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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. C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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 C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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 C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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). C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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. C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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. C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council 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 C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 3 , 2 0 2 3 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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. C.3 Packet Pg. 14 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 At t a c h m e n t : F Y 2 0 2 2 - 2 3 C h e c k R e g i s t e r A c c o u n t I n d e x 0 1 1 2 2 0 2 3 ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e 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 At t a c h m e n t : F Y 2 0 2 2 - 2 3 C h e c k R e g i s t e r A c c o u n t I n d e x 0 1 1 2 2 0 2 3 ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description 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 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 Packet Pg. 38 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description 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 Packet Pg. 39 At t a c h m e n t : A p r i l C h e c k R e g i s t e r ( A p r i l - 2 0 2 3 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 3 2 , 8 9 8 . 7 2 ) 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 Packet Pg. 40 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 Packet Pg. 41 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 Packet Pg. 42 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 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 Packet Pg. 43 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Approved as to form: City Attorney C.4.a Packet Pg. 44 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 Packet Pg. 45 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 C.4.b Packet Pg. 46 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 Packet Pg. 47 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 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 Packet Pg. 48 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 Packet Pg. 49 At t a c h m e n t : E m p o w e r R e t i r e m e n t ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 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 Packet Pg. 50 At t a c h m e n t : E m p o w e r R e t i r e m e n t ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 Packet Pg. 51 At t a c h m e n t : L A I F C i t y r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 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 Packet Pg. 52 At t a c h m e n t : L A I F C i t y r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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. . C.4.f Packet Pg. 53 At t a c h m e n t : M I D A m e r i c a ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 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.f Packet Pg. 54 At t a c h m e n t : M I D A m e r i c a ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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. C.4.g Packet Pg. 55 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 C.4.g Packet Pg. 56 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 C.4.h Packet Pg. 57 At t a c h m e n t : M u l t i p u l e B a n k S e c u r i t i e s R e s o l u t i o n ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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 C.4.h Packet Pg. 58 At t a c h m e n t : M u l t i p u l e B a n k S e c u r i t i e s R e s o l u t i o n ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) 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: C.5 Packet Pg. 59 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. C.5 Packet Pg. 60 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 C.5 Packet Pg. 61 (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%) 12 C.5 Packet Pg. 62 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: C.5 Packet Pg. 63 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 C.5 Packet Pg. 64 Page 1 of 3 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: C.5.a Packet Pg. 65 At t a c h m e n t : R e s o l u t i o n 2 0 2 3 - X X c o m m i t t i n g f u n d b a l a n c e f o r F Y 2 0 2 2 - 2 3 0 6 - 1 3 - 2 3 ( F u n d B a l a n c e D e s i g n a t i o n - I m p l e m e n t a t i o n o f G A S B 5 4 ) Page 2 of 3 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. C.5.a Packet Pg. 66 At t a c h m e n t : R e s o l u t i o n 2 0 2 3 - X X c o m m i t t i n g f u n d b a l a n c e f o r F Y 2 0 2 2 - 2 3 0 6 - 1 3 - 2 3 ( F u n d B a l a n c e D e s i g n a t i o n - I m p l e m e n t a t i o n o f G A S B 5 4 ) Page 3 of 3 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 C.5.a Packet Pg. 67 At t a c h m e n t : R e s o l u t i o n 2 0 2 3 - X X c o m m i t t i n g f u n d b a l a n c e f o r F Y 2 0 2 2 - 2 3 0 6 - 1 3 - 2 3 ( F u n d B a l a n c e D e s i g n a t i o n - I m p l e m e n t a t i o n o f G A S B 5 4 ) 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. C.6 Packet Pg. 68 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 C.6 Packet Pg. 69 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] C.6.a Packet Pg. 70 At t a c h m e n t : G T R e s o l u t i o n - P e t t a N a m i n g ( P e t t a P r o p e r t y D o n a t i o n - F u t u r e F a c i l i t y N a m i n g ) 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 C.6.a Packet Pg. 71 At t a c h m e n t : G T R e s o l u t i o n - P e t t a N a m i n g ( P e t t a P r o p e r t y D o n a t i o n - F u t u r e F a c i l i t y N a m i n g ) 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) C.7 Packet Pg. 72 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 C.7 Packet Pg. 73 C.7.a Packet Pg. 74 At t a c h m e n t : P a r k & R e c r e a t i o n A d v i s o r y C o m m i t t e e M e m b e r R e s i g n a t i o n - T e r r y R e a g a n ( P a r k s & R e c r e a t i o n A d v i s o r y C o m m i t t e e M e m b e r 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. C.8 Packet Pg. 75 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 C.8 Packet Pg. 76 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 C.8.a Packet Pg. 77 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 78 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 79 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 80 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 81 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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. C.8.a Packet Pg. 82 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 83 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) April 2023 Page 3 of 5 APP-22-152 City of Grand Terrace 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 C.8.a Packet Pg. 84 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) April 2023 Page 4 of 5 APP-22-152 City of Grand Terrace 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 C.8.a Packet Pg. 85 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) April 2023 Page 5 of 5 APP-22-152 City of Grand Terrace 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 C.8.a Packet Pg. 86 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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 C.8.a Packet Pg. 87 At t a c h m e n t : F i n a l D i s t r i b u t i o n A P P - 2 2 - 1 5 2 C i t y o f G r a n d T e r r a c e ( C a l A P P G r a n t A c c e p t a n c e ) 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. C.9 Packet Pg. 88 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 C.9 Packet Pg. 89 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 C.9.a Packet Pg. 90 At t a c h m e n t : G r a n d T e r r a c e 2 0 2 3 - 2 4 E l i g i b l e A p p l i c a t i o n s ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n 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 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 C.9.a Packet Pg. 91 At t a c h m e n t : G r a n d T e r r a c e 2 0 2 3 - 2 4 E l i g i b l e A p p l i c a t i o n s ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n 01247.0001/893950.1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 C.9.b Packet Pg. 92 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ($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 C.9.b Packet Pg. 93 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 94 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 95 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 96 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 97 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 98 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 99 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 100 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 101 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Packet Pg. 102 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. C.9.b Packet Pg. 103 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 C.9.b Packet Pg. 104 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. C.9.b Packet Pg. 105 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT B CONSOLIDATED PLAN C.9.b Packet Pg. 106 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 01247.0001/893950.1 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C.9.b Packet Pg. 107 At t a c h m e n t : F S A ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & N u t r i t i o n P r o g ) 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; C.10 Packet Pg. 108 • 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. C.10 Packet Pg. 109 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 C.10 Packet Pg. 110 C.10.a Packet Pg. 111 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 112 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 113 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 114 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 115 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 116 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.a Packet Pg. 117 At t a c h m e n t : A t t a c h m e n t 1 9 4 - 7 9 7 O r i g i n a l P u b l i c S a f e t y S e r v i c e s A g r e e m e n t ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C.10.b Packet Pg. 118 At t a c h m e n t : A t t a c h m e n t 2 - A m e n d m e n t N o . 3 0 t o C o n t r a c t N o . 9 4 - 7 9 7 ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C o u n t y C.10.b Packet Pg. 119 At t a c h m e n t : A t t a c h m e n t 2 - A m e n d m e n t N o . 3 0 t o C o n t r a c t N o . 9 4 - 7 9 7 ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C o u n t y C.10.b Packet Pg. 120 At t a c h m e n t : A t t a c h m e n t 2 - A m e n d m e n t N o . 3 0 t o C o n t r a c t N o . 9 4 - 7 9 7 ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C o u n t y C.10.b Packet Pg. 121 At t a c h m e n t : A t t a c h m e n t 2 - A m e n d m e n t N o . 3 0 t o C o n t r a c t N o . 9 4 - 7 9 7 ( T h i r t i e t h A m e n d m e n t t o L a w E n f o r c e m e n t C o n t r a c t 9 4 - 7 9 7 w i t h C o u n t y 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 G.11 Packet Pg. 122 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 G.11 Packet Pg. 123 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. G.12 Packet Pg. 124 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 G.12 Packet Pg. 125 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 126 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 127 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 128 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. G.12.a Packet Pg. 129 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 130 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 131 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 132 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. G.12.a Packet Pg. 133 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 134 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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: G.12.a Packet Pg. 135 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 105.6.18 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. G.12.a Packet Pg. 136 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 137 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 138 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 139 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 308.1.3 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 G.12.a Packet Pg. 140 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 141 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 142 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 143 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 144 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 315.7.1 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 G.12.a Packet Pg. 145 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 146 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 403.11 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. G.12.a Packet Pg. 147 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 148 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 149 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 150 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 151 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 152 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 503.3 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. G.12.a Packet Pg. 153 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 154 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 155 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 156 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 157 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 158 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 159 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 508.2 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. G.12.a Packet Pg. 160 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 161 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 162 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 163 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 164 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 165 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 166 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 167 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 168 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 169 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 170 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Packet Pg. 171 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 172 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 173 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 174 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 175 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 176 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 177 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 178 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 179 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: G.12.a Packet Pg. 180 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 181 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 182 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 183 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 184 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 185 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 186 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 187 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 188 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 189 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 190 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 191 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 192 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 193 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Packet Pg. 194 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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” G.12.a Packet Pg. 195 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 196 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 197 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 198 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. G.12.a Packet Pg. 199 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 200 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Number of Occurrences in a 1-Year Period Amount of Administrative 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 G.12.a Packet Pg. 201 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 in a 1-Year Period Amount of Administrative Penalty 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. G.12.a Packet Pg. 202 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 G.12.a Packet Pg. 203 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). G.12.a Packet Pg. 204 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 205 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 206 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 207 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 208 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 209 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 210 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 211 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 212 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 Packet Pg. 213 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 G.12.a Packet Pg. 214 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Packet Pg. 215 At t a c h m e n t : D r a f t O r d i n a n c e S B C F P D F i r e C o d e 2 0 2 2 ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 216 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 217 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 218 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 219 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 220 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 221 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 222 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t ) 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 Packet Pg. 223 At t a c h m e n t : ( G T ) O r d i n a n c e A d o p t i n g C o u n t y F i r e D i s t r i c t O r d i n a n c e 2 3 - 0 1 , 2 0 2 2 F i r e C o d e U p d a t e ( F i r s t R e a d i n g o f F i r e C o d e A m e n d m e n t )