238-000-000 91.00
91.00
91.00
80030 04/18/2023 TEAMSTERS LOCAL 1932 021 MAY 2023 EMPLOYEE PAID MEMBERSHIP 04/13/2023
192,166.00
192,166.00
80029 04/18/2023 SPARKLETTS 16179154 040823 APR2023 WATER FILTRATION SYSTEM 04/08/2023
E 10-410-255-000-000 5,441.67
E 10-410-256-000-000 173,391.00
E 14-411-256-000-000 13,333.33
E 10-187-257-000-000 6,331.24
6,331.24
6,331.24
80028 04/18/2023 SB COUNTY SHERIFF 22608 APR 2023 LAW ENFORCEMENT SERVICES 04/04/2023
80027 04/18/2023 S B COUNTY LAND USE SERVICES 10-806-13 FY2022-23 FIRE HAZARD ABATEMENT SVCS 04/04/2023
E 26-601-239-000-000 340.64
E 26-605-238-000-000 168.14
9,049.23
9,049.23
E 10-450-238-000-000 4,529.31
E 10-805-238-000-000 1,231.35
E 26-600-239-000-000 907.95
B 10-015-60-00 69.20
E 10-175-238-000-000 300.51
E 10-190-238-000-000 1,502.13
80026 04/18/2023 RIVERSIDE HIGHLAND WATER CO FEB-MAR 2023 RHWC01/25/2023-03/21/2023 RIVERSIDE HIGHLAND 04/03/2023
C.3.b
Packet Pg. 33
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
1178-191-04
1178-191-04 1 PARCEL
SUBSCRIPTION
APR-MAY 2023
APR-MAY 2023
ARBORIST SERVICES
E 20-100-245-000-000 17,516.00
17,516.00
17,516.00
E 10-805-238-000-000 285.69
285.69
605.67
80035 04/18/2023 WEST COAST ARBORISTS INC 198294 MAR 2023 CITYWIDE TREE INVENTORY AND 03/31/2023
E 10-450-238-000-000 319.98
319.98
0007245040723 SR CTR CABLE INTERNET BLDG 3 - 04/07/2023
E 10-370-265-000-000 82.00
82.00
82.00
80034 04/18/2023 TIME WARNER CABLE 0262246040323 RICHARD ROLLINS PARK INTERNET - 04/03/2023
E 49-473-700-000-000 275.00
275.00
875.00
80033 04/18/2023 THOMSON REUTERS WEST 848193389 APR 2023 QUINLAN ZONING BULLETIN 04/04/2023
E 49-473-700-000-000 600.00
600.00
GT104 2 APPRAISAL FOR PORTION OF APN 04/11/2023
E 10-450-245-000-000 735.00
735.00
735.00
80032 04/18/2023 THE APPRAISAL OFFICE GT104 3 APPRAISAL FOR BLUE MT TRAIL APN 04/11/2023
80031 04/18/2023 TERMINIX 431730290 MAR 2023 GOPHER CONTROL FOR PICO PARK 03/31/2023
C.3.b
Packet Pg. 34
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
04/06/2023
04/20/2023
PART 2
E 10-190-140-000-000 2,764.89
2,764.89
2,764.89
B 10-022-62-00 7,574.17
7,574.17
7,574.17
17131384 04/07/2023 CALPERS REPLACEMENT BENEFIT 100000017131384 2023 REPLACEMENT BENEFIT CONTRIBUTION 04/06/2023
B 10-022-62-00 7,613.45
7,613.45
7,613.45
17112532 04/26/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 04202023 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 04/20/2023
17084220 04/26/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 04062023 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 04/06/2023
E 26-604-238-000-000 63.71
E 26-605-238-000-000 51.25
14,134.23
14,134.23
E 26-601-238-000-000 60.56
E 26-602-238-000-000 83.62
E 26-603-238-000-000 14.41
E 10-450-238-000-000 2,037.18
E 16-510-238-000-000 7,432.77
E 26-600-238-000-000 72.09
E 10-172-238-000-000 71.62
E 10-175-238-000-000 71.63
E 10-190-238-000-000 4,175.39
3692560 04/04/2023 SO CA EDISON COMPANY MAR 2023 EDISONMAR 2023 ENERGY USAGE 04/01/2023
E 10-190-238-000-000 1,890.69
E 10-805-238-000-000 315.75
2,206.44
2,206.44
1030709 04/12/2023 SO CA GAS COMPANY MAR 2023 GAS SERVICEMAR 2023 GAS SERVICE 04/07/2023
C.3.b
Packet Pg. 35
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
ACH 1002352888
#1002352802
#1002352861
E 65-425-272-000-000 133.77
2,309.14
2,309.14
E 10-172-272-000-000 40.00
E 10-175-272-000-000 2,077.05
E 10-185-272-000-000 58.32
88398825 04/07/2023 WEX BANK 88398825 MAR-APR 2023 VEHICLE FUEL CHEVRON 04/06/2023
B 10-022-63-00 1,965.00
B 10-022-64-00 147.93
2,112.93
2,112.93
17152840 04/26/2023 CALPERS 457 PLAN PAYDATE 04202023 457EFT PAYMENT CALPERS ACH CONFIRM 04/20/2023
B 10-022-63-00 1,965.00
B 10-022-64-00 147.93
2,112.93
2,112.93
22,521.87
22,521.87
17152826 04/26/2023 CALPERS 457 PLAN PAYDATE 04062023 457EFT PAYMENT CALPERS ACH CONFIRM 04/06/2023
E 10-450-142-000-000 1,667.39
E 16-175-142-000-000 909.48
E 65-425-142-000-000 741.64
E 10-185-142-000-000 741.47
E 10-190-142-000-000 3,854.28
E 10-370-142-000-000 757.90
E 10-140-142-000-000 2,257.28
E 10-172-142-000-000 1,515.80
E 10-175-142-000-000 2,728.45
B 10-022-61-00 4,426.02
E 10-120-142-000-000 2,164.27
E 10-125-142-000-000 757.89
17145924 04/26/2023 CA PUB EMPLOYEES RETIRE SYSTEM 05012023 HPERS MAY 2023 PERS HEALTH INSURANCE 05/01/2023
C.3.b
Packet Pg. 36
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Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
1,866.30
1,866.30
E 10-185-235-000-000 199.38
E 10-805-238-000-000 761.08
E 65-425-235-000-000 102.36
E 10-140-235-000-000 51.18
E 10-172-235-000-000 51.18
E 10-175-235-000-000 701.12
222183341 04/20/2023 VERIZON WIRELESS 9931382484 MAR-APR 2023 MONTHLY PHONE CHARGES 04/01/2023
C.3.b
Packet Pg. 37
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
31,264.38
31,264.38
Total Checks:432,898.72
E 65-425-246-000-000 MTRLS & SUPPLIES 46.30
E 65-425-272-000-000 VEHICLE MAINT 6,249.01
E 94-175-229-000-000 MTRLS & SUPPLIES 1,958.05
E 10-801-270-000-000 CONFERENCE 2,023.28
E 65-425-220-000-000 MTRLS & SUPPLIES 416.62
E 65-425-235-000-000 MTRLS & SUPPLIES 32.31
E 10-370-270-000-000 CONFERENCE 625.58
E 10-450-245-000-000 PARKS MAINT 415.17
E 10-450-246-000-000 MTRLS & SUPPLIES 10.93
E 10-190-220-000-000 MTRLS & SUPPLIES 4,792.20
E 10-195-219-000-000 MTRLS & SUPPLIES 4,455.17
E 10-185-268-000-000 TRAINING 10.00
E 10-185-272-000-000 VEHICLE MAINT 400.00
E 10-190-211-000-000 POSTAGE 48.45
E 10-175-268-000-000 TRAINING 150.00
E 10-175-272-000-000 VEHICLE MAINT 1,038.70
E 10-185-218-000-000 MTRLS & SUPPLIES 37.74
E 10-175-220-000-000 MTRLS & SUPPLIES 22.29
E 10-175-230-000-000 ADVERTISING 400.52
E 10-175-246-000-000 MTRLS & SUPPLIES 452.50
E 10-175-210-000-000 OFFICE SUPPLIES 72.26
E 10-175-218-000-000 MTRLS & SUPPLIES 60.33
E 10-175-219-000-000 MTRLS & SUPPLIES 1,722.92
E 10-140-210-000-000 OFFICE SUPPLIES 15.07
E 10-140-270-000-000 CONFERENCE 200.00
E 10-172-270-000-000 CONFERENCE 2,681.23
E 10-120-220-000-000 MTRLS & SUPPLIES 86.24
E 10-120-270-000-000 CONFERENCE 670.82
E 10-125-265-000-000 MEMBERSHIP/DUES 274.90
E 10-110-220-000-000 MTRLS & SUPPLIES 77.01
E 10-110-270-000-000 CONFERENCE 1,775.90
E 10-120-210-000-000 OFFICE SUPPLIES 42.88
474160351 04/12/2023 US BANK MAR2023 CAL CARDMAR-APR 2023 CAL CARD CHARGES 04/06/2023
C.3.b
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Check Register
CITY OF GRAND TERRACE
As of 4/30/2023
Christine Clayton, Finance Director
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED
CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE
OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF.
C.3.b
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Adoption of Resolutions Updating the Signature Authority for
the City's Bank of America, California Asset Management
Program, LAIF, US Bank Safekeeping, Multiple Bank
Securities, Arrowhead Credit Union, MIDAmerica, and
Empower Retirement Accounts
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Adopt the attached Resolutions updating the Signature
Authority for the City’s Bank of America, California Asset
Management Program, LAIF, US Bank Safekeeping, Multiple
Bank Securities, Arrowhead Credit Union, MIDAmerica, and
Empower Retirement Accounts
2030 VISION STATEMENT:
This staff report supports City Council Goal #1 – Ensuring our Fiscal Viability through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The City must update bank and investment account signature authorizations on file with
the various financial institutions that hold City funds as personnel and organizational
changes occur.
DISCUSSION:
It is necessary to update the signature authority on all City accounts with Bank of
America, California Asset Management Program, LAIF, US Bank Safekeeping, Multiple
Bank Securities, Arrowhead Credit Union, MIDAmerica, and Empower Retirement to
remove the Interim Finance Director.
The attached Resolutions update the signature authority for each of the institutions
mentioned above for the City. The Resolutions designate the City Manager, and the
Finance Director as the authorized signers.
Staff therefore recommends the adoption of each of the attached Resolutions.
C.4
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FISCAL IMPACT:
There is no fiscal impact associated with adopting the attached Resolutions.
ATTACHMENTS:
• Arrowhead Credit Union (DOCX)
• Bank of America city Reso (DOC)
• CAMP ca asset mgmt reso (DOC)
• Empower Retirement (DOC)
• LAIF City reso (DOC)
• MIDAmerica (DOC)
• US Bank safekeeping reso (DOC)
• Multipule Bank Securities Resolution (DOCX)
APPROVALS:
Christine Clayton Completed 06/05/2023 9:37 AM
Finance Completed 06/05/2023 9:37 AM
City Manager Completed 06/05/2023 9:54 AM
City Council Pending 06/13/2023 6:00 PM
C.4
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE
ARROWHEAD CREDIT UNION ACCOUNTS
WHEREAS, the City of Grand Terrace (City) is a municipal corporation established
under the laws of the State of California; and
WHEREAS, the Arrowhead Credit Union is a not-for-profit financial cooperative
established in 1949 and is governed by state credit union laws and regulations. The
Arrowhead Credit Union is a cooperative, not-for-profit financial institution organized to
promote thrift and provide credit to members; and
WHEREAS, the City periodically needs to update its authorized signers with the
Arrowhead Credit Union; and
WHEREAS, the City Council designates the City Manager and Finance Director
as authorized signers on Arrowhead Credit Union accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the Arrowhead Credit Union on behalf of the City; and
WHEREAS, deposits may only come from and withdrawals may only be made by
designated, authorized signers on the account; and
WHEREAS, Arrowhead Credit Union requires the City to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. All previous resolutions of designated authorized signers with the
Arrowhead Credit Union are hereby revoked.
Section 2. Authorized account signers on Arrowhead Credit Union accounts are
as follows:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
C.4.a
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SECTION 3. Any one of the individuals named as an authorized signer acting on
behalf of the City of Grand Terrace is authorized to initiate transactions and execute
documents on behalf of the City.
SECTION 4. Any two of the individuals named as authorized signers acting on behalf
of the City of Grand Terrace are authorized to sign checks on behalf of the City.
SECTION 5. Interest payments, withdrawals and matured investments may only be
transferred to an account of the City or paid by written demand to the City.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
Resolution, and it shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023-______ was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.4.a
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Approved as to form:
City Attorney
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR BANK OF
AMERICA BANK ACCOUNTS
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California; and
WHEREAS, Bank of America is a federally chartered bank under the laws of the
United States; and
WHEREAS, the City of Grand Terrace needs to update its signature card(s)
periodically with Bank of America due to changes in City staff or changes in staff duties;
and
WHEREAS, the City Council designates the City Manager and Finance Director
as authorized signers on Bank of America bank accounts; and
WHEREAS, Bank of America requires the City to adopt a corporate resolution
and authorization to designate authorized signers on bank accounts;
THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
HEREBY RESOLVES THE FOLLOWING:
Section 1 - All previous resolutions of designated authorized signers for the City of
Grand Terrace with Bank of America are hereby revoked.
Section 2 - Authorized account signers on Bank of America accounts are as follows:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
Section 3 - Any one of the individuals named as an authorized signer acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
Section 4 - Any two of the individuals named as authorized signers acting on behalf
of the City of Grand Terrace are authorized to sign checks on behalf of the City.
Section 5 - The City Clerk shall certify to the adoption of this resolution.
C.4.b
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PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
ATTEST:
_______ ______ _ ____________________ _
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________ ____
City Clerk
Approved as to form:
City Attorney
C.4.b
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR CALIFORNIA
ASSET MANAGEMENT PROGRAM
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California; and
WHEREAS, the California Asset Management Trust was established pursuant to
and in accordance with Joint Powers Exercise of Powers Act, by a Declaration of Trust,
made as of December 15, 1989 and as subsequently amended, as a vehicle for public
agencies to jointly exercise their common power to invest bond proceeds and other
funds; and
WHEREAS, the California Asset Management Program is an authorized
investment under the investment policy of the City and under Government Code Section
53600; and
WHEREAS, the City of Grand Terrace periodically needs to update its authorized
signers with the California Asset Management Program; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the California Asset Management Program on behalf of the City; and
WHEREAS, deposits and withdrawals may only come from designated,
authorized City operating and City investment accounts; and
WHEREAS, California Asset Management Program requires the City to adopt a
resolution to change authorized signers on the account; and
THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY
RESOLVES THE FOLLOWING:
Section 1 - All previous resolutions of designated authorized signers with the
California Asset Management Program are hereby revoked.
Section 2 - Authorized signers on the California Asset Management Program account
are as follows:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
C.4.c
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Section 3 - Any one of the named individuals is authorized to sign on behalf of the
City of Grand Terrace and is authorized to execute documents on behalf of the City.
Section 4 - The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 13th day of June, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
C.4.c
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNER THE CITY OF
GRAND TERRACE DEFERRED COMPENSATION PLAN WITH
EMPOWER RETIREMENT
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California; and
WHEREAS, Empower Retirement is a retirement services provider in the United
States; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement
and signature card with Empower Retirement; and
WHEREAS, the City designates the City Manager and Finance Director as
authorized signers on the City of Grand Terrace Deferred Comp Plan with Empower
Retirement; and
WHEREAS Empower Retirement requires the City to adopt a corporate
resolution and authorization to designate authorized signers for the City’s Deferred
Compensation Plan on behalf of its plan participants;
THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY
RESOLVES THE FOLLOWING:
Section 1 - All previous resolutions of designated authorized signers with
Empower Retirement are hereby revoked.
Section 2 - Authorized signers on EMPOWER Retirement accounts are as
follows:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
Section 3 - Any one of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
.
C.4.d
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Section 4 - The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
C.4.d
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE LOCAL
AGENCY INVESTMENT FUND
WHEREAS, the City of Grand Terrace (City) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, the Local Agency Investment Fund was established by Chapter 730,
Statutes of 1976. This fund enables local government agencies or trustees to remit
surplus funds, not needed for immediate expenditures, to the State Treasurer for the
purpose of investment on behalf of the agency. The State Treasurer will invest such
funds as part of a pooled money investment account in order to derive the maximum
rate of return possible; and
WHEREAS, the Local Agency Investment Fund is an authorized investment
under the investment policy of the City and under Government Code Section 53600;
and
WHEREAS, the City periodically needs to update its authorized signers with the
Local Agency Investment Fund; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the Local Agency Investment Fund on behalf of the City; and
WHEREAS, deposits may only come from and withdrawals may only be made to
designated, authorized signers on the account.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1. All previous resolutions of designated authorized signers with the
Local Agency Investment Fund are hereby revoked.
Section 2. The following officers or their successors in office shall be authorized
signers on the Local Agency Investment Fund account:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
C.4.e
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SECTION 3. One of the individuals named as an authorized signer acting on behalf
of the City is authorized to initiate transactions and execute documents on behalf of the
City.
SECTION 4. Interest payments, withdrawals and matured investments may only be
transferred to an account of the City or paid by written demand to the City.
SECTION 5. the City Clerk shall certify to the passage and adoption of this
Resolution, and it shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
Mayor of the City of Grand Terrace
ATTEST:
City Clerk of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
C.4.e
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNER FOR THE CITY OF
GRAND TERRACE ACCOUNTS WITH MIDAMERICA
ADMINISTRATIVE AND RETIREMENT SOLUTIONS
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California; and
WHEREAS, MIDAMERICA is a retirement plan provider for seasonal, part-time,
and temporary employees that replaces Social Security; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement
and signature card with MIDAMERICA; and
WHEREAS, the City designates the City Manager and Finance Director as
authorized signers for Empower Retirement; and
WHEREAS, MIDAMERICA requires the City to adopt a corporate resolution and
authorization to designate authorized signers on the City’s retirement account on behalf
of its plan participants;
THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY
RESOLVES THE FOLLOWING:
Section 1 - All previous resolutions of designated authorized signers with
Empower Retirement are hereby revoked.
Section 2 - Authorized signers on MIDAMERICA Admin and Retirement accounts
are as follows:
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
Section 3 - Any one of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
.
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Section 4 - The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR US BANK,
SAFEKEEPING ACCOUNT
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California; and
WHEREAS, the US Bank is a federally chartered bank under the laws of the
United States; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement,
signature card or notice of incumbency with US Bank; and
WHEREAS, the City designates the City Manager and Finance Director as
authorized signers on the US Bank Safekeeping bank account; and
WHEREAS US Bank requires the City to adopt a corporate resolution and
Authorization to designate authorized signers on such accounts;
THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE HEREBY
RESOLVES THE FOLLOWING:
Section 1 - All previous resolutions of designated authorized signers with US Bank
are hereby revoked.
Section 2 - Authorized signers on US Bank accounts are as follows::
Position Individual Name
City Manager Konrad Bolowich
Finance Director Christine Clayton
Section 3 - Any one of the individuals named as authorized signers acting on behalf
of the City of Grand Terrace is authorized to execute documents on behalf of the City.
Section 4 - Authorized investment held in US Bank Safekeeping account must be
invested in accordance with permitted investments in California Government Code
Sections 53601 and 53635.
Section 5 - The City Clerk shall certify to the adoption of this resolution.
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Page 2
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023.
ATTEST:
City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace
I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2023- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Approved as to form:
City Attorney
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RESOLUTION NO. 2023-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, USER AGREEMENT GOVERNING USE OF E-
CONNECT-DIRECT BY THE CITY OF GRAND TERRACE
WHEREAS, that a meeting of the City Council of the City of Grand Terrace
organized under the laws of the State of California (Investor), which at said meeting a
quorum was present and acting throughout, the following preamble and resolutions were
adopted and have been and now are in full force and effect; and
WHEREAS, the City of Grand Terrace is duly authorized and permitted by its
Charter, Bylaws and/or investment policies to:
SECTION 1. Engage in cash settlement transactions for the purchase of physical
certificates of deposit(s) (CDs) purchased through eConnectDirect or through any
introducing agent.
SECTION 2. Engage in cash settlement transactions in the form of CDs held in
safekeeping at federally insured financial institutions.
SECTION 3. Engage in cash or DVP (delivery versus payment) settlement
transactions in securities including, but not limited to debt instruments, bond debentures,
notes and CDs; and other fixed-income securities, including but not limited to U.S.
government agency bonds, corporate bonds, municipal bonds, mortgage-backed
securities, collateralized mortgage obligations and Treasury bonds, notes and bills.
SECTION 4. Receive on behalf of the Investor or deliver to the Investor or a
designated third party, monies, bonds or other securities.
SECTION 5. Sell, assign or endorse for transfer bonds or other securities
registered in the name of the Investor.
SECTION 6. Establish and maintain safekeeping accounts with Fedwire and ACH
privileges from which account funds are directly spent, and the responsibility for which is
entirely that of the Investor. Said privileges will be limited to the persons designated by
the Investor. Each designated person can independently perform the prescribed
privileges.
NAME TITLE SIGNATURE
Konrad Bolowich City Manager
Christine Clayton Finance Director
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NOW THEREFORE BE IT RESOLVED that the City of Grand Terrace can open
an account or accounts in its name with a safekeeping agent, introducing broker, or
federally insured financial institution offering CD rates through eConnectDirect or through
any introducing agent and that the persons named above, or their successors in office,
may, on behalf of the Investor or any one of them acting individually, be and they are
hereby authorized to (1) give or submit orders in said account(s) for the purchase, sale
or other disposition of CDs, bonds and other securities listed on eConnectDirect or offered
by any introducing broker; (2) make, execute, deliver or submit directly or through the
services of eConnectDirect any and all written endorsements and documents necessary
to effectuate closure or the disbursements of funds of or from the Investor account; (3)
may at any time while the account is open modify, amend, submit or enter into any other
arrangement with the safekeeping agent of its CD or securities. This authorization to each
of said officers is to remain in full force and effect until other written notice of revocation
is submitted to the safekeeping agent(s) and MBS
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the _____ day of _______________ 2023.
_______________________________
Bill Hussey
Mayor
ATTEST:
_____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
________________________________
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Commitment of Fund Balance for Fiscal Year 2022-2023 in
Accordance with Governmental Accounting Standards Board
Statement No. 54 and City Reserves Policy No. 3.06
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, COMITTING
FUND BALANCE FOR FISCAL YEAR 2022-23 IN
ACCORDANCE WITH GOVERNMENTAL ACCOUNTING
STANDARDS BOARD STATEMENT 54 AND CITY
RESERVES POLICY NO. 3.06
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations and providing City Council scheduled updates on the
City’s fiscal condition.
BACKGROUND:
In February 2009, the Governmental Accounting Standards Board (GASB) issued
Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Statement 54 is designed to modify fund balance reporting in governmental funds with
the intention to improve financial reporting by providing fund balance categories and
classifications that will be more easily understood by the users of our annual financial
statements.
Fund balance refers to the difference between assets (what the City owns) and liabilities
(what the City owes) in the governmental balance sheet. Users of governmental
financial statements examine fund balance information to identify the available
resources of the governmental entity. Statement 54 sets criteria for fund balance
reporting that more clearly defines categories of fund balance. With more concisely
defined categories, the nature and extent of the constraints placed on a government’s
fund balance are clearer and more transparent.
DISCUSSION:
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FUND BALANCE
To establish uniformity, GASB Statement 54 created five new classifications of fund
balance. Each classification depicts the relative strength of the spending constraint for
which the resources can be used. From most to least constrained, the classifications of
fund balance are:
1. Non-spendable: Nonspendable fund balance includes amounts that are not in a
spendable form (inventory, for example) or are required to be maintained intact
(the principal of an endowment fund, or deposits for example).
2. Restricted: Restricted fund balance includes amounts constrained to specific
purposes by their providers (such as grant providers, bondholders, and higher
levels of government) through constitutional provisions or enabling legislation
(balances in special revenue funds are restricted fund balances since their
amounts are restricted for a specific purpose).
3. Committed: Committed fund balance includes amounts that can be used only for
the specific purposes determined by a formal action of the government's highest
level of decision-making authority, in this case, City Council. Commitments may
be changed or lifted only by City Council through the same formal action that
imposed the constraint originally. As approved by City Council in the previous
year, the City’s General Fund committed fund balances consisted of:
a) Contingencies;
b) Community Projects/Services;
c) Public Safety; and
d) Equipment Replacement (Fixed Asset Fund).
4. Assigned: Assigned fund balance comprises amounts intended to be used by
the governing body (City Council) for specific purposes. The intent can be
expressed by the governing body or by an official or body to which the governing
body delegates the authority. In this case, staff is requesting that the City Council
delegate to the City Manager and/or the Finance Director the authority to assign
fund balance. In governmental funds other than the general fund, assigned fund
balance represents the amount that is not restricted or committed. This indicates
that resources in other governmental funds are intended to be used for the
purpose of that fund.
5. Unassigned: Unassigned fund balance is the residual classification for the
general fund and includes all amounts not contained in the other classifications.
Unassigned amounts are technically available for any purpose. If another
governmental fund has a fund balance deficit, then it will be reported as a
negative amount in the unassigned classification in that fund. Positive
unassigned amounts will be reported only in the general fund.
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SUB-FUNDS
City staff established several funds for various programs and activities that staff
believed should be recorded and tracked separately from the General Fund for ease of
reporting to management and City Council. With the implementation of Statement 54,
these funds would be combined with the General Fund’s (Fund 10) fund balance for
reporting purposes in the annual financial statements according to the GASB policy;
however, City staff will continue to provide internal separate fund reports to City Council
for transparency. The funds that will be reported as the collective “General Fund” in the
City’s annual financial statements include:
1. General Fund (Fund 10)
2. Community Benefits Fund (Fund 61)
3. Light Up Grand Terrace Fund (Fund 62)
4. GT Illegal Fireworks Enforcement Fund (Fund 63)
5. Public Safety Fund (Fund 64)
6. Community Day Fund (69)
7. Equipment Replacement Reserve Fund (Fund 70)
As stated in the Generally Accepted Accounting Principles (GAAP), the General Fund
(for purposes of the City’s financial statements) which combines all seven (7) funds
listed above into one fund, should maintain a reserve equal to two (2) months of
operating revenues (estimates based on budgeted revenues).
The table below shows the collective fund balance of the General Fund and as it relates
to the GAAP minimum balance requirement as of June 30, 2023:
Table 1
General
Fund
Comm.
Benefits
Fund
Light Up
Grand
Terrace
Fund
Illegal
Fireworks
Fund
Public
Safety
Fund
Community
Day Fund
Eqpt
Replc
Reserve
TOTAL
(10) (61) (62) (63) (64) (69) (70)
Fund
balance,
7-1-2021
$3,635,947 $42,308 $(909) $224 $22,098 $5 $1,024 $3,700,697
Actual
Revenues
(2021-22)
$8,320,877 $20,101 $13,350 $0 $43 $4,365 $2 $8,358,738
Actual
Expense
(2021-22)
($6,777,124 ($3,685) ($16,031) ($2,500) $0 ($4,694) $0 ($6,804,034)
Fund
balance,
6-30-
2022
$5,179,700 $58,724 ($3,590) ($2,276) $22,141 ($324) $1,026 $5,255,401
Estimated
Revenues $8,995,094 $20,000 $14,950 $0 $105 $0 $0 $9,030,149
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(2022-23)
Estimated
Expense
(2022-23)
($7,712,544 ($8,035) ($18,783) ($2,000) $0 ($20,000) ($30,000) ($7,791,362)
Fund
balance,
6-30-
2023
$6,462,250 $70,689 ($7,423) ($4,276) $22,246 ($20,324) ($28,974) $6,494,188
Operating
Reserve
(2 months
of
revenues)
$1,499,182 $3,333 $2,492 $0 $18 $0 $0 $1,505,025
It is good to note that the collective Fund Balance includes any unspent 2011 Excess
Bond Proceeds transferred from the Successor Agency as approved by the Department
of Finance. Those funds will be moved to Fund 50 at the start of FY23-24 for better
oversight. Also, the proceeds from the sale of the fire station are included in the
collective Fund Balance and will be moved to a separate fund at the start of FY23-24.
As stated earlier, the City uses its budgeted revenues to calculate the minimum fund
requirements. The FY2022-23 estimated revenues for the collective General Fund are
as follows:
Table 2
General
Fund
Comm.
Benefits
Fund
Light
Up
Grand
Terrace
Fund
Illegal
Fireworks
Fund
Public
Safety
Fund
Community
Day Fund
Eqpt
Replc
Reserve
TOTAL
(10) (61) (62) (63) (64) (69) (70)
Estimated
Revenues
(2022-23)
$8,995,094 $20,000 $14,950 $0 $105 $0 $0 $9,030,149
Operating Reserve
(2 months
revenues) $1,499,182 $3,333 $2,492 $0 $18 $0 $0 $1,505,025
The formula for maintaining a reserve equal to two (2) months of operating revenues is:
FY2022-23 Estimated revenues: $9,030,149
--------------- X 2 = $1,505,025 (16.7%)
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Staff is recommending that City Council adopt the attached resolution committing the
General Fund’s fund balance for Fiscal Year 2021-22 in the following categories shown
below:
Table 3
City of Grand Terrace
Fund Balance Designation: FY2021-22
Nonspendable:
Prepaid Costs $0
Land Held for Resale $142,321
Restricted for:
Community Development Projects $0
(e.g. Parks Fund, Facilities Fund)
Public Safety (e.g. SLESF Fund) $0
Public Works (e.g. Street Fund, facilities projects) $0
Infrastructure Projects $1,057,737
Committed to:
Committed to Contingencies (General Fund: #10) $1,505,025
Committed to Community Services
• Community Benefits Fund: #61 $3,400
• Light Up Grand Terrace Fund: #62 $2,400
Committed to Equipment Replacement (Fixed
Assets Fund:#70) $851,603
Assigned
Assigned for continuing appropriations
(commitments, projects approved in current and
prior years that must be carried forward into the new
fiscal year)
$50,000
Assigned for future debt obligations $94,000
Unassigned $2,787,702
Total Fund Balance, GENERAL FUND $6,494,188
FISCAL IMPACT:
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There is no fiscal impact to approving the resolution, designating Fund balance and
implementing Statement 54. Total fund balance reported with or without Statement 54
would be the same; only the components of fund balance will be altered.
ATTACHMENTS:
• Resolution 2023-XX committing fund balance for FY2022-23 06-13-23
(DOCX)
APPROVALS:
Christine Clayton Completed 05/30/2023 10:29 AM
Finance Completed 05/30/2023 10:29 AM
City Manager Completed 06/08/2023 9:47 AM
City Council Pending 06/13/2023 6:00 PM
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RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMITTING FUND BALANCE FOR FISCAL
YEAR 2022-23 IN ACCORDANCE WITH GOVERNMENTAL
ACCOUNTING STANDARDS BOARD STATEMENT 54 AND CITY
RESERVES POLICY NO. 3.06
Recitals
WHEREAS, the Governmental Accounting Standards Board (GASB) issued
Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions,
establishing a hierarchy clarifying the constraints that govern how a government entity
can use amounts reported as fund balance; and
WHEREAS, GASB 54 allows the governing body to formalize the commitment of
unassigned fund balance to a specified purpose; and
WHEREAS, the City Council of the City of Grand Terrace is the highest level of
decision-making authority for the City of Grand Terrace, and has the authority to commit,
assign, or evaluate existing fund balance classifications and identify the intended uses of
committed or assigned funds; and
WHEREAS, the committed fund balance classification reflects amounts subject to
internal restraints self-imposed by the City Council; and
WHEREAS, once the committed fund balance restraints are imposed, it requires
the constraint to be removed by the City Council prior to redirecting the funds for other
purposes; and
WHEREAS, the City Council has determined it will commit its General Fund
reserves for Fiscal Years 2022-23 as shown in the table below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council finds that the above recitations are true and correct and,
accordingly, are incorporated as a material part of this Resolution.
2. The City Council hereby commits the following fund balance as shown in
the table below for fiscal year 2022-2023 in accordance with Governmental Accounting
Standards Board Statement 54 and City Reserves Policy No. 3.06:
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City of Grand Terrace
Fund Balance Designation: FY2022-23
Nonspendable:
Prepaid Costs $0
Land Held for Resale $142,321
Restricted for:
Community Development Projects $0
(e.g., Parks Fund, Facilities Fund)
Public Safety (e.g., SLESF Fund) $0
Public Works (e.g., Street Fund, facilities projects) $0
Infrastructure Projects $1,057,737
Committed to:
Committed to Contingencies $1,505,025
Committed to Community Services
· Community Benefits Fund: #61 $3,400
· Light Up Grand Terrace Fund: #62 $2,400
Committed to Equipment Replacement (Fixed
Assets Fund #70) $851,603
Assigned
Assigned for continuing appropriations
(commitments, projects approved in current and
prior years that must be carried forward into the
new fiscal year)
$50,000
Assigned for future debt obligations $94,000
Unassigned $2,787,702
Total Fund Balance, GENERAL FUND $6,494,188
3. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Resolution and each section, subsection, sentence,
clause, phrase, or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
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4. The City Clerk shall certify to the adoption of this Resolution.
5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 13th day of June, 2023.
Bill Hussey
Mayor
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Adopt a Resolution Prospectively Naming the Development
of APN 0276-233-47-0000 in Honor of Ms. Angeline Petta
And/Or the Family Trust of Anthony Petta and Angeline
Petta
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council adopt a Resolution Prospectively
Naming the Development of APN 0276-233-47-0000 in
honor of Ms. Angeline Petta and/or the Family Trust of
Anthony Petta and Angeline Petta
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage the Community by Participation
BACKGROUND:
Angeline Petta, Trustee of The Family Trust of Anthony Petta and Angeline Petta (AKA
Petta Trust) donated property at the northeast corner of Barton Road and Preston
Street (Property) to the City of Grand Terrace in February 2022. The property was
donated to the City for public purposes with the intention that a community-benefiting
use such as a library, police substation, performing arts center, or other similar use be
placed upon the site.
DISCUSSION:
The City Council at its discretion may name buildings, parks, or significant municipal
locations in any manner at its discretion. Recognition of notable individuals in the city’s
development has previously occurred in the naming of streets and parks. Preemptively
naming the site and future use of the site would be appropriate recognition of the
family’s contribution to the city’s history and the generous gift of the property for future
generations to use.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
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ATTACHMENTS:
• GT Resolution - Petta Naming (DOCX)
APPROVALS:
Konrad Bolowich Completed 06/08/2023 2:39 PM
City Manager Completed 06/08/2023 3:22 PM
City Council Pending 06/13/2023 6:00 PM
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01247.0001/897780.2
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE PROSPECTIVELY NAMING PROPERTY DEVELOPED ON
APN 0276-213-47-0-000 IN HONOR OF MS. ANGELINE PETTA AND/OR
THE FAMILY TRUST OF ANTHONY PETTA AND ANGELINE PETTA
WHEREAS, Angeline Petta, Trustee of The Family Trust of Anthony Petta and
Angeline Petta (AKA Petta Trust) donated certain unimproved real property in the City of
Grand Terrace, San Bernardino County, State of California (APN 0276-213-47-0-000)
(Property) to the City of Grand Terrace in February 2022; and
WHEREAS, the City of Grand Terrace accepted the donation and completed the
transaction to receive the Property free of all encumbrances; and
WHEREAS, the Property was donated 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 will develop the Property for public purposes at a future date;
and
WHEREAS, the City Council now desires to declare its intent to name the future
facility developed on the Property after Ms. Angeline Petta and/or the Family Trust of
Anthony Petta and Angeline Petta.
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. Naming of Future Facility. The City Council hereby commits to
naming the future development on the Property in honor of Ms. Angeline Petta and/or the
Family Trust of Anthony Petta and Angeline Petta.
Section 3. Effective Date. This Resolution shall immediately take effect upon
passage.
[SIGNATURES ON NEXT PAGE]
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01247.0001/897780.2
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 14th day of June, 2023.
Bill Hussey
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Acceptance of Resignation by Parks & Recreation Advisory
Committee Member Terry Reagan and Authorization to Send
Letter of Appreciation and Post a Notice of Vacancy
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: Accept the Letter of Resignation of Parks & Recreation
Advisory Committee Member Terry Reagan, Direct the City
Clerk to Prepare and Send a Letter of Appreciation on Behalf
of the City Council and Direct Staff to Post a Notice of
Vacancy
BACKGROUND:
Terry Reagan was appointed to serve as a regular member of the Parks & Recreation
Advisory Committee on December 10, 2019, by the Council Member Sylvia Robles with
a term continuing until a successor is appointed.
DISCUSSION:
On May 11, 2023, staff received email communication from Mr. Reagan indicating that
he is resigning from the Parks & Recreation Advisory Committee. The email
communication is attached for your review (Attachment I). With the resignation of Mr.
Reagan, the Parks & Recreation Advisory Committee will have one regular member
vacancy.
Staff originally posted the vacancy on May 22, 2023, on the City’s Facebook page and
subsequently removed the post a day later after the need to submit the
recommendation to Council was made known.
After acceptance of Mr. Reagan’s resignation by the City Council, staff recommends
that the City Council direct the City Clerk to prepare and send a letter of appreciation to
Mr. Reagan and post a notice of vacancy pursuant to Government Code Section 54974.
The City Clerk will then begin accepting applications from residents who may wish to
serve on the Committee.
FISCAL IMPACT:
There is no fiscal impact to the City.
ATTACHMENTS:
• Park & Recreation Advisory Committee Member Resignation - Terry Reagan
(PDF)
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APPROVALS:
Shanita Tillman Completed 05/23/2023 9:54 AM
Finance Completed 06/05/2023 8:54 AM
City Council Pending 06/13/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Acceptance of the California Automated Permit Processing
Program - CalAPP Grant (APP-22-152) from the California
Energy Commission in the Amount of $40,000 Directed to
the City of Grand Terrace
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: A. Approve acceptance of the California Automated
Permit Processing Program - CalAPP Grant issued by the
California Energy Commission in the amount of $40,000.
2030 VISION STATEMENT:
This staff report supports Goal #2, Ensuring Our Fiscal Viability
BACKGROUND:
On September 16, 2022, Governor Gavin Newsom signed and approved Senate Bill
379 (SB 379) which requires that every city, county, or city and county implement an
online, automated permitting platform that verifies code compliance and issues permits
in real time or allows the city, county, or city and county to issue permits in real time for
a residential solar energy system that is no larger than 38.4 kilowatts and a residential
energy storage system (battery), paired with a residential solar energy system that is no
larger than 38.4 kilowatts. The deadline to comply with SB 379 for cities with a
population less than 50,000 is September 30, 2024.
On April 12, 2023, the City of Grand Terrace was able to secure a $40,000 grant issued
by the California Energy Commission as part of SB 129 which was an allocation of $20
million from the State’s General Fund account to be directed to jurisdictions to assist in
implementation of an automated solar permitting system.
RECOMMENDATION:
Staff is recommending that Council approve acceptance of CalAPP Grant (APP-22-152)
in the amount of $40,000.
FISCAL IMPACT:
All costs incurred related to implementation of the system including but not limited to
training, purchase of software, purchase of hardware, annual subscriptions, and any
labor costs by city staff or third-party consultants will be offset by the grant in Fund 72 -
CalAPP Grant.
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ATTACHMENTS:
• Final Distribution APP-22-152 City of Grand Terrace (PDF)
APPROVALS:
Luis Gardea Completed 05/31/2023 4:57 PM
Finance Completed 06/05/2023 8:52 AM
City Manager Completed 06/05/2023 9:54 AM
City Council Pending 06/13/2023 6:00 PM
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STATE OF CALIFORNIA GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Grand Terrace APP-22-152
ADDRESS AGREEMENT TERM 22795 Barton Rd.
Grand Terrace, CA 92313
04/12/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.
PROJECT DESCRIPTION The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5
Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$ 40,000
MINIMUM MATCH SHARE REQUIRED
$ 0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 40,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION CONTRACTOR
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME NAME Adrienne Winuk
TITLE TITLE Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS 18, Sacramento, CA 95814
4/26/2023
Luis Gardea
Building Official
4/28/2023
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ATTACHMENT 01
Grant Application Form -EXHIBIT A
1.
California Automated Permit Processing (CalAPP) Program
APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
City of Grand Terrace
Jurisdiction Type (select one):
IZ]city Ocounty D City and County
Current Estimated Population State of California DeQartment of Finance DemograQhics (https://dof .ca .gov /forecasting/Demographics/): IZJ Less than 50,000 I_ _ _J From 100,000 to 200,000 D From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Luis Gardea (serves as point of contact for all Street Address 22795 Barton Road
communications) City and Grand Terrace, 92313
Zip Code
Phone Number (909)954-5182
E-Mail Address Lgardea@grandterrace-ca.gov
2.FUNDING (REQUIRED)
Assigned Maximum Grarit Amount (seiect �n�)
� Group 1 ($40,000): Population less than 50,000
D Group 2 ($60,000): Population from 50,000 to 99,999
L_I Group 3 ($80,000): Population from 100,000 to 200,000
I J Group 4 ($100,000): Population greater than 200,000
April 2023 Page 1 of 4 CalAPP Attachment 01 APP-22-152
City of Grand Terrace
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3.PROJECT INFORMATION (REQUIRED)
A.Online, automated solar permitting platform to be adopted:
�SolarAPP+
D Other. If selected, complete Section 4 (''Additional Information'')
B.Please select allowable budget item(s) anticipated to be used (Selectat least one):IZ! Ongoing in-house staff labor costs associated directly with adoption and
maintenance of the platform IZ! Ongoing third-party or consultant time associated directly with adoption and
maintenance of the platform IZ! Ongoing staff training and education, specific to the platform
D Ongoing training events for local installers, specific to the platform
IZ! Essential hardware or equipment necessary to support adoption of the
platform IZ! Maintenance, such as adding support for energy storage paired with solar
energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C.Estimated Project Timeline*
*Enter actual dates if activities already began
Activity !Date (Month/Year)
I Begin Development/Pilot
Full Adoption
;07/2023
j0B/2023
i07/2023 ! Staff Training
! Training for Local Installers 107/2023
April 2023 Page 2 of 4 calAPP Attachment 01 APP-22-152
City of Grand Terrace
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4.ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+
Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.
Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs
Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit
EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use
5.REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.
Please indicate your acceptance of these terms.
April 2023 Page 3 of 4
CalAPP Attachment 01
Oves □ No
Oves □No
Oves □No
Oves □ No
Oves □No
�Yes □No
APP-22-152
City of Grand Terrace
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6.CERTIFICATION (REQUIRED)
•I am authorized to complete and sign this form on behalf of the applicant.•I authorize the California Energy Commission to make any inquiries necessaryto verify the information presented in this application.•I have read and understand the terms and conditions contained in thissolicitation. I accept the terms and conditions contained in this solicitation onbehalf of the applicant, and the applicant is willing to enter into an agreement
with the Energy Commission to conduct the proposed project according to the
terms and conditions without negotiation.•I certify under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Name of Authorized Luis Gardea
Representative:
Title:
Phone Number:
E-mail Address:
Date:
Signature of Authorized Representative:
April 2023
Building Official
(909)954-5182
Lgardea@grandterrace-ca.gov
04/12/2023
yj,tf�
NOTE: Do not overlap signature with surrounding border lines.
Page 4 of 4 CalAPP Attachment 01 APP-22-152
City of Grand Terrace
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April 2023 Page 1 of 5 APP-22-152
City of Grand Terrace
California Automated Permit Processing (CalAPP) Program
ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and
within square brackets.
1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to
support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:
A. Grant Funding Opportunity (GFO) 21-402.
B. Recipient’s application to CalAPP.
As between and the incorporated documents and the remainder of this Agreement, the rest of this
Agreement takes priority in case of a conflict.
3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during
the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not
more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under
this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30,
2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it
takes the CEC administrative time to review, approve, work with the Recipient to correct any
errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient
acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts
due under the Agreement, it risks not receiving payment, and relinquishes all rights to such
payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is
of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
The Recipient may request payment from the Energy Commission at any time during the term of this
Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but
no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.
c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the
employee’s name, hours worked, and billing rate to be included as a reimbursable expense.
d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform.
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April 2023 Page 2 of 5 APP-22-152
City of Grand Terrace
• Any costs incurred or activities conducted prior to entering into a grant agreement with the
Energy Commission or incurred after the grant agreement has ended.
• Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform.
• All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement
shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient
further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of
sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including
HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of
the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into
this Agreement by reference and made a part of it as if set forth in full. The Recipient and its
subcontractors will give written notice of their obligations under this section to labor organizations with
which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of this section in all
subcontracts to perform work under this Agreement.
6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State
of California that it will comply and will ensure its subcontractors will comply with the requirements
of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any
other rights and remedies available to the CEC, failure to comply with these requirements may result
in suspension of payments under the Agreement or termination of the Agreement or both, and the
Recipient may be ineligible for any future state awards if the CEC determines that any of the following
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has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to
carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State
of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990
(Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following
actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited, and specifying actions to be taken
against employees for violations as required by Government Code Section 8355(a).
2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to
inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace;
• Any available counseling, rehabilitation, and employee assistance programs; and
• Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee who works on
the proposed project:
• Will receive a copy of the company's drug-free policy statement; and
• Will agree to abide by the terms of the company's statement as a condition of employment on
the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these
requirements may result in suspension of payments under the Agreement or termination of the
Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC
determines that any of the following has occurred: (1) the Recipient has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with
Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the
basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing
the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated
representative shall have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for
possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient
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agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records. Further,
the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated
representative, to audit records and interview staff in any subcontract related to performance of this
Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works
requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may
trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing
wages, applying to its entire project. If the project is public works then it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement,
Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its
subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable,
irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce
all intellectual property, such as the products identified in Section 2. above, for governmental purposes
the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision
securing these rights for the CEC in all of its subcontractor agreements related to performance of this
Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both
the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act
in an independent capacity and not as officers, employees, or agents of the CEC or the State of
California.
14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of
this Agreement will remain in full force and effect.
15. Waiver
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No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this
Agreement will be taken and construed as cumulative, meaning in addition to every other remedy
provided in the Agreement or by law.
16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in
any way to the CEC or its representatives reasonable access to all project sites and to all records related
to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in
Section 8. Accounting and Audit.
17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this
event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a
third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own
terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
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Exhibit C
CONTACT LIST
April 2023 Page 1 of 1 APP-22-152
City of Grand Terrace
California Energy Commission Recipient
Commission Agreement Manager:
Adam Van Winkle
California Energy Commission
715 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 891-9060
e-mail: adam.vanwinkle@energy.ca.gov
Project Manager:
Luis Gardea City of Grand Terrace
22795 Barton Road Grand Terrace, CA 92313 Phone: (909) 954-5182 e-mail: Lgardea@grandterrace-ca.gov
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:
Konrad Bolowich City Manager 22795 Barton Road Grand Terrace, CA 92313
Phone: (909) 954-5175
e-mail: Kbolowich@grandterrace-ca.gov
Invoices, Progress Reports and Non-
Confidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: invoices@energy.ca.gov
Accounting Officer:
Christine Clayton Finance Director
22795 Barton Road
Grand Terrace, CA 92313 Phone: (909) 954-5188 e-mail: Cclayton@grandterrace-ca.gov
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294 e-mail: tatyana.yakshina@energy.ca.gov
Recipient Legal Notices:
Luis Gardea City of Grand Terrace 22795 Barton Road
Grand Terrace, CA 92313
Phone: (909) 954-5182 e-mail: Lgardea@grandterrace-ca.gov
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Independent Contractor Agreement for Fiscal Year 2023-24
with Family Services Association for the Administration and
Provision of a Senior Nutrition Program and Senior Center
Coordinator Services
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve the Independent Contractor Agreement for
Fiscal Year 2023-24 with Family Services Association
(“FSA”) for the administration and provision of a Senior
Nutrition Program and Senior Center Coordinator services at
the Senior Center as described therein, in a total contract
sum not to exceed $46,020.
2. Authorize the City Manager to execute the Agreement
subject to the City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports our Goal #1 – Ensure our Fiscal Viability by committing to a
balanced budget and Goal #4 – Develop and Implement Successful Partnerships by
collaborating with community groups to facilitate the delivery of services benefitting our
seniors.
BACKGROUND:
On February 14, 2017, City Council authorized staff to submit the City’s FY2017-18
Community Development Block Grant (CDBG) funding recommendations to the County
of San Bernardino Economic Development Agency. Included in the recommendations
was the establishment of a paid position at the Senior Center and senior meals.
SENIOR CENTER COORDINATOR
The Senior Center has been operating since 1986 and has an active population of 188
seniors, primarily Grand Terrace residents, providing a full spectrum of services. These
services support activities for the social interaction and health of the local senior citizen
population.
SENIOR NUTRITION PROGRAM
Since 2006, Family Service Association (FSA) has been managing the Senior Nutrition
Program and has been serving lunch to Grand Terrace seniors center daily, Monday
through Friday and delivers meals to homebound seniors weekly.
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DISCUSSION:
The Senior Center has had the same Senior Center Coordinator since 2017, historically
it had been managed by volunteer seniors, which was not sustainable. FSA has been
able to provide a staff person on site daily to meet our senior community’s needs.
The Senior Nutrition Program has changed since Covid-19, hot meals served daily
transitioned to a once-a-week handout of frozen meals. Starting in FY 23-24 FSA hopes
to have their hot meals up and running at the Senior Center. The funding for the
coordinator and meals is supplied by The County of San Bernardino Community
Development and Housing Department.
The County of San Bernardino Community Development and Housing Department
allocated the funding of the following projects:
Project Title Applicant’s Requested
Amount Allocated Amount Account
Grand Terrace: FSA-
Senior Meals $10,000 $10,000 22-425-305-000
Grand Terrace: Senior
Center Coordinator
Services
$50,000 $36,020 22-425-312-000
Total: $60,000 $46,020
Staff recommends that City Council authorize the City Manager to execute a contract
between the City and FSA for the mentioned services.
FISCAL IMPACT:
The funding of $46,020 is part of the budget in Fund 22 for FY 2023-24. See the table
above for the account numbers.
ATTACHMENTS:
• Grand Terrace 2023-24 Eligible Applications (PDF)
• FSA (DOCX)
APPROVALS:
Shanita Tillman Completed 05/22/2023 3:54 PM
Finance Completed 05/24/2023 10:21 AM
City Manager Completed 05/24/2023 1:49 PM
City Council Pending 06/13/2023 6:00 PM
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San Bernardino County
Department of Community Development and Housing
2023-24 CDBG Project Proposals
Location Applicant Application #Project Title Amount
Requested Comments Eligible:
Yes/NO
Grand
Terrace
Christine Clayton, Finance Director
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
stillman@grandterrace-ca.gov
909-954-5191
GRAN23CN-024 Grand Terrace: Rehabilition/Improvements
to Local Streets $385,000.00
Eligible Construction - Make improvements to existing roads by crack sealing and slurry and 2"
grind and overlay. Grind the street surface by 2" and repave by 2" and enhance the appearance
by fresh striping. The streets that would require crack sealing and slurry are Mavis St, Vivienda
Ave, and Cardinal St, Palika Way, and westside of Reed Ave. The streets that require 2" grind
and overlay are Cardinal Ct, Pascal Ave, Mavis St, Willet Ave, and eastside of Reed Ave. This
project will serve 1,105 residents in the local areas, of which 685 are low- and moderate-
income. Eligibility is subject to City of Grand Terrace funding participation and use of federal
prevailing wage rates.
Yes
Grand
Terrace
Cheryl-Marie Hansberger, Chief
Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951-686-1096
GRAN23PS-047 Grand Terrace: Senior Meals Program -
Family Service Association $10,000.00
Expanding Public Service - Family Service Association, under contract with the City of Grand
Terrace, will provide a senior congregate and mobile meals program to seniors in the City of
Grand Terrace and surrounding communities. Curbside pick-up of meals is also offered. FSA
expects to serve 150 unduplicated senior citizens throughout the program year. Seniors are a
presumed 51% low-to moderate-income population. However, documentation is still required.
Public Services are limited to low-and moderate-income persons and require monthly
documentation that at least 51% of the persons served qualify as low-and moderate-income.
This activity was funded in previous years (less than 12 months) and is a continuing activity.
Therefore, a quantifiable increase in the level of service or a new additional service is required in
order to continue to be eligible for CDBG funding.
Yes
Grand
Terrace
Cheryl-Marie Hansberger, Chief
Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951-686-1096
GRAN23PS-050 Grand Terrace: Senior Center Coordinator -
Family Services Association $50,000.00
Expanding Eligible Public Service - Family Services Association, under contract with the City of
Grand Terrace, will provide staff to make available: classes, activities, counseling, transportation
and associated coordination, including administrative tasks at the Grand Terrace Senior Center
to approximately 188 unduplicated senior citizens in Grand Terrace and the surrounding area.
Senior Center operational costs are not eligible for CDBG funding. Seniors are a presumed 51%
low-to moderate-income population. However, documentation is still required. Public Services
are limited to low-and moderate-income persons and require monthly documentation that at
least 51% of the persons served qualify as low-and moderate-income. This activity was funded in
previous years (less than 12 months) and is a continuing activity. Therefore, a quantifiable
increase in the level of service or a new additional service is required in order to continue to be
eligible for CDBG funding.
Yes
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Department of Community Development and Housing
2023-24 CDBG Project Proposals
Location Applicant Application #Project Title Amount
Requested Comments Eligible:
Yes/NO
Grand
Terrace
Melanie Orosco, County Librarian
268 W. Hospitality Lane, 3rd Floor
San Bernardino, CA 92415
melanie.orosco@lib.sbcounty.gov
909-387-2220
GRAN23PS-056 Grand Terrace: Adult Literacy Program $10,000.00
Expanding Eligible Public Service. Services are limited to low- and moderate-income clients and
requires documentation of at least 51% of the clients are low- to moderate-income. Client
eligibility (for all clients including illiterate adults) must be evidenced by documentation and
data concerning beneficiary family size and income. This activity was funded in previous fiscal
years and is a continuing activity. Therefore a quantifiable increase in the level of service is
required. CDBG funds will be used to pay for personnel services. Services are provided by San
Bernardino County Library Department staff and volunteers. Service Location: 22795 Barton
Road, Grand Terrace, CA 92313. Prior to COVID-19, the San Bernardino County Library Adult
Literacy Program saw gradual increases in the number of learners served at each location.
However, after COVID-19, the number of patrons who visited the library has significantly
decreased. This has directly impacted how many potential learners came into the branch as
well as how many current learners felt comfortable returning to the program due to health and
safety. Therefore, the number of learners served has not increased this year, but the expansion
of the program has included the following: (1) expansion of support hours provided by the
library staff to tutors who need training; (2) expansion of support hours provided by the library
staff to learners who need additional resources and meetings to revisit roles and goals; (3)
expansion of library of materials and curriculum used to teach adult learners how to improve
reading and writing; (4) expansion of hours available for tutors and learners to meet together in
the Library for tutoring sessions (formerly limited to 1-2 hours per week will now expand to 3+
hours per week, depending on the tutor-learner pair’s availability, willingness to meet more,
and need to meet a specific goal); and (5) expansion of outreach and planning to promote the
program to the local community (higher number of community connections, more meetings
with adult-literacy-assigned-library-staff to develop awareness events and strategize to bring in
more learners and tutors).
Yes
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INDEPENDENT CONTRACTOR AGREEMENT
FOR FISCAL YEAR 2023-2024
THIS AGREEMENT is made and entered into as of this 13 day of June 2023, by and
between the City of Grand Terrace, a municipal corporation (hereinafter “City”) and
Family Services Association (hereinafter “FSA”), a California non-profit Corporation.
RECITALS
WHEREAS, City participates in the federally funded Community Development Block
Grant (CDBG) program as a cooperative city in the County Consortium, and receives
annual CDBG funding through the County of San Bernardino, hereinafter referred to as
County.
WHEREAS, the City submitted an application for CDBG funds for fiscal year 2023-2024
to fund a Senior Center Coordinator provided by FSA to meet the City's goal to allow
seniors to have a safe and healthy place to continue to be nourished and stay active
within their community. The position(s) would be responsible for the daily operation of the
Center, including opening and closing the Center, scheduling of classes, educational
counseling, coordinating with the Senior transportation bus driver, coordinating with
vendors for programs, and also working with the senior board members.
WHEREAS, FSA and the City entered into an agreement, approved by the City Council
on June 27, 2017, for FSA to provide the Senior Services Coordinator.
WHEREAS, FSA has expressed an interest in providing a senior nutrition meal program
for low-and-moderate income seniors in the City of Grand Terrace.
WHEREAS, FSA desires to participate in the CDBG program and represents to City that
it is qualified by reason of experience, preparation, organization, staffing, and facilities to
provide a senior nutrition meal program.
WHEREAS, FSA and City most recently entered into an agreement on January 10, 2023,
for such services which expire on June 30, 2023 (“2023 Agreement”).
WHEREAS, FSA and City desire to continue to have FSA continue such services
mentioned above until at least June 30, 2024.
WHEREAS, May 9, 2023, the County Board of Supervisors approved the 2023-24, Action
Plan; and, as part of that plan allocated THIRTY SIX THOUSAND TWENTY DOLLARS
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($36,020) in CDBG funds to the City to fund a senior services employee to staff the Grand
Terrace Senior Center and TEN THOUSAND DOLLARS ($10,000) for the administration
and provision of a “Senior Congregate and Mobile Meal Program”, in accordance with
Exhibits “A and B” incorporated herein.
WHEREAS, the City received the necessary documents for City signature for the above-
mentioned allocation in February of 2023.
WHEREAS, on February 23, 2023 the City agreed to accept, but has not yet received,
Community Development Block Grant funding from the County of San Bernardino
(“County”) in the amount of FORTY SIX THOUSAND TWENTY DOLLARS ($46,020) for
the purpose of contracting with FSA for the time period of July 1, 2023 to June 30, 2024
and for the provision of a “Senior Center Coordinator” and “Senior Congregate and Mobile
Meal Program”, in accordance with Exhibits “A” and “B”, incorporated herein.
WHEREAS, FSA will complete performance of the services described in Exhibits “A” and
“B”, which is incorporated herein by this Agreement, for the time period of July 1, 2023 to
June 30, 2024.
WHEREAS, in order for the City to receive reimbursement in the amount of FORTY SIX
THOUSAND TWENTY DOLLARS ($46,020) of CDBG funds, as described above, from
the County of San Bernardino, the County requires City to submit an Agreement between
the City and FSA to the County.
WHEREAS, the parties enter into this agreement to allow City to comply with the County’s
CDBG funding requirements.
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
of Grand Terrace and FSA hereby agree as follows:
AGREEMENT
Section 1: Services.
A. In accordance with Exhibit “A” and “B” (including all staffing costs, mileage,
equipment, FSA agrees to administer and provide the “Senior Congregate
and Mobile Meal Program” and to provide “Senior Center Coordinator”
services, as more fully described in Exhibits “A” and “B,” and incorporated
herein. For all Services performed by FSA pursuant to this Agreement from
July 1, 2023, to January 10, 2024, City and FSA mutually agree that
payment of FSA for performance of the Services shall be in the maximum
amount of FORTY SIX THOUSAND TWENTY DOLLARS ($46,020) in
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Community Development Block Grant (“CDBG”) funds reimbursed to the
City from the County related to the Services as described by Exhibit “A” and
“B”, incorporated herein.
B. Prior to City’s payment to FSA for any Services performed by FSA for which
FSA is seeking payment, FSA shall deliver receipts for all eligible
expenditures to the City. Expenditure reports shall be documented with
"audit ready" supportive evidence of each expenditure and proof of
payment. Payments shall be limited to the total approved, properly
documented expenditures. All payment requests must be submitted no
later than 30 days after the expiration of this Agreement. Requests received
after said 30-day period shall be considered non-compliant and not eligible
for payment under the terms of this Agreement. FSA shall submit a final
request for payment for the program year no later than July 31, 2024. Any
balance remaining on this project after that date will be reprogrammed.
C. FSA shall further complete and submit to the City any necessary
documentation that the City in its sole and absolute discretion may require,
including, without limitation, documentation reflecting program activity for
the term wherein Services were performed as may be necessary.
Section 2. Independent Contractor. It is the express intention and
understanding of the parties hereto that FSA will act as an independent contractor
and not an employee or agent of City. Nothing in this Agreement shall be
interpreted or construed as creating or establishing a relationship of employer or
employee between FSA and City. Both parties acknowledge that FSA is not an
employee for State tax, Federal tax, or any other purpose.
Section 3. Term. Unless earlier terminated in accordance with this Agreement,
the term of this Agreement shall commence July 1, 2023 and end June 30, 2024.
Section 4. Termination. City shall have the right to terminate this Agreement,
with or without cause, upon twenty (20) days prior written notice to FSA. City shall
have no liability for any claims or damages resulting to FSA as a result of any
exercise by City of its right to terminate this Agreement. In addition, the FSA
reserves the right to terminate this Contract at any time, with or without cause,
upon sixty (60) days’ written notice to City, except that where termination is due to
the fault of the City, the period of notice may be shortened to twenty (20) days
written notice. Upon receipt of any notice of termination by the City, FSA shall
C.9.b
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immediately cease all services hereunder except such as may be specifically
approved by the City. Except where the FSA has initiated termination, the FSA
shall be entitled to compensation for all services rendered prior to the effective
date of the notice of termination and for any services authorized and approved by
the City in accordance with compensation provided in this Agreement.
Section 5. Compliance with Laws and Regulations. FSA shall comply with all
applicable federal, state and local laws, regulations and ordinances. By executing
this Agreement, FSA hereby certifies that it will adhere to and comply with the
following as they may be applicable to a subrecipient of funds granted pursuant to
the Housing and Community Development Act of 1974, as amended (the “Act”):
A. The Housing and Community Development Act of 1974, as amended, and
the regulations issued thereto;
B. Section 3 of the Housing and Urban Development Act of 1968, as amended;
C. Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations at 41 CFR Chapter 60;
D. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR Part 107;
E. Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended, and
implementing regulations;
F. The Age Discrimination Act of 1975 (PL 94-135), as amended, and
implementing regulations;
G. The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisitions
Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
H. The labor standard requirements as set forth in 24 CFR Part 570, Subpart
K and I-IUD regulations issued to implement such requirements;
I. Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control and abatement of
water pollution;
J. The flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (PL 93-234);
C.9.b
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K. The regulations, policies, guidelines and requirements of 24 CFR Part 85
“Common Rule,” OMB Circular Nos. A-87, A-21, A-110, A-122 and A-133
as they relate to the acceptance and use of federal funds under the
federally-assigned program;
L. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing
regulations issued at 24 CFR Part I;
M. Title VIII of the Civil Rights Act of 1968 (PL-90-284) as amended; and
N. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to
the Lead-based Paint Poisoning Prevention Act (42 USC 4801, et seq.);
O. Uniform Administration Requirements pursuant to 24 CFR 570.502.
P. The FSA shall carry out its activity pursuant to this Agreement in compliance
with all federal laws and regulations described in Subpart K of Title 24 of
the Code of Federal Regulations, except that:
1. FSA does not assume the City’s or County’s environmental
responsibilities described at §570.604; and
2. FSA does not assume the City’s or County’s responsibility for
initiating the review process under the provisions of 24 CFR Pmt 52.
Q. All Uniform Administrative Requirements pursuant to 24 CFR 570.502.
Section 6. Federal Requirements. FSA shall comply with the provisions of
the Act and any amendments thereto and the federal regulations and guidelines
now or hereafter enacted pursuant to the Act. More particularly, FSA is to comply
with those regulations found in 24 CFR 570, Part 84 and Part 85. FSA is to comply
with OMB Circular Nos. A-110, A-87. A-122, and A-133 as applicable, as they
relate to the acceptance and use of federal funds under this Agreement.
Section 7. Program Income. FSA, who is a subrecipient as defined in Section
570.500 (c), shall not retain any program income as defined in Section 570.500 of
Title 24 of the Federal Code of Regulations.
Section 8. Insurance. Without limiting or diminishing FSA’S obligations to
defend, indemnify, or hold the City harmless, FSA shall procure and maintain or
cause to be maintained, at its sole cost and expense, the following insurance
coverages during the term of the Agreement.
C.9.b
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A. Workers’ Compensation:
If FSA has employees as defined by the State of California, FSA shall
maintain statutory Workers’ Compensation Insurance (Coverage A) as prescribed
by the laws of the State of California. Policy shall include Employers’ Liability
(Coverage B) including Occupational Disease with limits not less than $1,000,000
per person per accident. The policy shall be endorsed to waive subrogation in favor
of THE CITY OF GRAND TERRACE and the GRAND TERRACE SENIOR
CENTER.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited
to, premises liability, contractual liability, products and completed operations
liability, personal and advertising injury, and cross liability coverage, covering
claims which may arise from or out of FSA’S performance of its obligation
hereunder. Policy shall name the CITY OF GRAND TERRACE, GRAND
TERRACE SENIOR CENTER, their respective Agencies, Districts, Special
Districts, and Department, their respective directors, officers, employees, elected
or appointed officials, agents or representatives as Additional Insureds. Policy’s
limit of liability shall not be less than $1,000,000 per occurrence combined single
limit. If such insurance contains a general aggregate limit, it shall apply separately
to this agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the
obligations under this Agreement, FSA shall maintain liability insurance for all
owned, non-owned or hired vehicles so use in any amount not less than
$1,000,000 per occurrence combined single limit. If such insurance contains a
general aggregate limit, it shall apply separately to this agreement or be no less
than two (2) times the occurrence limit. Policy shall name the CITY OF GRAND
TERRACE, GRAND TERRACE SENIOR CENTER, their respective Agencies,
Districts, Special Districts, and Departments, their respective directors, officers,
employees, elected or appointed officials, agents or representatives as Additional
Insureds.
D. General Insurance Provisions – All Lines:
C.9.b
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1. Any insurance carrier providing insurance coverage hereunder shall
be admitted to the State of California and have a A M BEST rating of
not less than A: VIII (A:S) unless such requirements are waived, in
writing, by the City Attorney. If the City Attorney waives a requirement
for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
2. FSA shall cause FSA’S insurance carrier(s) to furnish the City with
either 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as
required herein, and 2) if requested to do so orally or in writing by the
City, provide original Certified copies of policies including all
Endorsements and all attachments thereto, showing such insurance
is in full force and effect. Further, said Certificate(s) and policies of
insurance shall contain the covenant of the insurance carriers(s) that
thirty (30) days written notice shall be given to the City prior to any
material modification, cancellation, expiration or reduction in
coverage of such insurance. In the event of a material modification,
cancellation, expiration, or reduction in coverage, this Agreement
shall terminate forthwith, unless the City receives, prior to such
effective date, another properly executed original Certificate of
Insurance and original copies of endorsements or certified original
policies, including all endorsements and attachments thereto
evidencing coverage’s set forth herein and the insurance required
herein is in full force and effect. FSA shall not commence operations
until the City has been furnished original Certificate(s) of Insurance
and certified original copies of endorsements and if requested,
certified original policies of insurance including all endorsements and
any and all other attachments as required in this Section. An
individual authorized by the insurance carrier to do so on its behalf
shall sign the original endorsements for each policy and the
Certificate of Insurance.
3. If, during the term of this Agreement or any extension thereof, there
is a material change in the Services; or, there is a material change in
the equipment to be used in the performance of the Services which
will add additional exposures (such as the use of) aircraft, watercraft,
cranes, etc.); or, the term of this Agreement, including any
C.9.b
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extensions thereof, exceeds five (5) years the City reserves the right
to adjust the types of insurance required under this Agreement and
the monetary limits of liability for the insurance coverage’s currently
required herein, if; in the City Attorney’s reasonable judgment, the
amount or type of insurance carried by the sponsor has become
inadequate.
4. FSA shall pass down the insurance obligations contained herein to
all tiers of subcontractors working under this Agreement.
5. The insurance requirements contained in this Agreement may be
met with a program(s) of self-insurance acceptable to the City.
6. FSA agrees to notify City of any claim by a third party of any incident
or event that may give rise to claim arising from the performance of
this Agreement.
Section 9. HUD Indemnity. FSA shall defend, indemnify, and hold harmless
the County of San Bernardino and City, their respective elected and appointed
officials, officers, employees and agents against any liability, claims, losses,
demands, and actions incurred by the County of San Bernardino and City as a
result of the determination by the U.S. Department of Fair Housing and Urban
Development (“HUD”) or its successor that activities undertaken by FSA under the
program(s) (including, but not limited to, FSA’s performance of any Services prior
to or after the date of this Agreement) fail to comply with any laws, regulations or
policies applicable thereto or that any funds billed by and disbursed to FSA under
this Agreement were improperly expended. This indemnity shall survive and
extend beyond the term or termination of this Agreement.
Section 10. Indemnity. FSA shall defend, indemnify, and hold harmless the
County of San Bernardino and the City, their respective elected and appointed
officials, officers, employees and agents from and against any and all actions,
damages, losses, judgments, causes of action and/or liability imposed or claimed
relating to the injury or death of any person or damage to any person or property,
and pay all costs including attorney’s fees, costs, and other legal expenses, arising
directly or indirectly from any act or omission of FSA or its consultants or
subcontractors in performing Services hereunder (including, but not limited to,
FSA’s performance of Services prior to or after the date of this Agreement). This
C.9.b
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indemnity shall survive and extend beyond the term or termination of this
Agreement.
Section 11. Prohibition Against Conflicts of Interest.
A. FSA and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the
CDBG regulations prohibiting conflicts of interest contained in 24 CFR
570.611, by this reference incorporated herein.
B. FSA understands and agrees that no waiver or exception can be granted to
the prohibition against conflict of interest except upon written approval HUD
pursuant to 24 CFR 570.611(d). Any request by FSA for any exception shall
first be reviewed by City to determine whether such request is appropriate
for submission to HUD.
C. Prior to any funding under this Agreement, FSA shall provide City with a list
of all employees, agents, consultants, officers and elected and appointed
officials who are in a position to participate in a decision-making process,
exercise any functions or responsibilities, or gain inside information with
respect to the CDBG activities funded under this Agreement. FSA shall also
promptly disclose to City any potential conflict, including even the
appearance of conflict, that may arise with respect to the CDBG activities
funded under this agreement.
D. Any violation of this section shall be deemed a breach of this Agreement
and shall be ground for immediate termination by the City.
Section 12. Religious Activities. Under federal regulations, CDBG assistance
may not be used for inherently religious activities or provided to primarily religious
entities for any activities including secular activities. FSA shall adhere to the
restrictions set forth in 24 CFR 570.200(j), by this reference is incorporated herein.
Section 13. Lobbying. FSA certifies to the best of its knowledge and belief, that:
A. No federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress
in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
C.9.b
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cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer to
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with it instructions.
C. The undersigned shall require that the language of this certification be
included in the award document for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Section 14. Entire Agreement/Modification. This Agreement represents the
entire Agreement of the parties hereto as to the matters contained herein. Any
modification of this Agreement will be effective only if it is in writing and signed by
the parties hereto.
Section 15. Assignment. This Agreement shall not be assigned without the prior
written consent of City. Any assignment, or attempted assignment, without such
prior consent, shall be null and void and, at the option of City, result in the
immediate termination of this Agreement.
Section 16. Attorney’s Fees and Governing Law. In the event any action is
commenced to enforce or interpret the terms or conditions of the Agreement the
prevailing party shall, in addition to any costs or other relief, be entitled to recover
its reasonable attorney’s fees. This Agreement and any dispute arising hereunder
shall be governed by and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposed of the
parties hereto, and the rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not be employed in interpreting this
C.9.b
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Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
Section 17. Jurisdiction and Venue. Any action at law or in equity arising
under this Agreement or brought by a party hereto for the purpose of enforcing,
construing or determining the validity of any provision of this Agreement shall be
filed in a court of competent jurisdiction in the County of San Bernardino, State of
California, and the parties hereto waive all provisions of law providing for the filing,
removal or change of venue to any other court or jurisdiction.
Section 18. Program Reporting. FSA agrees to prepare and submit financial,
program progress, and other reports as required by HUD or the County of San
Bernardino and/or City accounts as are considered necessary by HUD or the
County of San Bernardino and/or City to assure proper accounting for all Contract
funds. All FSA records, with the exception of confidential client information, shall
be made available to representatives of the County of San Bernardino and/or City
and the appropriate federal agencies. FSA is required to submit data necessary to
complete the Annual Grantee Performance Report in accordance with HUD
regulations in the format and at the time designated by the City’s Community
Development Director or his/her designee. By the 30th of each month, FSA shall
submit a completed “Monthly Program Progress Report.” FSA shall also provide
to City any necessary documentation that the City in its sole and absolute
discretion may require, including, without limitation, documentation necessary for
completion of the Annual Grantee Performance Report.
Section 19. Applicability of Agreement. In consideration of the intent of the
parties to memorialize the parties understanding of the terms of their agreement,
all uses of the present tense shall be interpreted to apply to the term of the
Agreement. With the exceptions of Sections 9, 10, 11, and any other section of
this Agreement expressly stating otherwise, which obligations shall not terminate,
the terms and conditions of this Agreement shall only apply during the term of this
Agreement.
Section 20. Waiver. Failure by a party to insist upon the strict performance of
any of the provisions of this Agreement by the other party, or the failure by a party
to exercise its rights upon the default of the other party, shall not constitute a waiver
of such party’s right to insist and demand strict compliance by the other party with
the terms of this Agreement thereafter.
C.9.b
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Section 21. Severability. Each section and provision of this Agreement is
severable from each other provision, and if any provision or part thereof is declared
invalid, the remaining provisions shall nevertheless remain in full force and effect.
Section 22. Counterparts. This Agreement may be signed by the different
parties hereto in counterparts, each of which shall be an original but all of which
together shall constitute one and the same agreement.
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CITY OF GRAND TERRACE
Konrad Bolowich Date
City Manager
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
FAMILY SERVICES ASSOCIATION
Judith Wood, Date
President & CEO
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EXHIBIT A
SENIOR CONGREGATE AND MOBILE MEAL PROGRAM
SERVICES:
For program year 2023-2024 the City of Grand Terrace will contract with Family Services
Association (FSA) to provide, Senior Congregate and Mobile Meal Program and a Senior
Services Coordinator. The Senior Congregate and Mobile Meal Program will serve
congregate meals, to low-and moderate-income seniors and home delivered meals to
seniors who are homebound by reason of illness, incapacity, disability, and lack of
transportation, residing in the City of Grand Terrace. Approximately 150 seniors will have
increase access to nutritional meals programs. The Senior Services Coordinator will
manage the Senior programs at the Grand Terrace Senior Center, which include, but are
not limited to: social activities, educational classes, exercise classes, arts & crafts
classes, health insurance counseling, home energy assistance, fresh produce program,
health screenings, game nights, karaoke and transportation. The Senior Services
Coordinator will serve approximately 188 low-and moderate-income seniors in the City of
Grand Terrace.
UNITS OF SERVICE:
Units of Service shall be reported on Monthly Program Progress/Direct Benefit Report,
Exhibit 4, Part 1, monthly. Each senior attending a Senior Service Program activity, one
meal counts as an activity, provided by the Family Service Association, shall count as 1
unit of service.
TIME OF PERFORMANCE: July 1, 2023 through June 30, 2024
PROGRAM PARTICIPANT PERFORMANCE STANDARDS:
CDBG Activity: Senior Congregate and Mobile Meal Program and Senior Service
Coordinator Program Activities.
Measurable Outcome: Approximately 150 seniors will have increased access to
nutritional meal programs. Approximately 188 seniors from the Grand Terrace Area will
receive Coordinate Senior Center Services.
In addition to units of service, the City of Grand Terrace will report unduplicated client
counts on the Monthly Program Progress/Direct Benefit Report, Exhibit 4, Part II.
OPERATIONS:
The FSA Senior Congregate Meal Program and the Coordinated Senior Services will be
operated at the Grand Terrace Senior Center, located at 22627 Grand Terrace Rd., Grand
Terrace, the FSA Mobile Meal Program will operate as meals delivered to home bound
seniors that reside in the City of Grand Terrace. The FSA administration office is located
at 21250 Box Springs Rd., Suite 212, Moreno Valley, CA 92557.
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EXHIBIT B
CONSOLIDATED PLAN
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Thirtieth Amendment to Law Enforcement Services Contract
No. 94-797 with the County of San Bernardino to Provide
Law Enforcement Services for Fiscal Year 2023-24 to the
City of Grand Terrace
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve the Thirtieth Amendment to Law
Enforcement Services Contract No. 94-797 with the County
of San Bernardino to provide Law Enforcement Services
from the Sheriffs’ Department for Fiscal Year 2023-24; and
2. Authorize the City Manager to execute the contract,
subject to City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports the following goals:
• Goal #1, “Ensuring Our Fiscal Viability,” through the continuous monitoring of
expenditure budgets, allocations, and operational costs; and
• Goal #2, “Maintaining Public Safety,” by ensuring adequate staff levels for police
services for our Community.
BACKGROUND:
Since incorporation, the City has contracted with the County of San Bernardino for law
enforcement services provided through the San Bernardino County Sheriff's Department
(Exhibit 1 – Original Public Safety Services Contract). Each fiscal year, cities that
contract for law enforcement services are required to approve a contract amendment
that specifies the level of services for that fiscal year (Exhibit 2 - Schedule "A").
DISCUSSION:
As stated in the original 94-797 contract, law enforcement duties to the City shall
include:
• enforcement of state statutes;
• enforcement of city ordinances;
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• traffic enforcement;
• specialized enforcement such as arson, homicide, juvenile, and narcotics
enforcement;
• and attendance at City meetings.
These services shall be provided by the County personnel as specified in the attached
Proposed Schedule “A.”
The City will continue staffing level and hours worked by Sheriff staff as estimated in the
table below:
Table 1
Personnel
Level of
Service
Hours
Per Week
Annual
Hours
Lieutenant 0.21 7.5 390.0
Sergeant 0.90 32.5 1,690.0
Detective/Corporal 0.56 20.0 1,040.0
Deputy Sheriff Tier 2 5.76 208.0 10,816.0
Office Specialist 1.26 45.0 2,340.0
Sheriff’s Service
Specialist 0.14 5.0 260.0
Dispatchers 0.94 30.0 1,560.0
TOTAL 9.77 348.0 18,096.0
The 30th Amendment to this Agreement (proposed FY2023-24 amendment) updates the
cost of law enforcement services that will be provided in FY2023-24 totaling $2,470,303,
an increase of $164,307 (7.125%) from the current year’s cost of $2,305,996. The
below table shows the final annual contract amounts for law enforcement services over
the last five (5) years.
Table 2
City of Grand Terrace
San Bernardino County Sheriff's Department
Annual Contract History
2018-19 2019-20 2020-21 2021-22 2022-23 2023-24
Final Final Final Final Final Proposed
Amount $1,941,702 $2,071,535 $2,207,992 $2,269,316 $2,305,996 $2,470,303
Increase from prior year $129,833 $136,457 $61,324 $36,679 $164,307
Percentage increase 6.687% 6.587% 2.777% 1.590% 7.125%
As this is the County’s proposed amendment at this time, it may be subject to change
once the County’s Board of Supervisors has approved the department’s final personnel
costs.
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FISCAL IMPACT:
The Thirtieth Amendment to the Agreement for law enforcement services is a
contractual obligation of $2,470,303, of which may be subject to change upon approval
of the Board of Supervisors. City staff included a $2,470,303 budget allocation in the
FY2023-24 budget for law enforcement services that was approved by Council on May
23, 2023.
ATTACHMENTS:
• Attachment 1 94-797 Original Public Safety Services Agreement(PDF)
• Attachment 2 - Amendment No. 30 to Contract No. 94-797 (PDF)
APPROVALS:
Konrad Bolowich Completed 05/26/2023 12:40 PM
Adrian Guerra Completed 06/06/2023 9:10 AM
Finance Completed 06/06/2023 9:26 AM
City Manager Completed 06/06/2023 11:15 AM
City Council Pending 06/13/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: Allow Expansion of Membership to the Historical & Cultural
Activities Committee to the Surrounding Cities
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: That the City Council allow its Historical & Cultural Activities
Committee members to assist in recruiting community
members from the surrounding cities to increase its
membership.
2030 VISION STATEMENT:
This staff report supports Goal #4, Develop and Implement Successful Partnerships
BACKGROUND:
The Historical & Cultural Activities Committee (HCAC) is a seven (7) member
committee appointed at-large by the City Council.
In May 2021, all members of the Historical & Cultural Committee submitted their
resignations to the City Council. The City Council then directed the City Clerk to
advertise the vacancies to recruit more community member participation on the
committee.
In June 2021, the recruitment of seven (7) community members was successful and
HCAC was again whole. In June of 2022, several more members HCAC resigned which
left committee membership at four (4) with one (1) more member recruited in December
of 2022 where it stands today.
DISCUSSION:
The current members of HCAC are extremely proud of what they have accomplished
over the last two (2) years with those activities that they provide to the community. They
are also excited about the expansion of the Art Show program to include the youth
through the local middle and high schools of the community and the ability of those
students being able to display their art through the annual show. Some of those
students do not actually live in Grand Terrace however, they participate in a lot of
activities in Grand Terrace which translate to a vested interest in the community with
their families.
Additionally, with the growth of the events that HCAC hosts, expanded membership is
important to the committee as they are only a membership of five (5) which requires
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each of the members to take on more responsibility with each event.
At its meeting on Monday, June 5, 2023, members of HCAC indicated there was
interest in serving on HCAC by several members of the surrounding communities,
however, commissions and committees require participants to reside in the City of
Grand Terrace.
At this time, HCAC members are requesting that the City Council allow membership to
expand to the surrounding cities to help garner more interest in serving on the
committee so that full membership of seven (7) can be achieved and the requirement of
residing in the City of Grand Terrace be waived.
FISCAL IMPACT:
None.
APPROVALS:
Debra Thomas Completed 06/08/2023 11:42 AM
City Manager Completed 06/08/2023 2:31 PM
City Council Pending 06/13/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: June 13, 2023 Council Item
TITLE: First Reading of an Ordinance Amending Municipal Code
15.18.010 - Adoption of the California Fire Code
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: Introduce for first reading with further reading waived AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT ORDINANCE NO. 23-01 AND
REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
2030 VISION STATEMENT:
This staff report supports Goal #2, Maintain Public Safety and Goal #3, Promote
Economic Development by updating the zoning and development codes.
BACKGROUND:
The City of Grand Terrace currently enforces the 2019 California Fire Code as amended
and provided by San Bernardino County Fire Protection District Ordinance No. 20-01.
Every three years the California Building Codes, including the Fire Code, are updated
as recommended by the International Code Council (ICC), the National Fire Protection
Association (NFPA), and amended by the California Building Standards Commission
and local amendments. The City of Grand Terrace currently contracts with the San
Bernardino County Fire Protection District to provide Fire Prevention and Engineering
Services to the City.
On February 28, 2023, the Board of Directors for the San Bernardino County Fire
Protection District (SBCFPD) adopted Ordinance No. FPD 23-01 (“Ordinance”). The
Ordinance adopts the San Bernardino County Fire Protection District Fire Code, which
adopts by reference the 2022 Edition of the California Fire Code, along with certain
changes, modifications, amendments, additions, deletions, and exceptions to the 2022
Edition of the California Fire Code, relating to fire regulations. An amendment to Grand
Terrace Municipal Code (GTMC) 15.18.010 repealing the 2019 California Fire Code and
FPD 20-01 and adopting of the 2022 California Fire Code as amended by FPD
Ordinance 23-01 must take place in order for the City to adopt and enforce the most up
to date Fire Code.
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DISCUSSION:
Staff requests that the City Council introduce for first reading by title only with further
reading waived, Ordinance No. ### repealing and replacing GTMC 15.18.010,
repealing the 2019 California Fire Code and FPD 20-01 whilst adopting the 2022
California Fire Code and FPD Ordinance 23-01.
ECONOMIC IMPACT:
There is no fiscal impact associated with the adoption of this Ordinance. Adoption of the
proposed code amendment will continue saving residents and business hundreds of
thousands of dollars in monetary loss caused by a fire including any associated indirect
costs caused by such incident.
SAFETY IMPACT:
The proposed amendment will continue maintaining life safety by preventing fires in
occupied buildings.
RECOMMENDATION:
Based upon the forgoing, Staff therefore recommends that the City Council introduce for
first public reading with further reading waived Ordinance No. ### repealing and
replacing GTMC 15.18.010 repealing the 2019 California Fire Code and FPD 20-01
whilst adopting the 2022 California Fire Code and FPD Ordinance 23-01 in their
entirety.
ATTACHMENTS:
• Draft Ordinance SBCFPD Fire Code 2022 (PDF)
• (GT) Ordinance Adopting County Fire District Ordinance 23-01, 2022 Fire Code
Update (DOCX)
APPROVALS:
Luis Gardea Completed 06/02/2023 9:21 AM
City Attorney Completed 06/05/2023 2:09 PM
City Manager Completed 06/05/2023 2:14 PM
City Council Pending 06/13/2023 6:00 PM
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ORDINANCE NO. _________
An ordinance of the Board of Directors of the San
Bernardino County Fire Protection District, State of
California, t o repeal San Bernardino County Fire
Protection District Ordinance No. FPD 20-01 and to
adopt the San Bernardino County Fire Protection District
Fire Code, which adopts by reference the 2022 Edition of
the California Fire Code, along with certain changes,
modifications, amendments, additions, deletions, and
exceptions to the 2022 Edition of the California Fire Code,
relating to fire regulations.
The Board of Directors of the San Bernardino County Fire Protection District, State
of California, ordains as follows:
SECTION 1. Ordinance No. FPD 20-01 is repealed.
SECTION 2. This ordinance is hereby adopted as the San Bernardino County Fire
Protection District Fire Code, to read:
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
FIRE CODE
Sections:
1. Findings, Adoption, and Applicability.
2. Amendments to the 2022 California Fire Code.
3. Reserved.
4. Referenced Standards.
5. Conflicting Provisions.
6. Validity and Severability.
7. No Liability or Warranty.
8. Authority - General.
9. Authority at Fires and Other Emergencies.
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10. Authority to Inspect, Issue Notices and Administrative Citations or
Abate a Hazardous Condition.
11. Closure of Public and Private Lands.
12. Interference Unlawful.
13. Official Records.
14. Permits Required.
15. Fees.
16. Applications and Permits – Abandonment, Period of Validity,
Expiration and Extensions.
17. Permits not Transferable.
18. Permit Revocation.
19. Operation or Construction Without a Permit or With an Expired or
Revoked Permit.
20. Issuance of Stop Work Orders.
21. Failure to Comply with a Stop Work Order.
22. Service of Notices and Orders.
23. Tampering with Notices, Orders or Seals Unlawful.
24. Overcrowding Unlawful.
25. Obstructed Egress Unlawful.
26. Open Fires and Other Outdoor Fires.
27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.
28. Prohibited Storage of Flammable and Combustible Liquids.
29. Prohibited Bulk Storage of Liquefied Petroleum Gases.
30. Prohibited Storage of Flammable Cryogenic Fluids.
31. Transport Vehicles and Trailers Storing Hazardous Materials.
32. Shared Emergency and Fire Apparatus Access Roads.
33. Violations - General.
34. Continuing Violations.
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35. Acts Including Causing, Aiding and Abetting.
36. Enforcement – Purpose and Remedies.
37. Enforcement Remedies and Penalties are Cumulative and
Discretionary; Not Exclusive.
38. Criminal Actions.
39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest.
40. Civil Actions.
41. Administrative Citations and Penalties - General.
42. Administrative Citations and Penalties – Dangerous Fireworks and
Unlawful Use of Safe & Sane Fireworks.
43. Administrative Penalties – Egregious Violations.
44. Administrative Remedies and Penalties For Nuisance Fire Alarms.
45. Appeal of Administrative Citations.
46. Recording of a Notice of Pendency.
47. Filing Notice of Action.
48. Public Nuisance Abatement of Fire Hazards.
49. Board of Appeals – Code Application and Interpretations.
50. Cost Recovery.
51. Treble Damages.
1. Findings, Adoption, and Applicability.
(a) FINDINGS. The Board of Directors of the San Bernardino County Fire
Protection District hereby finds as follows:
(1) The California Fire Code, 2022 Edition, adopts and amends
portions of the 2021 International Fire Code, which International Code is nationally
recognized compilations of proposed rules, regulations, and standards of the
International Code Council, Inc.
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(2) That said California Fire Code, which includes the portions of the
International Fire Code that have been adopted and amended by the State of
California, has been printed and published as a code in book form within the meaning of
Section 50022.2 et seq. of the California Government Code. That said California Fire
Code and the International Fire Code have been printed and published as a code in book
form within the meaning of Section 50022.2 et seq. of the California Government Code.
(3) That the sections and subsections of said California Fire Code and
the International Fire Code may be referred to by the number used in said published
compilation preceded by the words “California Fire Code Section,” “Fire Code Section” or
“Subsection” and may also be referred to by additional reference to the Ordinances of the
San Bernardino County Fire Protection District and sections therein pertaining to said
California Fire Code and International Fire Code.
(4) That California Health and Safety Code Section 13869 et seq.
provides, in pertinent part, that a Fire Protection District may make such changes or
modifications to the provisions published in the California Building Standards Code and
other regulations adopted pursuant to Section 17922 as it determines are reasonably
necessary because of local climatic, geological and topographical conditions.
(5) That the additional requirements and standards established herein
are needed to properly protect the health, safety, and welfare of the existing and future
residents, workers and visitors of the San Bernardino County Fire Protection District. Said
additional requirements and standards are reasonably necessary because of local
climatic, geological, and topographical conditions described herein. The finding in this
subsection (a)(5) is based upon the express findings and determinations on the proposed
amendments to the Code identified herein and on file with the Building Standards
Commission.
(6) Local Climatic Conditions.
(A) The District is subject to extremely strong winds, commonly
known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour.
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Extensive damage frequently accompanies these winds, such as blowing sand and
debris, downed power lines, fallen trees, overturned vehicles and structural damage to
buildings. These conditions result in increased demand for fire services, blocked or
delayed emergency vehicle access and impaired water supplies and building emergency
systems.
(B) During the summer months, the Santa Ana Winds produce
periods of extremely low humidity, thereby reducing the fuels moisture and increasing the
possibility and severity of fire from dry vegetation and other common combustibles.
(C) During the summer months, much of the District experiences
prolonged periods of temperatures in excess of 100°F. When coupled with sustained
severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
(D) During the winter months, heavy rains routinely cause
damage to roadways rendering them completely impassible, or with limited access,
sometimes for extended periods.
(E) During winter months, heavy snow and ice conditions exist in
the mountain areas resulting in increased demand for fire services and limiting or delaying
emergency vehicle access. In some cases, emergency vehicle access roads are
completely impassible, or have limited access, sometimes for extended periods.
(7) Local Geological Conditions.
(A) The District is subject to moderately strong to severe shaking
and surface ruptures resulting from numerous known earthquake faults located
throughout the District. These local earthquake faults have the potential to cause severe
personal and property damage, utility interruptions, fire hazards and hazardous materials
releases. Additionally, significant roadway, bridge structure, water supply and
communications systems are subject to failure, thereby causing a detriment to emergency
services response.
(B) Unstable slopes in several areas throughout the District have
experienced soil movement as a result of heavy or soaking rains, resulting in damage to
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roadways, structures and utilities.
(C) Some desert areas of the District have limited aquifers,
exceptionally deep aquifers or aquifers providing only brackish or contaminated water
supplies. This limits, or in some cases eliminates, water supplies available for firefighting
purposes.
(D) The District has many areas with rich deposits of minerals
resulting in the presence of many subsurface and strip mining operations. These
operations pose special problems due to confined access and large quantities of fuels
and explosive materials.
(8) Local Topographical Conditions.
(A) The District encompasses an exceptionally large
geographical area with limited access routes connecting valley, mountain and desert
areas. This distance, combined with these limited access routes, results in delays in the
reallocation of resources to emergency scenes.
(B) The topography of the District is exceptionally diverse,
ranging from relatively flat desert and valley areas, to foothill areas, canyon areas and
steep mountainous areas. This results in some areas that are inaccessible to radio
communications, which hampers emergency response capabilities.
(C) The large geographical area and diverse topography of the
District results in numerous water purveyors and water pressure zones throughout the
response areas. This results in many areas having limited, unreliable or unavailable water
supplies available for firefighting purposes.
(D) The District is traversed by several State and Interstate
highways, which provide for limited under or over crossing access points for emergency
vehicles to cross to adjacent areas. These highways also restrict the ability of the local
water supply grids to provide water from multiple points to all areas and necessitates the
use of dead-end water mains in many areas adjacent the highways.
(E) The District is traversed by two major active railroad main rail
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systems. These rail systems are used for both commuter and large freight trains, including
the transportation of large quantities of hazardous materials. These rails provide for
limited under or over crossing access points for emergency vehicles to cross to adjacent
areas. Emergency vehicles experience frequent delays at grade crossings until
passenger and/or lengthy freight trains clear the grade crossings.
(F) Due to the size and topography of the District, it is traversed
by several high voltage electrical transmission lines which cross over inaccessible desert
and foothill brush-covered areas, as well as and heavily forested steep mountain areas.
High winds have caused damage to these lines, resulting in vegetation fires. Access to
many of these areas is unavailable to vehicles, making response to these fires unusually
difficult.
(G) Several large, high-pressure natural gas transmission lines
traverse the District to transport natural gas at pressures exceeding 500 p.s.i. These lines
pass through, under or over steep terrain and wildfire prone areas and are also subject
to damage due to flooding or seismic events.
(H) Several large petroleum product pipelines cross the District to
transport large quantities of gasoline, diesel fuel and jet fuels under extremely high
pressures. While generally underground, these pipelines pass through, under or over
steep terrain and wildfire prone areas and overhead at several overpasses located over
thoroughfares and waterways. Damage to these pipelines has been experienced during
rail accidents and flooding conditions. Additionally, these pipelines and their pumping and
valve stations are subject to damage from seismic events.
(9) These local climatic, geological and topographical conditions found
herein together present increased hazard potentials that create a reasonable necessity
for the San Bernardino County Fire Protection District to establish more restrictive building
and fire protection standards, as well as to prevent and discourage egregious and other
fire safety violations where the public is at higher risk.
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(b) ADOPTION OF THE 2022 CALIFORNIA FIRE CODE. The Board of
Directors of the San Bernardino County Fire Protection District hereby adopts the 2022
Edition of the California Fire Code (sometimes referred to herein as 2022 California Fire
Code, California Fire Code, or CFC), also known as Part 9 of Title 24 of the California Code
of Regulations (which California Fire Code adopts and amends portions of the 2021
International Fire Code), and Appendices as compiled and published by the International
Code Council. The 2022 Edition of the California Fire Code is on file with the Secretary of
the Board.
(c) APPLICABILITY. The provisions of the CFC, subsequent amendments,
California Fire Code Appendices, and referenced standards shall be collectively known
as the San Bernardino County Fire Protection District Fire Code. The San Bernardino
County Fire Protection District Fire Code shall be applicable in all areas of San Bernardino
County within the San Bernardino County Fire Protection District, or in any political
subdivision or district that contracts with the San Bernardino County Fire Protection
District for fire protection and prevention services, and in those other cities, towns and
districts that ratify this ordinance pursuant to California Health and Safety Code section
13869.7.
2. Amendments to the 2022 California Fire Code
The 2022 California Fire Code, also known as Part 9 of Title 24 of the California
Code of Regulations, is hereby amended as follows:
(a) The following sections of Chapter 1 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 105.5.4A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.4A Battery and other energy storage systems. An operational permit is
required for a battery system or electrical energy storage system as regulated by section
1207 of the California Fire Code.
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Exception: This Section does not apply to systems in R-3
occupancies.
(2) Section 105.5.17A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.17A Fixed hood and duct extinguishing systems. An operational permit
is required to utilize commercial cooking appliances, as defined in Section 606, with a
Type I hood and an automatic fire extinguishing system as required by section 904.13.
(3) Section 105.5.34 of the California Fire Code is amended, to read:
105.5.34 Open Fires. An operational permit is required for the kindling or
maintaining of an open fire as defined in Section 202, on any public street, alley, road, or
other public or private ground, in accordance with Section 26.
Exception: Recreational fires and barbecues fueled solely by LP-
gas or natural gas.
(4) Section 105.5.36 of the California Fire Code is amended, to read:
105.5.36. Open flames in assemblies. An operational permit is required to use
open flames in connection with assembly areas, dining areas of restaurants or drinking
establishments.
Exception: Candles and small-open flame decorative devices in
accordance with Section 308.
(5) Section 105.5.38 of the California Fire Code is amended, to read:
105.5.38 Outdoor assemblies. An operational permit is required to conduct an
outdoor assembly, temporary use or other special event where planned attendance
exceeds 200 persons per day.
(6) Section 105.5.38A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.38A Pallet Yards. An operational permit is required to store combustible
pallets at pallet manufacturing and/or recycling facilities.
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(7) Section 105.5.51 of the California Fire Code is amended, to read:
105.5.51 Waste handling and wrecking yards. An operational permit is required
for the operation of automobile wrecking yards, junk yards, combustible waste material or
combustible recycled material handling facilities.
(8) Section 105.5.52 of the California Fire Code is amended, to read:
105.5.52 Wood, manure and organic product storage. An operational permit is
required to store or process wood chips, hogged material, lumber, plywood, manure,
compost or other combustible organic products in excess of 200 cubic feet (6 m3).
(9) Section 105.6.3A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.3A Dust Collection Systems. A construction permit is required for the
installation or modification of Dust Collection System as regulated by Chapter 22.
(10) Section 105.6.3B is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.3B Electrified Security Fence. A construction permit is required for
installation of or modification to an electrified security fence. Maintenance performed in
accordance with this code is not considered to be a modification and does not require a
permit.
(11) Section 105.6.17 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.17 Plant Extraction Systems. A construction permit is required for
installation of or modification to plant extraction systems. Maintenance performed in
accordance with this Code is not considered to be a modification and does not require a
permit.
(12) Section 105.6.18 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
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105.6.18 Private Fire Hydrants. A construction permit is required for installation
of or modification to private fire hydrants. Maintenance performed in accordance with this
Code is not considered to be a modification and does not require a permit.
(13) Section 105.6.18A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.18A Refrigeration Unit or System. A construction permit is required to
install or modify a mechanical refrigeration unit or system regulated by Section 605.
(14) Section 105.6.19 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.19 Smoke Control or Smoke Exhaust Systems. Construction permits are
required for installation of or alteration to smoke control or smoke exhaust systems.
Maintenance performed in accordance with this code is not considered to be an alteration
and does not require a permit.
(b) The following definitions in Chapter 2, Section 202 of the California Fire
Code are amended, by adding or amending the following definitions, as follows:
AGRICULTURAL BURNING. The open burning of waste vegetation produced by
the growing or harvesting of crops in agricultural operation.
ALL WEATHER DRIVING SURFACE. Concrete, asphalt, or any other surface,
as determined by a qualified engineer licensed by the State of California, to adequately
support the imposed load of a fire apparatus and meets the intent of this Code.
BARBECUE GRILL. (Also known as a barbeque or BBQ). A portable or fixed
device, constructed of non-combustible material, for the primary purpose of cooking food
over a liquefied petroleum-, natural gas-, wood- or charcoal-fueled fire.
BARBECUE PIT. A trench or depression in the ground in which wood or other
clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking.
BONFIRE. An outdoor open fire having a total fuel area greater than 3 feet in
width, length or diameter or 2 feet in height, and is used for pleasure, religious,
ceremonial, cooking, warmth or other similar purposes.
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DEPARTMENT. Department includes the San Bernardino County Fire Protection
District and any other recognized fire department or agency.
DISTRICT. The San Bernardino County Fire Protection District.
DRIVEWAY. A privately owned, vehicular access road having a minimum
unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, Division
3 or accessory Group U occupancies.
FIRE CHIEF/FIRE WARDEN. The chief officer of the San Bernardino County Fire
Protection District, or a duly authorized representative.
FIRE CODE OFFICIAL. The Fire Chief/Fire Warden of the San Bernardino County
Fire Protection District or a duly authorized representative charged with the administration
and enforcement of this Code.
OPEN BURNING. Opening burning shall have the same meaning as Open Fire
as defined in this Section.
OPEN FIRE. Any outdoor fire including the open burning of a solid fuel, such as
a barbecue grill, barbecue pit, bonfire, recreational fire, agricultural burning or residential
burning, wherein products of combustion are emitted directly into the ambient air without
passing through a stack or chimney from an enclosed chamber, as regulated by Section
26 of this Code. Open burning does not include road flares, smudge pots, and other
similar devices associated with safety or occupational uses or the use of portable
outdoor fireplaces or outdoor ovens.
PERSON. Individuals, businesses, general partnerships, limited partnerships,
joint ventures, corporations, trust, concern, organization, state and local government
entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid,
and every other legal entity or association having legal obligations subject to the
provisions of this Code.
PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-, liquid-, or gas
fuel burning fireplace constructed of steel, concrete, clay or other non-combustible
materials and specifically designed for the containment of fire. A portable outdoor
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fireplace may have an open design or may have a small hearth opening with a short
chimney or opening in the top.
RECREATIONAL FIRE. An outdoor open fire burning clean materials other than
rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace,
portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal
to or less than 3 feet in width, length or diameter and 2 feet in height for pleasure, religious,
ceremonial, cooking, warmth or other, similar purposes. Recreational fires also include
any campfire or fire ring.
RESIDENTIAL BURNING. The open burning of waste vegetation, tree and yard
trimmings or similar for disposal on residential privately-owned property. For the
purposes of this Code, Residential Burning shall also include the burning of similar items
at commercial properties and on vacant properties.
STAND ALONE RESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An
approved fire sprinkler system, that conforms to Section 903.3.1.1. 903.3.1.2, or 903.3.1.3
of this Code, NFPA standards 13 R or 13 D, and San Bernardino County Fire Protection
District Fire Prevention Standards, and is supplied by a water source independent from a
municipal water distribution system.
WILDFIRE RISK AREA. Land that is covered with flammable/combustible
vegetation, whether privately or publicly owned, which is so situated or is of such
inaccessible location that a fire originating upon it would present an abnormally difficult
job of suppression or would result in great or unusual damage through fire. For the
purposes of this Code, the following areas shall be a Wildfire Risk Area: (1) any land
located within a Fire Safety Overlay or Fire Hazard Overlay as identified in the San
Bernardino County Development Code or in the ordinances or municipal code of an
incorporated City within the District; (2) a Very High Fire Hazard Severity Zone as
designated by the California Department of Forestry and Fire Protection (Cal FIRE,); or
(3) a No Fireworks Zone.
(c) The following sections of Chapter 3 of the San Bernardino County Fire
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Protection District Fire Code are added or amended, as follows:
(1) Section 305.3 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
305.3 Open-flame warning devices. Open-flame warning devices shall not be
used along an excavation, road or any other place where the dislodgment of such device
may permit the device to roll, fall or slide onto any area or land containing combustible
materials.
Exception: This section shall not apply to public safety personnel
acting in the performance of their duties.
(2) Section 305.6 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
305.6 Spark arrestors. Each chimney used in conjunction with a fireplace,
portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall
be maintained with an approved spark arrester. The spark arrester shall have heat and
corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge
stainless steel. Openings shall not permit the passage of spheres having a diameter
larger than one-half inch (13 mm) maximum and shall not block the passage of spheres
having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted
in or over all outside flue openings in a vertical or near vertical position, adequately
supported to prevent movement and shall be visible from the ground. All spark arrestors
shall be accessible and removable for cleaning.
(3) Section 308.1 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
308.1 General. Notwithstanding any other provision of this Code, open flames,
fire and burning on all premises shall be in accordance with Section 26 of this Code and
Title 19 CCR Sections 3.25(a) and (b).
(4) Section 308.1.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
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308.1.3 Use of torches. Torches and other flame-producing devices shall not be
used to remove paint from any structure or weeds from any premises. Notwithstanding
any other provision of this Code, persons utilizing a torch or other flame-producing device
for melting asphalt or for welding or cutting shall provide a minimum of one portable fire
extinguisher complying with Section 906 and with a minimum of a 4-A rating, or two
portable fire extinguishers, each with a minimum of a 2-A rating, or a water hose
connected to a working water source. The person conducting the burning or asphalt
melting shall remain at the location for a minimum of one hour after the torch or flame-
producing device is utilized.
(5) Section 308.1.4 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.4 Open-Flame Cooking Devices. Charcoal burners, barbecues,
and other open-flame cooking devices shall be in accordance with Section 26 of this
Code.
(6) Section 308.1.6 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6 Open-flame devices. Torches and other devices, machines or processes
liable to start or cause fire shall not be operated or used in or upon Wildfire Risk Areas,
except by a permit in accordance with Section 105 secured from the fire code official.
Exception: Use within inhabited premises or designated campsites
that are not less than 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered
areas.
(7) Section 308.1.6.1 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6.1 Signals and markers. Flame-employing signaling devices, such flare
guns, lanterns, or road flares shall not be operated or used as a signal or marker in or
upon Wildfire Risk Areas.
Exception: The proper use of fusees at the scene of emergencies
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or as required by standard railroad operating procedures.
(8) Section 308.1.6.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6.3 Sky lanterns Prohibited. The release or the failure to prevent the
release of sky lanterns into the air without an effective means of control is prohibited within
the jurisdiction of the San Bernardino County Fire Protection District.
Exception: Sky lanterns used for scientific or research purposes
when reasonable precautions are made to prevent loss of control or the ignition of
surrounding combustibles. Persons releasing Sky Lanterns used for scientific or research
purposes shall first submit a plan outlining the scientific or research purpose and shall
obtain a permit and specific conditions from the fire code official.
(9) Section 308.2 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
308.2 Permits required. Permits shall be obtained from the fire code official in
accordance with Section 105.6 prior to engaging in the following activities involving open
flames:
1. Use of open flames in connection with assembly occupancies.
Exception: The use of candles.
2. Use or operation of open flames, torches or other devices, machines
or processes liable to cause fire in or upon Wildfire Risk Areas.
(10) Sections 309.1-309.7 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 309
POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
309.1 General. Powered industrial trucks and similar equipment including, but not
limited to, floor scrubbers and floor buffers, shall be operated and maintained in
accordance with Section 309.2 through 309.7.
309.2 Use in hazardous (classified) locations. Powered industrial trucks used
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in areas designated as hazardous (classified) in accordance with the California Electrical
Code shall be listed and labeled for use in the environment intended in accordance with
National Fire Protection Association Standard 505.
309.3 Battery chargers. Battery chargers shall be of an approved type.
Combustible storage shall be kept not less than 3 feet (915 mm) from battery chargers.
Battery charging shall not be conducted in areas accessible to the public.
309.4 Ventilation. Ventilation shall be provided in an approved manner in battery-
charging areas to prevent a dangerous accumulation of flammable gases.
309.5 Fire extinguishers. Battery-charging areas shall be provided with a fire
extinguisher complying with Section 906 having a minimum 4-A:20-B:C rating within 20
feet (6096 mm) of the battery charger.
309.6 Refueling. Powered industrial trucks using liquid fuel, LP-gas or hydrogen
shall be refueled outside of buildings or in areas specifically approved for that purpose.
Fixed fuel dispensing equipment and associated fueling operations shall be in accordance
with Chapter 23. Other fuel-dispensing equipment and operations, including cylinder
exchange for LP-gas-fueled vehicles, shall be in accordance with Chapter 57 for
flammable and combustible liquids or Chapter 61 for LP-gas.
309.7 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing
open flame or welding shall be done in approved locations outside of buildings or in areas
specifically approved for that purpose.
(11) Sections 311.1- 311.4 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
311.1 General. Temporarily unoccupied buildings, structures, premises, or
portions thereof, including tenant spaces, shall be safeguarded and maintained in
accordance with this section, the California Building Code and the San Bernardino County
Code.
311.1.1 Abandoned premises. Buildings, structures and premises for which an
owner cannot be identified or located by dispatch of a certificate of mailing to the last
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known or registered address, which persistently or repeatedly become unprotected or
unsecured, which have been occupied by unauthorized persons or for illegal purposes,
or which present a danger of structural collapse or fire spread to adjacent properties shall
be considered abandoned, declared unsafe and abated by demolition or rehabilitation in
accordance with the California Building Code and the International Property Maintenance
Code as adopted by the local Building Department.
311.1.2 Tenant spaces. Storage and lease plans required by this Code shall be
revised and updated to reflect temporary or partial vacancies.
311.2 Safeguarding vacant premises. Temporarily unoccupied buildings,
structures, premises or portions thereof shall be secured and protected in accordance
with Sections 311.2.1 through 311.2.3.
311.2.1 Security. Exterior and interior openings accessible to other tenants or
unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent
entry by unauthorized individuals. The fire code official is authorized to placard, post
signs, erect barrier tape or take similar measures as necessary to secure public safety.
311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be
maintained in an operable condition at all times.
Exceptions:
1. Where the premises have been cleared of all combustible
materials and debris and, in the opinion of the fire code official, the type of construction,
fire separation distance and security of the premises do not create a fire hazard.
2. Where approved by the fire code official, buildings that will not
be heated and where fire protection systems will be exposed to freezing temperatures,
fire alarm and sprinkler systems are permitted to be placed out of service and standpipes
are permitted to be maintained as dry systems (without an automatic water supply),
provided the building has no contents or storage, and windows, doors and other openings
are secured to prohibit entry by unauthorized persons.
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3. Where approved by the fire code official, fire alarm and
sprinkler systems are permitted to be placed out of service in seasonally occupied
buildings that will not be heated and where fire protection systems will be exposed to
freezing temperatures; and where fire areas do not exceed 5,000 square feet (464 m2);
and that do not store motor vehicles or hazardous materials.
311.2.3 Fire separation. Fire-resistance-rated partitions, fire barriers and fire
walls separating vacant tenant spaces from the remainder of the building shall be
maintained. Openings, joints and penetrations in fire-resistance-rated assemblies shall
be protected in accordance with Chapter 7.
311.3 Removal of combustibles. Persons owning, or in charge or control of, a
vacant building or portion thereof, shall remove therefrom all accumulations of
combustible materials, flammable or combustible waste or rubbish and shall securely lock
or otherwise secure doors, windows and other openings to prevent entry by unauthorized
persons. The premises shall be maintained clear of waste or hazardous materials.
Exceptions:
1. Buildings or portions of buildings undergoing additions,
alterations, repairs or change of occupancy in accordance with the California Building
Code, where waste is controlled and removed as required by Section 304.
2. Seasonally occupied buildings.
311.4 Removal of hazardous materials. Persons owning or having charge or
control of a vacant building containing hazardous materials regulated by Chapter 50 shall
comply with the facility closure requirements of Section 5001.6.
(12) Section 315.7 of the California Fire Code is amended, to read:
315.7 Outdoor pallet storage. The outside storage of combustible pallets shall
comply with sections 315.7 – 315.7.7 and San Bernardino County Fire Protection District
Fire Prevention Standards. Pallets stored within a building shall be protected in
accordance with Chapter 32. Outdoor storage of pallets at pallet manufacturing and/or
recycling facilities shall be in accordance with Section 2810.
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315.7.1 Storage beneath overhead projections from buildings. Where
buildings are equipped throughout with an automatic sprinkler system, the outdoor storage
of pallets under eaves, canopies or other projections or overhangs are prohibited except
where automatic sprinklers are installed under such eaves, canopies or other projections
or overhangs.
315.7.2 Distance to the lot line. Pallet storage shall not be located within 20 feet
(6096 mm) of a lot line.
315.7.3 Storage Height. Pallet storage shall not exceed 16 feet (4877 mm) in
height.
315.7.4 Pallet pile stability and size. Pallet stacks shall be arranged to form
stable piles. Individual pallet piles shall not exceed 20 feet (6096 mm) in width and 20
feet (6096 mm) in length. Piles shall not exceed 6,400 cubic feet (227 m3) in volume and
shall cover an area not greater than 400 square feet (37 m2).
315.7.5 Pallet types. Pallets shall be all wood, with slatted or solid top or bottom,
with metal fasteners, or shall be plastic or composite pallets, listed and labeled in
accordance with the UL 2335 or FM 4996. Plastic pallets shall be both solid and gridded
deck, independent of the pallet manufacturing process, type of resin used in fabrication
or geometry of the pallet.
315.7.6 Pile separation distances. In addition to the other requirements of this
section, pallet stacks and piles shall be separated in accordance with sections 315.7.6.1
and 315.7.6.2.
315.7.6.1 Building separation. Pallet stacks and piles shall be separated from
buildings in accordance with Table 315.7.6(1) for wood pallets and Tables 315.7.6(2) for
plastic pallets.
315.7.6.2 Separation from the other pallets and on-site storage. Pallets shall
be separated from other pallet piles and other storage in accordance with Table
315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets.
315.7.7 Prohibited locations. Pallets shall not be stored within 100 feet (30480
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mm) of welding or cutting equipment, underneath high-voltage transmission lines, public
roadways or railways.
(13) Section 315.8 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
315.8 Outside storage of firewood. The outside storage of firewood shall comply
with the provisions of Section 315 of this Code, and San Bernardino County Fire
Protection District Fire Prevention Standards.
(14) Section 315.9 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
315.9 Storage of motor vehicles and trailers. Outside storage of automobiles,
trucks, recreational vehicles, truck trailers and other similar vehicles on a temporary basis
shall meet the requirements of the San Bernardino County Fire Protection District Fire
Prevention Standards.
(15) Section 316.7 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
316.7 Electrified fences. Electrified fences or other barriers intended to secure a
premise shall have provided a means of disconnecting all electrical power and de-
energizing any and all barriers with a single main switch. The main electrical disconnect
switch shall be clearly labeled and be accessible for firefighter use by means of a key
switch, locked cabinet, or other means approved by the fire code official. Such electrified
fences or barriers shall be clearly labeled with warning signs that read “DANGER –
ELECTRIC FENCING” at a minimum of every 100 feet (30,480 m) apart around
the perimeter.
(d) The following sections of Chapter 4 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Sections 403.11 - 403.11.3.3 are added to the San Bernardino
County Fire Protection District Fire Code, to read:
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403.11 Special requirements for public safety. Special requirements for public
safety shall be in accordance with Sections 403.11.1 through 403.11.3.3.
403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it
is essential for public safety in a place of assembly or any other place where people
congregate, because of the nature of the performance, exhibition, display, contest or
activity, the owner, agent or lessee shall provide one or more fire watch personnel, as
required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and
403.11.1.2 and San Bernardino County Fire Protection District Fire Prevention Standards.
403.11.1.1 Duty times. Fire watch personnel shall remain on duty while places
requiring a fire watch are open to the public, or when an activity requiring a fire watch is
being conducted.
403.11.1.2 Duties. On-duty fire watch personnel shall have the following
responsibilities:
1. Keep diligent watch for fires, obstructions to means of egress
and other hazards.
2. Take prompt measures for remediation of hazards and
extinguishment of fires that occur.
3. Take prompt measures to assist in the evacuation of the
public from the structures.
403.11.2 Public safety plan for gatherings. Where the fire code official
determines that an indoor or outdoor gathering of persons has an adverse impact on
public safety through diminished access to buildings, structures, fire hydrants or fire
apparatus access roads or where such gatherings adversely affect public safety services
of any kind, the fire code official shall have the authority to order the development of or
prescribe a public safety plan that provides an approved level of public safety and
addresses the following items:
1. Emergency vehicle ingress and egress.
2. Provisions for maintaining fire protection equipment.
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3. Emergency egress or escape routes.
4. Emergency medical services facilities and personnel.
5. Public assembly areas.
6. The directing of both attendees and vehicles, including the
parking of vehicles.
7. Vendor and food concession distribution.
8. The need for the presence of law enforcement.
9. The need for fire department apparatus or personnel available
on the site, provided owner, agent, or lessee’s expense, as
required by the fire code official.
10. The need for a weather monitoring person.
11. The need for qualified crowd managers meeting the
requirements of section 403.11.3 through 403.11.3.3.
403.11.3 Crowd managers. Where required by the fire code official, crowd
managers shall be provided in accordance with sections 403.11.3.1 through 403.11.3.3.
403.11.3.1 Number of crowd managers. Not fewer than two trained crowd
managers, and not fewer than one trained crowd manager for each 250 persons or portion
thereof, shall be provided for the gathering.
Exception: The number of crowd managers shall be reduced where,
in the opinion of the fire code official, the fire protection provided by the facility and the
nature of the event warrant a reduction.
403.11.3.2 Training.
Training for crowd managers shall be a certification from the National
Association of State Fire Marshals (NASFM) or an equivalent training and certification
program as approved by the fire code official.
403.11.3.3 Duties.
The duties of crowd managers shall include, but not be limited to:
1. Conduct an inspection of the area of responsibility and identify
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and address any egress barriers.
2. Conduct and inspection of the area of responsibility to identify
and mitigate any fire hazards.
3. Verify compliance with all permit conditions
4. Direct and assist the event attendees in evacuation during an
emergency.
5. Direct emergency response personnel to a location when
requested.
6. Other duties required by the fire code official.
7. Other duties as specified in the fire safety plan.
(e) The following sections of Chapter 5 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Sections 503.1-503.5.1 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or moved
into or within the jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend to within 150 feet (45720 mm) of all portions
of the facility and all portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension
of 150 feet (45720 mm) where any of the following conditions occur:
1.1. Unless required by another section of this Code, the
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building is equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2. Fire apparatus access roads cannot be installed
because of location on property, topography, waterways, nonnegotiable grades or other
similar conditions, and an approved alternative means of fire protection is provided.
1.3. There are not more than two Group R-3 or Group U
occupancies.
2. Where approved by the fire code official, fire apparatus
access roads shall be permitted to be exempted or modified for solar photovoltaic power
generation facilities.
503.1.2 Additional access. The fire code official is authorized to require more
than one fire apparatus access road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for
high-piled combustible storage shall comply with the applicable provisions of Chapter 32.
503.2 Specifications. Fire apparatus access roads shall be designed,
constructed and maintained in accordance with Sections 503.2.1 through 503.2.8. and
San Bernardino Fire Protection District Fire Prevention Standards.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 26 feet (7925 mm), except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less than
14 feet, 6 inches (4420 mm.) Roadways that provide fire apparatus access to buildings
that have exterior walls 30 feet or higher from the lowest level of fire department access
to the top of the highest roof or parapet, or having occupied floors that are three or more
stories above such adjacent roadways shall have an unobstructed width of 30 feet (9144
mm.)
Exceptions:
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1. Emergency vehicle access roads designed and provided
exclusively for fire department use may have an unobstructed width of not less than 20
feet (6096 mm) when approved by the fire code official.
2. Driveways and private roadways providing fire department
access to not more than two Group R-3 and accessory Group U occupancies shall be a
minimum of 12 feet (3657 mm) in width.
3. Required access road dimensions may be modified according
to the San Bernardino County Fire Protection District Fire Prevention Standards when,
due to location on property, topography, waterways, nonnegotiable grades or other similar
conditions, the fire code official determines that the conditions cannot be met. In no case
shall fire department access roads within State Responsibility areas (SRA) be less than
20 feet (6096 mm) in unobstructed width.
503.2.2 Authority. The fire code official shall have the authority to require or
permit modifications to the required access widths and heights where they are inadequate
for fire or rescue operations or where necessary to meet public safety objectives.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained
to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall
be surfaced so as to provide all-weather driving capabilities.
Exceptions:
1. Where road grades do not exceed eight percent (8%), and
where serving only one or two-family dwellings or accessory Group U occupancies, the
fire code official may approve existing roads constructed with approved native materials
or other earthen materials compacted to eighty-five percent (85%) compaction.
2. The fire code official is authorized to allow alternate fire
apparatus roadway surfaces designed or evaluated by a qualified professional engineer
and demonstrating an equivalent reliability and safety.
503.2.4 Turning Radius. The required turning radius of a fire apparatus access
road shall comply with San Bernardino Fire Protection District Fire Prevention Standards
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as determined by the fire code official.
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet
in length (45,720 mm) shall be provided with an approved area for turning around fire
apparatus that complies with San Bernardino Fire Protection District Fire Prevention
Standards.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface
is part of a fire apparatus access road, the bridge shall be constructed and maintained in
accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for
a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall
be posted at both entrances to bridges where required by the fire code official. Where
elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are
not designed for such use, approved barriers, approved signs or both shall be installed
and maintained where required by the fire code official.
503.2.7 Grade. The grade of a fire apparatus access road or driveway shall be a
maximum of twelve percent (12%).
Exceptions:
1. The grade of a fire apparatus access road or driveway may
be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the
approval of the fire code official.
2. The grade of a driveway providing fire access to no more than
two (2) one- or two-family dwelling may be increased to a maximum of sixteen percent
(16%) for a distance not to exceed 500 feet in areas in which the Hillside Grading
Standards pursuant to Chapter 83.08 of the San Bernardino County Development Code
apply and with the approval of the fire code official.
3. Where more restrictive local city requirements apply.
503.2.8 Angles of approach and departure. The angles of approach and
departure for fire apparatus access roads shall comply with the San Bernardino County
Fire Protection District Fire Prevention Standards.
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503.3 Marking. Where required by the fire code official, approved signs and
markings that include the words “NO PARKING—FIRE LANE” and that comply with San
Bernardino County Fire Protection District Fire Prevention Standards shall be provided
for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.
The means by which fire lanes are designated shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary to provide adequate
visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
shall not be obstructed in any manner, including the parking of vehicles. The minimum
widths and clearances established in Section 503.2.1 and 503.2.2 shall be maintained at
all times. Any condition that serves as an impediment to fire access, or any vehicle or
other obstruction to fire access may be removed at the orders of the fire code official or
other governing agency in cooperation with the fire code official, with the expense of such
removal to be paid by the owner of the roadway, or of said vehicle or obstruction.
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited
unless approved by the fire code official in accordance with the San Bernardino County
Fire Protection District Fire Prevention Standards.
503.5 Required gates or barricades. The fire code official is authorized to require
the installation and maintenance of gates or other approved barricades across fire
apparatus access roads, trails or other access ways, not including public streets, alleys
or highways. Electric gate operators, where provided, shall be listed in accordance with
UL 325. Gates intended for automatic operation shall be designed, constructed and
installed to comply with the requirements of ASTM F 2200 and the San Bernardino County
Fire Protection District Fire Prevention Standards.
503.5.1 Secured gates and barricades. Where required, gates and barricades
shall be secured in an approved manner. Roads, trails and other access ways that have
been closed and obstructed in the manner prescribed by Section 503.5 shall not be
trespassed on or used unless authorized by the owner and the fire code official.
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Exception: The restriction on use shall not apply to public officers
acting within the scope of duty.
(2) Section 503.6 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire code official. Where security gates are installed,
they shall have an approved means of emergency operation. The security gates and the
emergency operation shall be maintained operational at all times. Electric gate operators,
where provided, shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention
Standards.
(3) Section 504.5 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
504.5 Foam cornices. Buildings with cornices or other trim at the edge of a roof or
parapet wall made of expanded foam plastic or other similar materials shall be installed in
accordance with San Bernardino County Fire Protection District Fire Prevention
Standards in order to allow a stable, rigid surface or edge on which a ladder can be used
to access the roof.
(4) Sections 505.1-505.2 are added to the San Bernardino County
Fire Protection District Fire Code, to read:
SECTION 505
PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with
approved address identification in accordance with this section and San Bernardino
County Fire Protection District Standards. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property. Address
identification characters shall contrast with their background. Address identification shall
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be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each
character shall be not less than 4 inches (102 mm) high with a minimum stroke width of
½ inch (12.7 mm). Where required by sections 505.1.1 – 505.1.6, address identification
shall be provided in additional approved locations to facilitate emergency response.
Address identification shall be maintained.
505.1.1 One and two family dwelling units. All one and two family dwelling units
shall, in addition to the requirements of section 505.1, be provided with address
identification in accordance with all of the following:
1. Electrically illuminated by an internal low-voltage light source
during the hours of darkness.
2. Where building setbacks exceed 100 feet (30.5 m) from the
street, or where addresses on dwelling units would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures.
505.1.2 Buildings less than 100,000 square feet, other than one- and two-
family dwelling units. All buildings less than 100,000 square feet (9290 m2) in area,
other than one- and two-family dwelling units, shall, in addition to the requirements of
Section 505.1, be provided with address identification in accordance with all of the
following:
1. Electrically illuminated by an internal or external source during
the hours of darkness.
2. Not less than eight inches (204 mm) in height, with a minimum
stroke width of 1 inch (25.5 mm).
3. Where building setbacks exceed 200 feet (61 m) from the
street, or where address identification would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures. Address
identification characters shall not be less than six inches (153 mm) in height, with a
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minimum stroke width of 0.75 inches (19 mm).
505.1.3 Buildings 100,000 square feet or larger, other than one- and two-
family dwelling units. All buildings 100,000 square feet (9290 m2) or larger in area,
other than one- and two-family dwelling units, shall, in addition to the requirements of
Section 505.1, be provided with address identification in accordance with all of the
following:
1. Electrically illuminated by an internal or external source during
the hours of darkness.
2. Not less than twelve inches (306 mm) in height, with a
minimum stroke width of 1.5 inch (38 mm).
3. Where building setbacks exceed 200 feet (61 m) from the
street, or where address identification would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures. Address
identification characters shall not be less than six inches (153 mm) in height, with a
minimum stroke width of 0.75 inches (19 mm).
505.1.4 Illuminated directory. When required by the fire code official, new
multiple dwelling unit complexes of 20 or more units shall be provided with an illuminated
directory at each entry, clearly visible to emergency responders entering the property.
The directory shall comply with San Bernardino County Fire Protection District Fire
Prevention Standards and shall consist of a diagrammatic representation of the complex
which shows the location of the viewer and the unit designations within the complex.
505.1.5 Individual units. Individual dwelling units other than one- and two-family
dwellings, and tenant lease spaces within buildings shall be posted with address
identification on each unit. Addresses shall be easily visible to approaching vehicular or
pedestrian traffic and shall comply with section 505.1 and the San Bernardino County Fire
Protection District Fire Prevention Standards.
505.1.6 Rear addressing. Buildings which have vehicular access to the rear side
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by means of a drive aisle alley, or parking lot shall also display address identification on
the rear of the building and the San Bernardino County Fire Protection District Standards.
505.2 Street or road name signs. The names of streets or roads shall be
identified with approved signs. Temporary street or road name signs meeting the San
Bernardino County Fire Protection District Fire Prevention Standards shall be installed at
each street intersection when construction of new roadways allows passage by vehicles
and shall be maintained until replaced by permanent signs.
(5) Sections 506.1-506.2 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is
restricted because of secured openings or where immediate access is necessary for life-
saving or fire-fighting purposes, the fire code official is authorized to require one or more
key boxes to be installed in an approved location(s). The key box(es) shall be of an
approved type in accordance with San Bernardino County Fire Protection District Fire
Prevention Standards and shall contain keys to gain necessary access as required by the
fire code official.
506.1.1 Locks. An approved lock or entry device meeting San Bernardino County
Fire Protection District Fire Prevention Standards shall be installed on gates or similar
barriers across fire department access roads where required by the fire code official.
506.2 Key box maintenance. The operator of the building shall immediately notify
the fire code official and provide the new key where a lock is changed or rekeyed. The
key to such lock shall be secured in the key box.
(6) Section 507.1 of the California Fire Code is amended, to read:
SECTION 507
FIRE PROTECTION WATER SUPPLIES
507.1 Required water supply. An approved water supply capable of supplying
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the required fire flow for fire protection shall be provided to premises upon which facilities,
buildings or portions of buildings are hereafter constructed or moved into or within the
jurisdiction. In areas without a water purveyor capable of supplying the required water
supply, National Fire Protection Association Standard 1142 (current edition) shall be used
to establish on-site water storage capacities, when allowed by the fire code official.
Exception:
1. When approved by the fire code official, the following shall be
permitted in lieu of an adequate water supply when serving not more than two Group R-
3 occupancies and accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum of
50 feet (15,240 mm) from all adjacent dwellings and property lines.
b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313.
c) Provide other approved alternate means and
methods as approved by the fire code official.
(7) Section 507.2.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
507.2.3 Temporary water supply. When required by the fire code official, a
temporary water supply shall be provided for buildings under construction, prior to such
buildings being occupied. Temporary water supplies shall be in accordance with San
Bernardino County Fire Protection District Fire Prevention Standards.
(8) Section 507.3 of the California Fire Code is amended, to read:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and
facilities shall be determined by an approved method below or by Appendix B.
1. When approved by the fire code official, the following shall be considered in
lieu of adequate fire flow when serving not more than two Group R-3 occupancies and
accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum
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50 feet (15,240 mm) from all adjacent dwellings and property lines.
b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313.
c) Provide other approved alternate means and
methods as approved by the fire code official.
(9) Section 507.5 of the California Fire Code is amended, to read:
507.5. Fire hydrant systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and San Bernardino County Fire Protection District Fire
Prevention Standards.
(10) Section 507.5.1 of the California Fire Code is amended, to read:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a
hydrant on a fire apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the fire code official.
Exception: For Group R-3 and attached Group U occupancies, the
distance requirement shall not be more than 600 feet (183 m).
(11) Section 507.5.1.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
507.5.1.2 Water supply connections. New on-site fire hydrant water systems
that serve buildings having a single or aggregate floor area of greater than 100,000
square feet (9290 m2) shall have a minimum of two separate remote connections to the
public water system designed and constructed in accordance with the National Fire
Protection Association and the San Bernardino County Fire Protection District Fire
Prevention Standards and approved by the fire code official.
(12) Section 508.2 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
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508.2 Fire Control Room. A fire control room for fire department operations shall
be provided in all newly constructed Group F-1, S-1 and S-2 distribution warehouses
greater than 300,000 square feet (27870 m2) in floor area. The location and accessibility
of the fire control room shall be approved by the fire code official. The fire control room
shall be separated from the remainder of the building by walls and ceilings not less than
one-hour fire partitions and shall have at least one exterior access door of not less than
3’-0” (918 mm) in width by 6’-8” (2040 mm) in height. The room shall be a minimum of
96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm.) The room shall
contain the following as a minimum:
1. The fire alarm control unit and associated equipment,
including an annunciator panel displaying status of sprinkler control valves and water flow
detectors.
2. Main controls and indicators for mechanical smoke exhaust
systems.
3. A printed graphic exhibit(s) showing the building floor plan,
automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire department
access doors, and any other equipment as required by the fire code official.
4. Other firefighting equipment and system controls as required
by the fire code official.
(13) Section 509.3 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
509.3 Access to equipment in multi-unit buildings. When automatic fire
sprinkler systems or fire alarm systems are installed in buildings constructed for multiple
tenants and these systems protect multiple tenant spaces, the main risers, fire alarm
control panels, and any other main control valves or equipment for such systems; shall
be located in an attached or included room separate from any tenant space. Such rooms
shall have at least one exterior access door of not less than 3’-0” (918 mm) in width by
6’-8” (2040 mm) in height and meet the requirements of Sections 901.4.6-901.4.6.4.
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(f) The following sections of Chapter 9 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 901.8.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
901.8.3 Theft deterrents. The fire code official is authorized to require installation
methods, mechanisms, or other technology that will serve to deter theft or tampering with
fire protection appliances. Such methods shall be in accordance with the San Bernardino
County Fire Protection District Fire Prevention Standards.
(2) Section 903.2 of the California Fire Code is amended, to read:
903.2 Where required. Approved automatic fire sprinkler systems in new
buildings and structures shall be provided in the locations described in this section and
Sections 903.2.1 through 903.2.21. Notwithstanding any other provision of Sections
903.2.1 through 903.2.21, an approved automatic fire sprinkler system shall be provided
throughout all newly constructed buildings of any occupancy group, when the gross floor
area is equal to or exceeds 5,000 square feet (465 m2), regardless of fire resistive
separation walls.
Exceptions:
1. Group U occupancies, accessory to a Group R-3 one- or two-
family dwelling.
2. In existing buildings, other than Group R, Division 3 and
Group U occupancies, not equipped with an automatic fire sprinkler system, the following
requirements shall apply:
a) When an addition causes the building to exceed 5,000
square feet (465 m2) in gross floor area and such addition is equal to or greater than 50%
of the existing square footage, the entire building shall be provided with an automatic
sprinkler system.
b) For existing buildings larger than 5,000 square feet
(465 m2) in gross floor area, when a change of use occurs that, in the opinion of the fire
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code official, increases the risk of fire, or increases the danger to occupants in a fire, the
entire building shall be provided with an automatic sprinkler system.
(3) Section 910.2.1 of the California Fire Code is amended, to read:
910.2.1 Group F-1, S-1 and S-2. A mechanical smoke removal system installed
in accordance with section 910.4 shall be installed in buildings and portions thereof used
as group F-1, S-1 and S-2 occupancy having more than 50,000 square feet (4645m2) of
undivided area.
(4) Section 910.2.2 of the California Fire Code is amended, to read:
910.2.2 High-piled combustible storage. Smoke and heat removal required by
Table 3206.2 for buildings and portions thereof containing high-piled combustible storage
shall be installed in accordance with Section 910.3 in unsprinklered buildings. In buildings
and portions thereof containing high-piled combustible storage equipped throughout with
an automatic sprinkler system in accordance with Section 903.3.1.1, a mechanical smoke
and heat removal system shall be installed in accordance with Section 910.4. In occupied
portions of a building equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1 where the upper surface of the story is not a roof
assembly, a mechanical smoke removal system in accordance with Section 910.4 shall
be installed.
(g) The following section of Chapter 11 of the San Bernardino County Fire
Protection District Fire Code is added, as follows:
(1) Section 1103.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
1103.2 Emergency responder communication coverage in existing buildings.
Existing buildings other than Group R-3, that do not have approved in-building, two-way
emergency response communication coverage for emergency responders in the building
based on existing coverage levels of the public safety communication system, shall be
equipped with such coverage according to Section 510.1.
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Exception: Where it is determined by the fire code official that the
in-building, two-way emergency responder communication coverage system is not
needed.
(h) The following sections of Chapter 28 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 2808.3 of the California Fire Code is amended, to read:
2808.3 Size of piles. Piles shall not exceed 12 feet (3657 mm) in height, 150 feet
(45 270mm) in width and 250 feet (76 200 mm) in length. Stackable products shall not
be stacked in excess of 12 feet (3657 mm) in height, 80 feet (24 384 mm) in width and
250 feet (76 200 mm) in length.
(2) Section 2808.7.1 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
2808.7.1 Pile fire protection, public water supply. The operator shall provide
and maintain approved fire hydrants and waterline mains as required by the fire code
official. Water lines may be approved aboveground lines supplied from a reliable water
supply with adequate protection against impact and fire flow reaction. Hydrant spacing
shall be at 400-foot intervals along primary fire access roadways. Fire flow at each hydrant
shall be least 1,000 gallons per minute at 20 psi. Duration of the required fire flow shall
be not less than two hours.
(3) Section 2808.7.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
2808.7.2 Pile fire protection, private water supply. Above-ground water storage
tanks may be installed when authorized by the fire code official where public water supply
is not adequate to meet fire flow requirements. Volume and duration of the required fire
flow shall be as determined by the current edition of NFPA 1142.
(4) Sections 2810.1 through 2810.11 of the California Fire Code, is
amended, to read:
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SECTION 2810
OUTDOOR STORAGE OF PALLETS AT PALLET MANUFACTURING AND/OR
RECYCLING FACILITIES
2810.1 General. The outside storage of wood pallets and wood composite pallets
on the same site as a pallet manufacturing and/or recycling facility shall comply with
Sections 2810.2 through 2810.11 and San Bernardino County Fire Protection District Fire
Prevention Standards.
2810.2 Site plan. Each site shall maintain an approved site plan that includes a
general description of the property, the boundaries of the lot, the size and location of
buildings, and all of the following:
1. Utilities.
2. Type of construction and presence of sprinkler protection for all buildings
on the site.
3. Locations of all fire hydrants and any other water supply sources for fire-
fighting purposes.
4. Locations of any hazards (e.g., flammable liquids, welding, LP gas tanks,
and hazardous material storage areas).
5. Location of pallet storage and any other combustibles on the site.
6. Equipment protected with a dust collection system.
7. Fire apparatus access roads.
8. Designated smoking areas.
9. Location of fire alarm control panels.
2810.3 Fire prevention plan. The owner or owner’s authorized representative
shall prepare an approved fire prevention plan that includes all of the following:
1. Frequency of walk-through inspections to verify compliance with the plan
2. Hot work permit program in accordance with Chapter 35.
3. Preventative maintenance program for equipment associated with pallet
activities
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4. Inspection, testing and maintenance of fire protection systems in
accordance with Chapter 9.
2810.4 Fire safety emergency evacuation plan. The owner or owner’s
authorized representative shall prepare and train employees in an approved fire safety
and emergency evacuation plan in accordance with Chapter 4.
2810.5 Security management plan. The owner or owner’s authorized
representative shall prepare a security management plan based on a security risk
assessment and shall make the plan and assessment available to the fire code official
upon request.
2810.6 Clearance to property line. Stacks of pallets shall not be stored less than
20 feet (6096 mm) of the property line or shall comply with Section 2810.11.
2810.7. Clearance to buildings and storage. Stacks of pallets shall not be stored
less than 20 feet (6096 mm) from any building or combustible structure on site, or shall
comply with Section 2810.11. Pallets shall not be stored under eaves, canopies or other
projections or overhangs of buildings except where protected by an automatic sprinkler
system.
2810.8 Size and Height. Pallet stacks shall be arranged to form stable piles.
Individual pallet piles shall cover an area not greater than 400 square feet (37 m2). Pallet
stacks and piles shall not exceed 16 feet (4876 mm) in height.
2810.9 Fire hydrant spacing and flow. Fire hydrants shall be located at each
entrance to the facility and at locations onsite as determined by the fire code official. Fire
flow requirements for the site shall be based on a risk analysis and assessment
performed by a California licensed fire protection engineer and
approved by the fire code official. All water supply sources for fire- fighting shall be
reliable and for a sufficient duration.
2810.10 Portable fire extinguishers. A 4A40BC portable fire extinguishers shall
be provided within 75 feet (22 860 mm) of any pallet stack or manufacturing area(s).
2810.11 Alternative approach. Where approved by the fire code official, pallet
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stacks located closer to a property line or structure than as required by Sections 2810.6
and 2810.7 shall be provided with additional fire protection including, but not limited to,
the following:
1. The storage yard areas and material handling equipment selection, design
and arrangement are based on an approved risk assessment.
2. Automatic fire detection that transmits an alarm to a supervising station in
accordance with National Fire Protection Association Standard 72.
3. Fire apparatus access roads around all storage areas.
(i) The following sections of Appendix B of the San Bernardino County Fire
Protection District Fire Code are added or amended as follows:
(1) Table B105.2 of the California Fire Code is amended, to read:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC
SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at
the reduced flow rate
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For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per
minute.
b. The reduced fire-flow shall be not less than 1,500 gallons per
minute.
(j) The following sections of Appendix C of the San Bernardino County Fire
Protection District Fire Code are added or amended as follows:
(1) Section C102.1 of the California Fire Code is amended, to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire
hydrants available to provide fire protection to a building shall be determined according
to the spacing requirements in Section C103.
(2) Section C103.2 of the California Fire Code is amended, to read:
C103.2 Average Spacing. The average spacing between fire hydrants shall be
300 feet (91 m) apart in industrial, commercial and multifamily development, and 600 feet
(183 m) apart in all single family development. Fire hydrants shall comply with the San
Bernardino County Fire Protection District Fire Prevention Standards.
Exception: The average spacing shall be permitted to be increased
by 10 percent where existing fire hydrants provide all or a portion of the required fire
hydrants.
(3) Section C103.3 of the California Fire Code is adopted into the San
Bernardino County Fire Protection District Fire Code and amended, to read:
C103.3 Maximum Spacing. The maximum spacing between fire hydrants shall
be allowed to be up to 1000 feet (305 m) with the approval of the fire code official where
protecting only incidental hazards and not structures.
3. Reserved.
4. Referenced Standards.
The standards referenced in this Code shall be those that are listed in Chapter 80.
Such standards shall be considered part of the requirements of this Code to the
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prescribed extent of such reference. Where conflicts occur between provisions of this
Code and referenced standards, the provisions of this Code shall apply. The fire code
official may issue San Bernardino County Fire Protection District Fire Prevention
Standards for informational purposes in clarifying and interpreting provisions of the
California Fire Code, its amendments, and referenced standards.
5. Conflicting Provisions.
Where there is a conflict between a general requirement and a specific
requirement, the fire code official shall determine which requirement meets the intent of
this Code. Provisions of the California Code of Regulations that are included in this Code
specifically or by reference shall prevail except where this Code contains a more
restrictive requirement.
6. Validity and Severability.
This Code shall not be in conflict with state or federal law. If any section,
subsection, sentence, clause or phrase of this Code or the application thereof is held
invalid, such invalidity shall not affect other provisions or applications which can be given
effect without the invalid provision or application, and to this end the provisions of this
Code are severable.
7. No Liability or Warranty.
San Bernardino County, the San Bernardino County Fire Protection District, any
city, town or district that ratifies this ordinance, and their employees or agents shall not
be held liable for any act or omission to act done in good faith and reliance upon state
law, or the ordinance, codes, standards, interpretations, policies or procedures of the San
Bernardino County Fire Protection District. Neither San Bernardino County, the San
Bernardino County Fire Protection District, nor any city, town or district that ratifies this
ordinance, nor their employees or agents shall be held liable for the negligence of, nor as
the guarantor of proper performance by, any person or entity holding any license, permit,
certificate, registration, privilege or other entitlement from the District.
8. Authority – General.
G.12.a
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The fire code official shall implement, administer, and enforce the provisions of this
Code and shall have the authority to render interpretations of this Code. The fire code
official shall also have the authority to adopt policies, procedures, rules and regulations
in order to clarify the application of this Code. Such interpretations, policies, procedures,
rules and regulations shall be in compliance with the intent of this Code.
9. Authority at Fires or Other Emergencies.
(a) The Fire Chief/Fire Warden, fire code official or any officer of the San
Bernardino County Fire Protection District in charge at the scene of a fire or other
emergency involving the protection of life or property shall have the authority to direct
operations as necessary to extinguish or control any fire, perform any rescue operation,
investigate the existence of suspected or reported fires, gas leaks, or other hazardous
conditions or situations, or take any other action necessary in the reasonable
performance of duty. In the exercise of such authority, the Fire Chief/Fire Warden, fire
code official or officer is authorized to prohibit any person, vehicle, vessel or thing from
approaching the scene and is authorized to remove or cause to be removed, or keep
away from the scene any person, vehicle, vessel or thing which could impede or interfere
with the operations of the fire department.
(b) The Fire Chief/Fire Warden, fire code official or officer of the San Bernardino
County Fire Protection District in charge at the scene of a fire or other emergency is
authorized to place ropes, tape, flagging, barricades, guards or other obstructions across
any street, alley, place, driveway or private property in the vicinity of such operation so as
to prevent accidents or interference with the lawful operations of the fire department to
manage and control the situation and to allow the safe operation of fire, rescue and
investigation apparatus.
(c) The Fire Chief/Fire Warden, fire code official or officer of the San Bernardino
County Fire Protection District in charge at the scene of a fire or other emergency is
authorized to disconnect or authorize disconnection of utility service to any building,
structure, vehicle or system in order to safely execute emergency operations or to
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eliminate an immediate hazard.
10. Authority to Inspect, Issue Notices and Administrative Citations or Abate a
Hazardous Condition.
(a) Whenever it is necessary to make an inspection to enforce the provisions
of this Code, or whenever the fire code official has reasonable cause to believe that there
exists in a building or premises any conditions or activity requiring a permit authorized by
this Code, or reasonably believes that there are any violations of this Code which make
a building, premises, condition or activity unsafe, dangerous or hazardous, the fire code
official and those personnel designated by the fire code official are authorized to enter, at
all reasonable times, upon any property, premises, enclosure, structure, vehicle or vessel
within the San Bernardino County Fire Protection District to determine whether the
building, property, premises, enclosure, structure, vehicle, vessel, condition or activity is
in compliance with this Code, or whether a violation of this Code has occurred or is
occurring, and to make any inspection as may be necessary in the performance of their
enforcement duties, to issue a Notice of Correction, Notice of Violation or to issue a Stop
Work Order or citation.
(b) The fire code official and those persons designated by the fire code official
are authorized to take photographs, samples, or other physical evidence, and make video
and/or audio recordings. All such entries and inspections shall be done in a reasonable
manner. If an owner, lawful occupant, or the respective agent, employee, or
representative thereof, refuses permission to enter and/or to inspect, the District may
seek an administrative inspection warrant pursuant to the procedures provided by
California Code of Civil Procedure sections 1822.50 through 1822.59, as may be
amended from time to time, or the successor provisions thereto.
(c) The fire code official and those persons designated by the fire code official
are authorized to investigate, detain, and issue criminal or administrative citations for any
violation of this Code or of the provisions of any code or standard adopted and
incorporated by reference by this Code.
G.12.a
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(d) Any violation of this Code or of the provisions of any code adopted and
incorporated by reference by this Code may be deemed a fire hazard by the fire code
official and acted upon pursuant to the fire hazard abatement provisions of Chapter 3 of
Division 3 of Title 2 of the San Bernardino County Code beginning with Section 23.0301.
When a fire hazard or hazardous condition constitutes an immediate threat of harm to
public health and safety, the fire code official may take or cause emergency abatement
of such hazard with notice to parties concerned, or without notice, as the particular
circumstances reasonably allow.
11. Closure of Public and Private Lands.
When it is determined by the fire code official that conditions exist on public lands
within a Wildfire Risk Area that present an immediate, exceptional, or continuing danger,
the Fire Chief/Fire Warden is authorized to close the affected areas and prohibit the entry
of the general public. Prior to closure of private property, notification of the closure shall
be made to any concerned property owners and consent obtained. Upon closing and
prohibiting entry to public lands, signs shall be posted at the entry points of the affected
areas indicating that the area is closed due to the existence of dangerous conditions and
that entry is prohibited. Prior to closing and prohibiting entry to any State or Federally
controlled lands, notification shall be made and consent obtained from the Director of
Forestry and Fire Protection (CalFIRE) or U.S. Forest Service, as appropriate. Any public
highway traversing such a closed area, shall, however, be excluded from the order of
closure, and the closure to entry does not prohibit or curtail the entry or use of the lands
by the owner of the lands or his agent, nor the entry by any federal, state or county officer
upon the closed area in the performance of his official duties. All state and county law
enforcement officers shall enforce the order of closure.
12. Interference Unlawful.
(a) It shall be unlawful for any person or entity to deny access to, interfere with,
prevent, restrict, obstruct, or hinder employees or agents of the San Bernardino County
Fire Protection District acting within the scope of their duty.
G.12.a
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(b) It shall be unlawful for any person to render a system or device inoperative
during an emergency unless by direction of the Fire Chief/Fire Warden, fire code official
or officer of the San Bernardino County Fire Protection District in charge at the scene of
a fire or other emergency.
13. Official Records.
The fire code official shall keep official records as required by Sections 104.6.1
through 104.6.4. Such official records shall be retained for not less than five years or for
as long as the structure or activity to which such records relate remains in existence, or
in accordance with San Bernardino County Fire Protection District Operations Directive
1300 and the Special Districts Records Retention Schedule, whichever is greater.
14. Permits Required.
A permit is required to conduct any operation or business, or to install or modify
systems or equipment regulated under Section 105 of the California Fire Code.
Application shall be made to the fire code official prior to obtaining permits. Permit fees
shall be paid prior to the issuance of the permit.
15. Fees.
(a) Fees shall be required and paid pursuant to a fee schedule established by
action of the Board of Directors for any permit, license, inspection, plan or technical
review, related work or services required pursuant to this Code. Any fees charged shall
not exceed the actual costs of providing said work or services.
(b) Any person who conducts any activity, business, construction, work or use
of equipment or to install or modify systems or equipment requiring a permit pursuant to
Section 105 prior to obtaining said permits shall be subject to an additional fee, which
shall be in addition to the required permit.
16. Applications and Permits – Abandonment, Period of Validity, Expiration and
Extensions.
(a) An application for a permit for any proposed work or operation and its
associated fee shall be deemed to have been abandoned if: (i) the applicant fails to submit
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any required documentation within 180 days after the date application or plans have been
returned by the District for correction; or (ii) the applicant fails to obtain a permit within
180 days after the date the District has approved the application and has sent such
notification of approval to the applicant. The fire code official is authorized to grant one
or more extensions for a period not to exceed 90 days to submit such documentation or
corrections, or to obtain a permit from the District. All requests for extension shall be
made, in writing, by the applicant prior to abandonment and shall provide justifiable cause
to extend the application review period.
(b) Permits issued under the provisions of this Code shall remain in effect as
follows:
(1) Operational permits shall remain in effect for a period of time as
specified in the permit, not to exceed one year from issuance or until revoked.
(2) Construction permits shall automatically expire and become invalid
unless the work authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized by such permit is suspended or abandoned for a period
of 12 months after the time the work is commenced. Suspension or abandonment shall
mean that no inspection by the District has occurred within 12 months of any previous
inspection.
(3) After a construction permit becomes invalid or expired and before
such previously approved work recommences, a new permit shall be first obtained and
the fee to recommence work shall be one half the amount required for a new permit for
such work, provided no changes have been made or will be made in the original
construction documents for such work, and provided further that such suspension or
abandonment has not exceeded one year. Permits which have been expired for one year
or more shall be deemed invalid and will require a new application, payment of fees and
submittal of plans and review.
(4) Notwithstanding any other provision of law, construction permits that
have expired and are renewed are subject to any new applicable codes as would be
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required for a new project.
(c) A permittee holding an unexpired construction permit shall have the right to
apply for an extension of the time within which the permittee will commence work under
that permit when work is unable to be commenced within the time required by this section
for good and satisfactory reasons. The fire code official is authorized to grant, in writing,
one or more extensions of the time period of a permit for periods of not more than 180
days each. Such extensions shall be requested by the permittee in writing and justifiable
cause shall be demonstrated.
17. Permits Not Transferable.
(a) For operational permits, any change in occupancy, operation, tenancy, or
ownership shall require that a new permit be issued.
(b) Pursuant to Business and Professions Code section 7031.5, only a
contractor, licensed by the State of California to perform the type of work proposed in the
permit application, may apply for and be issued a construction permit required pursuant
to Section 105.6 et seq. of the San Bernardino County Fire Protection District Fire Code.
Any change of contractor named to conduct the permitted work shall require that a new
permit be issued.
Exceptions:
1. Owner-Builders intending to occupy the single-family dwelling
in which they obtain a permit to install a fire protection system if they have not constructed
more than two such dwellings in the past year pursuant to Business and Professions
Code Section 7062.12.
2. Public agencies and those public utilities exempted pursuant
to Business and Professions Code section 7040 et seq.
18. Permit Revocation.
The fire code official is authorized to revoke a permit issued pursuant to Section
105 of the San Bernardino County Fire Protection District Fire Code when it is found by
inspection or otherwise that conditions including, but not limited to, any one of the
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following occurred:
(a) The permit is used for a location or establishment other than that for which
it was issued;
(b) The permit is used for a condition or activity other than that listed in the
permit;
(c) Conditions and limitations set forth in the permit have been violated;
(d) There have been any false statements or misrepresentations as to the
material fact in the application for permit or plans submitted or a condition of the permit;
(e) The permit is used by a different person or firm than the name for which it
was issued;
(f) The permittee failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this code within the time provided
therein; or
(g) The permit was issued in error or in violation of any state or federal law,
local ordinance, regulation, this Code.
19. Operation or Construction Without a Permit or With an Expired or Revoked
Permit.
It shall be unlawful for any person to operate or allow the operation of any activity,
business, construction, work or use of equipment or to install or modify systems or
equipment requiring a permit pursuant to Section 105 of the San Bernardino County Fire
Protection District Fire Code when said permits have not been obtained or said permits
have expired or have been revoked.
20. Issuance of Stop Work Orders.
(a) The fire code official is authorized to issue an order requiring any activity,
business, construction, work or use of equipment to immediately cease whenever it is
found that such activity, business, construction, work or use of equipment is being
performed in a manner in violation of this Code or in a dangerous or unsafe manner.
(b) A stop work order shall be issued in writing and shall be given to the
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permittee or his agent, or to the person conducting the activity, business, construction,
work or use of equipment if no permit has been issued. The stop work order shall state
the reason for the order and the conditions under which the stopped activity, business,
construction, work or use of equipment may resume.
(c) A device, tag or seal preventing the use of equipment in violation of this
Code or posing a hazard may be affixed to the equipment at the time a stop work order
is issued.
(d) The fire code official may immediately abate or cause to be abated any
overcrowding situation, or remove or cause to be removed any obstructions in aisles,
passageways or other means of egress, including the cutting or removing of locks, chains
or other means of sealing or blocking exits.
(e) Where an emergency or potential emergency exists, the fire code official
shall not be required to give written notice prior to stopping the work, abating an
overcrowding situation or removing an obstruction that would prevent immediate egress
in the event of an emergency.
(f) Upon issuance of a stop work order, the non-compliant, dangerous or
unsafe activity, business, construction, work or use of equipment, overcrowding situation,
or egress obstruction shall immediately cease or be abated.
21. Failure to Comply with a Stop Work Order.
It shall be unlawful for any person to continue any activity, business, construction,
work or use of equipment after being issued a stop work order, except such work as that
person is directed to perform by the fire code official to remove a violation or unsafe
condition.
22. Service of Notices and Orders.
Notices and Orders issued pursuant to this Code shall be served in the following
manner:
(a) If a permittee or his agent, or the person conducting the activity, business,
construction, work or use of equipment or other responsible party is present at the scene
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of the violation, the notice or order shall be issued by personal service.
(b) If the responsible party is a business, and the business owner is on the
premises, the notice or order shall be personally served to the business owner. If the
business owner is not on the premises and the only responsible party that can be located
is the manager or on-site supervisor, the notice or order may be issued in the name of
the business and a copy given to the manager or on-site supervisor. A copy of the notice
or order shall also be mailed to the business owner by certified mail, return receipt
requested, and by first class mail. If a copy of the notice or order that is sent by certified
mail is returned by the United States Postal Service unsigned or marked “unclaimed”
and/or “refused,” then service by first class mail shall be deemed effective provided it is
also not returned by the United States Postal Service.
(c) If a responsible party cannot be located at the premises or the activity,
business, construction, work or use of equipment is located at an unattended or
abandoned site, then a copy of the notice or order shall be posted in a conspicuous place
on or near the site or equipment, if practicable, and a copy mailed by certified mail, return
receipt requested, and by first class mail, to each responsible party at their last known
addresses as they appear on the last County equalized assessment role, or any other
available public records related to title or ownership of the property or equipment that is
the subject of the notice or order. If the copy of the notice or order sent by certified mail
to a responsible party is returned by the United States Postal Service with the mail receipt
unsigned, or marked “unclaimed” and/or “refused,” then service by first class mail shall
be deemed effective provided it is also not returned by the United States Postal Service.
(d) The failure of any responsible party to receive a copy of the notice or order
shall not affect the validity of the notice or order.
23. Tampering with Notices, Orders or Seals Unlawful.
It shall be unlawful to mutilate, destroy or tamper with or remove without
authorization any notice, order, tag, sign, or seal posted or affixed by the fire code official.
24. Overcrowding Unlawful.
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It shall be unlawful for any person to allow overcrowding or admittance of any
person beyond the approved capacity of a building or portion thereof. The fire code
official, upon finding any overcrowding conditions, shall authorize the event to be stopped
and to cause the removal of excess occupants from the building until such condition is
corrected.
25. Obstructed Egress Unlawful.
It shall be unlawful for any person to obstruct any aisle, passageway or other
means of egress, or to lock, chain, bar or otherwise block any required means of egress.
The fire code official, upon finding any obstructions in aisles, passageways or other
means of egress, shall be authorized to cause the removal of occupants from the building
and the subsequent securing of the building from entry of any authorized person until
such obstruction is corrected.
26. Open Fires and Other Outdoor Fires.
(a) General. It shall be unlawful for any person to kindle, or maintain an open
fire, or for a person to allow an open fire to be kindled or maintained on their property,
except in accordance with the provisions of this Code.
(b) Permit Required. When required by this section, a permit shall be obtained
from the fire code official in accordance with Section 105.6 of this Code prior to kindling
any open fire. Permits shall be issued to the owner of the land on which the fire is to be
kindled or with written permission from the owner.
(c) Prohibited Open Fires and Outdoor Fires. It shall be unlawful to kindle, or
maintain, or to allow to be kindled or maintained the following open fires within the
jurisdiction of the San Bernardino County Fire Protection District:
Exception: The following activities conducted by a law enforcement
or fire department personnel: open fires for the purpose of training, control or prevention of
fire hazards, or disposal of explosives or contraband.
(1) Any open fire that is offensive or objectionable because of smoke
emission, ember production, or when local atmospheric conditions or circumstances
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make such fires hazardous.
(2) Any open or other outdoor fire in which any hazardous waste,
biological or infectious wastes, construction debris, trash, coated or treated wood, plastic,
rubber, or any other manufactured materials or combustible waste materials are burned.
(3) Any open fire using a portable incinerator or “burn barrel” as
prohibited pursuant to Title 17 of the California Code of Regulations, section 93113(c)(2),
metal drums, salvaged appliance parts, or similar devices not intended for use with an
open fire.
(4) Open fires on a No Burn Day as declared by the Air Quality
Management District (AQMD) in which the burning will occur.
(5) Open fires when a Red Flag Warning or Fire Weather Watch is in
effect for the location in which the fire is to be kindled.
(6) Open fires and outdoor fires on any property within a Wildfire Risk
Area as defined in Section 202 of this Code.
Exceptions:
(A) (Agricultural burning or burning of Russian Thistle
(tumbleweeds) in accordance with Rule 444 of the AQMD and when permitted by the fire
code official
(B) Recreational fires, barbecues, and barbecue pits fueled solely
by liquified petroleum gas or natural gas.
(C) Bonfires, barbecues, barbecue pits, and recreational fires
within an organized camp or in non-residential areas with the approval of the fire code
official.
(D) Portable outdoor fire places that have an approved, listed
spark arresting screen covering.
(7) When local sustained winds exceed 10 miles per hour.
(8) Within the boundaries of a State Responsibility Area, including
private property, in violation of any requirements or burn restriction imposed by the
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California Department of Forestry & Fire Protection (Cal Fire).
(9) Within the boundaries of the San Bernardino National Forest,
including private property, in violation of any requirement or burn restriction imposed by
the U.S. Forest Service.
(10) Within the boundaries of the Bureau of Land Management (BLM)
land, including private property, in violation of any requirement or burn restriction imposed
by BLM.
(11) When the fire code official has determined that local atmospheric or
other conditions present an increased risk of an escaping fire or other hazardous
situation.
(d) Extinguishment Authority. The fire code official is authorized to order or
cause the extinguishment of any fire that creates or adds to a hazardous condition,
creates smoke emissions offensive to occupants of surrounding properties, is conducted
without a permit when such a permit is required, or is conducted in violation of such permit
or in violation of this Code.
(e) Specific open fire requirements. Open fires as defined in this Code shall
meet the following requirements.
(1) Agricultural burning, residential burning, and open burning of
Russian Thistle (tumbleweeds).
(A) Prior to applying for a permit to conduct the open fire, any
written authorization or permit required by Rule 444 of the Air Quality Management District
(AQMD) for the area in which the burning will occur must be provided to the fire code
official.
(B) A permit shall be obtained from the fire code official prior to
kindling the fire.
(C) Burning shall only be commenced and shall be completed
within the periods specified in Rule 444 of the AQMD in which the burn will occur.
(D) Fires shall be located according to the following:
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1. Not less than 50 feet from any structure or combustible
materials.
2. At the property for which the permit is issued.
(E) Burn Piles shall be in accordance with the following:
1. Piles shall not exceed 4 feet in width or 4 feet in height.
2. Piles shall be separated by a minimum of 10 feet.
3. Piles shall not be placed in a pit or depression.
(2) Bonfires.
(A) A permit for a bonfire shall be obtained from the fire code
official prior to kindling the fire.
(B) A bonfire shall not be kindled or maintained less than 50 feet
from any structure or combustible materials.
(3) Recreational fires.
(A) Recreational fires shall be maintained a minimum of 25 feet
from a structure or combustible materials.
Exception: Recreational fires fueled solely by liquefied
petroleum gas or natural gas.
(4) Portable outdoor fireplaces.
(A) Portable outdoor fireplaces shall not be kindled or maintained
within 15 feet of a structure or combustible materials.
(B) Portable outdoor fireplaces used within a Wildfire Risk Area
shall have an approved, listed spark arresting screen covering.
(C) Portable outdoor fireplaces shall not be used on any
combustible patio, deck or balcony which is part of a multi-family dwelling such as
apartments, townhomes, or condominiums, unless buildings or overhangs are protected
by an automatic fire sprinkler system.
(5) Barbecues and Barbecue Pits.
(A) Barbecues shall not be operated on combustible decks or
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balconies of a multi-family dwelling such as apartments, townhomes, or condominiums
unless buildings and overhangs are protected by an automatic fire sprinkler system.
Exception: Liquefied petroleum gas fueled cooking devices
when fuel containers have a water capacity not greater than 2 ½ pounds
(B) Barbecue pits shall not be kindled or maintained within 25
feet of a structure or combustible materials.
(f) Attendance. All open fires shall be constantly attended by a responsible
adult, 18 years of age or older, until the fire is completely extinguished. A minimum of
one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or
other approved on-site fire-extinguishing equipment such as dirt or sand with a shovel,
water barrel, hose attached to a working water source, or water truck, shall be available
for immediate utilization.
(g) Hot ash and ember disposal. Hot ashes and embers from any open fire,
barbecue or fireplace shall be placed only in a covered metal or other non-combustible
receptacle after being thoroughly cooled with water. At no time shall ashes or embers be
deposited in the trash or on the ground, or placed on a combustible surface until it is
confirmed that the ashes or embers are no longer hot to the touch. Receptacles containing
hot ashes and ember shall have a minimum required separation distance of 2 feet (610
mm) to buildings or other combustible materials.
27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.
(a) It shall be unlawful for any person to manufacture, store, possess, handle,
sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic,
Rocket or Rocket Motors except in accordance with this Code.
(b) The storage of explosives and blasting agents is prohibited in residential
areas, principal business districts, closely-built commercial areas and heavily-populated
areas, except pursuant to California Fire Code Chapter 56 and as permitted by the San
Bernardino County Sheriff’s Department under Title 4, Division 5 of the San Bernardino
County Code.
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(c) Unless otherwise permitted, the possession, storage, use, sale and
handling of any fireworks is prohibited within the San Bernardino County Fire Protection
District.
Exception: The possession, storage, sale, handling and use of
fireworks complying with California Code of Regulations, Title 19, and labeled “Safe and
Sane” by the California State Fire Marshal, as permitted by local ordinances or Municipal
Codes within incorporated cities or towns.
(d) The fire code official and his designees are authorized to seize, take,
remove or cause to be removed, at the expense of the owner, all stocks of fireworks,
including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to
Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or
held in violation of any state or local laws and ordinances.
(e) The use of model and high-power rockets is prohibited within Wildfire Risk
Areas as defined in San Bernardino County Fire Protection District Fire Code Section 202
(as amended) except as permitted by the San Bernardino County Fire Protection District.
(f) Permits shall be required as set forth in San Bernardino County Fire
Protection District Fire Code section 105.6.15 (as amended) and regulated in accordance
with this section. Permits shall be obtained from the San Bernardino County Fire
Protection District and the San Bernardino County Sheriff's Department in accordance
with Title 4, Division 5, Chapter 2, Section 45.021 of the San Bernardino County Code to:
1. Manufacture, possess, store, sell, display or otherwise dispose of
explosive materials at any location;
2. Transport explosive materials;
3. Use explosive materials;
4. Operate a terminal for handling explosive materials; or
5. Transport blasting caps or electric blasting caps on the same vehicle
with explosives.
(g) Whenever a new explosive material storage or manufacturing site is
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established, including a temporary job site, the local law enforcement agency, fire
department, and local emergency planning committee shall be notified by the person
establishing the site 48 hours in advance, not including Saturdays, Sundays and holidays,
of the type, quantity and location of explosive materials at the site.
(h) The fire code official is authorized to cause to be removed or disposed of
by trained explosives personnel, at the expense of the owner, explosives or explosive
materials offered or exposed for sale, stored, possessed or used in violation of this
chapter.
(i) Prior to conducting a public fireworks display, a permit shall be applied for
as specified in Section 105.5.42 from the San Bernardino County Fire Protection District,
permit fees shall be paid, and plans for the display, inspections of the display site and
demonstrations of the display operations shall be approved. A plan establishing
procedures to follow and actions to be taken in the event that materials fail to ignite,
discharge, or otherwise fail to function over the fallout area shall be provided to the fire
code official.
28. Prohibited Storage of Flammable and Combustible Liquids.
The storage of flammable and combustible liquids in outside above-ground
unprotected tanks and below-grade vaulted tanks is prohibited in all commercial
occupancy areas, developed residential areas, and other areas where the fire code official
determines that the installation of flammable and combustible liquid above-ground
storage tanks or below-grade vaulted tanks will create a hazard to occupants and property
owners in the area. Deviation from these requirements may be allowed only upon specific
documented findings by the fire code official.
29. Prohibited Bulk Storage of Liquefied Petroleum Gases.
The aggregate capacity of any one installation for the bulk storage of liquefied
petroleum gases shall not exceed 2,000 water gallons in residential areas. In non-
residential areas, when, in the opinion of the fire code official, the location of bulk storage
of liquefied petroleum gases would create a threat to the occupants and property owners,
G.12.a
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the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000
water gallons. The fire code official shall be guided by the appropriate City or County
Development Code when permitting the storage of liquefied petroleum gas in excess of
2,000 water gallons at any one installation.
30. Prohibited Storage of Flammable Cryogenic Fluids.
Pursuant to Section 5806.2 of the San Bernardino County Fire Protection District
Fire Code, flammable cryogenic fluids shall not be stored, dispensed or used unless a
written plan, submitted by a Fire Prevention Engineer, licensed by the State of California,
detailing engineering controls for preventing fires and explosions is approved by the fire
code official.
31. Transport Vehicles and Trailers Storing Hazardous Materials.
(a) Compliance. Any transport vehicle with a trailer, such as a tank, vessel, or
other container, attached and used for the purposes of storing and transporting hazardous
materials or hazardous waste as defined by this Code, upon being at a facility or property
for more than 30 days, or when such trailer has been detached from its mode of
transportation, or when the driver of such a vehicle is not carrying active shipping papers
as regulated by the California Department of Transportation (DOT) en route to another
destination, shall comply with the provisions of this section.
(b) General. Transport vehicles and trailers that contain less than or equal to
the maximum allowable quantities as set forth in Section 5003 of the San Bernardino
County Fire Protection District Fire Code for each specific material shall comply with the
requirements of Chapter 50 of the San Bernardino County Fire Protection District Fire
Code, as well as any other applicable regulations as part of a facility. Transport vehicles
and trailers that contain more than the maximum allowable quantities as set forth in
Section 5003 for each specific material shall comply with the requirements of Chapter 50
of the San Bernardino County Fire Protection District Fire Code of this Code, as well as
any other applicable regulations relevant to a facility. The use, dispensing and handling
of any hazardous materials from transport vehicle trailers shall be prohibited unless
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approved in writing by the fire code official.
(c) Submittals. Transport vehicles and associated trailers shall comply with
the requirements of Section 5001.5.1 for Hazardous Materials Management Plan (HMMP)
and Section 5001.5.2 for Hazardous Materials Inventory Statement (HMIS) as part of a
regulated facility. These documents shall be submitted to the Office of the Fire Marshal
of the San Bernardino County Fire Protection District.
(d) Prohibited Areas. Transport vehicles or detached trailers storing
hazardous materials shall not be left stationary at any time within 500 feet (152 m) of a
residential area, apartment or hotel complex, educational facility, hospital or care facility.
Transport vehicles and trailers shall not be left unattended at any other place that would,
in the opinion of the fire code official, pose an extreme life safety hazard.
32. Shared Emergency and Fire Apparatus Access Roads.
Emergency and fire apparatus access roads passing through multiple parcels shall
comply with the following requirements:
(a) Each owner of real property through which a shared emergency access
road passes shall record an easement, running with the land, with the deed of each
affected property allowing reciprocal access to and from other properties and for
emergency access.
(b) Each owner of property upon which the easement shall pass shall provide
a notarized covenant agreeing to provide an emergency access road through each
property and to maintain that access road in accordance with the statutes, regulations
and standards applicable at the time the easement was recorded for full term of ownership
of the property.
(c) Each owner of property through which the easement shall pass shall
provide a notarized waiver with the deed releasing the San Bernardino County Fire
Protection District, its successors and the County of San Bernardino of any liability for
any inability to provide fire suppression or emergency medical aid due to lack of access
and shall further stipulate that the San Bernardino County Fire Protection District, its
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successors and the County of San Bernardino shall not be party to any criminal, civil or
administrative action relating to the maintenance of the easement unless the action is
brought forth by the District, its successors, or the County.
33. Violations – General.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or fail to comply with any requirement of this Code or of the provisions of any
code adopted and incorporated by reference by this Code.
34. Continuing Violations.
Each and every day, and any portion of which, any violation of this Code or of the
provisions of any code adopted and incorporated by reference by this Code is committed,
continued, or permitted shall be deemed a new and separate offense and shall be
punishable or actionable as set forth in this Code.
35. Acts Including Causing, Aiding and Abetting.
Whenever in this Code any act or omission is made unlawful, it shall include
causing, permitting, aiding or abetting such act or omission.
36. Enforcement – Purpose and Remedies.
The Board of Directors of the San Bernardino County Fire Protection District has
determined that the enforcement of the Ordinances of the San Bernardino County Fire
Protection District (also known as the San Bernardino County Fire Protection District
Code) throughout the County is an important public service and is vital to the protection
of the public’s health, safety, and quality of life. The Board of Directors has determined
a need for alternative methods of code enforcement and that a comprehensive system is
necessary. At the discretion of the District, violations of this Code may be addressed
through the institution of a criminal action, a civil action, or an administrative action
(administrative citations and penalties) as set forth in this Code.
37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not
Exclusive.
All remedies and penalties provided for in this Code shall be cumulative and
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discretionary and not exclusive of other applicable provisions of this Code or other
applicable State law. The conviction and punishment (whether by fine, imprisonment, or
both) of any person hereunder pursuant to a criminal action, or the imposition of a
monetary administrative penalty pursuant to an administrative citation, shall not relieve
such person from the responsibility of correcting, removing, or abating the violation; nor
prevent the enforced correction, removal, or abatement thereof by the District, its
employees, agents, or representatives. The correction, removal, or abatement of a
violation begun after the issuance of a criminal citation or the filing of a criminal complaint
shall not be a defense to the infraction or misdemeanor so charged and, following a
conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action
or the waiver, stay, or reduction of any fine established in this Code. Further, the
procedures established in this Code for the use of administrative citations, and the
procedures established in other titles and chapters of this Code for administrative
abatement and summary abatement as means for addressing violations of this Code shall
be in addition to criminal and civil or other legal or equitable remedies established by law
which may be pursued to address violations of this Code. The use of this chapter shall
be at the sole discretion of the District. In the exercise of such discretion in selecting an
appropriate code enforcement remedy, the District shall not be required to institute
available code enforcement remedies in any particular order, or to prefer the application
of one remedy to another.
38. Criminal Actions.
(a) Criminal penalties for violations. Any person violating this Code or of the
provisions of any code adopted and incorporated by reference by this Code, unless as
otherwise specified for certain sections or for sections within a certain chapter, shall be
deemed guilty of an infraction or misdemeanor as hereinafter specified.
(1) Misdemeanor violations. Upon conviction of a misdemeanor, or
upon a plea of nolo contendere (commonly called “no contest”), the penalty shall be a
base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in
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the County jail for a period of not more than six months, or by both such base fine and
imprisonment. Any court costs that the court may otherwise be required to impose
pursuant to applicable state law or local ordinance shall be imposed in addition to the
base fine.
(2) Infraction violations. Notwithstanding the foregoing, a
misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so
prosecuted, or where specified in a section or chapter of this Code that the violation of a
certain section or sections shall be an infraction, then that shall be the type of offense and
each such violation shall be punishable, except as otherwise provided herein, upon
conviction or upon a plea of nolo contendere (commonly called “no contest”), by: (1) a
base fine not exceeding $100.00 for a first violation; (2) a base fine not exceeding
$500.00 for a second violation of the same Code section within one year; and (3) a base
fine not exceeding $1,000.00 for each additional violation of the same Code section within
one year of the first violation. Any court costs that the court may otherwise be required
to impose pursuant to applicable state law or local ordinance shall be imposed in addition
to the base fine (Government Code section 25132).
(b) Criminal citations.
(1) If any person is arrested by a District Investigator or any other peace
officer or Enforcement Officer authorized to enforce this Code for a violation of any
provision of this Code, whether punishable as misdemeanor or as an infraction, and such
person is not immediately taken before a magistrate, when authorized by and as more
fully set forth in the Penal Code of California, the arresting officer shall prepare in duplicate
a written notice to appear in Court, containing the name and address of such person, the
offense charged, and the time and place where and when such person shall appear in
Court.
(2) The place specified in the notice to appear shall be the Court of a
magistrate before whom the person would be taken if the requirement of taking an
arrested person before a magistrate were complied with, or shall be an officer authorized
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by such Court to receive a deposit of bail.
(3) The officer shall deliver one copy of the notice to appear to the
arrested person, and the arrested person, in order to secure release, must give his or her
written promise so to appear in court by signing the duplicate notice which shall be
retained by the officer. Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(4) The officer shall, as soon as practicable, file the duplicate notice with
the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail
which in his or her judgment, in accordance with the provisions of Penal Code section
1275, will be reasonable and sufficient for the appearance of the defendant and shall
endorse upon the notice a statement signed by him or her in the form set forth in Penal
Code section 815a. The defendant may, prior to the date upon which he or she promised
to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at
the time when the case is called for arraignment before the magistrate, if the defendant
shall not appear, either in person or by counsel, the magistrate may declare the bail
forfeited, and may in his or her discretion order that no further proceeding shall be had in
such case.
(5) Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the County Treasury for distribution
pursuant to Penal Code section 1463.
(6) No warrant shall issue on such charge for the arrest of a person who
has given such promise to appear in Court, unless and until he or she has violated such
promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment, as required by law.
(7) When a person signs a written promise to appear at the time and
place specified in the written promise to appear, and has not posted bail as provided in
Penal Code section 853.6, the magistrate shall issue and have delivered for execution a
warrant for his or her arrest within 20 days after his failure to appear as promised; or if
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such person promises to appear before an officer authorized to accept bail, other than
the magistrate, and fails to do so on or before the date on which he or she promised to
appear, then, within 20 days after the delivery of such written promise to appear by the
officer to the magistrate having jurisdiction over the offense.
(8) Nothing herein contained shall be deemed or construed to require
any arresting officer to issue a citation instead of taking the person arrested before a
magistrate as otherwise provided by law.
39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest.
(a) District Investigators designated by the Fire Chief/Fire Warden are peace
officers pursuant to California Penal Code section 830.37(a):
(1) District Investigators shall have full peace officer powers pursuant to
that Section and shall investigate the cause, origin and circumstances of any fire,
explosion or other hazardous condition.
(2) District Investigators are authorized to wear and carry authorized
firearms, conduct investigative detentions, issue criminal citations and to make arrests
pursuant to California Penal Code section 836 for any violation of state law, or violations
of this Code or any other referenced code or regulation and to obtain and execute
warrants, and to seize and take charge of all physical evidence relating to the fire cause
or other crime or circumstance being investigated.
40. Civil Actions.
(a) Injunctive relief and abatement. At the request of any person authorized
to enforce this Code, the County Counsel or District Attorney may commence
proceedings for the abatement, removal, correction and enjoinment of any act or omission
that constitutes or will constitute a violation of this Code or of the provisions of any code
adopted and incorporated by reference by this Code or any permit issued pursuant to this
Code, or any condition(s) of approval for such permit granted pursuant thereto, and an
order requiring the violator(s) to pay civil penalties and/or abatement costs. Where
multiple violators are involved, they shall be jointly and severally liable for the civil
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penalties and/or abatement costs.
(b) Civil Remedies and Penalties. Any person, whether acting as principal,
agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or
otherwise, who violates any provision of this Code, or any permit issued pursuant to this
Code or any condition(s) of approval for such permit granted pursuant thereto, shall be
liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for
each day or any portion thereof, that the violation continues to exist. In determining the
amount of civil penalty to be imposed, both as to the daily rate and the subsequent total
amount for any given violation, the court shall consider all relevant circumstances,
including, but not limited to, the extent of the harm caused by the conduct constituting the
violation; the nature and persistence of such conduct; the length of time over which the
conduct occurred or was repeated; the assets, liabilities, and net worth of the violator;
whether the violator is a corporate entity or an individual; and any corrective action taken
by the violator.
(c) Attorney’s fees. In any civil action, administrative proceeding (excluding
administrative citations issued pursuant to Sections 41, 42, 43 or 44), or special
proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an
abatement order, or other order, attorney’s fees may be recovered by the prevailing party
and shall not exceed the amount of reasonable attorney’s fees incurred by the District in
that action or proceeding.
41. Administrative Citations and Penalties - General.
(a) Any violation of this Code or of the provisions of any code adopted and
incorporated by reference by this Code is subject to enforcement through the issuance of
an administrative citation and penalties in accordance with Government Code section
53069.4 and this section. Administrative citations may be issued for any violation of this
Code not occurring in the presence of the District Investigator or Enforcement Officer
issuing the citation where the issuing officer determines through investigation that the
responsible party committed, caused, allowed, or is otherwise responsible for the
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violation. The following procedures shall govern the imposition, enforcement, collection,
administrative review, and judicial review of administrative citations and penalties.
(b) Definitions. For the purposes of this Code, certain words are defined as
follows:
(1) “Abatement costs” shall mean any and all costs or expenses
reasonably related to the abatement or removal of conditions which violate any provision
of this Code or the correction of such violation, and shall include, but not be limited to,
enforcement, investigation, collection, administrative costs, and attorney’s fees.
(2) “Administrative costs” shall mean all costs incurred by or on behalf
of the District from the first discovery of the violation of this Code through the appeal
process and until compliance is achieved, including but not limited to, staff time in
investigating the violation, inspecting the property where the violation occurred, preparing
investigation reports, sending notices, preparing for and attending any appeal hearing,
telephone contacts, and correspondence.
(3) “Administrative citation” shall mean a citation issued pursuant to this
Code, stating that one or more violations of this Code has occurred and stating the
amount of the administrative penalty to be paid by the responsible party.
(4) “Ordinances of the San Bernardino County Fire Protection District,”
and “San Bernardino County Fire Code,” and “this Code” shall mean the Ordinances of
the San Bernardino County Fire District, including all pertinent provisions of state codes
as from time to time adopted and incorporated therein, enacted by the Board of Directors
of the San Bernardino County Fire Protection District, acting pursuant to authority granted
under California Health and Safety Code sections 13861, 13869, and 13869.7; or other
applicable law.
(5) “County” shall mean San Bernardino County and, as it is also known,
the County of San Bernardino, a political subdivision of the State of California, as enacted
by the State Legislature by the Statutes of California passed at the Fourth Session of the
Legislature, Chapter LXXVIII, April 26, 1853.
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(6) “District” shall mean the San Bernardino County Fire Protection
District.
(7) “Enforcement Officer” shall mean any San Bernardino County Fire
Protection District employee, or agent of the County or District with the authority to enforce
any provision of this Code.
(8) “Person” shall mean, without limitation, any government entity,
natural person, firm, association, club, organization, corporation, partnership, business,
business trust, company or other entity, which is recognized by law as the subject of rights
or duties.
(9) “Responsible party,” for the purpose of this Code, shall mean:
(A) Each person, other than a minor, who commits or causes a
violation of any provision of this Code to occur, exist or continue;
(B) Each person who is the parent or legal guardian of the minor
person who commits or causes a violation of any provision of this Code to occur, exist, or
continue;
(C) Each person who has a legal or equitable ownership interest
in any parcel of real property located within the unincorporated area of the County of San
Bernardino, within any political subdivision or district that contracts with the San
Bernardino County Fire Protection District for fire protection and prevention services, or
within those other cities and towns that ratify this ordinance, and who commits, causes,
or otherwise allows the violation of any provision of this Code to occur, exist, or continue
on such parcel; and
(D) Each person who, although not an owner, nevertheless has a
legal right or legal obligation to exercise possession and control over any parcel of real
property located within the unincorporated area of the County of San Bernardino, within
any political subdivision or district that contracts with the San Bernardino County Fire
Protection District for fire protection and prevention services, or within those other cities
and towns that ratify this ordinance, and who commits, causes, or otherwise allows the
G.12.a
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violation of any provision of this Code to occur, exist, or continue on such parcel; and
(E) In addition to the business entity itself, each person who is an
owner of that business entity in those cases in which the commission, occurrence,
existence, or continuation of the violation of any provision of this Code is most reasonably
attributable to that business entity and not to an employee of that business entity.
(c) Content of Citation. The administrative citation shall be issued on a form
approved by the San Bernardino County Fire Protection District in consultation with
County Counsel. The administrative citation form may be tailored to the specific needs of
the San Bernardino County Fire Protection District; however, all administrative citations
shall contain the following information:
(1) The name and mailing address of the responsible party.
(2) The administrative citation shall refer to the date(s) and location of
the violation and the approximate time(s), if applicable, that the violation was observed.
(3) The administrative citation shall identify each violation by the
applicable section number of this Code and by either the section’s title or a brief
descriptive caption; or by reference to the applicable permit describing the condition
violated.
(4) The administrative citation shall describe the action(s) required to
correct the violations.
(5) The administrative citation shall require the responsible party to
immediately correct the violation where appropriate or otherwise indicate a compliance
deadline date and shall explain the consequences of failure to correct the violation.
(6) The administrative citation shall state the amount of the penalty
imposed for the violation. Multiple violations may be listed on the same citation form. In
the event of multiple violations, the administrative citation shall list the penalty amount for
each violation and the total amount of all of the penalties.
(7) The administrative citation shall contain a notation box for the
enforcement officer to indicate whether or not the citation is issued as a “warning only”
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and without penalty. The administrative citation shall also include a notation box that may
be used by the enforcement officer to indicate that the penalty will be waived if the
violation is corrected by the compliance deadline date indicated on the citation form.
(8) The administrative citation shall explain how the penalty shall be paid
and the time period by which it shall be paid, and the consequences of failure to pay the
penalty within this time period.
(9) The administrative citation shall identify all appeal rights and include
instructions on how to appeal the citation.
(10) The administrative citation shall contain the printed name and the
signature of the enforcement officer issuing the citation and, where reasonably possible
to obtain it, the signature of the responsible party (or managing employee if the
responsible party is a business entity), if he or she can be located, as set forth in
subsection (d) below.
(d) Service of Citation.
(1) If the responsible party is present at the scene of the violation, the
enforcement officer shall attempt to obtain his/her signature on the administrative citation
and shall deliver a copy of the administrative citation to him/her.
(2) If the responsible party is a business, and the business owner is on
the premises, the enforcement officer shall attempt to deliver the administrative citation
to the business owner. If the enforcement officer is unable to serve the business owner
on the premises and the enforcement officer can only locate the manager or on-site
supervisor, the administrative citation may be issued in the name of the business and a
copy given to the manager or on-site supervisor. A copy of the administrative citation shall
also be mailed to the business owner by certified mail, return receipt requested, and by
first class mail. If a copy of the administrative citation that is sent by certified mail is
returned by the United States Postal Service unsigned or marked “unclaimed” and/or
“refused”, then service by first class mail shall be deemed effective provided it is also not
returned by the United States Postal Service.
G.12.a
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(3) If a responsible party cannot be located at the property, then a copy
of the administrative citation shall be posted in a conspicuous place on or near that
property, if practicable, and a copy mailed by certified mail, return receipt requested, and
by first class mail, to all responsible parties at their last known addresses as they appear
on the last County equalized assessment role, or any other available public records
related to title or ownership of the property that is the subject of the administrative citation.
If the copy of the administrative citation sent by certified mail to a responsible party is
returned by the United States Postal Service with the mail receipt unsigned, or marked
“unclaimed” and/or “refused”, then service by first class mail shall be deemed effective
provided it is also not returned by the United States Postal Service.
(4) The failure of any responsible party to receive a copy of the
administrative citation shall not affect the validity of the proceedings.
(e) Administrative Penalties
(1) General. Pursuant to California Government Code sections 53069.4
and 25132(c) and unless otherwise provided in this Code, the amount of penalty to be
imposed for a violation of this Code and assessed by means of an administrative citation
shall be one hundred dollars ($100.00) for the first occurrence of a violation; five hundred
dollars ($500.00) for the second occurrence of the same violation; and one thousand
dollars ($1,000.00) for the third and each subsequent occurrence of the same violation.
Notwithstanding this paragraph, the amount of penalty to be assessed by means of an
administrative citation may be established by resolution of the Board of Directors of the
San Bernardino County Fire Protection District.
(2) Multiple Violations. Notwithstanding the tables of administrative
penalties for violations relating to Dangerous Fireworks, Safe and Sane Fireworks, False
and Negligent Alarms and those violations defined as egregious violations, when multiple
violations of this Code or any provision of a code or standards adopted or incorporated
by reference by this Code occur concurrently and are addressed through the
Administrative Citation process pursuant to this section, the fire code official may, at his
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or her discretion, assess administrative penalties in the following manner:
(A) The administrative penalty for the first and second violation
occurring concurrently shall be the full penalty as defined by Section 41(e)(1).
(B) The administrative penalties for the third and subsequent
violations occurring concurrently may be reduced to twenty-five ($25.00) dollars per
violation.
(C) This alternative penalty system shall only apply to the first
occurrence within a one-year period.
(3) Additional Citations. If the violation is not corrected within the time
limits established in this section, then additional administrative citations may be issued
for the same violation. The amount of the penalty shall increase at the rate specified
above.
(A) Payment of the penalty shall not excuse the failure to correct
the violation nor shall it bar further enforcement action by the San Bernardino County Fire
Protection District or any other enforcement agency authorized to issue administrative
citations.
(B) The penalties assessed shall be payable to the District (or to
the District’s designated collection/processing agent), or to any enforcement agency
authorized to issue administrative citations (or to such agency’s designated
collection/processing agent) within 30 calendar days from the date the administrative
citation is issued.
(C) Except as provided below, any person who fails to pay to the
District (or the District’s designated collection/processing agent), or to any enforcement
agency authorized to issue administrative citations (or such agency’s designated
collection/processing agent) any penalty imposed pursuant to the provisions of this Code
on or before the date that the penalty is due shall also be liable for the payment of any
applicable late payment charges as established by the Board of Directors.
(D) The District may collect any past due administrative citation
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penalty or late payment charge by use of any available means, including without
limitation, the recording of a notice of lien, describing the real property affected and the
amount of the costs and administrative citation penalties claimed by the District with the
Office of the County Recorder. The District may transmit notice of the award of abatement
costs and administrative citation penalties, or notice of the judgment thereon arising from
a collection or other legal action, to the Treasurer/Tax Collector who shall place the
amount thereof on the assessment role as a special assessment to be paid with County
taxes, unless sooner paid. The District may also recover its collection costs. A judgment
or award of such costs, penalties or damages may also be enforced in any other manner
provided by law.
(E) The District may also recover its administrative costs incurred
in defending the citation at the appeal hearing.
(F) All administrative citation penalties collected pursuant to
these provisions shall be deposited into specific funds maintained by or on behalf of the
District exclusively for the purpose of funding the enforcement of this Code.
42. Administrative Citations and Penalties – Dangerous Fireworks, and Unlawful
Use of Safe & Sane Fireworks.
(a) This section governs, and applies only to, the imposition and enforcement
of administrative penalties related to the storage, possession, handling, sale, use,
transportation, or public display of those fireworks classified as “Dangerous Fireworks,”
and the unlawful use of Safe and Sane Fireworks.
(b) For the purposes of this Section, the term “Dangerous Fireworks” shall be
defined pursuant to California Health and Safety Code section 12500, et seq. and shall
also include “Safe and Sane” fireworks as defined in California Health and Safety Code
section 12529, which have been modified to act in the same manner as Dangerous
Fireworks.
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(c) The penalties e n u m e r a t e d in this section shall not apply to Law
Enforcement or District personnel acting within the scope of their official duties or to a
pyrotechnic licensee when operating pursuant to that license.
(d) The imposition of administrative penalties related to “Dangerous Fireworks”
under this section shall be limited to persons who store, possess, handle, sell, use,
transport, or publicly display 25 pounds or less (gross weight including packaging) of such
Dangerous Fireworks. Any persons who store, possess, handle, sell, use, transport, or
publicly display over 25 pounds (gross weight including packaging) of such Dangerous
Fireworks may be subject to criminal action.
(e) Administrative penalties collected pursuant to this section related to
“Dangerous Fireworks” shall not be subject to California Health and Safety Code section
12706, which section provides that certain fines collected by a court of the state be
deposited with, and disbursed by, the County Treasurer. However, the District shall
provide cost reimbursement to the State Fire Marshal pursuant to regulations to be
adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the
transportation and disposal of “Dangerous Fireworks” seized by the District, which costs
will be part of any administrative penalty imposed. Unless and until said regulations have
been adopted by the state of California, the District shall hold in trust two hundred fifty
dollars ($250) of any penalty collected to cover the cost reimbursement to the State Fire
Marshal for said cost of transportation and disposal of the “Dangerous Fireworks.”
(f) Notwithstanding the penalties defined in this Section, administrative
citations issued pursuant to this section shall comply with all the requirements of Section
41 of this Code.
(g) Each person who violates any provision of this Code relating to the storage,
possession, handling, sale, use, transportation, or public display of Dangerous Fireworks
shall be subject to the imposition and payment of an increased administrative penalty as
provided, below:
Administrative Penalties for Dangerous Fireworks
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Number of
Occurrences
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Amount of
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Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $1,250.00 $125.00 $1,375.00
Second $2,250.00 $225.00 $2,475.00
Three or More $3,250.00 $325.00 $3,575.00
(h) Each person who violates any provision of this Code relating to the unlawful
storage, possession, handling, sale, use, transportation, or public display of unmodified
Safe and Sane fireworks shall be subject to the imposition and payment of an increased
administrative penalty as provided in the table below:
Administrative Penalties for Safe and Sane Fireworks
Number of
Occurrences
in a 1-Year Period
Amount of
Administrative
Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $150.00 $15.00 $165.00
Second $250.00 $25.00 $275.00
Three or More $350.00 $35.00 $385.00
(i) The issuance of an administrative citation pursuant to this section shall not
preclude the fire code official or any other person authorized to issue an administrative
citation pursuant to this section from seizing any Dangerous Fireworks or unlawfully used
Safe and Sane fireworks pursuant to this Code and California Health and Safety Code
section 12721.
43. Administrative Penalties – Egregious Violations.
(a) Any person who violates Section 20 relating to Stop Work Orders, Section
23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25
relating to obstructed egress, Section 26 relating to unlawful open fires, and Section 27
relating to explosives and pyrotechnics or any other violation of this Code or of the
provisions of any code adopted or incorporated by reference by this Code that is
reasonably determined by the fire code official to present an immediate or potentially
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immediate threat to public safety, shall be subject to the imposition and payment of an
increased administrative penalty as provided in the table below:
Administrative Penalties for Egregious Violations
Number of
Occurrences
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Amount of
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Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $250.00 $25.00 $275.00
Second $750.00 $75.00 $825.00
Three or More $1,250.00 $125.00 $1,375.00
(b) For the purposes of this section, each instance of a violation may be
considered a separate violation subject to a separate penalty. However, multiple
violations cited during a single occurrence or inspection shall not each be considered a
separate occurrence incurring a higher penalty amount. EXAMPLE: During a first
inspection, two required exit doors are found to be chained and the dance hall is
overcrowded. An administrative citation may be issued for three (3) counts of egregious
violations at $250.00 each, rather than three (3) counts each at $250.00, $750.00, and
$1,250.00 respectively.
44. Administrative Remedies and Penalties For Nuisance Fire Alarms.
(a) Any person identified in this section who causes or allows to be caused a
nuisance fire alarm shall be subject to the remedies identified in this Section. For
purposes of this section, a “nuisance fire alarm” is any fire alarm signal that has resulted
in an emergency response where there is no evidence of an actual emergency.
(b) An administrative penalty may be imposed against the owner of a premises
on or in which a nuisance fire alarm has originated, on each occurrence after the third
occurrence at a single premises.
(c) An administrative penalty may be imposed against the owner of a premises
if the owner fails to return proof of service/repair of the equipment within fifteen (15) days
after receiving written notice from the fire code official ordering the correction of a
nuisance fire alarm.
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(d) If the fire code official determines that the nuisance fire alarm was directly
caused by an onsite employee or representative of the fire alarm contractor during the
course of testing, maintenance or repair, the nuisance fire alarm shall be counted against
the owner of the premises.
(e) In lieu of or in addition to the administrative penalties listed above, the fire
code official is authorized to order the owner of a premises to:
(A) Silence an activated fire alarm system, have corrective action taken
and thereafter reset it.
(B) Disconnect or deactivate the fire alarm system until corrective
actions can be taken.
(C) Institute a fire watch pursuant to Section 901.7 of this Code in the
event a fire alarm system is disconnected or deactivated, until corrective action is taken.
The owner is responsible for paying all costs associated with establishing a fire watch.
(f) Notwithstanding the provisions of Section 41 no administrative citation shall
be imposed for the first three (3) nuisance fire alarms at the same premises during each
calendar year.
(g) An occurrence of a nuisance fire alarm shall not result in the imposition of
an administrative penalty if the nuisance fire alarm was caused by the malicious causes
beyond the control of the owner unless the fire code official has given prior written notice
to the owner to provide reasonable safeguards against additional nuisance fire alarms
and the owner has failed to comply with that notice.
(h) Administrative Penalties. Any person who violates any provision of this
section shall be subject to the imposition and payment of an administrative penalty as
provided in the table below:
Administrative Penalties for False or Nuisance Fire Alarms
Number of
Occurrences
in a 1-Year Period
Amount of
Administrative
Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
Four to Five 1 $100.00 $10.00 $110.00
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Six to Seven $200.00 $20.00 $220.00
Eight or More $500.00 $50.00 $550.00
1. This penalty shall also apply to any occurrence of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B).
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45. Appeal of Administrative Citations.
(a) Notice of Appeal. Any person in whose name an administrative citation
has been issued may appeal the administrative citation by filing a written notice of appeal
with the District. If the District has designated a processing agent, then the responsible
party shall file his/her written notice of appeal with the designated processing agent. The
written notice of appeal must be filed within 20 calendar days of the date the
administrative citation was served in a manner set forth in subsection (d) of this section.
The written notice of appeal shall be filed together with an advance deposit, consisting of
a cashier's check, for the full amount of the penalty stated on the administrative citation;
unless the District has issued an advance deposit hardship waiver. Failure to file a written
notice of appeal within this time period shall constitute a waiver of the right to appeal the
administrative citation.
(b) Advance Deposit Hardship Waiver. Any person intending to appeal an
administrative citation and who is financially unable to make the advance deposit as
required by this section may file a written request for an advance deposit hardship waiver
with the District. A District-approved form shall be made for this purpose. The written
request shall be filed with the District within 10 calendar days of the date the
administrative citation was served.
(c) Advance Deposit Hardship Waiver Evaluation Procedures. The
advance deposit requirement shall be stayed pending a determination by the Fire
Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, that a waiver shall not be
issued. The Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, may waive
the advance deposit requirement and issue a waiver only if the person requesting the
waiver submits to the Fire Chief/Fire Warden’s attention a sworn affidavit, together with
any supporting documents or materials, reasonably demonstrating to the Fire Chief/Fire
Warden the person’s actual financial ability to submit the deposit in advance of the appeal
hearing. The filing of a written request for an advance deposit hardship waiver shall not
extend the time limits for appealing an administrative citation. The Fire Chief/Fire
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Warden, or the Fire Chief/Fire Warden’s designee, shall issue a written decision
explaining the reason(s) for not issuing the waiver. The written decision of the Fire
Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, shall be final. In the event
a waiver is not issued, the person intending to appeal must remit the advance deposit
with a written notice of appeal as herein provided.
(d) Contents of Notice of Appeal. The notice of appeal shall be submitted on
District-approved forms and shall contain the following information:
(1) A brief statement setting forth the appealing person’s (hereinafter
“appellant”) interest in the proceedings;
(2) A brief statement of the material facts which the appellant claims
supports his/her contention that they did not commit, cause, or otherwise allow a violation
of one or more provisions of this Code to occur, exist, or continue as alleged in the
administrative citation at issue; or he/she is not a responsible party as defined at Section
41(b)(9) of this Code.
(3) A mailing address at which the appellant agrees that notice of any
additional proceeding or an order relating to the imposition of an administrative citation
penalty, shall be received and accepted by the appellant by First Class Mail.
(4) The notice of appeal must be signed and dated by the appellant.
(e) Administrative Hearing. The resolution of an appeal of an administrative
citation issued under the authority of this Code shall be by an administrative hearing
conducted according to the procedures set forth in this section. Upon the District’s
designated processing agent’s receipt of a timely, written notice of appeal from the
appellant, an administrative hearing shall be held as follows:
(1) Hearing Date. The date of the hearing shall be set for a date that is
no later than 60 days from the date the notice of appeal is received by the District’s
processing agent.
(2) Notice of Hearing. Notice of the administrative hearing shall be
given to the appellant at least 10 calendar days prior to the hearing. The notice may be
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delivered to the appellant or mailed by first class mail to the address listed in the notice
of appeal. Neither personal service nor service by certified mail shall be required.
(3) Hearing Officer. The administrative hearing shall be held before the
Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee. The Hearing Officer
shall not be the enforcement officer who issued the administrative citation or his/her
immediate supervisor. The Fire Chief/Fire Warden, through the District’s contracting
process, may contract with a qualified provider for administrative processing and
collection services to provide hearing officers to conduct administrative hearings and
process administrative citations, including the collection of payment of administrative
citation penalties.
(4) Conduct of the Hearing.
(A) The Hearing Officer shall not be limited by the technical or
formal rules of evidence. The District shall bear the burden of proof at the administrative
hearing to establish the existence of a violation of this Code by a preponderance of the
evidence. The Hearing Officer shall have the discretion to exclude evidence if its
probative value is substantially outweighed by the probability that its admission will cause
an undue consumption of time. The enforcement officer establishing or confirming the
occurrence or existence of a violation of this Code shall be deemed the complaining or
reporting party. Personal or other identifying information regarding any other reporting
party shall be deemed both irrelevant and subject to the federal and state constitutional
rights of privacy; and, therefore, shall not be subject to review or disclosure.
(B) If the appellant fails to appear at the administrative hearing,
the Hearing Officer shall make his/her determination based on the information contained
in the enforcement officer’s case file and the appellant’s notice of appeal.
(C) Provided that proper notice of the administrative hearing has
been served as required by this or other applicable chapters of this Code, an appellant
who fails to appear at the administrative hearing shall be deemed to have waived each of
the following: the right to such hearing, the adjudication of issues presented at the
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hearing, and any and all rights afforded to the appellant under this Code. The appellant
shall also be deemed to have failed to exhaust his/her administrative remedies.
(D) The only evidence that shall be permitted at the administrative
hearing and considered by the administrative Hearing Officer in reaching a decision, is
that evidence which is relevant to the proof or disproof of:
(i) Ownership of the subject property, when applicable;
(ii) Whether a person noticed by the District as a
responsible party is, in fact, a responsible party;
(iii) Whether a violation of this Code occurred and/or
continues to occur on the date or dates specified in the administrative citation;
(iv) Whether the responsible party has committed, caused,
maintained, or permitted a violation of this Code on the date or dates specified on the
administrative citation.
(f) Hearing Officer’s Decision.
(1) After considering all the testimony and evidence submitted at the
hearing, the Hearing Officer shall promptly issue a written decision (“Administrative
Citation Appeal Ruling”) to uphold or cancel the administrative citation and shall list in the
decision the reasons for that decision.
(2) If the Hearing Officer determines that the administrative citation
should be upheld, then the amount of the penalties set forth in the citation shall not be
reduced or waived for any reason. This subsection shall not apply to “warning only”
administrative citations or to any administrative citation that indicates on its face that the
penalty will be waived if the violation is corrected by the deadline compliance date and
the violation is so corrected.
(3) If the administrative citation has been upheld, the Hearing Officer
may allow payment of the administrative penalty in installments, if an advance deposit
hardship waiver has been issued to the appellant.
(4) If the Hearing Officer overturns the administrative citation, then no
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penalty shall be assessed and any penalty otherwise deposited with the District or its
designated processing/collection agent, shall be promptly refunded to the appellant.
(5) The appellant shall be served with a copy of the hearing officer’s
written decision either at the conclusion of the hearing or sent by First Class Mail within
a reasonable time. The Hearing Officer’s written decision shall become final on the date
of the hearing unless mailed; otherwise it shall become final on the date of mailing.
(6) The Hearing Officer’s written decision shall contain instructions for
obtaining judicial review of the decision pursuant to California Government Code section
53069.4, as that section may be from time to time amended, or the successor provision
thereto.
(7) If the administrative citation is upheld, the Hearing Officer shall also
award the District its enforcement costs and its costs in defense of the citation (including
the actual time spent conducting the hearing). An itemized summary of these costs shall
be presented to the Hearing Officer by the District within 10 days following the Hearing
and mailed to appellant by First Class Mail to the address listed on the Notice of Appeal.
(g) Judicial Review of Administrative Hearing Officer’s Decision.
(1) Notice of Appeal. Within 20 calendar days of the date of the delivery
or mailing of the Hearing Officer’s decision to the appellant, the appellant (hereafter
“contestant”) may contest that decision by filing an appeal to be heard by the Superior
Court, and paying to the court clerk the filing fee set forth at Government Code section
53069.4, or the successor provision thereto. The failure to file the written appeal and to
pay the filing fee within this period shall constitute a waiver of the right to an appeal and
the decision shall be deemed confirmed. The contestant shall serve a copy of the notice
of appeal in person or by first class mail upon the District.
(2) Conduct of the Superior Court Appeal Hearing. The conduct of
the appeal before the Superior Court is a subordinate judicial duty and may be performed
by traffic trial commissioners and other subordinate judicial officers at the direction of the
presiding judge of the superior court. The appeal shall be heard de novo, except that the
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contents of the District’s file in the case shall be received in evidence. A copy of the
document or instrument of the District providing notice of the violation and imposition of
the administrative penalty (i.e., the administrative citation) shall be admitted into evidence
as prima facie evidence of the facts stated therein. The court shall request that the
District’s file in the case be forwarded to the court, to be received within 15 calendar days
of the request.
(3) Judgment. The court shall retain the filing fee regardless of the
outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee
shall be reimbursed to the contestant by the District. Any deposit of the administrative
penalty shall be refunded by the District in accordance with the judgment of the court. If
the administrative penalty has not been deposited and the decision of the court is against
the contestant and in favor of the District, the District may proceed to collect the penalty
pursuant to the procedures set forth in this Code, or in any other manner provided by law.
46. Recording of a Notice of Pendency.
(a) Whenever the District institutes a judicial action or proceeding to enforce
this Code, a Notice of Pendency of the action or proceeding may be filed with the County
Recorder’s Office. The notice may be filed at the time of the commencement of the action
or proceeding, and upon recordation of the notice as provided in this section, shall have
the same effect as a notice recorded in compliance with Section 405.7 of the California
Code of Civil Procedure.
(b) The County Recorder shall record and index the Notice of Pendency of
action or proceeding in the Grantor/Grantee Index.
(c) Any Notice of Pendency of action or proceeding filed in compliance with this
section may, upon motion of a party to the action or proceeding, be vacated upon an
appropriate showing of need therefore by an order of a judge of the court in which the
action or proceeding is pending.
(d) A certified copy of the “Order to Vacate Notice of Pendency” may be
recorded with the County Recorder’s Office, and upon the recordation, the Notice of
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Pendency of the action or proceeding shall not constitute constructive notice of any of the
matters contained therein nor create any duty of inquiry in any person thereafter dealing
with the property described therein.
(e) An “Order to Vacate Notice of Pendency” shall not be appealable, but the
party aggrieved by the order may, within 20 days after service of written notice of the
order, or within additional time not exceeding 20 days as the court may, within the original
20 days allow, but in no event later than 60 days after entry of the order, petition the
proper reviewing court to review the order by writ of mandate.
(f) No “Order to Vacate Notice of Pendency” shall be effective, nor shall it be
recorded with the County Recorder’s Office, until the time within which a petition for the
filing of a writ of mandate has expired in compliance with this section.
47. Filing Notice of Action.
Whenever an enforcement action is initiated and prior to filing a Notice of
Pendency, the District may, pursuant to Government Code section 27280, file with the
County Recorder’s Office a Notice of Action identifying the enforcement action taken for
violation of this Code or other applicable law.
48. Public Nuisance Abatement for Fire Hazards.
Any violation of this Code, the California Fire Code, the San Bernardino County
Fire Protection District Fire Prevention Standards or of the provisions of any code adopted
and incorporated by reference by this Code may be deemed a fire hazard by the fire code
official and acted upon pursuant to the public nuisance abatement provisions of Chapter
5 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section
23.0503.
49. Board of Appeals – Code Application and Interpretations.
(a) In order to hear and decide appeals of orders, decisions or determinations
made by the fire code official relative to the application and interpretation of this Code
(except for administrative citations issued pursuant to Sections 41, 42, 43 and 44), there
shall be two appeals boards, namely the Planning Commission and the Building and
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Safety Board of Appeal.
(b) Limitations on Authority. An application for appeal shall be based on a
claim that the intent of this Code or the rules, standards and interpretations adopted
hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply,
or an equivalent method of protection or safety is proposed. The board shall have no
authority to waive requirements of this Code.
(c) Qualifications. The board of appeals shall consist of members who are
qualified by experience and training to pass judgment on matters pertaining to hazards of
fire, explosion, hazardous conditions or fire protection systems and are not employees of
the fire code official.
(d) Appeals Hearings. Appeals concerning standards of building construction,
electrical work, and all fire protection and detection systems shall be heard by the Building
and Safety Board of Appeals. All other appeals shall be heard by the Planning
Commission. Hearings shall be in accordance with this section.
(e) Request for Hearing. Any person may appeal the District’s interpretation
regarding the provisions of the San Bernardino County Fire Protection District Fire Code
within 15 days after the date such interpretation is rendered, or after enforcement begins.
Unless an imminent hazard to life or property exists, enforcement involving an appealed
interpretation may be suspended until a decision regarding the appeal has been reached.
(f) Hearing Procedures. Within 30 days of the acceptance of an application
for an appeal, the County or City having jurisdiction shall set the matter for hearing and
shall give notice to the appellant, the applicant and to any other party who has requested
in writing to be so notified. During the hearing, witnesses may be sworn in and examined
and evidence produced, and parties may be represented by counsel. The appropriate
appeals board shall keep a record of the proceedings of each hearing and shall issue
written findings and a decision within 15 days of the conclusion of the hearing. A written
copy of the decision shall be mailed to the parties by first class mail, at such addresses
as they have provided.
G.12.a
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(g) Fees and Costs. The District shall act as staff to the Appeals Board, and
for that purpose may determine and set fees to charge an appellant to cover the cost of
preparation of the record for appeal. A summary of costs shall be compiled and sent to
the appellant after all the appeals proceedings have been completed. Any refund due the
appellant shall be returned within 60 days after the summary is sent.
50. Cost Recovery.
Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et
seq., 13916(a), 25259.4, 25514, 25515(a), 25540(a), 25541(a), California Government
Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section
23112.7, and all other provisions of law, all costs incurred by the San Bernardino County
Fire Protection District for the inspection and enforcement of any provision of this Code,
the investigation of any fire, explosion or other hazardous condition, the suppression of
fire, the response to a traffic collision or accident, the containment and/or mitigation of a
hazardous materials release, and any rescue or rendering of medical or physical aid or
assistance, may be charged to any responsible party, any person who violates this Code
or any person who, due to a negligent or unlawful act or omission, is responsible for or
requires or causes the emergency response of this District pursuant to a schedule of fees
adopted by the District. Any expense incurred by this District for such an emergency
response shall constitute a debt of such person and shall be collectible by the District in
the same manner as in the case of an obligation under contract, express or implied.
51. Treble Damages.
Upon a second or subsequent civil or criminal judgment for a violation of this Code
within a two-year period, the violator shall be liable to the District for treble the abatement
costs.
G.12.a
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SECTION 3. This ordinance shall take effect 30 days from the date of adoption.
_________________________________
________________, Chair
Board of Directors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD OF DIRECTORS
__________________________________
LYNNA MONELL, Secretary
to the Board of Directors
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
I, LYNNA MONELL, Secretary of the Board of Directors of the San Bernardino
County Fire Protection District, State of California, hereby certify that at a regular meeting
of the Board of Directors of the San Bernardino County Fire Protection District, held on
the ____ day of ________________, 2023, at which meeting were present Directors:
,
and the Secretary, the foregoing ordinance was passed and adopted by the following
vote, to wit:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the Board of Directors this ____ day of ___________________, 2023.
LYNNA MONELL, Secretary to the Board of Directors
of the San Bernardino County Fire Protection District
_____________________________
Deputy
Approved as to Form:
TOM BUNTON
County Counsel
By:___________________________
JOLENA E. GRIDER
Deputy County Counsel
Date: _________________________
G.12.a
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01247.0001/894258.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT ORDINANCE NO. 23-01 AND
REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
WHEREAS, every three years, the State of California through the State Fire
Marshal amends and adopts the California Fire Code; and
WHEREAS, local jurisdictions must enforce the State Code; and
WHEREAS, fire districts may make local code amendments; and
WHEREAS, the San Bernardino County Fire Protection District has responsibility
for enforcement of the California Fire Code within the City of Grand Terrace; and
WHEREAS, the San Bernardino County Fire Protection District has developed
amendments suited to the City’s local conditions; and
WHEREAS, the San Bernardino County Board of Supervisors acting as the Board
of Directors for the San Bernardino County Fire Protection District voted to adopt the 2022
California Fire Code with local amendments on February 28, 2023, pursuant to its
Ordinance No. 23-01; and
WHEREAS, on June 27, 2023 the City Council of the City of Grand Terrace
conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers
located 22795 Barton Road on this Ordinance and concluded the hearing that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above-stated recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. The City Council hereby finds that adoption by reference of the state
Fire Code with local amendments does not constitute a project as defined by the California
Environmental Quality Act Guidelines Section 15378, therefore, no environmental review
is required.
G.12.b
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Ordinance No. Page 2
01247.0001/894258.1
SECTION 3. The City Council hereby adopts by reference the 2022 California Fire
Code as amended by the San Bernardino County Fire Protection District Ordinance No.
23-01. A true and correct copy of the 2022 California Fire Code and Ordinance No. 23-01
are on file with the City Clerk and available for public review.
SECTION 4. Chapter 15.18 (“California Fire Code”) of the Grand Terrace Municipal
Code is hereby repealed in its entirety and replaced to read in its entirety as follows:
“Chapter 15.18 CALIFORNIA FIRE CODE
Section 15.18.010 Adoption of the California Fire Code
The 2022 California Fire Code, with local amendments, as provided in San Bernardino
County Fire Protection District Ordinance No. 23-01, is hereby adopted in its entirety by
this reference and shall be the Fire Code of the City.”
SECTION 5. Penalty Provisions. All violations of Title 15 of the Grand Terrace
Municipal Code shall be punishable pursuant to Chapter 15.04 of Title 15 of the Grand
Terrace Municipal Code (“Chapter 15.04”) and as it may be amended from time to time.
The current text of Chapter 15.04 as of the effective date of this Ordinance is set forth in
full in Exhibit “A” of this Ordinance and is incorporated herein by this reference.
SECTION 6. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies
and no further, are repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsection,
sentence clause, phrases or portions be declared valid or unconstitutionally.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days
from its adoption.
APPROVED AND ADOPTED this 27th day of June 2023.
G.12.b
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Ordinance No. Page 3
01247.0001/894258.1
____________________
Bill Hussey
Mayor
ATTEST:
_____________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
_____________________
Adrian R. Guerra
City Attorney
G.12.b
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Ordinance No. Page 4
01247.0001/894258.1
EXHIBIT A
CHAPTER 15.04 OF TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE
G.12.b
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Ordinance No. Page 5
01247.0001/894258.1
Chapter 15.04 - GENERAL PROVISIONS FOR UNIFORM CODES
15.04.010 - Applicability.
The requirements of this Chapter are general in nature and apply to all the provisions in
this Title.
15.04.020 - Substitution of references.
Whenever in any of the codes adopted in this Title there appears a reference to the
following names or terms, those names or terms shall be deemed and construed as
follows:
A. "Administrative Authority," "Building Official," "Electrical Safety Engineer" or any
other similar terms which makes reference to the individual official, board,
department or agency created by law to administer and enforce the provisions of
the code adopted in this Title shall mean the "Director of Building and Safety and
his authorized assistants."
B. "City of" or any similar reference to a political entity means the incorporated
territory of the City.
15.04.030 - Findings.
The City Council finds that these regulations and provisions and those of the codes
adopted in this Title are in compliance with Section 17922 of the Health and Safety Code
of the State of California and that the modifications and changes herein made to the model
codes adopted in this Chapter are necessary due to local conditions. A copy of the
ordinance adopting this provision shall be forwarded to the Department of Housing and
Community Development of the State of California by the City Clerk, and the copy will
serve to satisfy the requirement of filing of findings as stated in Section 17958.7 of the
Health and Safety Code of the State of California.
15.04.040 - Permit fees.
Any and all references to fees in any of the uniform codes adopted in this title are deleted;
such fees shall be set by resolution of the city council.
15.04.050 - Annual permits.
A. Where any person, firm or corporation in the course of normal maintenance
procedures proposes to install, alter or repair any electrical wiring, devices,
appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching
lines, heating, ventilating, refrigeration or water conservation equipment in an
existing facility located on property under the direct control of such person, firm or
corporation and is able to, and does in fact, furnish inspection service which meets
the requirements and rules and regulations of this code, and whose operations are
under the continuous supervision of a professional engineer or engineers, duly
registered with and licensed by the state of California, such person, firm or
corporation shall not be required to obtain approval at each consecutive inspection
step of the installation, alteration or repair but shall be required only to obtain an
annual permit or annual permits and assure that the work in progress is accessible
to the director of building and safety for such periodic inspections as he may deem
necessary.
G.12.b
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Ordinance No. Page 6
01247.0001/894258.1
B. The fee for each separate annual permit (electrical, plumbing, mechanical) shall
be based upon the number of employees doing work in the crafts covered in each
annual permit in accordance with a resolution of the city council.
C. The designated responsible supervising engineer shall file with the building and
safety department a written report specifying the work done under the issued
annual permit. Such written report shall be filed with the department of building
and safety within thirty days following the end of the fiscal year for which the permit
was issued.
15.04.060 - Enforcement—Appeals.
It shall be the duty of the director of building and safety to enforce the provisions of the
Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform
Plumbing Code and Uniform Solar Energy Code, respectively, and to determine the intent
and meaning thereof. Any determination or decision, made by the director of building and
safety, which is in dispute, is subject to review and final decision by the city council or by
a board of appeals as established by Section 204 of the Uniform Building Code, 1979
Edition.
15.04.070 - Soil report.
A. Subdivision maps shall not be given a final approval until a preliminary soil report,
prepared by a civil engineer, registered by the state of California, has been filed
with and approved by the director of building and safety.
B. The preliminary soil report shall indicate the presence, if any, of expansive soils or
any other soil problem which, if not corrected, would lead to structural defects. If
defective soil conditions are indicated, the preliminary report shall include
recommendations for corrective measures intended to prevent structural damage
to buildings erected on the site. Acceptance and approval of these
recommendations shall not preclude the consideration and approval of alternate
methods of correction which may be submitted by any other California-registered
civil engineer when accompanying a permit application for construction of a
specific building or buildings.
C. The preliminary soil report shall be based upon test borings or excavations. The
number of borings or excavations shall be adequate to determine fully the extent
and degree of soil problems, if any, which exist in the proposed subdivision;
provided, however, that not less than three such borings or excavations shall be
required for each report. If critically defective soil conditions are disclosed by initial
borings or excavations, additional borings or excavations shall be made at the
probable building location on each lot or parcel within the subdivision. Appropriate
notations shall be made upon the subdivision map so as to indicate the location
and type of defective soil noted in the preliminary report.
D. The director of building and safety shall approve the preliminary soil report:
1. If no defective soils are present on the site; or
2. If the corrective measures recommended in the report would be likely to
prevent structural damage to any buildings constructed on the site.
G.12.b
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Ordinance No. Page 7
01247.0001/894258.1
E. The preliminary soil report may be waived when the sole purpose of the subdivision
map is to assemble small lots or parcels into larger lots or parcels to define, adjust
or correct property lines of existing subdivisions.
F. The issuance of a building permit for the construction of a building on a lot or parcel
of land which has been found to have defective soils shall be conditioned to the
incorporation of an approved corrective measure intended to prevent structural
damage to the building.
15.04.080 - Water conservation.
Water used as a coolant in any stationary equipment or machinery, or water utilized for
heating or cooling in an industrial process, shall not be wasted but shall be recirculated
and reused. Every evaporative cooler shall be equipped with a circulating pump.
15.04.090 - Deadline for on-site improvements.
On-site improvements required by the terms of Title 18 must be completed or a cash
deposit submitted and approved prior to occupancy or prior to connection of utilities.
15.04.100 - Work started without permit.
Where work for which a permit is required by the codes adopted in this title is started or
proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the
payment of such penalty fee shall not relieve any persons from fully complying with the
requirements of these codes in the execution of the work nor from any other penalties
prescribed in this code; provided, however, that this provision shall not apply to
emergency work when it is proved to the satisfaction of the director of building and safety
that such work was urgently necessary and that it was not practical to obtain a permit
therefor before commencement of the work. In all such cases a permit must be obtained
as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such
permit, a double fee as provided in this section shall be charged. Any section in any of
the codes adopted in this title which is in conflict to this section is repealed.
15.04.110 - Interpretation of minimum requirements.
In interpreting and applying the provisions of this title, its provisions shall be held to be
the minimum requirements for the promotion of public health, safety and general welfare.
15.04.120 - Nuisance abatement.
Any building or structure erected or maintained, or any use of property contrary to the
provisions of this title is a public nuisance and the city attorney shall, upon order of the
director of building and safety, immediately commence an action or actions, proceeding
or proceedings, for the abatement, removal and enjoinment thereof in the manner
provided by law and shall take such steps and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate or remove such building, structure or
use, and restrain and enjoin any person from erecting or maintaining such building or
structure or using any property contrary to the provisions of this title. It shall be the right
and duty of every citizen to participate and assist the city officials in the enforcement of
the provisions of this title.
G.12.b
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Ordinance No. Page 8
01247.0001/894258.1
15.04.130 - Remedies cumulative.
All remedies provided for in this title shall be cumulative and not exclusive. The conviction
and punishment of any person under this title shall not relieve such person from the
responsibility of correcting prohibited conditions or removing prohibited buildings,
structures or improvements, nor prevent the enforced correction or removal thereof.
15.04.140 - Notice of administrative action.
A notice of pendency of administrative action or proceeding may be filed in the city clerk's
office at the time of commencement of action or proceeding or at any time before final
judgment or order. The city clerk shall record
and index the pendency of action in the name of each person specified in the action or
proceeding. After all required work has been completed and approved, the director of
building and safety shall record in the office of the city clerk a document terminating the
above notice.
15.04.150 - Action by City.
In the event that any person, firm or corporation fails, neglects or refuses to demolish,
remove, abate or correct a structure or condition existing in violation of this Title, upon his
or its property, after a civil court order or criminal conviction obtained pursuant to this
Chapter the City Council may order the Director of Building and Safety to demolish,
remove, abate or correct the offending structure or condition. A statement of the cost of
such work shall be transmitted to the City Council, which shall cause the same to be paid
and levied as a special assessment against the property.
15.04.160 - Violation—Penalty.
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating or causing or permitting the violation of any of the provisions of this Title, or of
any permit or exception granted under this Title, is guilty of a misdemeanor and upon
conviction thereof shall be punishable as provided in Chapter 1.16 of this Code. No
suspension of sentence or probation shall be granted to any such violator unless there is
included in the terms thereof that the violator shall comply with the provisions which he
has been convicted of violating and shall abate or correct the illegal condition, alteration,
enlargement, conversion, movement or maintenance of any building established,
constructed, operated or maintained contrary to the provisions of this Code.
G.12.b
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