11/14/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● NOVEMBER 14, 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:83696747698
Password: 243517
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 November 14, 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. 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.
C. SPECIAL PRESENTATIONS - NONE
D. 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
Agenda Grand Terrace City Council November 14, 2023
City of Grand Terrace Page 3
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 10/24/2023
DEPARTMENT: CITY CLERK
3. July 20, 2023 Planning Commission, August 10, 2023 Parks & Recreation Advisory
Committee and September 11, 2023 Historical & Cultural Activities Committee Meeting
Minutes Updates
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
4. City Hall Closure During the 2023 Holidays
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY MANAGER
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
5. Community Benefit Fund Grant Award to the Grand Terrace Cars & Coffee Santa Claus
Toy Drive Cruise in the Amount of $1,000.00
RECOMMENDATION:
Approve the Community Benefit Fund grant application in the amount of $1,000 to the
Grand Terrace Cars & Coffee Santa Claus Toy Drive Cruise to be held on Friday,
December 8th, 2023.
DEPARTMENT: FINANCE
6. Approval of (1) Third Amendment to the Disposition and Development Agreement with
Lewis Land Developers, LLC, and (2) Reimbursement Agreement with Lewis Land
Developers, LLC
RECOMMENDATION:
Adopt “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
Agenda Grand Terrace City Council November 14, 2023
City of Grand Terrace Page 4
TERRACE, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT AND REIMBURSEMENT
AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC.”
DEPARTMENT: CITY MANAGER
7. City of Grand Terrace Legislative Platform for Assemblymember Cervantes and State
Senator Roth to Advance in California State Assembly and Senate
RECOMMENDATION:
For City Council review, discussion, additions, deletions and direct staff to submit the
legislative platform to the California State Assembly and Senate for consideration
DEPARTMENT: CITY MANAGER
H. FUTURE AGENDA ITEMS REQUEST
At this time, the City Council may propose items for discussion and/or action at a future
duly agendized City Council meeting. A consensus of a majority of the quorum is
required to place an item on a future agenda.
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, December 12, 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.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● OCTOBER 24, 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,
October 24, 2023, at 6:00 p.m.
Mayor Hussey announced that the City Council will close tonight’s meeting in memory
of Grand Terrace resident Geraldine Barnett.
Invocation
The Invocation was given by Pastor Mauricio De La Barrera from Living Word Inland
Empire.
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
Agenda Item C. Special Presentations was moved after Agenda Item G. New Business.
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Minutes Grand Terrace City Council October 24, 2023
City of Grand Terrace Page 2
B. PUBLIC COMMENT
None.
D. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 10/10/2023
APPROVE THE REGULAR MEETING MINUTES FOR OCTOBER 10, 2023
3. Approval of the September-2023 Check Register in the Amount of $512,195.17
APPROVE THE CHECK REGISTER NO. 09302023 IN THE AMOUNT OF $512,195.17
AS SUBMITTED, FOR THE MONTH ENDING SEPTEMBER 30, 2023.
4. City Department Quarterly Activity Report - July-September 2023
RECEIVE AND FILE.
5. Cancellation of City Council Meetings Scheduled for November 28, 2023 and December
26, 2023
ADOPT A RESOLUTION CANCELLING THE CITY COUNCIL MEETINGS
SCHEDULED FOR NOVEMBER 28, 2023 AND DECEMBER 26, 2023
6. Approve Professional Services Agreement for Preliminary Engineering Services for
HSIP Barton Guardrail Project
1. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS
AND ASSOCIATES FOR PRELIMINARY ENGINEERING SERVICES FOR THE
HSIP BARTON GUARDRAIL PROJECT
2. GRANT AUTHORITY TO THE CITY MANAGER FOR EXECUTING THE
AGREEMENT AND ANY SUBSEQUENT AMENDMENTS
E. PUBLIC HEARINGS
None.
F. UNFINISHED BUSINESS
None.
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Minutes Grand Terrace City Council October 24, 2023
City of Grand Terrace Page 3
G. NEW BUSINESS
7. City Council Discussion to Consider Re-Naming the City of Grand Terrace Dog Park to
"Anne Wade-Hornsby Dog Park"
Konrad Bolowich, City Manager and Council Member Jeff Allen gave the staff report for
this item.
It was recommended by the City Council that the item be brought before the Parks &
Recreation Advisory Committee so that it may discuss and have a report brought back
to the City Council in February 2024 with its recommendation.
RESULT: PROVIDE DIRECTION TO STAFF [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
C. SPECIAL PRESENTATIONS
John Valdivia with Community Choice Energy (CCE) - EES Consulting, gave a
PowerPoint presentation for this item.
H. FUTURE AGENDA ITEMS
1. Motion to bring back a report to the City Council for discussion to include the City when
the feasibility study for Community Choice Energy is completed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Henderson attended the following:
• 2023 Annual League of California Cities Conference and Expo
• City of Grand Terrace Starbucks Grand Opening
• Grand Terrace Area Chamber of Commerce Mixer
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Minutes Grand Terrace City Council October 24, 2023
City of Grand Terrace Page 4
Council Member Henderson asked that Debra Thomas, City Clerk explain to the Council
the steps that are in place to minimize the impacts of Zoom bombing at the City Council
meetings.
Council Member Jeff Allen
Council Member Allen provided the City Council with a printout of the presentation from
the October 18, 2023, Solid Waste Task Force meeting held regarding SB 1383 and
SB 54.
Council Member Sylvia Robles
Nothing to Report.
Mayor Pro Tempore Doug Wilson
Mayor Pro Tem Wilson attended the following:
• City of Grand Terrace Starbucks Grand Opening
Mayor Bill Hussey
Mayor Hussey attended the following:
• City of Grand Terrace Starbucks Grand Opening
• Terrace Hills Middle School Red Ribbon Week
• City of Grand Terrace Woman’s Club Tea Celebrating 115 Years
• Grand Terrace Area Chamber of Commerce Mixer
J. CITY MANAGER COMMUNICATIONS
City Manager Bolowich announced the following:
• The playground resurfacing is complete, and the playgrounds are open
• October 31, 2023, beginning at 5:00 p.m. City of Grand Terrace Trunk or Treat in
the Walgreens parking lot
SHERIFF’S REPORT
Lieutenant Bryan Lane announced Escape 2023 to be held at the National Orange
Show is scheduled for September 28-29, 2023.
K. CLOSED SESSION
None.
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Minutes Grand Terrace City Council October 24, 2023
City of Grand Terrace Page 5
L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council in memory of Grand
Terrace resident, Geraldine Barnett, at 7:15 p.m. The Next Regular Meeting City
Council will be held on Tuesday, November 14, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: November 14, 2023 Council Item
TITLE: July 20, 2023 Planning Commission, August 10, 2023 Parks
& Recreation Advisory Committee and September 11, 2023
Historical & Cultural Activities Committee Meeting Minutes
Updates
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017, City Council meeting, the City Manager directed
the City Clerk to provide Council with a copy of the Planning Commission, Historical &
Cultural Activities Committee, and Volunteer Emergency Operations Committee minutes
to keep Council up-to-date on those Commission/Committee activities and on January
16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be
included in the Committee/Commission Report.
DISCUSSION:
On September 7, 2023, the Planning Commission held its Regular Meeting and
approved its July 20, 203 Regular Meeting minutes. The minutes of this meeting are
included as an attachment to this report. The Commission’s next Regular Meeting is
scheduled for November 16, 2023.
On September 14, 2023, the Parks & Recreation Advisory Committee held its Regular
Meeting and approved its August 10, 2023, Regular Meeting minutes. The minutes of
this meeting are included as an attachment to this report. The Committee’s next Regular
Meeting is scheduled for November 9, 2023.
On November 6, 2023, the Historical & Cultural Activities Committee held its Regular
Meeting and approved its September 11, 2023, Regular Meeting minutes. The minutes
of this meeting are included as an attachment to this report. The Committee’s next
Special Meeting is scheduled for January 8, 2024.
FISCAL IMPACT:
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None.
ATTACHMENTS:
• 07-20-2023 PC Minutes (PDF)
• 9-14-2023 P&R Minutes (PDF)
• 09-11-2023 H&C Minutes (PDF)
APPROVALS:
Debra Thomas Completed 11/07/2023 8:33 AM
City Manager Completed 11/07/2023 8:33 AM
City Council Pending 11/14/2023 6:00 PM
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CITY OF GRAND TERRACE PARKS & RECREATION ADVISORY COMMITTEE REGULAR MEETING September 14, 2023 – 4:15 p.m. City Hall Community Room – North 22795 Barton Road, Grand Terrace, CA 92313 MINUTES CALL MEETING TO ORDER: Chair Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory Committee at 4:17 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ronnie Garcia. ROLL CALL: Present: Chair Phelps; Vice-Chair Hogue (arrived 4:18pm); Committee Member Bennett, Freund. Absent: Committee Member Firnkoess
Staff: Department Secretary Garcia, Senior Management Analyst Tillman 1. Approve August 10, 2023, Regular Meeting Minutes
Committee Member Bennett moved, with a second from Vice-Chair Hogue to approve the August 10, 2023, Regular Meeting minutes. Ayes: Chair Phelps, Vice-Chair Hogue, Committee Member Bennett,
Freund. Noes: None. Absent: Committee Members Firnkoess.
2. Public Comments a. Ronnie Garcia provided an introduction of the District 21, Grand
Terrace Junior Softball team who made it to the 2005 World Series Championship. Mr. Garcia is proposing to display their World Series
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Minutes Parks & Recreation Advisory Committee September 14, 2023
jersey in a permanent area inside City Hall. Senior Management Analyst Tillman recommended Mr. Garcia and the Committee
Members to present this proposal to City Council during a City Council Meeting and allow Council to designate its placement, if any. 3. Unfinished Business
None. 4. New Business
a. Senior Management Analyst Tillman informed the committee that the
Blue Mountain Trail project is still ongoing. The city is working with their legal team to acquire the land. 5. Committee Member Comments
a. Committee Member Freund asked about acquiring more bottle filling dispensers at the parks. Senior Management Analyst Tillman informed the committee there are no projects involving additional bottle filler stations at the moment.
6. Staff Comments a. Department Secretary Garcia provided photos of the newly installed elevated bleachers at Veteran’s Freedom Park.
7. Adjournment
Chair Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory Committee at 4:43 p.m.
___________________________ ________________________________ Brian Phelps, Chair Judith J. Garcia, Committee Secretary
Next Meeting Date: November 9, 2023 @ 4:15 p.m.
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Historical and Cultural Activities Committee
Minutes – September 11, 2023
Location – Downstairs closed sessions rm
Members present – Christina Valdivia-Phelps, Renae Walker, Louise Lunstrum, Toni Epps, and Debra Thomas - City Clerk
Members Absent –
Guests –
Called to order – 6:01 pm
Secretary’s Report: Minutes for August moved to be approved by Christina, Toni 2nd. Unanimous motion passed.
Treasurer's Report: None provided. Louise wants bank statements.
Checks for musician and balloons to be given to Renae to give to vendors.
Historical Report: None.
Old Business: None.
New Business:
Country Fair September 30th, 9 am - 3 pm.
Lions Oktoberfest approved; Christina has been letting the vendors know.
Cheerleaders to sell bratwurst alongside Lions event.
Living Word is to sell kettle corn.
Mark off the parking lot on Friday the 29th @ 5 pm.
6:30 am Christina will arrive.
Using cones instead of chalk to mark off spaces
Petty cash for the opportunity drawing.
Tickets are confirmed in Toni’s hands.
Toni is presenting drawing gifts to the Chamber this week. Stephanie to help with the raffle.
CNG has a display ad going out, Toni requested, and Debra confirmed.
Lori will be posting on the Friends of the Library page about the event.
Meeting adjourned – 6:25 pm.
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AGENDA REPORT
MEETING DATE: November 14, 2023 Council Item
TITLE: City Hall Closure During the 2023 Holidays
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #1, "Ensuring Our Fiscal Viability" by temporarily
reducing some operational costs, including utilities and janitorial services, in City Hall
during the period of closure during the holidays.
BACKGROUND:
On April 14, 2015, City Council approved Resolution No. 2015-07 (Attachment I)
delegating authority to the City Manager to set the City Hall closure schedule over the
Christmas/New Year's holiday.
The City's Statement of Benefits for employees provides for holidays over Christmas &
New Year's as follows:
1.Christmas Eve;
2.Christmas Day;
3.New Year's Eve; and
4.New Year's Day;
During the 2023 calendar year, Grand Terrace City Hall was closed for "the holidays",
between Friday, December 22, 2023, through Monday, January 1, 2024.
DISCUSSION:
Most City Halls do not experience a high level of traffic and public inquiries during the
last two weeks of December. In recent years, it has been customary to close Grand
Terrace City Hall during the week of Christmas and during the week between Christmas
Eve and New Year's Day. In addition, City Council, will not meet on the fourth Tuesday
of December.
The holiday schedule for the remainder of the calendar year 2023 for all employees, is
as follows:
Friday, December 22, 2023, Christmas Eve (Recognized)
Monday, December 25, 2023, Christmas Day
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New Year’s Eve (Recognized) Friday, December 29, 2023,
Monday, January 1, 2024,New Year’s Day
Therefore, City Hall will be closed beginning Friday, December 22, 2023, through
Monday, January 1, 2024.
FISCAL IMPACT:
There is no fiscal impact on receiving and filing this report.
ATTACHMENTS:
•2015-06 CC Reso - Grand Terrace - 2015 Statement of Benefits(PDF)
APPROVALS:
Konrad Bolowich Completed 11/02/2023 10:54 AM
Finance Completed 11/06/2023 2:31 PM
City Manager Completed 11/06/2023 1:20 PM
City Council Pending 11/14/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: November 14, 2023 Council Item
TITLE: Community Benefit Fund Grant Award to the Grand Terrace
Cars & Coffee Santa Claus Toy Drive Cruise in the Amount
of $1,000.00
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Community Benefit Fund grant application in
the amount of $1,000 to the Grand Terrace Cars & Coffee
Santa Claus Toy Drive Cruise to be held on Friday,
December 8th, 2023.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
• Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of
revenue receipts and expenditure disbursements against approved budget
appropriations; and
• Goal #4 - Develop and Implement Successful Partnerships through productive
collaboration with community groups, youth programs and senior organizations.
BACKGROUND:
In past fiscal years, the City Council has approved the use of funds for the
establishment of the Community Benefits Fund Grant Program. The purpose of the
Community Benefits Fund Grant Program is to provide funding for local youth programs,
community events, community fee waivers, and to be used as an economic
development tool for small business development in the City. Each year, part of these
funds has been designated for the City’s annual Light Up Grand Terrace event.
For Fiscal Year 2023-24, the City Council has approved the use of $20,000 toward
community benefit funded programs and activities.
Various youth and senior program activities have benefited from the Community
Benefits Fund including the Foundation of Grand Terrace, the REC Center, several
youth sports leagues, and the Friends of the Grand Terrace Library.
Attachment A provides a summary of awarded grants by fiscal year and the recipients of
said grants awarded in each fiscal year.
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DISCUSSION:
I. Application received from the Grand Terrace Cars & Coffee Santa Claus Toy Drive
The Organization’s mission is to give back to the community in various ways. The
Santa Claus Toy Drive Cruise collects toys from residents for various community
groups, SBCSD Gift of Love, GT Schools and faith-based groups to give to children.
Below summarizes the current application submitted by the Organization:
Project Title: Grand Terrace Cars & Coffee Santa Claus Toy
Drive Cruise
Project Activity: They are going to hold the 4th annual Grand
Terrace Cars & Coffee Santa Claus Toy Drive
Cruise. On Friday, December 8th, 2023, they
are going to cruise a defined route through the
city with the Fire Department and Santa Claus to
collect toys from residents at designated
collection centers along the cruise route.
Public Purpose: Toys collected are provided to various
community groups, SBCSD Gift of Love, GT
Schools and faith-based groups to give to
children who may not have a Christmas Holiday
without these donations.
Amount Requested: $1,000.00
Utilization of Funds: Funds would be utilized to pay for the City’s
permit fees and other incidental costs associated
with this one evening’s event.
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Community Benefit Fund grant application in the amount of not to
exceed $1,000 to the Grand Terrace Cars & Coffee Santa Claus Toy Drive
Cruise to be held on Friday, December 8th, 2022.
Upon City Council approval, the applicant will comply with the following, if they have not
already done so:
1. Issue the City of Grand Terrace an invoice and receipts for the grant amount.
2. Ensure that the City is mentioned/included as a sponsor in any material
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advertising the activity or event.
3. Complete a W-9 form for reporting purposes.
Attached is the application received from the Grand Terrace Cars & Coffee.
FISCAL IMPACT:
Funds in the amount of $20,000.00 have been approved for the program and
established in the Community Benefits Fund (Fund 61). If approved, the table below will
show the balances of each category remaining in the fund:
FY2022-23 Community Benefits Fund
Fund
No.
Acct.
No.
Account Title Approved
Budget
Awarded
Grants
Balance
as of
Oct-
2023
Proposed
Grant
Awards
Revised
Balance
61 461-
100
Non-Profit
/Service
Organizations
$10,000 $2,310 $7,690 ($1,000) $6,690
TOTAL $10,000 $2,310 $7,690 ($1,000) $6,690
ATTACHMENTS:
• CBF - Cars and Coffee Toy Drive (PDF)
• Community Benefits Fund Award History (PDF)
APPROVALS:
Christine Clayton Completed 10/25/2023 2:37 PM
Finance Completed 10/25/2023 2:38 PM
City Manager Completed 11/06/2023 1:27 PM
City Council Pending 11/14/2023 6:00 PM
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Title 2015-16 2016-17 2017-18 2018-19 2019-20 2021-22 2022-23 2023-24 TOTAL 2023-24 TOTAL
TO DATE
Proposed
in
Nov-2023 REVISED
YOUTH / SCHOOL ORGANIZATIONS
Grand Terrace Community Basketball 1,136$ -$ -$ 1,450$ -$ -$ 2,586$ -$ 2,586$
Grand Terrace High School Football Boosters - - - 2,000 2,000 - 4,000 - 4,000
Grand Terrace High School Legacy Regiment Boosters - - - 2,000 - - 2,000 - 2,000
Grand Terrace High School Boys Basketball - - - - 2,000 - 2,000 - 2,000
Grand Terrace High School Titan Wrestling Team - - - - 1,997 - 2,000 3,997 - 3,997
Grand Terrace High School Cheer Booster Club - - - - - - - 2,000 2,000 - 2,000
Grand Terrace Little League 2,000 - 2,000 - - - 4,000 - 4,000
Grand Terrace Youth Football & Cheer - 4,000 2,000 - - - 2,000 8,000 - 8,000
Terrace View Elementary PTA 1,000 671 1,517 700 - 1,805 1,725 - 7,418 - 7,418
4,136$ 4,671$ 5,517$ 6,150$ 5,997$ 1,805$ 3,725$ 4,000$ 36,001$ -$ 36,001$
NON-PROFIT / SERVICE ORGANIZATIONS
American Cancer Society -$ -$ 2,000$ -$ -$ -$ 2,000$ -$ 2,000$
Drug Alternative Program - 2,000 - - - - 2,000 - 2,000
Foundation of Grand Terrace 2,350 2,000 1,830 - - 2,000 2,000 10,180 - 10,180
Friends of Grand Terrace Library 3,750 2,000 2,000 4,000 - - 11,750 - 11,750
Grand Terrace Lions Club - 620 - - - - 620 - 620
Sheriff’s Central Station Explorer Program - - - 2,000 - - 2,000 - 2,000
The REC Center 2,187 310 - 3,100 - - 5,597 - 5,597
Grand Terrace Cars & Coffee - - - - - 2,000 2,000 4,000 1,000 5,000
Christ the Redeemer Catholic Church - - - - - - 310 310 620 620
Grand Terrace Living Word Foursquare Church - - - - - - 2,000 2,000 - 2,000
New City Church - - - - - - - 2,000 2,000 2,000
Family Service Association - - - - 2,000 - - - 2,000 - 2,000
8,287$ 6,930$ 5,830$ 9,100$ 2,000$ 4,000$ 6,310$ 2,310$ $44,767 1,000$ 45,767$
TOTAL 12,423$ 11,601$ 11,347$ 15,250$ 7,997$ 5,805$ 10,035$ 6,310$ 80,768$ 1,000$ 81,768$
City of Grand Terrace
Community Benefit Grant Awards
GRANT AWARD HISTORY as of October 31, 2023 and Approved & Proposed Applications for November 2023
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AGENDA REPORT
MEETING DATE: November 14, 2023 Council Item
TITLE: Approval of (1) Third Amendment to the Disposition and
Development Agreement with Lewis Land Developers, LLC,
and (2) Reimbursement Agreement with Lewis Land
Developers, LLC
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Adopt “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, APPROVING
THE THIRD AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT AND REIMBURSEMENT
AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC.”
2030 VISION STATEMENT:
This staff report supports:
• City Council Goal #1 to Ensure Fiscal Viability by securing appropriate cost
recovery for services.
• City Council Goal #3 to Promote Economic Development by developing
proactive economic development plan to support retention and expansion of
existing businesses.
BACKGROUND:
DDA & Outside Grading Commencement Date: On December 19, 2016, Lewis Land
Developers, LLC (“Developer”) entered into that certain Disposition and Development
Agreement as amended by Amendment No. 1 dated February 27, 2017 and
Amendment No. 2 dated April 28, 2017 (as amended the “DDA”) with the City pursuant
to which the City sold that certain real property consisting of approximately 44 acres
(APNs 1167-151-22, 1167-151-74, 1167-151-68 and 1167-151-71) to Developer for the
purpose of developing a residential project (“Project”).
To confirm Developer’s commitment to timely construct the Project, Section 16 of the
DDA provided a repurchase right (“Repurchase Right”) to the City if Developer did not
commence grading of at least a 10-acre portion of the Property within seven (7) years
from the closing date (“Outside Grading Commencement Date”). The Property was
transferred to Developer on May 2, 2017 and, therefore, the Outside Grading
Commencement Date is May 2, 2024 which also triggers the City’s Repurchase Right.
Developer has been processing entitlements for the Project including, but not limited to,
an Environmental Impact Report, General Plan Amendment, the Gateway at Grand
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Terrace Specific Plan, a Zone Change, and Tentative Tract Map which are currently
pending final approvals.
Developer has requested a 90-day extension of the Outside Grading Commencement
Date to facilitate the parties continued negotiations of a development agreement and
other amendments to the DDA.
Reimbursement Agreement:
Since the initial discussions of the Project with Developer, there have been no
agreements or procedures in place for reimbursement of City’s costs related to the
Project. Developer, however, has voluntarily reimbursed certain costs incurred by the
City.
As part of recent negotiations between the City and Developer, the City Attorney
recommended that Developer contractually commit to reimburse the City for all costs
including, but not limited to, costs of drafting the various agreements, reviewing and
processing all entitlement applications, costs of preparing all agreements related to the
Project, all consultant fees, and all other related costs, fees, and expenses including
attorneys’ fees (“Reimbursement Agreement”), to which Developer has agreed.
DISCUSSION:
Third Amendment to DDA:
As evidenced of the City’s good faith negotiations with Developer, the parties have
agreed to amend the DDA to extend the Outside Grading Commencement Date for 90
days to July 31, 2024. This extension will allow the parties to negotiate important
outstanding matters related to the Project including, but not limited to, a development
agreement and further amendments to the DDA.
The third amendment also empowers the City Manager to execute documents on behalf
of the City, including, but not limited to, issuing future approvals, disapprovals and
extensions with respect to the DDA.
Reimbursement Agreement:
The Reimbursement Agreement will require Developer to compensate the City for all
future costs and fees including, but not limited to, the following:
“Staff time, consultant costs, engineering costs, attorneys’ fees and costs,
and expert costs in preparing, reviewing, processing and approving, if
warranted, all entitlement applications, including but not limited to,
wireless telecommunications facility permits, any development agreement,
any general plan amendment, any specific plan, any design overlay
review, any conditional use permit(s), and any environment review,
including but not limited to any environmental impact report, necessary,
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appropriate, or desirable in order to effect and implement the Project
(collectively the “Entitlements”), as well as any other fees and costs
deemed necessary by City in connection with the same.”
The Reimbursement Agreement also obligates Developer to compensate the City for all
previously incurred but unreimbursed costs incurred by the City starting from the original
initiation of discussions (August 6, 2014) to the effective date of the Reimbursement
Agreement (“Prior Expense Reimbursement Amount”). The Prior Expense
Reimbursement Amount will be completed by City Staff prior to execution of the
Reimbursement Agreement. The Prior Expense Reimbursement Amount will be paid to
City within five (5) business days from the effective date of the Reimbursement
Agreement together with a deposit against future expenses totally $100,000 (“Deposit
Amount”). The Reimbursement Agreement requires the City to provide Developer with
a monthly statement of expenses charged against the Deposit and the City’s right to
require Developer to provide additional funds to maintain the Deposit Amount.
RECOMMENDATION:
The City Manager recommends the City Council adopt “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
AND REIMBURSEMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC.”
FISCAL IMPACT:
The City will recover certain prior costs incurred by the City with respect to the Project.
ATTACHMENTS:
• (GT) Resolution Third Amend to DDA and Reimbursement Agreement
(DOCX)
• 3rd Amendment to DDA (DOCX)
• Reimbursement Agreement.docx (DOCX)
APPROVALS:
Konrad Bolowich Completed 11/08/2023 2:34 PM
City Manager Completed 11/08/2023 2:35 PM
City Council Pending 11/14/2023 6:00 PM
G.6
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01247.0001/937368.1
RESOLUTION NO. 2023-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT AND
REIMBURSEMENT AGREEMENT WITH LEWIS LAND DEVELOPERS,
LLC.
WHEREAS, on December 19, 2016, Lewis Land Developers, LLC
(“Developer”) entered into that certain Disposition and Development Agreement as
amended by Amendment No. 1 dated February 27, 2017 and Amendment No. 2
dated April 28, 2017 (as amended the “DDA”) with the City pursuant to which the
City sold that certain real property consisting of approximately 44 acres (APNs
1167-151-22, 1167-151-74, 1167-151-68 and 1167-151-71) to Developer for the
purpose of developing a residential project (“Project”); and
WHEREAS, to confirm Developer’s commitment to timely construct the
Project, Section 16 of the DDA provided a repurchase right (“Repurchase Right”)
to the City if Developer did not commence grading of at least a 10-acre portion of
the Property within seven (7) years from the closing date (“Outside Grading
Commencement Date”); and
WHEREAS, the Property was transferred to Developer on May 2, 2017 and,
therefore, the Outside Grading Commencement Date is May 2, 2024 which also
triggers the City’s Repurchase Right; and
WHEREAS, Developer has been processing entitlements for the Project
including, but not limited to, an Environmental Impact Report, General Plan
Amendment, the Gateway at Grand Terrace Specific Plan, a Zone Change, and
Tentative Tract Map which are currently pending final approvals; and
WHEREAS, now Developer seeks a 90-day extension of the Outside
Grading Commencement Date to facilitate the parties continued negotiations of a
development agreement and other amendments to the DDA; and
WHEREAS, as evidence of the City’s good faith negotiations with
Developer, the parties have agreed to amend the DDA to extend the Outside
Grading Commencement Date for 90 days to July 31, 2024 in the Third
Amendment to the DDA; and
WHEREAS, since the initial discussions of the Project with Developer, there
have been no agreements or procedures in place for reimbursement of City’s costs
related to the Project although Developer has voluntarily reimbursed certain costs
incurred by the City; and
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01247.0001/937368.1
WHEREAS, as part of recent negotiations between the City and Developer,
Developer has agreed to contractually commit to reimburse the City for all costs
including, but not limited to, costs of drafting the various agreements, reviewing
and processing all entitlement applications, costs of preparing all agreements
related to the Project, all consultant fees, and all other related costs, fees, and
expenses including attorneys’ fees in the Reimbursement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Grand Terrace, as follows:
Section 1. The Recitals set forth above are true and correct and are
incorporated herein by this reference.
Section 2. The City Council hereby approves the Third Amendment to the
DDA with Developer in substantially the form as provided in Exhibit “A,”
incorporated herein by this reference.
Section 3. The City Council hereby approves the Reimbursement
Agreement with Developer in substantially the form as provided in Exhibit “B,”
incorporated herein by this reference.
Section 4. The City Council authorizes the City Manager to sign the Third
Amendment to the DDA and the Reimbursement Agreement, subject to the City
Attorney’s approval as to form.
Section 5. This Resolution shall immediately take effect upon passage.
PASSED, APPROVED and ORDERED by the City Council of the City of
Grand Terrace, California at a regular meeting held on the 14th day of November
2023.
Bill Hussey
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
G.6.a
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01247.0001/937368.1
Adrian R. Guerra
City Attorney
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01247.0001/937368.1
Exhibit A
Third Amendment to the Disposition and Development Agreement
G.6.a
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01247.0001/937368.1
Exhibit B
Reimbursement Agreement
G.6.a
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01247.0025/933134.3 1
THIRD AMENDMENT TO LAND DISPOSITION AGREEMENT
This Third Amendment to Land Disposition Agreement ("Third Amendment") is entered into
on __________, 2023 ("Effective Date"), by and between the CITY OF GRAND TERRACE, a
municipal corporation and charter city ("City"), and LEWIS LAND DEVELOPERS, LLC, a Delaware
Limited Liability Company ("Developer").
RECITALS
A. Developer owns that certain real property consisting of approximately 44 acres (APNs 1167-
151-22, 1167-151-74, 1167-151-68 and 1167-151-71) (“Property”).
B. City and Developer entered into that certain Disposition and Development Agreement dated
August 6, 2014 as amended by (i) that certain Amendment No. 1 to Disposition and
Development Agreement dated February 27, 2017, and (ii) that certain Amendment No. 2 to
Disposition and Development Agreement dated April 28, 2017 (collectively “Original DDA”)
pursuant to which the City sold the Property to Developer for the purpose of developing a
residential project (“Project”).
C. Developer has been processing entitlements for the Project including, but not limited to, an
Environmental Impact Report, General Plan Amendment, the Gateway at Grand Terrace
Specific Plan, a Zone Change, and Tentative Tract Map (“Pending Entitlements”).
D. To confirm Developer’s commitment to timely construct the Project, Section 16 of the DDA
provided a repurchase right to City if Developer did not commence grading of at least a 10-
acre portion of the Property within 7 years of the Closing (“City’s Repurchase Right”).
E. The Closing occurred on May 2, 2017. Accordingly the Outside Grading Commencement
Date (as defined in the Original Date) is May 2, 2024 on which the City’s Repurchase Right
commences.
F. In order to allow the parties to negotiate other agreements in good faith, the parties have
agreed to amend the DDA to extend the Outside Grading Commencement Date as set forth
herein.
NOW, THEREFORE, based upon the foregoing recitals which are incorporated herein and
the terms, conditions, covenants, and agreements contained herein, the parties hereto agree as
follows:
1. Defined Terms. Defined terms shall have the same meaning as set forth in the Original
DDA as modified by this Third Amendment (“Third Amendment”). All terms of the DDA remain in
full force and effect, except as expressly provided herein and in the event of a conflict, this Third
Amendment shall control.
2. Effective Date. This Third Amendment shall be effective on the date the City executes
this Third Amendment as evidenced by the date on the signature page of this Third Amendment
(“Effective Date”).
3. Modifications/Amendment. As of the Effective Date, the Original DDA is amended and
modified as follows:
G.6.b
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01247.0025/933134.3 2
A. Section 16. REPURCHASE RIGHTS AND OBLIGATION. Section 16 is amended to
extend the Outside Grading Commencement Date to Wednesday, July 31, 2024. The
City shall not unreasonably withhold a further extension of the Outside Grading
Commencement Date if Developer is not in default under the DDA or any other
agreement with the City and has been diligently prosecuting the Pending Entitlements
but the approval of same is delayed due to a lawsuit filed by a third party challenging
any of the Pending Entitlements. Any such extension shall be in writing executed by the
parties.
B. Section 19. NOTICES. Section 19 is amended to provide that notice may not be
provided by facsimile. To be effective, notices sent via email must have a physical copy
mailed in the US mail on the same date as the email is sent.
All notices to City are to be as follows:
If to City: City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92346
Attention: Konrad Borowich, City Manager
Email: Kbolowich@grandterrace-ca.gov
With copy to: Aleshire & Wynder LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attention: Adrian Guerra, City Attorney
Email: aguerra@awattorneys.com
C. SECTION 34 CITY MANAGER AUTHORITY: Section 34 is deleted in its entirety and the
following is inserted in its place and stead:
“City by its execution of this Agreement hereby agrees that its City Manager or his or her
designee (who has been designated by City Manager’s written notice delivered to
Developer) shall, in his or her sole and exclusive discretion, have the right to execute
documents on behalf of City including, but not limited to, issuing approvals, disapprovals
and extensions. Any such approval, disapproval or extension executed by the City Manager
or his or her designee shall be binding on City. Notwithstanding the foregoing, the City
Manager shall have the right in his or her discretion to defer any such approval, disapproval
or extension to the City Council.”
5. Developer Execution. The person(s) executing this Third Amendment on behalf of
Developer represent and warrant to City that (i) he/she is duly authorized to execute and deliver this
Third Amendment on behalf of Developer; and (ii) upon execution, this Third Amendment is binding
upon Developer.
6. Construction. This Agreement shall be construed according to its fair meaning as if
prepared by both Parties to this Agreement and in accordance with the intent of the Parties. This
Amendment supersedes any and all discussions or other documents pertaining to the subject matter
herein.
7. Execution in Counterparts; Electronic Execution. This Third Amendment may be
executed in counterparts, and all so executed shall constitute one agreement binding on both parties
G.6.b
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01247.0025/933134.3 3
hereto, notwithstanding that both parties are not signatories to the original or the same counterpart.
This Third Amendment may be executed electronically in accordance with UETA and ESIGN.
8. Full Force and Effect. Except as specifically provided in this Third Amendment, the terms
of the Existing DDA shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the
date first written above.
DEVELOPER: CITY:
LEWIS LAND DEVELOPERS, LLC,
a Delaware limited liability company
By: By: Lewis Management Corp.,
a Delaware corporation
Managing Member
By: ___________________
Its: _________________
CITY OF GRAND TERRACE, a municipal
corporation
By: __________________________
Konrad Bolowich, City Manager
“Amendment Effective Date”
Dated: __________, 2023
ATTEST:
___________________________
Debra Thomas, City Clerk
Approved as to form:
ALESHIRE & WYNDER, LLP
By: ___________________________
Adrian Guerra, City Attorney
G.6.b
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01247.0025/930794.1 1
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is executed this ___ day of
________, 2023 (“Effective Date”), by and between CITY OF GRAND TERRACE, a municipal
corporation (“City”), and LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company
(“Developer”). City and Developer may be referred to jointly as the “Parties,” or individually as a
“Party.”
RECITALS
A. Developer has proposed to the City to enter into a variety of agreements, including, but not
limited to: (i) an amendment to that certain Disposition and Development Agreement dated
December 19, 2016 (as amended); (ii) an Agreement for Exchange of Real Property and
Joint Escrow Instructions with respect to certain real property (APNs 1167-151-75 and 1167-
151-71); and (iii) a development agreement with respect to that certain unimproved real
property (APNs 1167-151-22, 1167-151-74, 1167-151-68, 1167-151-71, 1167-161-03 and
1167-161-04) (“Project”).
B. Developer has agreed to reimburse City for all costs incurred by City since the Project’s initial
discussion regarding the Project and related documents (“Initiation Date”) through the
entitlement process of the Project, including, but not limited to, costs of drafting the various
agreements, reviewing and processing all entitlement applications, costs of preparing all
agreements related to the Project, all consultant fees, and all other related costs, fees, and
expenses including attorneys’ fees, a substantial portion of which has already been billed by
City and reimbursed by Developer. Nothing herein shall be construed to confirm or guarantee
that the Project will receive entitlements.
NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree
as follows:
TERMS
1. Incorporation of Recitals. The foregoing recitals are incorporated herein and made
a part of this Agreement.
2. Developer’s Responsibility for City Costs. The following reimbursement
obligations shall be collectively referred to as “City Costs.”
(a) Developer shall reimburse City for all costs and fees including, but not limited
to, staff time, consultant costs, engineering costs, attorneys’ fees and costs, and expert costs in
preparing, reviewing, processing and approving, if warranted, all entitlement applications, including
but not limited to, wireless telecommunications facility permits, any development agreement, any
general plan amendment, any specific plan, any design overlay review, any conditional use permit(s),
and any environment review, including but not limited to any environmental impact report, necessary,
appropriate, or desirable in order to effect and implement the Project (collectively the
“Entitlements”), as well as any other fees and costs deemed necessary by City in connection with
the same. The unpaid City Costs incurred by City from the Initiation Date to the Effective Date total
_______________________________ Dollars ($_______) (“Current Payment”) which amount
shall be payable to the City within five (5) business days of the Effective Date.
(b) Within five (5) business days of the Effective Date, Developer shall also
G.6.c
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01247.0025/930794.1 2
deposit with City a further sum of One Hundred Thousand Dollars ($100,000) against which City
Costs will be drawn down (“Deposit”) by City.
(c) At no point shall the minimum balance of the Deposit fall below Twenty-Five
Thousand Dollars ($25,000), and Developer shall make such additional deposit(s) required under
Section 2.1, below, within ten (10) business days of City’s written request to do so.
2.1 Additional Deposits by Developer. City’s notice requesting additional
deposits necessary to reimburse City for City Costs shall state what costs have been incurred to
date, additional costs anticipated, and how City intends to apply any needed additional Developer
deposits. If deposited sums exceed the costs incurred by City, City shall refund the difference as
soon as City determines the amount of such excess.
2.2 Compliance with City Costs Reimbursement & Deposit Provisions. In the
event that Developer does not promptly reimburse City Costs as provided in this Section 2 or does
not timely deposit or replenish the Deposits necessary to reimburse City for City Costs incurred by
City which arise from or are related to the Project, City may immediately cease all work on any
Developer application(s) and may take such further action as City deems appropriate, including
deeming any Developer application(s) abandoned.
2.3 No Interest on Deposit. No amounts deposited by Developer shall be
entitled to earn interest and all deposits may be co-mingled with other City funds in existing accounts.
2.4 Accounting. City shall keep an accounting of City Costs and all deposits
made by Developer. City shall provide monthly statements of these accounts to Developer, which
shall include descriptions of City Costs, including, the date, amount, and the type of activity for which
the cost was incurred as well sums from the Deposit as applied by City to such costs. Failure of City
to provide any accounting shall not excuse Developer’s duty to perform any act, including the duty
to make full and timely deposits required under this Section 2. Developer may question or challenge
any use of funds set forth in the accounting and may appeal same in writing to the City Council.
3. Termination. This Agreement shall remain in effect for a period of three (3) years
from the Effective Date unless terminated sooner as provided below (“Term”). Notwithstanding
termination of this Agreement for any reason, Developer shall remain obligated to reimburse City
Costs incurred by City for City Costs incurred by City prior to the date of termination.
4. Remedies. In the event of a breach by Developer, City may, in addition to any other
remedies, seek to recover City Costs plus reasonable attorneys’ fees in enforcing this Agreement.
This provision will not be interpreted to curtail any of City’s remedies at law or equity against
Developer for any violation of its codes, nor shall it be interpreted as a waiver of any defense of
Developer.
5. Conflicts of Interest.
5.1 No Financial Relationship. Developer acknowledges the requirements of
Government Code §§ 1090 et seq. (“1090 Laws”) and warrants that it has not entered into any
financial or transactional relationships or arrangements that would violate the 1090 Laws, nor shall
Developer solicit, participate in, or facilitate a violation of the 1090 Laws.
5.2 Developer’s Representations & Warranties. Developer represents and
warrants that for the 12-month period preceding the Effective Date it has not entered into any
arrangement to pay financial consideration to, and has not made any payment to, any City official,
G.6.c
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01247.0025/930794.1 3
agent or employee that would create a legally cognizable conflict of interest as defined in the Political
Reform Act (Government Code §§ 87100 et seq.).
6. Developer Acknowledgements. Subject to the reimbursement obligations set forth
in this Agreement, Developer agrees that:
(a) While Developer will be provided a reasonable opportunity to consult with City on staffing
issues concerning the Entitlements, City has sole discretion to select which of its employees
and contractors are assigned to work on the Entitlements.
(b) City has sole discretion to direct the work and evaluate the performance of the employees
and contractors assigned to work on the Entitlements, and City retains the right to terminate
or replace at any time any such person.
(c) City has sole discretion to determine the amount of compensation paid to employees or
contractors assigned to work on the Entitlements, and City shall use reasonable efforts to
ensure that such compensation does not materially exceed industry standards.
(d) City, not Developer, shall pay employees and contractors assigned to work on the
Entitlements from a City account.
(e) Developer shall not contact any consultants retained by City without City’s prior written
consent.
(f) Nothing herein shall be deemed to require or assure that City will approve any
amendments to the DDA, a development agreement and/or an exchange agreement related
to baseball fields.
(g) Nothing herein shall be deemed to assure Developer that City will approve the Project
and/or issue the Entitlements. Nothing in this Agreement shall in any way limit the discretion
of the City in acting in that regulatory capacity, and no action or inaction by the City acting in
that regulatory capacity shall be a breach or default under this Agreement.
7. Indemnification and Hold Harmless.
7.1 Non-liability of City Concerning Entitlements. The Parties acknowledge
that there may be challenges to the legality, validity and adequacy of the Entitlements and/or this
Agreement in the future; and if successful, such challenges could delay or prevent the performance
of this Agreement and/or approval of the Entitlements and/or implementation of the Project. City shall
have no liability under this Agreement for the inability of Developer to obtain Entitlements and/or
implementation of the Project as the result of a judicial determination that some or all of the
Entitlements are invalid or inadequate or not in compliance with law.
7.2 Indemnification. Developer agrees to defend, indemnify and hold harmless
City, its elected or appointed officials, agents, officers, employees, and attorneys from any claims,
demands, causes or causes of action, damages, or proceedings against City or its elected or
appointed officials, agents, officers, employees, or attorneys arising out of or related to this
Agreement, the Project, the Entitlements, and any other agreements or entitlements or permits
anticipated under the implementation of the Project (“Claims or “Demands”), whether such activities
are undertaken by Developer or by any of its agents, contractors, or subcontractors, or by any one
or more persons directly or indirectly employed by or acting as agent for Developer or any of its
agents, contractors, or subcontractors. City will promptly notify Developer of any such claim, action,
G.6.c
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01247.0025/930794.1 4
or proceeding against City, and Developer will pay City’s associated legal costs and will advance
funds assessed by City to pay for defense of the matter by City Attorney. City will cooperate fully in
the defense. Notwithstanding the foregoing, City retains the right to settle or abandon the matter with
Developer’s consent, which shall not be unreasonably withheld. . Developer shall provide a deposit
in the amount of one hundred percent (100%) of City’s estimate, in its sole and absolute discretion,
of the cost of litigation, including the cost of any award of attorney’s fees, and shall make additional
deposits as requested by City to keep the deposit at such level.
7.3 City Right to Abandon. If Developer fails to timely pay the agreed-upon
deposit or to replenish the deposit within five (5) days after written demand, City may, in its sole
discretion, abandon any litigation without liability to Developer and may recover from Developer any
attorneys’ fees and other costs for which City may be liable as a result of abandonment of any of the
Claims or Demands. Under such circumstances City shall also have the right to revoke any or all
Entitlements and deny the Project approved for or granted to Developer.
7.4 City Discretion. City shall have the right to utilize City Attorney’s office or use
other legal counsel of its choosing in responding to or defending the Claims or Demands. Developer’s
obligation to pay the defense costs of City shall extend until final judgment, including any appeals,
unless this Agreement is otherwise terminated by Developer as described above. City agrees to fully
cooperate with Developer in the defense of any matter in which Developer is defending and/or
holding City harmless. City may make all reasonable decisions with respect to its representation in
any legal proceeding relating to any Claims or Demands, including its inherent right to abandon or
to settle any litigation brought against City in its reasonable discretion.
7.5 Exception. The obligations of Developer under this Section 7 shall not apply
to any claims, actions, or proceedings arising out of the gross negligence or willful misconduct of
City, its elected or appointed officials, agents, officers, employees, or attorneys.
7.6 Survival of Indemnity & Hold Harmless Obligations. All indemnity and hold
harmless provisions set forth in this Agreement shall survive termination of this Agreement and shall
remain in effect for a period of five (5) years from and after the approval of all the Entitlements.
8. Assignment. Developer may not assign this Agreement to any other entity unless
agreed to in writing by City and upon proof of the financial viability of the successor entity to fulfill the
Agreement’s obligations and execution of such documents regarding such assignment and
assumption as reasonably required by City. City’s consent to assignment shall not be unreasonably
withheld, conditioned or delayed.
9. Relationship Between the Parties. The Parties agree that this Agreement does not
operate to create the relationship of partnership, joint venture, or agency between City and
Developer. Nothing herein shall be deemed to make Developer an agent of City.
10. Authority to Enter Agreement. Developer warrants that it has the legal capacity to
enter into this Agreement and each Party warrants that the individuals who have signed this
Agreement have the legal power, right, and authority to make this Agreement and bind each
respective Party.
11. Notices. All notices, demands, invoices, and communications shall be in writing and
delivered to the following addresses or such other addresses as the Parties may designate by written
notice:
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01247.0025/930794.1 5
To City: City of Grand Terrace
701 E. Grand Terrace Street
Grand Terrace, CA 90745
Attention: Konrad Bolowich, City Manager
Kbolowich@grandterrace-ca.gov
With a Copy to: Aleshire & Wynder, LLP
1 Park Plaza Suite 1000
Irvine, CA 92614
Attention: Adrian Guerra/Anne Lanphar & John Fox
aguerra@awattorneys.com
alanphar@awattorneys.com
jfox@awattorneys.com
To Developer: Lewis Land Developers, LLC.
c/o Lewis Operating Corp.
1156 N. Mountain Avenue
Upland, CA 91786-3633
Attn: Erren O’Leary
Erren.OLeary@lewismc.com
With a Copy to: Lewis Land Developers, LLC.
c/o Lewis Operating Corp.
1156 N. Mountain Avenue
Upland, CA 91786-3633
Attn: Brad Francke, Esq
brad.francke@lewismc.com
and
SZR Law
4695 MacArthur Court
Suite 200
Newport Beach, CA 92660
Attn: James D. Vaughn, Esq.
jvaughn@szrlaw.com
Depending upon the method of transmittal, notice shall be deemed received as follows: by
messenger, as of the date delivered; by U.S. Mail first class postage prepaid, as of seventy-two (72)
hours after deposit in the U.S. Mail; and by email, upon the sender’s receipt of an email from the
recipient acknowledging receipt provided a hard copy is mailed concurrently via US mail.
12. Cooperation; Further Acts. The Parties shall fully cooperate with one another and
shall take any additional acts or sign any additional documents as may be necessary, appropriate,
or convenient to attain the purposes of this Agreement. Nothing herein shall be deemed to imply
City’s obligations to issue any Entitlements.
13. Construction; References; Captions. The language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Unless
otherwise specified, any term referencing time, days, or period for performance shall be deemed
calendar days and not business days, provided, however that any deadline that falls on a weekend
or holiday shall be extended to the next City business day. All references to Developer include all
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01247.0025/930794.1 6
personnel, employees, agents, and contractors of Developer, except as otherwise specified in this
Agreement. All references to City include its elected officials, appointed boards and commissions,
officers, employees, agents, and volunteers. The captions of the various paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
14. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
15. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual right by custom,
estoppel, or otherwise.
16. Binding Effect. Each and all of the covenants and conditions shall be binding on and
shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or
assigns. This section shall not be construed as an authorization for any Party to assign any right or
obligation.
17. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any
right or obligation assumed by the Parties.
18. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
19. Consent to Jurisdiction and Venue. This Agreement shall be construed in
accordance with and governed by the laws of the State of California. Any legal action or proceeding
brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities
undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California
State Court in the County of San Bernardino, California.
20. Time is of the Essence. Time is of the essence with respect to this Agreement.
21. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
22. Electronic Signatures. This Agreement and all amendments and supplements to it
executed and delivered by electronic signature complying with the California Uniform Electronic
Transactions Act (Cal. Civ. Code § 1633.1 et seq.) and the U.S. federal ESIGN Act of 2000 (e.g.,
www.docusign.com and www.adobesign.com) will be deemed to have the same legal effect as
delivery of an original signed copy of such document and shall be admissible into evidence as an
original hereof to prove the contents hereof.
23. Entire Agreement. This Agreement contains the entire agreement between the
Parties and supersedes any prior oral or written statements or agreements between the Parties with
respect to the subject matter of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0025/930794.1 7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
DEVELOPER:
LEWIS LAND DEVELOPERS, LLC,
a Delaware limited liability company
By: Lewis Management Corp., a
Delaware corporation
Managing Member
By: ______________________
Its: ___________________
CITY:
CITY OF GRAND TERRACE,
a municipal corporation
By:
Konrad Bolowich, City Manager
ATTEST:
___________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER
By:____________________
Adrian Guerra, City Attorney
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AGENDA REPORT
MEETING DATE: November 14, 2023 Council Item
TITLE: City of Grand Terrace Legislative Platform for
Assemblymember Cervantes and State Senator Roth to
Advance in California State Assembly and Senate
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: For City Council review, discussion, additions, deletions and
direct staff to submit the legislative platform to the California
State Assembly and Senate for consideration
2030 VISION STATEMENT:
This staff report supports Goal #4 Develop and Implement Successful Partnerships:
Working Collaboratively with Community Groups, Private and Public Sector Agencies to
Facilitate the Delivery of Services Benefitting Youth, Seniors and Our Community, Work
with Local, Regional and State Agencies to Secure Funding for Programs and Projects.
BACKGROUND:
The City Council annually reviews its legislative platform and forwards its requests to our
state representatives in the State Senate and State Assembly. The primary purpose of the
legislative platform is to advocate for resources to preserve and enhance the City’s
quality of life. Once the Council approves the legislative platform, the City Clerk will
forward the platform with cover letters to State Senator Leyva and Assemblymember Reyes’
office.
The City Council and City Manager's office work closely with state and federally elected
representatives, as well as with the League of California Cities (LOCC) and San
Bernardino Council of Governments (SBCOG), to influence policy decisions that preserve
local control and enhance local funding opportunities.
DISCUSSION:
At its regular meeting on February 8, 2022, the City Council reviewed its 2022/2023
Legislative Platform which included fewer requests and carryover from the last year. In
preparation of the legislative platform, staff identified the following nine categories:
Hazard Mitigation Public Safety School Construction
Recreation Internet Connectivity Transit Line Shelter
Accessibility Rails to Trails Urban Farming
Development of Legislative Priorities/Advocacy allows City Council members to
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understand the body’s legislative agenda and work closely with staff, the Assembly and
Senate offices. After City Council’s review, staff was directed to send the 2022/2023
Legislative Platform to the offices of Assemblymember Cervantes and Senator Roth to
advance in the California State Assembly and Senate.
At this time staff is submitting to the City Council for review and discussion the
2023/2024 Legislative Platform (attached) and whether it desires to add or delete any
items from the project list. Upon completion of that discussion, staff will submit the
2023/2024 Legislative Platform to the Assemblymember and Senator’s offices to
advance in the California State Assembly and Senate.
FISCAL IMPACT:
While there is no general fund impact as a result of this staff report, if our
Assemblymember or Senator are successful in moving forward the City’s Legislative
Ideas, the City could receive significant revenues.
ATTACHMENTS:
• COGT 2023-2024 Legislative Priorities (DOCX)
APPROVALS:
Konrad Bolowich Completed 11/06/2023 1:21 PM
Finance Completed 11/06/2023 2:29 PM
City Manager Completed 11/06/2023 2:45 PM
City Council Pending 11/14/2023 6:00 PM
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2022/2023 Legislative Priorities
Category: Hazard Mitigation Program Cost Estimate: $3,700,000
Project: Support for Mt. Vernon Slope
Stabilization
Existing City Revenues: $580,000
PROJECT DESCRIPTION:
The City of Grand Terrace submitted a Notice of Interest (NOI) for a Hazard Mitigation Grant
from the California Emergency Management Agency. The City’s Local Hazard Mitigation Plan
(LHMP) was approved by the State of California OES Office. In the LHMP the City identified the
Mt. Vernon Slope as a significant hazard for the community. The Slope is not stable and the
City fears that imminent failure will result in loss of life. It is estimated that stabilization of the
Mt. Vernon Slope will cost approximately $3,700,000.
The City originally planned to pay for the project with Redevelopment Bond proceeds.
However, when RDA ended in 2012, the funds were frozen, therefore the City is unable to
address this significant hazard within the community. The City was able to set aside
approximately $600,000 in RDA bond proceeds to match a potential grant from OES. California
Emergency Management Agency (CEMA) has determined that the Mt. Vernon Slope is an
eligible project for Hazard Mitigation Grant funds. CAL-OES modified the City’s most recent
application, breaking it down into a Planning/Design Grant for Phase I and Phase 2-
construction. Staff is working with State OES to discuss future funding opportunities. The
project should also be considered a regional infrastructure program because it is used by
commuters of the cities of Colton and Grand Terrace, as well as counties of San Bernardino
and Riverside.
REQUEST: □ Letter of Support □ Amend Existing Legislation
☑ Propose Legislation □ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
The City’s Local Hazard Mitigation Plan, adopted by the City Council on July 24, 2018, and
approved by FEMA, on August 3, 2018, allows Grand Terrace to compete for grants from any
Federal disaster grant program. The Federal grant programs from FEMA are administered
through Cal OES. In addition, staff recommends, Grand Terrace, Colton and Riverside County
ask for an earmark in the 2022-23 State Budget, as constituents from those jurisdictions
continuously travel along the potentially hazardous road segment.
EXISTING LEGISLATION:
The League of California Cities 2019 strategic goals include an item to improve disaster
preparedness, recovery, and climate resiliency. If additional funding is awarded in these areas,
Grand Terrace’s Hazard Mitigation Plan should allow Grand Terrace to compete for funds.
POTENTIAL PARTNERSHIP:
The City of Grand Terrace has also solicited support from the City of Colton. The City will also
reach out to local utilities that would also be impacted if Mt. Vernon slope experienced a
failure.
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2022/2023 Legislative Priorities
Category: School Construction Program Cost Estimate: $34,000,000
Project: Support Legislation to provide
priority funding of Proposition 51
Funds (Public Schools Bond Act of
2016) to schools that are on
environmentally compromised sites,
adjacent to freeways and major
intersections.
Existing Project Revenues: $10,000,000
PROJECT DESCRIPTION:
Grand Terrace Elementary School is located next to the I-215 Interchange. The school is
adjacent to Barton Road, to the south and east of interstate 215. The Colton Joint Unified
School District would like to relocate the school to land it owns on Michigan and Main Street.
The current school site has an estimated commercial value of approximately $10,000,000. The
estimated costs to build a new school is approximately $34,000,000.
The City would like to partner with the School District, as relocating the school will generate
new property tax and sales tax on the current school site. The school site is identified in the
California Enviro Screen in a Disadvantaged Community and is in the New Market Tax Credit
Zone Area. Cap-and-trade proceeds could also be used to help facilitate the schools move.
More than 30 years ago, the school district tested and found very low levels of lead in the soil.
REQUEST: □ Propose Legislation ☑ Amend Existing Legislation
□ Letter of Support ☑ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Over $6,000,000,000 is available in Prop 51 Funding for new construction or modernization of
schools.
EXISTING LEGISLATION:
Prop 51.
POTENTIAL PARTNERSHIP:
The School Facilities Planning Division (SFPD) is the responsible administrative arm of the Office
of School Construction. They review all sites and approve. Some of the notable reasons that
they will deny a school site are proximity to airports and freeways.
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2022/2023 Legislative Priorities
Category: Rails to Trails Program Cost Estimate: $3,000,000
Project: Urban Greening Grants Existing City Revenues:
PROJECT DESCRIPTION:
The City of Grand Terrace urge the Assembly Member and Senator representing the City of
Grant Terrace to work with California Resource Agency and introduce legislation to support
Grants for California Rails to Trails. The Santa Ana River Trail runs along the northern portion
of the City of Grand Terrace. Abandoned Railroad sections could easily be used by commuters
and recreational cyclist to Access the Santa Ana River Trail. The City would like to rejuvenate
the area and turn the abandoned rail line into safe and convenient access to the Santa Ana
Rivers Trail.
The conversion of abandoned rail, eliminates vehicle, bike and pedestrian conflicts and
increases the probability that more people will be comfortable biking and jogging. The
movement of goods and services are an important part of the California Economy, Abandon
rail lines were a part of the important infrastructure. However, automation and intermodal
transportation continuously expands and contracts, eliminating service needs in one area and
expanding in other areas. The abandon rail lines in Grand Terrace are a result of our nation’s
transportation infrastructure. Transportation companies and oversight agencies should be
accountable for transitioning rail lines from transportation infrastructure to usable community
spaces.
REQUEST: □ Propose Legislation ☑ Amend Existing Legislation
□ Letter of Support ☑ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Urban Greening Grant
EXISTING LEGISLATION:
POTENTIAL PARTNERSHIP:
Rails to Trails Conservancy
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2022/2023 Legislative Priorities
Category: Program Cost Estimate: $175,000
Project: Neighborhood Watch and
ALPR Camera Program
Existing City Revenues:
PROJECT DESCRIPTION:
The City of Grand Terrace deployed an ALPR Camera System and a passive camera system
throughout the main corridors of the City. The system is very effective and allowed the Sheriff
to solve a significant number of crimes. However, the system does have a few gaps and the
City seeks funding to fully form a virtual net around the City, with an ability to read every
license plate entering and exiting the City limits.
In addition, the City would like to enhance its Neighborhood Watch Program by offering
resources to local neighborhood groups to show support for the program. The City would
increase the visibility of its neighborhood watch program from the purchase of new signs,
window decals and booklets.
REQUEST: □ Propose Legislation □ Amend Existing Legislation
☑ Earmark in 2020-21 State Budget □ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Staff will send Assembly Person Reyes a detailed expenditure request for cameras, signs and
other materials needed to support and build a safe community built on efficiency and
volunteerism.
EXISTING LEGISLATION:
POTENTIAL PARTNERSHIP:
San Bernardino County Sheriff’s Department
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2022/2023 Legislative Priorities
Category: Hazard Mitigation Program Cost Estimate: $2,000,000
Project: Storm Water Infrastructure to
Recharge Ground Water
Existing City Revenues:
PROJECT DESCRIPTION:
Although nearly the entire City of Grand Terrace is in the 500-Year flood zone, which means there is a 0.2-
percent-annual-chance of flooding and the northwestern most part of the City, located in the Santa Ana River
Floodplain, is in a 100-Year flood zone. This means there is a 1-percent annual chance of flooding in this area,
yet the City identified flooding within its Hazard Mitigation Plan?
Flooding is a significant issue because In Grand Terrace water is conveyed from the Blue Mountain in the East
downstream via street flows. The natural and manmade topography, mountains to the east with residential
neighborhoods adorning long impervious streets with “12 curbs to propel rainfall and runoff to the west end
of the city. Main, Pico, Van Buren, and De Berry streets touch the edge of the Blue Mountain and lead to the
west end of the city. Properties adjacent to these Streets may be subject to damage during storm events.
Winter storms in the past have caused gutters to overflow City streets on to private property. Properties
adjacent to the storm channels have been damaged and road closures have taken place.
The actual drainage facilities that do exist in the City of Grand Terrace consist primarily of reinforced concrete
pipes (RCP) and trapezoidal channels. During significant storm events, the water flows are so great, the storm
water infiltrates and contaminates the City of Riverside’s Public Utility freshwater systems. While storm
water runoff management practices historically tried to control pollutants and limit property damage,
current regulatory decisions emphasize holistic strategies that focus on storm water as a resource, newer
low impact development and green infrastructure techniques are now capitalizing on opportunities to
capture storm water runoff and use it for local landscape and agricultural irrigation, and groundwater
recharge.
REQUEST: ☑ Earmark in 2022-23 State Budget ☑ Letter of Support for CWSRF
POTENTIAL STATE FUNDING SOURCE(S)
Proposition 1 provides $200 million in grant funding for multi-benefit projects that utilize storm water as a
resource, often while improving water quality. The State Water Board also makes loan funding available
through the Clean Water State Revolving Fund (CWSRF) loan program. The State Water Board continues to
promote projects that convert storm water and dry weather runoff to a valuable water supply through its
funding program. Eligible project types include projects that recharge groundwater aquifers with captured
storm water, reuse storm water for domestic or municipal purposes, treat storm water to remove pollutants,
support watershed processes, and beautify communities through creation of habitat and green spaces. The
City can partner with Riverside Public Utilities
EXISTING LEGISLATION:
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