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02/27/2024CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● FEBRUARY 27, 2024 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: 860 3471 7689 Passcode: 616154 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 February 27, 2024 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 Update on JC Wallace House – A&A Health Services CEO Betty Dominici Grand Terrace Women’s Club Annual Report Agenda Grand Terrace City Council February 27, 2024 City of Grand Terrace Page 3 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 calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 02/13/2024 DEPARTMENT: CITY CLERK 3. Approval of the January-2024 Check Register in the Amount of $573,046.78 RECOMMENDATION: Approve the Check Register No. 01312024 in the amount of $573,046.78 as submitted, for the month ending January 31, 2024. DEPARTMENT: FINANCE 4. Second Reading by Title Only, with Further Reading Waived, an Ordinance Amending Title 12.08 'Street Excavation' of the Municipal Code RECOMMENDATION: 1. Direct the City Attorney to read by title only, waive further reading, and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 12.08 STREET EXCAVATION. DEPARTMENT: PUBLIC WORKS 5. MOU with San Bernardino County Health Department for SB 1383 Edible Food Generator Inspections RECOMMENDATION: ACCEPTING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SERVICES, FOR THE PERIOD OF FEBRUARY 27, 2024, THROUGH DECEMBER 31, 2025, FOR SB 1383 EDIBLE FOOD GENERATOR INSPECTIONS DEPARTMENT: PUBLIC WORKS 6. Non-Owner Occupied/Rental Property Program RECOMMENDATION: Eliminate Non-Owner Occupied/Rental Property Program and Good Landlord Program DEPARTMENT: PLANNING & DEVELOPMENT SERVICES Agenda Grand Terrace City Council February 27, 2024 City of Grand Terrace Page 4 7. Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement, and Approve the Incremental Increase in Member Dues to $18,405 RECOMMENDATION: Staff recommends City Council approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement and approve the incremental increase in member dues to $18,405. DEPARTMENT: CITY MANAGER E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 8. Design Selection for New All-Electric Senior Bus RECOMMENDATION: Propose CITY COUNCIL BE GIVEN THE OPPORTUNITY TO SELECT ONE OF THE FOUR DESIGNS PRESENTED FOR THE NEW SENIOR BUS DEPARTMENT: PUBLIC WORKS 9. Consideration of a Resolution of the City Council of the City of Grand Terrace Approving a Form Reimbursement and Indemnification Agreement to be Used in Relation to Development Projects Within the City and Authorizing the Execution Thereof by the City Manager Subject to City Attorney Approval as to Form RECOMMENDATION: 1. Adopt a Resolution approving a Form Reimbursement and Indemnification Agreement and Authorizing the City Manager to Execute the Same Subject to City Attorney Approval as to Form. DEPARTMENT: CITY ATTORNEY H. FUTURE AGENDA ITEMS 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. Agenda Grand Terrace City Council February 27, 2024 City of Grand Terrace Page 5 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, March 12, 2024, 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 ● FEBRUARY 13, 2024 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Council Member Bill Hussey convened the Regular Meeting of the City Council for Tuesday, February 13, 2024, at 6:00 p.m. Council Member Jeff Allen requested that the meeting be closed in memory of Grand Terrace resident, Joe Ramos. Invocation The Invocation was led by Mayor Pro Tem Doug Wilson. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Jeff Allen. 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 Konrad Bolowich, City Manager announced the addition of the introduction of new Assistant Fire Chief, Gary Jager. D.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 2 B. PUBLIC COMMENT Sarah Wilson, Grand Terrace requested the City Council approve a cease fire proclamation for Gaza, Palestine. Johan Gallo, Grand Terrace expressed his concern regarding the City Council’s deliberations on the Establishment of a Transactions and Use Tax discussion at its January 9, 2024, regular meeting. Colin Markovich, Field Representative for Assembly Member Sabrina Cervantes provided a legislative update to the City Council. C. SPECIAL PRESENTATIONS Fire Chief/Fire Warden Daniel R. Munsey of the San Bernardino County Fire Protection District gave a PowerPoint presentation on Fire Protection Service Zone 5 (FP-5) and Ballot Measure W which would repeal FP-5. PUBLIC COMMENT James Grigoli, President of the San Bernardino County Fire Union expressed his opposition to Measure W which would repeal funding for Fire Protection Service Zone 5. D. CONSENT CALENDAR Council Member Kenneth J. Henderson pulled Agenda Item Nos. 4, 6, and 7 for discussion. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 01/09/2024 APPROVE THE REGULAR MEETING MINUTES OF JANUARY 9, 2024 3. Proclaim Existence of a Local Emergency ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING, DECLARING AND PROCLAIMING A LOCAL EMERGENCY FOR THE CITY OF GRAND TERRACE D.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 3 5. Emergency Management Performance Grant (EMPG) FY2022 1. RECEIVE AND FILE THE SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES-EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROJECT APPROVAL NOTIFICATION LETTER. 2. ACCEPT THE EMPG AWARD IN THE AMOUNT OF $14,500. 3. AUTHORIZE THE IN-KIND MATCH OF $14,500 FROM THE CITY’S APPROVED FY2023-24 OPERATING BUDGET AS REQUIRED BY THE EMPG GRANT. 4. APPROVE THE REVENUE AND EXPENSE APPROPRIATIONS IN THE AMOUNTS OF $29,000 RESPECTIVELY FOR THE EMPG GRANT ACTIVITY. 5. APPROVE FY22 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) SUBRECIPIENT AGREEMENT. 8. Appropriations for Barton Rd Slope Repair 1. APPROVE APPROPRIATIONS IN THE AMOUNT OF $192,000 FOR THE BARTON RD SLOPE REPAIR. 2. AWARD A CONTRACT TO TK CONSTRUCTION FOR REPAIR SERVICES IN THE AMOUNT OF $192,000 PLUS A 10% CONTINGENCY ($19,200) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. 9. Street Rehabilitation Project: FY 2023-24 CIP and City Yard Improvements 1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING THE REVISION TO THE FISCAL YEAR 2023-24 FIVE-YEAR CAPITAL IMPROVEMENT PLAN (CIP) FOR FISCAL YEARS 2023-24 THROUGH 2027-28. 2. FIND THAT THE CAPITAL IMPROVEMENT PROJECT (CIP 2023-1) IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA REGULATIONS SECTION 15301(C) AND AUTHORIZE THE PREPARATION AND FILING OF A NOTICE OF EXEMPTION AS APPLICABLE. 3. AWARD THE CAPITAL IMPROVEMENT PROJECT (CIP 2023-24) TO HARDY & HARPER, INC. ON THE BASE BID AND APPROVE THE PUBLIC WORKS AGREEMENT WITH HARDY & HARPER, INC., IN THE AMOUNT OF $1,188,000, PLUS A 10% CONTINGENCY ($118,800) FOR THE CONSTRUCTION OF THE CAPITAL IMPROVEMENT PROJECT (CIP 2023-24), AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. 4. AWARD A CONTRACT TO WILLDAN FOR INSPECTION SERVICES FOR CAPITAL IMPROVEMENT PROJECT (CIP 2023-24) IN THE AMOUNT OF $36,240 PLUS A 10% CONTINGENCY ($3,624), AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. D.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 4 10. Concrete Rehabilitation Project - Sidewalk and Ramp Replacement 1. FIND THAT THE CONCRETE REHABILITATION PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA REGULATIONS SECTION 15301(C) AND AUTHORIZE THE PREPARATION AND FILING OF A NOTICE OF EXEMPTION AS APPLICABLE. 2. AWARD THE CONCRETE REHABILITATION PROJECT TO HARDY & HARPER, INC., ON THE BASE BID AND APPROVE THE PUBLIC WORKS AGREEMENT WITH HARDY & HARPER, INC., IN THE AMOUNT OF $84,315.00 PLUS A 10% CONTINGENCY ($8,431.50) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. 3. AWARD A CONTRACT TO WILLDAN FOR INSPECTION SERVICES IN THE AMOUNT OF $18,120 PLUS A 10% CONTINGENCY ($1,812) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. Consent Items Pulled for Discussion 4. Revise the Special Event Fees and Deposit Requirement Previously Approved and Established by the City Council in Title 8, of the Grand Terrace Municipal Code PUBLIC COMMENT Becky Giroux, Grand Terrace expressed her appreciation to the City Council for revising the Special Event Fee which she believes will promote more community events for the city’s residents. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA TO AMEND THE SPECIAL EVENT FEES AND DEPOSIT REQUIREMENT PURSUANT TO TITLE 8 OF THE GRAND TERRACE MUNICIPAL CODE AND FINDING THE RESOLUTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL EQUALITY ACT (“CEQA”) RESULT: APPROVED [UNANIMOUS] MOVER: Kenneth J. Henderson, Council Member SECONDER: Jeff Allen, Council Member AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson 6. An Amendment to the Agreement Between the City of Grand Terrace and Michael Baker International - Housing Element Consultant Services for the 2021-2029 Planning Period to Incorporate Additional Public Outreach to Complete HCD Response to Comments and Obtain an Adopted Housing Element 1. APPROVE AN AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL FOR HOUSING ELEMENT CONSULTANT SERVICES D.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 5 FOR THE 2021-2029 HOUSING ELEMENT RESPONSE TO HCD COMMENTS AND HOUSING ELEMENT ADOPTION IN THE AMOUNT OF $37,110.00, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $77,360; AND 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 UP TO $24,750.00 AND GENERAL FUND OF $16,071.00. RESULT: APPROVED [UNANIMOUS] MOVER: Kenneth J. Henderson, Council Member SECONDER: Jeff Allen, Council Member AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson 7. Consideration of a Resolution of the City Council of the City of Grand Terrace Approving a Form Reimbursement and Indemnification Agreement to be Used in Relation to Development Projects Within the City and Authorizing the Execution Thereof by the City Manager Subject to City Attorney Approval as to Form COUNCIL MEMBER HENDERSON MOVED, WITH A SECOND FROM COUNCIL MEMBER ALLEN TO MOVE AGENDA ITEM NO. C.7 TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL ON TUESDAY, FEBRUARY 27, 2024 RESULT: APPROVED [4 TO 1] MOVER: Kenneth J. Henderson, Council Member SECONDER: Jeff Allen, Council Member AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson NOES: Doug Wilson, Mayor Pro Tem E. PUBLIC HEARINGS 11. Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance Amending Title 12.08 Street Excavation Shanita Tillman, Senior Management Analyst gave the staff report and PowerPoint presentation for this item. Mayor Hussey opened the public hearing at 7:15 p.m. PUBLIC COMMENT None. Mayor Hussey closed the public hearing at 7:15 p.m. D.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 6 INTRODUCTION AND FIRST READING BY TITLE ONLY, WITH FURTHER READING WAIVED AN ORDINANCE AMENDING TITLE 12.08 STREET EXCAVATION RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Mayor Pro Tem SECONDER: Kenneth J. Henderson, Council Member AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson 12. Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year 2024-25 Shanita Tillman, Senior Management Analyst gave the staff report and PowerPoint presentation for this item. Mayor Hussey opened the public hearing at 7:22 p.m. PUBLIC COMMENT None. Mayor Hussey closed the public hearing at 7:22 p.m. 1) CONDUCT A PUBLIC HEARING FOR THE PRIORITIZATION OF ELIGIBLE APPLICATIONS FOR 2024-25 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING; AND, 2) PRIORITIZE FUNDING ALLOCATIONS AND AUTHORIZE STAFF TO SUBMIT THE CITY'S CDBG FUNDING RECOMMENDATION TO THE COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY. RESULT: APPROVED [UNANIMOUS] MOVER: Kenneth J. Henderson, Council Member SECONDER: Jeff Allen, Council Member AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson F. UNFINISHED BUSINESS – NONE Mayor Hussey recessed the Regular Meeting of the City Council at 7:23 p.m. Mayor Hussey reconvened the Regular Meeting of the City Council at 7:35 p.m. D.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 F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 7 G. NEW BUSINESS 13. Information on the Process of Implementation, the Difference Between a General Purpose and Special Purpose Tax, the Requirements for Adoption by City Council Action or Adoption by Initiative, the Requirement for Each Process, and the Timing Associated with Placing the Item on the Ballot Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for this item. PUBLIC COMMENT Jessica Brown, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Edward Giroux, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Michael Gomez, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Dan Flores, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Michelle Sabino, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Johan Gallo, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. Bobbie Forbes, Grand Terrace supports and requests that the City Council place a Transactions and Use Tax on the ballot of the General Municipal Election scheduled November 5, 2024. D.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 F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 8 CITY STAFF RECOMMENDS THAT THE CITY COUNCIL: 1. DIRECT STAFF TO PREPARE NECESSARY RESOLUTIONS AND AN ORDINANCE TO ESTABLISH A GENERAL TRANSACTIONS AND USE TAX; 2. PROVIDE DIRECTION TO UTILIZE A RATE OF 1.00% OR SOME OTHER RATE. RESULT: APPROVED [4 TO 1] MOVER: Kenneth J. Henderson, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson NAYS: Sylvia Rodriguez-Robles 14. City Council to Submit its Opposition to the Public Utilities Code Tax Provision, Section 739.9 Embedded into Assembly Bill 205 (2022) Konrad Bolowich, City Manager gave the staff report on this item. PUBLIC COMMENT None. THAT THE CITY COUNCIL SUBMIT ITS OPPOSITION TO PUBLIC UTILITIES CODE TAX PROVISION, SECTION 739.9 EMBEDDED INTO ASSEMBLY BILL 205 (2022) RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Rodriguez-Robles, Council Member SECONDER: Kenneth J. Henderson, Council Member AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson 15. Priority Projects FY 2023-2024_FY2024-2025 Review Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for this item. PUBLIC COMMENT None. THAT THE CITY COUNCIL REVIEW AND PROVIDE FEEDBACK AND DIRECTION AS APPROPRIATE. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson H. FUTURE AGENDA ITEMS - NONE D.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 F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 9 I. CITY COUNCIL COMMUNICATIONS Council Member Kenneth J. Henderson Council Member Kenneth J. Henderson commented on board meetings and events that he attended. Click here for the 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 he attended. Click here for the report. Mayor Pro Tempore Doug Wilson Nothing to Report. Mayor Bill Hussey Mayor Bill Hussey commented on board meetings and events that he attended. Click here for the report. J. CITY MANAGER COMMUNICATIONS SHERIFF’S REPORT Lieutenant Bryan Lane, San Bernardino County Sheriff’s Department reported on the following: • Office of Traffic Safety Activity for the City of Grand Terrace o DUI Checkpoint held December 16, 2023 ▪ 697 cars traversed through the checkpoint. ▪ 49 pulled into the pit for investigation. ▪ 2 arrests made for DUI. ▪ 15 citations issued – no license/driving on a restricted license. ▪ 22 staff members participated in the operation. o February 9, 2024, Proactive Enforcement ▪ Primary collision factors ▪ 2 deputies worked 8 hours. ▪ 15 citations issued. D.2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 10 K. RECESS TO CLOSED SESSION Mayor Hussey recessed the Regular Meeting of the City Council to closed session at 9:05 p.m. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: APNs 1167-151-22, 2267-151-74, 1167-151-68, 1167-151-71, 1167- 161-03 and 1167-161-04 City negotiator: Konrad Bolowich, City Manager Negotiating parties: Lewis Land Developers Under negotiation: Price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6 Agency Designated Representatives: Konrad Bolowich, City Manager Adrian R. Guerra, City Attorney Employee Organization: Teamsters Local 1932 Unrepresented Employees City Manager, Finance Director, City Clerk, Director of Public Works, Director of Planning & Development Services, Senior Management Analyst (Two Positions), Management Analyst 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No.: CIV SB 2107692 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, pursuant to Government Code Section 54956.9(a) Case Name: Ben Eilenberg, an individual v. City of Grand Terrace, et al. Case No.: CIV SB 2200100 RECONVENE TO OPEN SESSION Mayor Hussey reconvened the Regular Meeting of the City Council from closed session at 10:20 p.m. D.2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council February 13, 2024 City of Grand Terrace Page 11 REPORT OUT OF CLOSED SESSION K.1 Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8 Mayor Hussey announced there was no reportable action taken and direction was given to staff. K.2 Conference with Labor Negotiators, pursuant to Government Code Section 54957.6 Mayor Hussey announced there was no reportable action taken and direction was given to staff. K.3 Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a) Mayor Hussey announced there was no reportable action taken and direction was given to staff. K.4 Conference with Legal Counsel – Existing Litigation, pursuant to Government Code Section 54956.9(a) Mayor Hussey announced there was no reportable action taken and direction was given to staff. L. ADJOURN Mayor Hussey adjourned the Regular Meeting of the City Council in memory of Grand Terrace resident, Joe Ramos at 10:21 p.m. The Next Regular City Council Meeting will be held on Tuesday, February 27, 2024, at 6:00 p.m. _________________________________ _________________________________ Bill Hussey, Mayor Debra L. Thomas, City Clerk D.2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 1 3 , 2 0 2 4 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Approval of the January-2024 Check Register in the Amount of $573,046.78 PRESENTED BY: Christine Clayton, Finance Director RECOMMENDATION: Approve the Check Register No. 01312024 in the amount of $573,046.78 as submitted, for the month ending January 31, 2024. 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 January-2024 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 January-2024. 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 that do not have a budgetary impact. DISCUSSION: CHECK REGISTER A total of $573,046.78 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 January-2024. D.3 Packet Pg. 17 Payments larger than $10,000: Check No. Payee Description Amount 80888 HDL SOFTWARE LLC 2024 BUSINESS LICENSE RENEWALS MAILED $11,805.00 80895 LANCE SOLL AND LUNGHARD LLP 2023 GOV’T AUDIT PROGRESS BILL INCLUDING GASB 68 AND HOUSING SUCCESSOR $20,161.00 80897 LILBURN CORPORATION JUL-NOV 2023 PROFESSIONAL SVCS FOR BLUE MT CENTER GAS STATION $20,309.00 80900 MICHAEL BAKER INTERNATIONAL JUL AND NOV 2023 HOUSING ELEMENT CONSULTING SVCS $20,137.50 80909 SB COUNTY SHERIFF JAN 2024 LAW ENFORCEMENT SERVICES $205,858.00 80923 WILLDAN NOV 2023 INTERIM CITY ENGINEERING SVCS, PLAN CHECK/INSPECTION SVCS FOR BUILDING AND PUBLIC WORKS $14,296.00 80934 EZ SUNNYDAY LANDSCAPE JAN 2024 LANDSCAPING SVCS AND WEED ABATEMENT $15,120.00 80941 IGM TECHNOLOGY CORP MARCH 2024-25 BUDGET SOFTWARE $18,900.00 80960 WILLDAN JUL-AUG 2023 ENGINEERING SVCS FOR VARIOUS DEVELOPERS, NOV PROF SVCS, DEC 2023 INTERIM CITY ENGINEERING SVCS $24,151.00 80963 PERENNIAL ENVIRONMENTAL, LLC DEC 2023 MMRP CONSULTION SVCS FOR CONDOR BATTERY ENERGY $11,464.44 11698795 SO CAL EDISON DEC 2023 ENERGY USAGE $14,368.75 17391389 CA PUB EMPLOYEES RETIRE INS 2024 PERS HEALTH INSURANCE $24,462.40 17394034 CALPERS REPL BENEFIT PYMT 2024 ANNUAL REPL BENEFIT CONTRIBUTION $17,786.40 TOTAL PAYMENTS LARGER THAN $10,000 $418,819.49 PAYROLL Payroll costs for the month: Pay Per. Period Start Period End Pay Date Amount JAN-24 40 From 12/23/2023 to 01/05/2024 01/11/2024 $79,608.94 41 From 01/06/2024 to 01/19/2024 01/25/2024 $58,698.83 $138,307.77 FISCAL IMPACT: D.3 Packet Pg. 18 All disbursements (including payroll) were made in accordance with the approved budget for Fiscal Year 2023-24 in the amount of: Description Amount JAN-24 Check Register $573,046.78 Payroll $138,307.77 $711,354.55 ATTACHMENTS: • FY2023-24 Check Register Account Index (PDF) • Jan Check Reigster (PDF) APPROVALS: Brenda Angulo Completed 02/22/2024 11:36 AM Finance Completed 02/20/2024 1:15 PM City Manager Completed 02/22/2024 2:55 PM City Council Pending 02/27/2024 6:00 PM D.3 Packet Pg. 19 CITY OF GRAND TERRACE FY2023-24 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER Account Index Bill Hussey, Mayor Doug Wilson, Mayor Pro Tem Sylvia Rodriguez-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 D.3.a Packet Pg. 20 At t a c h m e n t : F Y 2 0 2 3 - 2 4 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 ( J a n u a r y - 2 0 2 4 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 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 D.3.a Packet Pg. 21 At t a c h m e n t : F Y 2 0 2 3 - 2 4 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 ( J a n u a r y - 2 0 2 4 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 CITY OF GRAND TERRACE FY2023-24 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 MONTHLY CHECK REGISTER For the Period Ending JANUARY 31, 2024 Bill Hussey, Mayor Doug Wilson, Mayor Pro Tem Sylvia Rodriguez-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. D.3.b Packet Pg. 22 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # (46) POLYCOM VVX 450 PHONES BIOHAZARDOUS MATERIALS AT HOMELESS CAMP ON BARTON RD (01/01/24 - 03/31/24) MONITORING (01/14/24-04/13/24) INSURANCE (5) KITTENS Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 80863 01/11/2024 8X8 INC 4205465 JAN 2024 SERVICE CHARGE FOR 01/01/2024 E 10-190-235-000-000 1,326.40 1,326.40 1,326.40 80864 01/11/2024 SERVICES AAA CRIME SCENE CLEANUP 122023 REMOVAL AND DISPOSAL OF 12/20/2023 E 10-187-256-020-000 3,985.00 3,985.00 3,985.00 80865 01/11/2024 ADT SECURITY SERVICES 153146346 3RD QTR3RD QUARTER SECURITY MONITORING 12/11/2023 E 10-195-247-000-000 438.60 438.60 1036333110 3RD QTR3RD QUARTER SENIOR CENTER SECURITY 12/27/2023 E 10-805-245-000-000 160.83 160.83 599.43 80866 01/11/2024 AMERITAS LIFE INSURANCE CORP JAN 2024 JAN 2024 EMPLOYEE PAID DENTAL 12/01/2023 B 10-022-70-00 757.04 757.04 757.04 80867 01/11/2024 ANIMAL EMERGENCY CLINIC 225739 NOV 2023 EMERGENCY VET SERVICES FOR 11/04/2023 E 10-185-250-000-000 299.00 299.00 299.00 D.3.b Packet Pg. 23 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total TROUBLESHOOT AND RESET DISPLAY AD DISPLAY AD STREET EXCAVATIONS 80868 01/11/2024 AT AND T JAN2024 AT&T JAN 2024 AT&T 01/01/2024 E 10-190-235-000-000 1,878.14 E 10-450-235-000-000 348.49 E 10-805-235-000-000 669.85 E 10-808-235-000-000 691.75 3,588.23 3,588.23 80870 01/11/2024 CA DEPT OF INDUSTRIAL RELATION E 2019912 SB FY2023-24 ELEVATOR INSPECTION 12/15/2023 E 10-195-246-000-000 225.00 225.00 225.00 80871 01/11/2024 CALIBER COMMUNICATIONS 1645 BANNER FOR DUMPSTER AT CITY HALL 12/19/2023 E 10-175-230-000-000 139.32 139.32 139.32 80872 01/11/2024 CHAMPION FIRE SYSTEMS INC 69643 FY2023-24 Q2 CITY HALL ALARM 12/26/2023 E 10-195-246-000-000 144.00 144.00 144.00 80873 01/11/2024 CITY NEWSPAPER GROUP 3491 NOV 2023 WEEKLY QUARTER-PAGE 11/02/2023 E 10-120-230-000-000 1,200.00 1,200.00 3492 DEC 2023 WEEKLY QUARTER-PAGE 12/07/2023 E 10-120-230-000-000 960.00 960.00 5055 GT 12.21.2023 PUBLIC HEARING NOTICE - 12/19/2023 E 10-125-230-000-000 133.20 133.20 2,293.20 D.3.b Packet Pg. 24 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total MAINTENANCE FOR CITY HALL STAFF MAIN ST AND MICHIGAN ST INSURANCE INVITATIONS 80874 01/11/2024 COMPLETE PAPERLESS SOLUTIONS 3977 FY2023-24 LASERFICHE ANNUAL 11/10/2023 E 10-125-250-000-000 9,360.00 9,360.00 9,360.00 80875 01/11/2024 COMPUTERIZED EMBROIDERY CO INC 53919 EMBROIDERY OF CITY LOGO ON SHIRTS 12/19/2023 E 10-190-220-000-000 52.20 52.20 52.20 80876 01/11/2024 COUNTY OF RIVERSIDE TLMA ADM TL0000017119 NOV 2023 TRAFFIC SIGNAL MONITORING AT 12/26/2023 E 10-195-245-000-000 205.41 205.41 205.41 80877 01/11/2024 DENTAL HEALTH SERVICES 2382327 JAN 2024 EMPLOYEE PAID DENTAL 12/16/2023 B 10-022-70-00 145.95 145.95 145.95 80878 01/11/2024 MARIE EPPS 01092024 CITY 45TH BIRTHDAY CELEBRATION 01/09/2024 E 10-804-220-000-000 61.22 61.22 61.22 80879 01/11/2024 EYEMED FIDELITY SECURITY LIFE 166097909 JAN 2024 EMPLOYEE PAID VISION INSURANCE 12/21/2023 B 10-022-71-00 134.28 134.28 134.28 D.3.b Packet Pg. 25 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total CIVIC CENTER, CANAL STRIP, ORIOLE TRACT 18070 JADEN 11-2023-300405E SERVICE FOR SENIOR CENTER (2) YARD SALE SIGNS RICHARD ROLLINS PARK SHLTR B 12/10/2023 1-5PM 80880 01/11/2024 EZ SUNNYDAY LANDSCAPE 6410 DEC 2023 LANDSCAPING SERVICES - PARKS, 12/18/2023 E 10-195-245-000-000 200.00 E 10-450-245-000-000 3,665.00 E 26-600-255-000-000 150.00 E 26-601-255-000-000 80.00 4,095.00 6409 DEC 2023 LANDSCAPING SERVICES - 12/18/2023 E 26-605-255-000-000 750.00 750.00 4,845.00 80881 01/11/2024 FAMILY SERVICE ASSOCIATION 11-2023-300405S NOV 2023 SENIOR CENTER COORDINATOR 01/09/2024 E 22-425-312-000-000 2,594.27 2,594.27 NOV 2023 CDBG SR CENTER PROGRAMS 01/09/2024 E 22-425-312-000-000 244.32 244.32 2,838.59 80882 01/11/2024 FIREMASTER 0001129391 FY2023-24 SEMI-ANNUAL FIRE EXTINGUISHER 12/08/2023 E 10-805-245-000-000 804.03 804.03 804.03 80883 01/11/2024 ARLENE GARCIA 01092024 REFUND YARD SALE SIGN DEPOSIT FOR 01/09/2024 B 23-515-22-00 20.00 20.00 20.00 80885 01/11/2024 TERRY GOMEZ 01092024 REFUND DEPOSIT FOR RESERVATION AT 01/09/2024 B 23-515-22-00 50.00 50.00 50.00 D.3.b Packet Pg. 26 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total REIMBURSEMENT - GTHS BOYS BASKETBALL REFS GT LIONS 50TH ANNIVERSARY CELEBRATION TOOLS FOR MAINT 80886 01/11/2024 GRAND TERRACE HIGH SCHOOL ASB 20231215 COMMUNITY BENEFIT FUND EXPENSE 12/15/2023 E 61-461-100-000-000 1,040.00 1,040.00 1,040.00 80887 01/11/2024 GRAND TERRACE LIONS CLUB 01112024 TICKETS FOR MAYOR AND CM WILSON TO 01/11/2024 E 10-110-270-000-000 180.00 180.00 180.00 80888 01/11/2024 HDL SOFTWARE LLC SIN034424 2024 BUSINESS LICENSE RENEWALS MAILED 11/30/2023 E 10-140-250-000-000 11,805.00 11,805.00 11,805.00 80889 01/11/2024 HINDERLITER DE LLAMAS ASSOC SIN034239 OCT-DEC 2023 SALES TAX & AUDIT SERVICES 12/27/2023 E 10-140-250-000-000 1,626.06 1,626.06 1,626.06 80890 01/11/2024 HOME DEPOT CREDIT SERVICE 1272348 CABLE, BATTERIES, AND SOAP 12/07/2023 E 10-190-210-000-000 21.71 E 10-450-245-000-000 81.04 E 94-175-229-000-000 169.52 272.27 272421 PAINT FOR PARK RESTROOMS, SMALL 12/08/2023 E 10-175-218-000-000 50.99 E 10-450-245-000-000 70.45 121.44 D.3.b Packet Pg. 27 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total MAINTENANCE YARD (4) YARD SALE SIGNS GATEWAY SPECIFIC PLAN PHOTOCOPIER MAINTENANCE 271716 SUPPLIES FOR 2023 LIGHT UP GT 11/28/2023 E 62-120-220-000-000 41.26 41.26 271714 SUPPLIES FOR 2023 LIGHT UP GT 11/28/2023 E 62-120-220-000-000 41.07 41.07 3272885 LIGHT FOR WALKWAY DOOR AT 12/15/2023 E 10-195-245-000-000 23.89 23.89 499.93 80891 01/11/2024 ASHLYN HUGHES 01092024 REFUND YARD SALE SIGN DEPOSIT FOR 01/09/2024 B 23-515-22-00 40.00 40.00 40.00 80892 01/11/2024 INTERWEST CONSULTING GROUP 156488 NOV 2023 PROFESSIONAL SERVICES FOR 12/19/2023 B 23-515-60-00 4,295.00 4,295.00 4,295.00 80893 01/11/2024 KONICA MINOLTA 43852911 DEC23-JAN24 RENT FOR ADDITIONAL 12/22/2023 E 10-190-212-000-000 142.92 142.92 142.92 80894 01/11/2024 KONICA MINOLTA BUS. SOLUTIONS 291374502 DEC 2023 CITYWIDE PHOTOCOPIER 12/31/2023 E 10-190-212-000-000 136.40 136.40 D.3.b Packet Pg. 28 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total SERVICES GASB 68, HOUSING SUCCESSOR MAYOR HUSSEY SERVICES FOR BLUE MT CENTER GAS STATION SERVICES FOR BLUE MT CENTER GAS STATION SERVICES FOR BLUE MT CENTER GAS STATION SERVICES FOR BLUE MT CENTER GAS STATION 9009694253 11/15/23-12/14/23 CITYWIDE PHOTOCOPIER 12/14/2023 E 10-190-212-000-000 58.25 58.25 194.65 80895 01/11/2024 LANCE SOLL AND LUNGHARD LLP 60729 2023 GOV'T AUDIT PROGRESS BILL - 12/18/2023 E 10-140-250-000-000 14,439.00 E 52-400-250-000-000 5,722.00 20,161.00 20,161.00 80896 01/11/2024 LEAGUE OF CA CITIES INLAND EMP 2933 INLAND EMPIRE DIVISION MEETING - 12/07/2023 E 10-110-270-000-000 100.00 100.00 100.00 80897 01/11/2024 LILBURN CORPORATION 23-0940 AUG 14TH - SEP 10TH 2023 PROFESSIONAL 09/14/2023 B 23-520-02-00 8,634.50 8,634.50 23-1045 SEP 11TH - OCT 8TH 2023 PROFESSIONAL 10/12/2023 B 23-520-02-00 5,205.75 5,205.75 23-1139 OCT 9TH - NOV 5TH 2023 PROFESSIONAL 11/09/2023 B 23-520-02-00 4,213.00 4,213.00 23-0850 JUL 17TH - AUG 13TH 2023 PROFESSIONAL 08/17/2023 B 23-520-02-00 2,255.75 2,255.75 20,309.00 D.3.b Packet Pg. 29 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total BOILER AT CITY HALL SERVICES SERVICES 80898 01/11/2024 LINCOLN NATIONAL LIFE INSURANC LCLN JAN 2024 JAN 2024 LIFE/AD&D/DEP LIFE/WI/LTD 01/01/2024 B 10-022-66-00 1,483.62 E 10-120-142-000-000 41.50 E 10-125-142-000-000 27.44 E 10-140-142-000-000 96.97 E 10-172-142-000-000 36.92 E 10-175-142-000-000 23.85 E 10-185-142-000-000 18.54 E 10-370-142-000-000 54.73 E 10-450-142-000-000 15.89 E 16-175-142-000-000 10.68 E 52-400-142-000-000 1.84 E 65-425-142-000-000 7.60 1,819.58 1,819.58 80899 01/11/2024 LOMA LINDA HEAT AND A C INC 11465158 MAINTENANCE ON A/C AND REPAIRS FOR 01/04/2024 E 10-195-245-000-000 2,220.00 2,220.00 2,220.00 80900 01/11/2024 MICHAEL BAKER INTERNATIONAL 1199165 NOV 2023 HOUSING ELEMENT CONSULTING 12/18/2023 E 10-370-250-000-000 137.50 E 52-400-250-000-000 13,602.50 13,740.00 1187154 JUL 2023 HOUSING ELEMENT CONSULTING 08/09/2023 E 52-400-250-000-000 6,397.50 6,397.50 20,137.50 80901 01/11/2024 MIDAMERICA ADMIN RETIREMENT PAYDATE 11302023 ARSPAYDATE 11302023 ARS RETIREMENT 11/30/2023 B 10-022-68-00 252.22 252.22 D.3.b Packet Pg. 30 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total PAYDATE 12282023 ARS CIVIC CENTER AND PARKS RICHARD ROLLINS PARK PAYDATE 12142023 ARSPAYDATE 12142023 ARS RETIREMENT 12/14/2023 B 10-022-68-00 242.61 242.61 PAYDATE 12282023 ARS RETIREMENT 12/28/2023 B 10-022-68-00 226.28 226.28 721.11 80902 01/11/2024 MORAN JANITORIAL SERVICES LLC 2238 DEC 2023 JANITORIAL SERVICES FOR 01/03/2024 E 10-195-245-000-000 1,304.00 E 10-450-245-000-000 1,262.98 2,566.98 2,566.98 80903 01/11/2024 NEW WORLD PLUMBING INC 1177 PLUMBING REPAIRS FOR RESTROOM AT 12/18/2023 E 10-450-245-000-000 300.00 300.00 300.00 80904 01/11/2024 ODP BUSINESS SOLUTIONS LLC 345871127001 FY2023-24 OFFICE SUPPLIES 12/18/2023 E 10-125-210-000-000 19.50 E 10-172-210-000-000 22.68 E 10-190-210-000-000 258.04 300.22 300.22 80905 01/11/2024 ON SITE COMPUTING 54003588 AFTER HOURS SUPPORT - SERVER ISSUE 12/06/2023 E 10-380-250-000-000 132.00 132.00 132.00 80906 01/11/2024 PAY PLUS SOLUTIONS INC 32140 JAN 2024 CALPERS INSIGHT E-TOOLS PAY 01/01/2024 E 10-140-255-000-000 566.80 566.80 566.80 D.3.b Packet Pg. 31 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total (3) YARD SALE SIGNS CITY HALL & SENIOR CENTER RENTAL 80907 01/11/2024 DAVID PETERMAN 01092024 REFUND YARD SALE SIGN DEPOSIT FOR 01/09/2024 B 23-515-22-00 30.00 30.00 30.00 80908 01/11/2024 QUADIENT LEASING USA INC Q1130421 NOV23-FEB24 POSTAGE METER LEASE 01/01/2024 E 10-190-211-000-000 785.90 785.90 785.90 80909 01/11/2024 SB COUNTY SHERIFF 23972 JAN 2024 LAW ENFORCEMENT SERVICES 01/05/2024 E 10-410-255-000-000 3,125.00 E 10-410-256-000-000 189,400.00 E 14-411-256-000-000 13,333.00 205,858.00 205,858.00 80910 01/11/2024 SO CAL LOCKSMITH 65176 (6) MASTER #5LJ KEYS 12/20/2023 E 10-195-245-000-000 182.57 182.57 182.57 80911 01/11/2024 SPARKLETTS 9637116 010124 JAN 2024 BOTTLED WATER SERVICES FOR 01/01/2024 E 10-190-238-000-000 131.43 E 10-805-238-000-000 94.92 226.35 16179154 121623 JAN 2024 WATER FILTRATION SYSTEM 12/16/2023 E 10-190-238-000-000 92.00 92.00 318.35 D.3.b Packet Pg. 32 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total PARK CITY HALL CENTER 80912 01/11/2024 SPARKLING CLEAN CAR WASH INC 637 CAR WASHES FOR (2) CITY HALL VEHICLES 12/05/2023 E 10-175-272-000-000 15.00 E 10-185-272-000-000 15.00 30.00 30.00 80913 01/11/2024 T MOBILE DEC23 TMOBILE NOV-DEC 2023 BACKUP INTERNET SERVICE 12/21/2023 E 10-380-250-000-000 31.15 31.15 31.15 80914 01/11/2024 TEAMSTERS LOCAL 1932 029 JAN 2024 EMPLOYEE PAID MEMBERSHIP DUES 12/15/2023 B 10-022-72-00 590.20 590.20 590.20 80915 01/11/2024 TERMINIX 441703623 DEC 2023 GOPHER CONTROL FOR GRIFFIN 12/26/2023 E 10-450-245-000-000 172.00 172.00 441862630 DEC 2023 GOPHER CONTROL FOR PICO PARK 12/26/2023 E 10-450-245-000-000 147.00 147.00 441703604 DEC 2023 PEST CONTROL SERVICES - 12/26/2023 E 10-195-245-000-000 119.00 119.00 441703616 DEC 2023 PEST CONTROL SVCS FOR SENIOR 12/26/2023 E 10-805-245-000-000 115.00 115.00 441703638 DEC 2023 GOPHER CONTROL FOR DOG PARK 12/26/2023 E 10-450-245-000-000 85.00 85.00 D.3.b Packet Pg. 33 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total ROLLINS PARK SENIOR CENTER 12/15/2023 1:30-5PM SUBSCRIPTION MAINTENANCE FEE 441768243 DEC 2023 GOPHER CONTROL FOR RICHARD 12/26/2023 E 10-450-245-000-000 85.00 85.00 723.00 80916 01/11/2024 THE ROCK CHURCH AND 01092024 REFUND DEPOSIT FOR RESERVATION AT 01/09/2024 B 23-515-22-00 200.00 200.00 200.00 80917 01/11/2024 THOMSON REUTERS WEST 849596340 JAN 2024 QUINLAN ZONING BULLETIN 01/01/2024 E 10-370-265-000-000 81.00 81.00 81.00 80918 01/11/2024 TIME WARNER CABLE 0228510122523 CITY HALL INTERNET - DEC 23-JAN 24 12/25/2023 E 10-190-238-000-000 329.98 329.98 0153825122323 SR CENTER INTERNET - HSD3 - DEC 23-JAN 24 12/23/2023 E 10-805-238-000-000 99.99 99.99 0197046121623 CITY HALL CABLE - DEC 23-JAN 24 12/16/2023 E 10-190-238-000-000 44.64 44.64 474.61 80919 01/11/2024 UNDERGROUND SERVICE ALERT 1220230305 JAN 2024 MONTHLY DATABASE 01/01/2024 E 16-900-220-000-000 60.75 60.75 60.75 D.3.b Packet Pg. 34 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total CAMERA ANNUAL MAINT ARBORISTS SERVICES ELDARICA AT PALM AVE AND BARTON RD 209016 BANNERS FOR LIGHT UP GT 2023 80920 01/11/2024 VERIZON WIRELESS 9952562145 ALPR CARD LINE CHARGES NOV-DEC 2023 12/23/2023 E 10-190-235-000-000 190.05 190.05 190.05 80921 01/11/2024 VIGILANT SOLUTIONS 54929 RI AUTOMATED LICENSE PLATE READER 12/05/2023 E 17-900-255-000-000 4,004.00 4,004.00 4,004.00 80922 01/11/2024 WEST COAST ARBORISTS INC 209318 DEC 2023 CIP RELATED TREE REMOVAL 12/31/2023 E 94-175-245-000-000 2,672.00 2,672.00 209317 DEC 2023 CITYWIDE TREE INVENTORY AND 12/31/2023 E 20-100-245-000-000 668.00 668.00 208381 ANNUAL TREE SHAPING - LIVE PINUS 11/30/2023 E 94-175-245-000-000 500.00 500.00 INSTALLATION AND REMOVAL OF 12/21/2023 E 62-120-220-000-000 485.00 485.00 4,325.00 80923 01/11/2024 WILLDAN 00338474 NOV 2023 INTERIM CITY ENGINEER SERVICES 12/29/2023 E 10-175-250-020-000 7,210.00 7,210.00 002-30403 NOV 2023 PLAN CHECK/ INSPECTION SVCS 12/05/2023 E 10-172-250-100-000 2,860.00 2,860.00 D.3.b Packet Pg. 35 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total PLANNING (01/01/24 - 03/31/24) MONITORING (01/14/24-04/13/24) SIGN PERMIT 002-30404 NOV 2023 PROFESSIONAL SERVICES FOR 12/05/2023 B 23-515-28-00 1,885.00 B 23-515-97-00 325.00 2,210.00 00419435 NOV 2023 PLAN CHECK/ INSPECTION SVCS 12/15/2023 E 10-175-250-000-000 2,016.00 2,016.00 14,296.00 80924 01/25/2024 A STORAGE PLACE 02/01/2024 - B3334FEB RENT FOR UNIT B3334 01/19/2024 E 10-140-241-000-000 392.00 392.00 02/01/2024 - B15 FEB RENT FOR UNIT B15 01/19/2024 E 10-140-241-000-000 191.00 191.00 583.00 80925 01/25/2024 ADT SECURITY SERVICES 153146346 3RD QTR3RD QUARTER SECURITY MONITORING 12/11/2023 E 10-195-247-000-000 438.60 438.60 438.60 80926 01/25/2024 ADT SECURITY SERVICES 1036333110 3RD QTR3RD QUARTER SENIOR CENTER SECURITY 12/27/2023 E 10-805-245-000-000 160.83 160.83 160.83 80927 01/25/2024 FREDDY ALBERRE 01232024 REFUND DUPLICATE PAYMENT FOR 01/23/2024 R 10-200-07 100.00 100.00 100.00 D.3.b Packet Pg. 36 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total FREEDOM PARK 01/18/2024 BACKFLOW AT MAIN AND MT VERNON OCT 2023 - DEC 2023 NOV 2023 80928 01/25/2024 LARRY ARCHULETA 01232024 REFUND RESERVATION DEPOSIT FOR 01/23/2024 B 23-515-22-00 200.00 200.00 200.00 80929 01/25/2024 AZURE HILLS 7TH DAY ADVENTIST 1979 CLEAN UP FEE FOR LIGHT UP GT 2023 12/31/2023 E 62-120-220-000-000 300.00 300.00 300.00 80930 01/25/2024 BACKFLOW APPARATUS VALVE CO 251370 PRESSURE ZONE ASSEMBLY FOR 01/03/2024 E 10-175-246-000-000 512.67 512.67 512.67 80931 01/25/2024 CA STATE DEPT OF CONSERVATION SMIP2024-2Q-02 2023-24 SMIP 2ND QUARTER 12/15/2023 R 10-700-01 -15.90 B 23-200-21-00 318.04 302.14 302.14 80932 01/25/2024 CALIFORNIA BUILDING OFFICIALS 17140 B&S WEBINAR FOR JESSICA LAMBARENA 01/18/2024 E 10-172-270-000-000 80.00 80.00 80.00 80933 01/25/2024 DATA TICKET INC 158884 GT CITATION PROCESSING FEES NOV 2023 12/29/2023 E 10-140-255-000-000 276.30 276.30 159116 GRAND TERRACE - STREET SWEEPING FOR 12/29/2023 E 10-140-255-000-000 62.50 62.50 D.3.b Packet Pg. 37 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 159811 PROCESSING - NOV 2023 CIVIC CENTER, CANAL STRIP, ORIOLE TRACT 18070 JADEN MONTHLY MAINT BETWEEN PALM AND LITTON GRAND TERRACE - CODE ENFORCEMENT 12/29/2023 E 10-185-255-000-000 25.58 25.58 364.38 80934 01/25/2024 EZ SUNNYDAY LANDSCAPE 6441 LANDSCAPE RESTORATION ON JADEN COURT 01/12/2024 E 26-605-255-000-000 8,600.00 8,600.00 6576 JAN 2024 LANDSCAPING SERVICES - PARKS, 01/17/2024 E 10-195-245-000-000 200.00 E 10-450-245-000-000 3,665.00 E 26-600-255-000-000 150.00 E 26-601-255-000-000 80.00 4,095.00 6429 WEED ABATEMENT ON MIRADO DRAIN 01/08/2024 E 10-631-255-000-000 750.00 750.00 6577 JAN 2024 LANDSCAPING SERVICES - 01/17/2024 E 26-605-255-000-000 750.00 750.00 6427 JAN 2024 RIGHT OF WAY LANDSCAPING BI 01/08/2024 E 10-450-245-000-000 575.00 575.00 6428 WEED ABATEMENT ON LA CADENA 01/08/2024 E 10-187-257-000-000 350.00 350.00 15,120.00 D.3.b Packet Pg. 38 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total PUSH BROOM CELEBRATION EXENSES SENIOR CENTER 01/14/2024 80935 01/25/2024 FRUIT GROWERS SUPPLY 92433380 IRRIGATION SUPPLIES FOR PARKS AND 01/12/2024 E 10-175-218-000-000 18.63 E 10-450-245-000-000 7.27 25.90 25.90 80936 01/25/2024 BECKY GIROUX 01092024 REIMBURSEMENT FOR CITY BIRTHDAY 01/09/2024 E 10-804-220-000-000 317.08 317.08 317.08 80937 01/25/2024 HDL COREN CONE SIN035305 JAN-MAR 2024 PROPERTY TAX SERVICES 01/19/2024 E 10-140-250-000-000 2,510.06 2,510.06 2,510.06 80938 01/25/2024 HONEYWELL INTERNATIONAL 5265769860 CITY HALL A/C MAINTENANCE AND REPAIRS 01/12/2024 E 10-195-246-000-000 1,167.00 1,167.00 1,167.00 80939 01/25/2024 VICKI HUISKEN 01232024 REFUND RESERVATION DEPOSIT FOR 01/23/2024 B 23-515-22-00 200.00 200.00 200.00 80940 01/25/2024 WILLIAM HUSSEY JAN 2024 BH HLTHJAN 2024 BH HLTH REIMBURSEMENT 01/23/2024 E 10-110-142-000-000 305.08 305.08 305.08 D.3.b Packet Pg. 39 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total SOFTWARE PHOTOCOPIER SERVICES DUES SERVICES FOR GATEWAY SPECIFIC PLAN 80941 01/25/2024 IGM TECHNOLOGY CORP 1587 MARCH 2024-25 BUDGET PLANNING 01/22/2024 E 10-140-250-000-000 18,900.00 18,900.00 18,900.00 80942 01/25/2024 KONICA MINOLTA 43920029 JAN-FEB 2024 RENT FOR (2) PHOTOCOPIERS 01/02/2024 E 10-190-212-000-000 260.32 260.32 44049248 JAN-FEB 2024 RENT FOR ADDITIONAL 01/22/2024 E 10-190-212-000-000 156.18 156.18 416.50 80943 01/25/2024 KONICA MINOLTA BUS. SOLUTIONS 9009747851 12/15/23-01/14/24 CITYWIDE PHOTOCOPIER 01/14/2024 E 10-190-212-000-000 53.20 53.20 53.20 80944 01/25/2024 LEAGUE OF CALIFORNIA CITIES INV-11844-C2W5Z02024 LEAGUE OF CA CITIES MEMBERSHIP 01/19/2024 E 10-120-265-000-000 6,742.00 6,742.00 6,742.00 80945 01/25/2024 LILBURN CORPORATION 24-0139 NOV 6TH - DEC 31ST 2023 PROFESSIONAL 01/04/2024 B 23-515-33-00 607.50 607.50 607.50 D.3.b Packet Pg. 40 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total CHAMBERS AND HR OFFICE 349263246001 80946 01/25/2024 LINCOLN NATIONAL LIFE INSURANC LCLN FEB 2024 FEB 2024 LIFE/AD&D/DEP LIFE/WI/LTD 02/01/2024 B 10-022-66-00 898.31 E 10-120-142-000-000 41.50 E 10-125-142-000-000 23.78 E 10-140-142-000-000 37.85 E 10-172-142-000-000 19.91 E 10-175-142-000-000 25.17 E 10-185-142-000-000 18.54 E 10-370-142-000-000 24.61 E 10-450-142-000-000 9.90 E 16-175-142-000-000 7.69 E 52-400-142-000-000 1.84 E 65-425-142-000-000 6.70 1,115.80 1,115.80 80947 01/25/2024 LOMA LINDA HEAT AND A C INC 11500614 REPAIRS FOR A/C UNIT IN COUNCIL 01/08/2024 E 10-195-245-000-000 1,651.00 1,651.00 11356484 TESTING OF A/C CONTROLS AT CITY HALL 12/28/2023 E 10-195-245-000-000 445.00 445.00 2,096.00 80948 01/25/2024 ODP BUSINESS SOLUTIONS LLC 346919949001 TRASH LINERS FOR PARKS 12/19/2023 E 10-450-245-000-000 175.63 175.63 FY2023-24 OFFICE SUPPLIES 01/04/2024 E 10-190-210-000-000 64.89 64.89 240.52 D.3.b Packet Pg. 41 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total WASTE SERVICES 80949 01/25/2024 ON SITE COMPUTING 54003570 FEB 2024 IT SERVICES 01/01/2024 E 10-380-250-000-000 9,766.00 9,766.00 9,766.00 80950 01/25/2024 SYLVIA ROBLES DEC2023 SR MED REIMBDEC 2023 SR MEDICARE REIMBURSEMENT 01/23/2024 E 10-110-142-000-000 174.70 174.70 JAN2024 SR MED REIMBJAN 2024 SR MEDICARE REIMBURSEMENT 01/23/2024 E 10-110-142-000-000 174.70 174.70 349.40 80951 01/25/2024 SAN BERNARDINO COUNTY FIRE DEP GT324CC JAN-MAR 2024 HOUSEHOLD HAZARDOUS 01/01/2024 E 10-187-258-000-000 5,095.41 5,095.41 5,095.41 80952 01/25/2024 SB COUNTY ASSESSOR 109218 JAN 2024 MONTHLY ASSESSOR PARCEL MAP 01/09/2024 E 10-370-210-000-000 2.00 2.00 2.00 80953 01/25/2024 SCA OF CA LLC 107843CS DEC 2023 STREET SWEEPING SERVICES 12/31/2023 E 16-900-254-000-000 4,724.00 4,724.00 4,724.00 80954 01/25/2024 SITEONE LANDSCAPE SUPPLY 137578582-001 PVC SUPPLIES FOR PARKS 01/11/2024 E 10-450-245-000-000 167.56 E 10-450-701-000-000 216.41 383.97 383.97 D.3.b Packet Pg. 42 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total RENTAL MAINTENANCE MAINTENANCE JAN-FEB 2024 JAN-FEB 2024 ORNAMENTS 80955 01/25/2024 SPARKLETTS 16179154 011324 FEB 2024 WATER FILTRATION SYSTEM 01/13/2024 E 10-190-238-000-000 92.00 92.00 92.00 80956 01/25/2024 ST FRANCIS ELECTRIC 22147739 DEC 2023 RESPONSE TRAFFIC SIGNAL 12/31/2023 E 16-510-255-000-000 814.00 814.00 22147738 DEC 2023 ROUTINE TRAFFIC SIGNAL 12/31/2023 E 16-510-255-000-000 557.55 557.55 1,371.55 80957 01/25/2024 TEAMSTERS LOCAL 1932 030 FEB 2024 EMPLOYEE PAID MEMBERSHIP DUES 01/12/2024 B 10-022-72-00 595.44 595.44 595.44 80958 01/25/2024 TIME WARNER CABLE 0262246010324 RICHARD ROLLINS PARK INTERNET - 01/03/2024 E 10-450-238-000-000 319.98 319.98 0007245010724 SR CTR CABLE INTERNET BLDG3 - 01/07/2024 E 10-805-238-000-000 285.69 285.69 605.67 80959 01/25/2024 WEST COAST ARBORISTS INC 1-9657 REMOVAL OF CHRISTMAS BANNERS AND 01/11/2024 E 62-120-220-000-000 2,231.00 2,231.00 2,231.00 D.3.b Packet Pg. 43 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 002-29531 VARIOUS DEVELOPERS VARIOUS DEVELOPERS QUICK QUACK CAR WASH 80960 01/25/2024 WILLDAN 00338543 DEC 2023 INTERIM CITY ENGINEER SERVICES 01/17/2024 E 10-175-250-020-000 7,840.00 7,840.00 JUL 2023 ENGINEERING SERVICES FOR 08/07/2023 B 23-510-44-00 260.00 B 23-515-15-00 390.00 B 23-515-28-00 845.00 B 23-515-45-00 130.00 B 23-515-54-00 325.00 B 23-515-55-00 2,880.00 B 23-515-56-00 1,215.00 6,045.00 002-29772 AUG 2023 ENGINEERING SERVICES FOR 09/05/2023 B 23-515-28-00 390.00 B 23-515-44-00 1,170.00 B 23-515-72-00 390.00 B 23-515-73-00 455.00 B 23-515-74-00 260.00 B 23-515-86-00 260.00 B 23-515-87-00 1,300.00 B 23-515-89-00 130.00 B 23-515-92-00 260.00 B 23-515-93-00 260.00 4,875.00 002-30572 DEC 2023 PLAN CHECK/ INSPECTION SVCS 01/10/2024 E 10-172-250-100-000 3,215.00 3,215.00 00419464 NOV 2023 PROFESSIONAL SERVICES FOR 12/15/2023 B 23-515-88-00 2,176.00 2,176.00 24,151.00 D.3.b Packet Pg. 44 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total FOR CONDOR BATTERY ENERGY STORAGE INSURANCE INSURANCE 80961 01/25/2024 DOUG WILSON JAN-JUN2024 DW HLTHJAN-JUN2024 DW HLTH REIMBURSEMENT 01/24/2024 E 10-110-142-000-000 1,048.20 1,048.20 1,048.20 80962 01/30/2024 PERENNIAL ENVIRONMENTAL, LLC 00017351 DEC 2023 - MMRP CONSULTATION SERVICES 12/29/2023 B 23-510-60-00 11,464.44 11,464.44 11,464.44 90309 01/09/2024 SO CA GAS COMPANY DEC 2023 GAS SERVICEDEC 2023 GAS SERVICE 01/08/2024 E 10-190-238-000-000 379.76 E 10-805-238-000-000 346.61 726.37 726.37 674774 01/09/2024 AMERICAN FIDELITY ASSURANCE CO D674774 JAN 2024 - EMPLOYEE CANCER & ACCIDENT 01/01/2024 B 23-250-20-00 535.60 535.60 535.60 686808 01/30/2024 AMERICAN FIDELITY ASSURANCE CO D686808 FEB 2024 - EMPLOYEE CANCER & ACCIDENT 02/01/2024 B 23-250-20-00 535.60 535.60 535.60 2340829 01/23/2024 AMERICAN FIDELITY ASSURANCE CO 2340829B JAN EMP PAID FLEX SPEND/DEP CARE 01/10/2024 B 23-250-10-00 208.31 208.31 208.31 2340830 01/30/2024 AMERICAN FIDELITY ASSURANCE CO 2340830A FEB EMP PAID FLEX SPEND/DEP CARE 01/26/2024 B 23-250-10-00 124.98 124.98 124.98 D.3.b Packet Pg. 45 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total DATE 12/14/2023 DATE 12/28/2023 DATE 01/11/2024 11698795 01/08/2024 SO CA EDISON COMPANY DEC 2023 EDISONDEC 2023 ENERGY USAGE 01/01/2024 E 10-172-238-000-000 104.54 E 10-175-238-000-000 104.55 E 10-190-238-000-000 3,492.07 E 10-450-238-000-000 2,446.78 E 16-510-238-000-000 7,857.72 E 26-600-238-000-000 75.02 E 26-601-238-000-000 60.94 E 26-602-238-000-000 84.38 E 26-603-238-000-000 14.06 E 26-604-238-000-000 64.46 E 26-605-238-000-000 64.23 14,368.75 14,368.75 17350687 01/04/2024 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12142023 PERSRETIREMENT CONTRIBUTIONS FOR PAY 12/14/2023 B 10-022-62-00 9,034.87 9,034.87 9,034.87 17350705 01/04/2024 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12282023 PERSRETIREMENT CONTRIBUTIONS FOR PAY 12/28/2023 B 10-022-62-00 9,069.11 9,069.11 9,069.11 17386109 01/30/2024 PUBLIC EMPLOYEES RETIREMENT PAYDTE 01112024 PERSRETIREMENT CONTRIBUTIONS FOR PAY 01/11/2024 B 10-022-62-00 8,923.70 8,923.70 8,923.70 D.3.b Packet Pg. 46 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total ACH 1002543040 PART 1 #1002540351 #1002540547 17391389 01/08/2024 CA PUB EMPLOYEES RETIRE SYSTEM 01012024 HPERS JAN 2024 PERS HEALTH INSURANCE 01/01/2024 B 10-022-61-00 3,816.53 E 10-120-142-000-000 2,181.90 E 10-125-142-000-000 1,519.27 E 10-140-142-000-000 2,497.29 E 10-172-142-000-000 1,737.65 E 10-175-142-000-000 2,780.24 E 10-185-142-000-000 1,628.46 E 10-190-142-000-000 4,239.87 E 10-370-142-000-000 868.83 E 10-450-142-000-000 1,563.89 E 16-175-142-000-000 868.83 E 65-425-142-000-000 759.64 24,462.40 24,462.40 17394034 01/04/2024 CALPERS REPLACEMENT BENEFIT 100000017394034 2024 REPLACEMENT BENEFIT CONTRIBUTION 12/19/2023 E 10-190-140-000-000 17,786.40 17,786.40 17,786.40 17403980 01/04/2024 CALPERS 457 PLAN PAYDATE 12142023 457EFT PAYMENT CALPERS ACH CONFIRM 12/14/2023 B 10-022-63-00 2,140.00 B 10-022-64-00 147.93 2,287.93 2,287.93 17404224 01/04/2024 CALPERS 457 PLAN PAYDATE 12282023 457EFT PAYMENT CALPERS ACH CONFIRM 12/28/2023 B 10-022-63-00 2,140.00 B 10-022-64-00 147.93 2,287.93 2,287.93 D.3.b Packet Pg. 47 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total #1002567034 17434915 01/30/2024 CALPERS 457 PLAN PAYDATE 01112024 457EFT PAYMENT CALPERS ACH CONFIRM 01/11/2024 B 10-022-63-00 2,175.00 B 10-022-64-00 147.93 2,322.93 2,322.93 43034924 01/18/2024 US BANK DEC2023 CAL CARDDEC23 - JAN24 CAL CARD CHARGES 01/08/2024 E 10-120-210-000-000 OFFICE SUPPLIES 20.45 E 10-120-220-000-000 MTRLS & SUPPLIES 166.39 E 10-120-270-000-000 CONFERENCE 42.11 E 10-125-210-000-000 OFFICE SUPPLIES 141.53 E 10-125-220-000-000 MTRLS & SUPPLIES 400.00 E 10-140-210-000-000 OFFICE SUPPLIES 67.83 E 10-140-241-000-000 MTRLS & SUPPLIES 583.00 E 10-172-268-000-000 TRAINING 177.00 E 10-172-272-000-000 VEHICLE MAINT 12.00 E 10-175-210-000-000 OFFICE SUPPLIES 51.14 E 10-185-235-000-000 MTRLS & SUPPLIES 18.29 E 10-185-268-000-000 TRAINING 450.00 E 10-185-272-000-000 VEHICLE MAINT 39.95 E 10-190-210-000-000 OFFICE SUPPLIES 113.34 E 10-190-211-000-000 POSTAGE 15.10 E 10-190-220-000-000 MTRLS & SUPPLIES 854.95 E 10-370-220-000-000 MTRLS & SUPPLIES 41.58 E 10-380-249-000-000 MTRLS & SUPPLIES 1,283.24 E 10-450-245-000-000 PARK MAINT 641.08 E 10-631-255-000-000 MTRLS & SUPPLIES 126.15 E 26-605-255-000-000 MTRLS & SUPPLIES 670.23 E 62-120-220-000-000 LIGHT UP GT 82.14 E 65-425-220-000-000 MTRLS & SUPPLIES 41.80 E 65-425-272-000-000 BUS MAINT 150.00 E 94-175-229-000-000 MTRLS & SUPPLIES 973.58 7,162.88 7,162.88 D.3.b Packet Pg. 48 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) Invoice # Check Register CITY OF GRAND TERRACE As of 1/31/2024 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total Christine Clayton, Finance Director City of Grand Terrace 94370320 01/09/2024 WEX BANK 94370320 DEC23 - JAN24 VEHICLE FUEL CHEVRON 01/06/2024 E 10-172-272-000-000 36.00 E 10-175-272-000-000 1,062.42 E 10-185-272-000-000 179.47 E 65-425-272-000-000 144.01 1,421.90 1,421.90 718890662 01/10/2024 VERIZON WIRELESS 9953048038 NOV23 - JAN24 MONTHLY PHONE CHARGES 01/01/2024 E 10-120-235-000-000 102.62 E 10-140-235-000-000 102.62 E 10-172-235-000-000 102.62 E 10-175-235-000-000 1,506.63 E 10-185-235-000-000 399.50 E 10-805-238-000-000 1,520.54 Total Checks:573,046.78 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. E 65-425-235-000-000 102.62 3,837.15 3,837.15 D.3.b Packet Pg. 49 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) This page left intentionally blank. D.3.b Packet Pg. 50 At t a c h m e n t : J a n C h e c k R e i g s t e r ( J a n u a r y - 2 0 2 4 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 $ 5 7 2 , 0 4 6 . 7 8 ) AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Second Reading by Title Only, with Further Reading Waived, an Ordinance Amending Title 12.08 'Street Excavation' of the Municipal Code PRESENTED BY: Shanita Tillman, Senior Management Analyst RECOMMENDATION: 1. Direct the City Attorney to read by title only, waive further reading, and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 12.08 STREET EXCAVATION. BACKGROUND: The City of Grand Terrace enacted Ordinance No. 64, incorporating Chapter 12.08 into the Grand Terrace Municipal Code (GTMC) to regulate excavations and trenching in public rights of way. Subsequent amendments occurred in 1990 (Ordinance No. 125) concerning cash deposits and public service companies, in 2005 (Ordinance No. 218) addressing fines for non-compliance, and in 2020 (Ordinance No. 330) granting the City Council authority over fees and deposits. DISCUSSION: On January 9, 2024, staff proposed adopting Chapter 12.08 to the Council. Following the meeting, the Council recommended adding a jack and boring requirement along specific streets. The revision process aims to simplify content, update language to align with prevailing standards, introduce a new street pavement moratorium, and remove "Attachment A: Specifications for Construction Within the Right of Way." Going forward, construction specifications will be overseen directly by the City Engineer to eliminate redundancy and ensure compliance with the latest engineering standards and guidelines. The proposed amendments include Section 12.08.330, which introduces a new pavement moratorium to address pavement degradation, maintain street structural integrity, ensure smooth transportation, and minimize negative visual impacts. Key provisions include limitations on excavation for recently constructed streets dating back to FY 2020-21 and a post-construction moratorium extending up to five years. For slurry-sealed streets, this moratorium extends up to three years unless the applicant agrees to cover the cost of resurfacing the street. On February 13, 2024, staff brought the item back to Council with revisions, and the D.4 Packet Pg. 51 Council approved the amendments. FISCAL IMPACT: The adoption of the ordinance will not result in any fiscal impact. ATTACHMENTS: • Chapter 12.08 Street Excavations (DOCX) APPROVALS: Shanita Tillman Completed 02/20/2024 2:50 PM Finance Completed 02/21/2024 7:24 AM City Manager Completed 02/22/2024 2:55 PM City Council Pending 02/27/2024 6:00 PM D.4 Packet Pg. 52 Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.08 STREET EXCAVATIONS 01247.0001/960130.2 Grand Terrace, California, Municipal Code Page 1 of 12 Chapter 12.08 STREET EXCAVATIONS D.4.a Packet Pg. 53 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Page 2 of 12 12.08.010 Title of ordinance. The ordinance codified in this chapter shall be known and may be cited as the "Street Excavation Ordinance." 12.08.020 Definitions. For the purposes of this Chapter, the following terms shall have the meaning designated unless it is clear from the context that a different meaning is intended: A. "Applicant" means any person making written application to the City Engineer for an encroachment permit under this Chapter. B. “Directional Boring” also known as horizontal directional drilling (HDD), means a trenchless method of installing underground pipes, conduits, or cables in a curved or straight line with minimal surface disruption. This technique involves drilling a pilot hole horizontally and then enlarging it to accommodate the desired utility. C. "Excavation" means any opening in the surface of a public place made in any manner whatsoever except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. D. "Encroachment" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts: i. Excavating or disturbing the public right-of-way; ii. Erecting or maintaining any post, sign, pole, fence, guard rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way; iii. Planting any tree, shrub, grass, or other growing thing within the public right-of-way; iv. Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; v. Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable; and vi. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment. E. "Facility" means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, catch basin, pole line, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character, whether enumerated in this Chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over a public place. F. "Permit holder" means any person who has been granted and has in full force and effect an encroachment permit issued under this Chapter. D.4.a Packet Pg. 54 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Page 3 of 12 G. "Person" means any person, firm, partnership, association, corporation, company, political body or organization of any kind. H. "Public place" means any public street, way, place, alley, sidewalk, park, square, or any other public property owned or controlled by any governmental agency in a governmental capacity. I. "Public utility" means any electrical corporation, gas corporation, heat corporation, water corporation, telephone corporation, pipeline corporation, sewer corporation, telegraph corporation, where the service is performed for, or the commodity delivered to, the public or any portion thereof. J. "Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Grand Terrace and Caltrans standard plans specifications, and details, whichever is more stringent or as directed by the City Engineer and usually less than one-half inch in thickness. K. "Street" means any street, highway, sidewalk, alley, avenue or other public way or public ground in the City. L. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually greater than one-half inch in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement. M. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any other facility located below the surface of any public place. 12.08.030 Permit required. No person shall dig, excavate, tunnel, undermine, or in any manner break up any street or public place, deposit, place ,or leave upon any public place any earth or other excavated material obstructing or tending to interfere with the free use of the public place, or fill any excavation in any public place, unless such person has first obtained an encroachment permit , as defined in section 12.10.020. The City Engineer shall have authority under this Chapter to issue encroachment permits as provided in Chapter 12.10. 12.08.040 Application. No encroachment permit shall be issued unless a written application for the issuance of an encroachment permit is submitted to the City Engineer. The written application shall follow guidelines set forth in section 12.10.040, as amended from time to time. 12.08.050 Fee. A permit fee shall be charged by the City Engineer for the issuance of an encroachment permit. Such fee shall be in accordance with the fee schedule established by the City Council and adopted by resolution. 12.08.060 Inspection costs—Deposits. All excavation shall be subject to inspection by the City Engineer. Actual costs of such inspections, computed at current permit and inspection rates, shall be paid by the permit holder Before an encroachment permit is issued, the permit holder shall deposit with the City an amount estimated to cover costs of the inspection, plan review, and repair and/or replacement costs, and shall include any third-party costs, computed based on the rates stated in the resolution setting a fee schedule. The remaining balance of the deposit, if any, shall be returned to the permit holder within one year of project completion. Return of the deposit shall be conditioned upon the permit holder's compliance with this Chapter. Public service companies shall be billed for inspection costs on a monthly basis. D.4.a Packet Pg. 55 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:08 [EST] (Supp. No. 13) Page 4 of 12 12.08.070 Signs. All places of business and residences abutting the public right of way that are within the limits of any construction zone shall be notified, by the permit holder, by mail or door hangers at least five (5) days prior to commencement of work. This written notification shall be approved in advance by the City Engineer and explain the sequence of work and indicate any restrictions of access. . 12.08.080 Emergency Repair deposits. Before an encroachment permit as provided in this Chapter is issued, the applicant shall deposit with the City Finance Department a deposit in the amount to be determined by the City Engineer to secure proper repairs of the street cut, computed based on the rates stated in the resolution setting a fee schedule, as applicable. A. An application for an encroachment permit to perform excavation work under this Chapter shall be accompanied by a deposit, payable to the City, in accordance with a schedule of fees set by resolution. No deposit shall be less than the amount as set by resolution of the City Council. Any person intending to make openings, cuts or excavations in streets or public places may make and maintain with the City Finance Director a general annual deposit in the sum of not less than an amount set by resolution of the City Council. Such deposit shall be refunded by the City to the permit holder upon the expiration of such 24-month period and upon request of the permit holder, provided, that the City may use any or all of any such deposit to pay the cost of any work the City performs to restore or maintain the street or public place as provided in this Chapter in the event the permit holder fails to perform such work, in which event the amount refunded to the permit holder shall be reduced by the amount thus expended by the City. The decisions of the City Engineer as to the cost of the work done or repairs made by him under the provisions of this Chapter shall be final and conclusive as to cost. An applicant may submit a bond or letter of credit in a form and amount acceptable to the City Engineer, which shall remain in effect for not less than 24 months, in lieu of a deposit under this provision B. Return of the deposit shall be conditioned upon the permit holder's compliance with this Chapter, and further conditioned that the permit holder must fill, restore, place in good and safe condition, and as near to its original condition the public place or street, and to the satisfaction of the City Engineer for the period of 24 months after the work has been accepted. Any settlement of the surface of the public place or street within that 24 month period shall be deemed conclusive evidence of defective backfilling by the permit holder. Nothing contained in this Subsection shall be construed to require the permit holder to maintain any repairs to pavement made by the City if such repairs should prove defective. C. Any owner of real property repairing or engaging another to repair privately owned property that is not a part of the public place or street shall not be required to give such deposit, but shall comply with all other provisions of this Chapter. 12.08.090 Working Hours. Working hours 7:00 A.M. to 8:00 P.M. Monday - Saturday, and at no time on Sunday or national holidays as per section 8.108.040.C. 12.08.100 Traffic Control. The permit holder shall submit a traffic control plan subject to approval by the City Engineer and take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly normal as practicable are maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The traffic control plan shall ensure that the schedule and conduct of work avoids unnecessary inconvenience to the public and abutting property owners, D.4.a Packet Pg. 56 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Page 5 of 12 avoids undue delay in construction activities to reduce the public's exposure to construction dust and debris. All street closures shall be approved in advance by the City Engineer. The traffic control plan shall include a detour plan, as applicable. The City Engineer may in his discretion permit the closing of streets to all traffic for a period recommended by him in order for the permit holder to complete the excavation work. The permit holder shall comply with standards set forth by the latest edition of the State of California’s Manual on Uniform Traffic Controls Devices for route and traffic control, including its own vehicles, as directed by the City Engineer. 12.08.110 Traffic and access. Maintain safe and adequate pedestrian and vehicular access to driveways, houses, fire hydrants, buildings, fire and police stations, hospitals, and establishments of similar nature. When an abutting property owner's access across the right-of-way line is to be eliminated or replaced under the Contract, the existing access must not be closed until the replacement access facility is usable. Construct temporary approaches to a crossing and an intersecting highway. The permit holder shall provide safe and adequate pedestrian zones and public transportation stops. Pedestrian crossings shall be provided at intervals not exceeding 200 feet, which shall be maintained unless otherwise approved by the City Engineer. The permit holder shall provide, at the end of the day, vehicular access to residential driveways except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the permit holder shall immediately clear the street and driveways and provide and maintain access. The permit holder shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The permit holder shall absorb in its bid all costs for the above requirements. 12.08.120 Vital equipment access. The excavation work shall be performed and conducted so as not to interfere with access to fire stations, fire hydrants, fire escapes, water gates, underground vaults, water valves, and all other vital equipment as designated by the City Engineer. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions. 12.08.130 Street Closures, detours, and barricades. The permit holder shall erect and maintain suitable barriers, as approved by the City Engineer, to confine earth from trenches or other excavations to encroach upon streets highways as little as possible. The permit holder shall comply with all standards set forth by the State of California’s Manual on Uniform Traffic Controls Devices, latest edition. The permit holder shall provide barriers, guards, lights, signs, temporary bridges, flag persons and watchpersons, advising the public of detours and construction hazards. The permit holder shall also be responsible for compliance with additional public safety requirements, which may arise during construction. The permit holder shall furnish and install, and upon completion of the work, promptly remove, all signs and warning devices. As part of the initial submittal review process, the permit holder must, in advance of closing, partially closing, or reopening any street, alley, or other public thoroughfare, notify the Police, Fire, School Districts, Department of Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their requirements. The City Engineer must first approve all schedule deviations in writing D.4.a Packet Pg. 57 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:08 [EST] (Supp. No. 13) Page 6 of 12 12.08.140 Existing utilities. The permit holder shall not interfere with any existing utilities without the written consent of the City Engineer and the utility company or person owning the utility. The permit holder shall notify the various gas, electric, telephone, water, or other public utility companies, 48 hours in advance of the intention to begin work so that they may take any necessary protective measures around their facilities. If removal of an existing utility is necessary, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permit holder unless the cost of such work is borne by the permit holder. The cost of moving privately owned utilities shall be similarly borne by the permit holder unless other arrangements are made with the owner of the utility. The permit holder shall support and protect (by timbers or otherwise) substructure apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across the work. The permit holder shall be responsible for any damage done to any public or private property by reason of the breaking of any utilities, water pipes, sewer, gas pipe, electric conduit, or other substructure. In case any of the substructure apparatus is damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permit holder, and his or its bond shall be liable therefor. The permit holder shall inform itself as to the existence, and location of all substructures and protect the same against damage. 12.08.150 Abandonment of substructures. Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to serve a single property owner, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the City Engineer a statement in writing giving in detail the location of the substructure so abandoned. When the City determines that the abandoned substructure is an obstruction or is otherwise detrimental to a governmental function, and no other alternatives are available, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the City or any other public body. 12.08.160 Sidewalk excavations. Excavations made in or under a sidewalk shall be subject to compliance with standards as established by the City Engineer. 12.08.150 Protection of the public. The permit holder shall place and maintain barriers and warning devices and take other steps required for the protection of the public, as required and/or established by the City Engineer. Permit holder shall not permit or maintain any unguarded machinery, equipment, or other device having the characteristics of an attractive nuisance likely to attract children and become hazardous to their safety or health. 12.08.170 Equipment and materials in public streets. Equipment must be kept in a good state of repair and maintained in such state during the progress of the work. No worn or obsolete equipment shall be used, and in no case shall the maker’s rating of capacity for any equipment be exceeded. Construction materials may not be stored on public streets, roads, or highways. All materials or equipment not installed or used in the construction shall be stored elsewhere by the permit holder at its expense unless authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use on the work nor after it is no longer needed on the worksite. D.4.a Packet Pg. 58 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:08 [EST] (Supp. No. 13) Page 7 of 12 Excavated material, except that which is to be used for backfilling the same day in the adjacent trench, may not be stored on public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing backfill, all excess material shall be removed immediately from the site. 12.08.180 Trenches and tunnels. Trench and tunnel excavation and construction, including care of excavated materials, shall be done in compliance with the requirements as established by the City Engineer. 12.08.190 Protection and restoration of existing improvements The permit holder shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. The permit holder shall repair or replace all existing improvements, public or private, which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of its operations; except when a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be reconstructed or capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Trees, lawn, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the permit holder’s operations, they shall be restored or replaced in as neatly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The permit holder shall give five days’ notice, in writing, to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of- way, which are designed for removal and would be destroyed because of the work. All costs for protecting, removing, and restoring existing improvements shall be born by the permit holder. 12.08.200 Damage to existing improvements. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permit holder. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permit holder fails to furnish the necessary labor and materials for such repairs, the City Engineer shall have the authority to cause the necessary labor and materials to be furnished by the City, and the cost shall be charged against the permit holder, and the permit holder shall also be liable on his or its cash deposit therefor. 12.08.210 Property lines and easements. Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the encroachment permit, and it shall be the permit holder's responsibility to confine excavation work within these limits. 12.08.220 Cleanup. As the excavation work progresses, all streets, public places, and private properties shall be maintained free of all rubbish, excess earth, rock, and other debris resulting from such work. permit holder. The permit holder shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work within three (3) days after the completion of the work. Failure to do so within 24 hours of being notified by the City Engineer, the work may be done by the City Engineer, and the cost thereof charged to the permit holder, and the permit holder shall also be liable for the cost thereof. D.4.a Packet Pg. 59 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:08 [EST] (Supp. No. 13) Page 8 of 12 12.08.230 Watercourses, sewers, and drains. Permit holders shall provide for the flow of watercourses, sewers and drains and provide for incidental matters as established by the City Engineer. 12.08.240 Breaking through pavement or sidewalk. Permit holders shall comply with the requirements as established by the City Engineer in regard to breaking through any pavement or sidewalks as specified in section 12.08.200. 12.08.250 Substructure installation. Permit holders shall comply with the requirements as established by the City Engineer in regard to the installation of any substructures. 12.08.260 Tunnels. Tunnels under pavement shall not be permitted except by permission of the City Engineer and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the City Engineer. 12.08.270 Fire hydrant use. The use of fire hydrants as sources of water supply shall be subject to the conditions set forth by Riverside Highland Water Company and any required payment by permit holder for such use. 12.08.280 Restoration by City—Guarantee of restoration. A. If the permit holder has failed to restore the surface of the street or public place to its original and proper condition, upon expiration of the time fixed by such permit, or otherwise has failed to complete the excavation work covered by such permit, the City Engineer, if he deems it advisable, shall have the right to do all work and things necessary to restore the street or public place and to complete the excavation work. The permit holder shall be liable for the actual cost and an additional amount equal to the City’s actual costs for general overhead and administrative expenses which shall be set by resolution of the City Council. The City shall have a cause of action for all such costs and for all fees, expenses and amounts paid out and due it for such work, and shall apply in payment of the amount due it any funds of the permit holder deposited as provided in this Chapter, and the City shall also enforce its rights under the permit holder’s deposit provided pursuant to this Chapter. B. It shall be the duty of the permit holder to guarantee and maintain the site of the excavation work in the same condition it was in prior to the excavation work two years after restoring it to its original condition. 12.08.290 Pipe trench standards. The permit holder shall comply with the OSHA’s Trenching and Excavation Safety and rules and regulations as established by the City Engineer in regard to the excavation, construction and maintenance of any trenches for the laying of pipe. D.4.a Packet Pg. 60 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:09 [EST] (Supp. No. 13) Page 9 of 12 12.08.300 Completion of work. The permit holder shall prosecute with diligence and expedition, to the satisfaction of the City Engineer, all excavation work covered by the encroachment permit, and shall promptly complete such work and restore the street or public place to its original condition, or as near as may be, as soon as practicable and, in any event, not later than the date specified in the encroachment permit therefor. 12.08.310 Emergency completion. If, in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest, require that the excavation work be performed as emergency work, the City Engineer shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed to expeditiously complete such work as soon as possible. 12.08.320 New pavement moratorium. The following provisions are intended to minimize pavement degradation, maintain structural integrity of streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts: A. The City Engineer shall attempt to give notice to all owners of substructures & facilities located within the City streets who might be affected approximately six months prior to the probable date of construction of any new paving or repaving of any street in the City. The failure to give such notice shall not affect the further provisions of this Section. B. No excavation, trenching, or overlay shall be permitted in any street that has been constructed, or reconstructed, the pavement surface shall not be cut or opened for a period of five (5) years after completion and acceptance of the project by the City Council, or from recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of (3) years from completion unless the person proposing to make such excavation shall agree to pay for resurfacing half the street section with an asphaltic concrete cap of a minimum thickness of two inch for a distance of 50 feet on either side of the excavation on a longitudinal basis from centerline of the street. i. In accordance with this street moratorium, it is hereby declared that all paved streets dating back to FY 2020-21 shall be covered by the moratorium as of their filed notice of completion date. C. As practical, directional boring methods shall be utilized along the City’s main thoroughfares, as required by the City Engineer, including but not limited to the full lengths of Barton Road, Mount Vernon Avenue, De Berry Street, Van Buren Street, Pico Street, Main Street, and Observation Street, to minimize surface disruption while efficiently installing, maintaining, or repairing underground utilities. 12.08.330 Exceptions to New Pavement Moratorium. The City Engineer/Public Works Director may, in his or her sole discretion, grant an exception to the moratorium for: A. Emergencies which endanger life, or public health and safety. B. Work that is mandated by city, state or federal legislation. C. New construction approved by City Council or service to buildings or properties where no other reasonable means of providing service exist D.4.a Packet Pg. 61 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Created: 2023-06-14 12:18:09 [EST] (Supp. No. 13) Page 10 of 12 D. The City Engineer/Public Works Director or City Manager shall grant an exception to Riverside Highland Water Company if the following conditions are met: i. Riverside Highland Water Company (RHWC) will repair or replace the facility, backfill the excavation with new fill dirt and base, and install temporary paving. When multiple trenches have accumulated, RHWC will replace the temporary paving with permanent paving on a quarterly basis or as required by the City Engineer 12.08.340. Request for Moratorium Exception. To request an exception, the applicant shall submit the following information to the Public Works Department: A. The location of excavation. B. Which exception from the moratorium as set forth in section 12.08.330is being claimed. C. Description of the work to be performed. F. Justification from the applicant why the work cannot be deferred until after moratorium expires. 12.08.350 Noise, dust and debris. Each permit holder shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permit holder shall take appropriate measures to reduce to the fullest extent practical, in the performance of the excavation work, noise, dust and unsightly debris and, during the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday and all day on Sunday or a national holiday, shall not use, except with the expressed written permission of the City Engineer or, in case of an emergency as otherwise provided in this Chapter, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. 12.08.330 Monument preservation. Any monument set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the city engineer so to do. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by a registered professional engineer or a registered land surveyor. 12.08.340 Rule and regulation promulgation. The city engineer shall make such inspections as are necessary in the enforcement of this chapter. The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. 12.08.350 City work exempted. The provisions of this chapter shall not be applicable to any excavation work performed under the direction of city authorities by employees of the city. The provisions of this chapter shall apply to any permit holder performing work for the city except to the extent exempted by the city engineer or where a particular provision is inconsistent with a specific provision of the contract under which such work is to be performed. D.4.a Packet Pg. 62 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Page 11 of 12 12.08.360 Public utility companies. All persons operating public utilities in the city either under regulations of the State Public Utilities Commission or authorized by the state to operate the public utility, and having the right, either by general or special permission to enter upon the streets and open and excavate pavements, sidewalks or disturb the surface thereon by excavation or other work, shall be required to apply for a permit for all work in the public right-of-way. A blanket permit may be issued for periods up to one year to place or to repair any facility which does not interfere with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the surface of the street or interfere with any installation owned by any other person. Excavations in excess of four feet by four feet shall not be made without prior approval of plans by the city Engineer. 12.08.370 Insurance. A permit holder, prior to the commencement of excavation work under this chapter, shall furnish the city engineer satisfactory evidence, in writing, that the permit holder has in force and will maintain in force during the performance of the excavation work and the period of the encroachment permit, public liability insurance for the protection of the city and the permit holder against claims for injury or death to any person or persons or damage to any property arising out of the performance of such excavation work. Such policy shall provide coverage of not less than $4,000,000 for all damages arising out of bodily injuries to or death of one or more persons in any one occurrence, and not less than $2,000,000 for all damages and/or destruction of property in any one occurrence, and not less than $2,000,000 for all damages and/or destruction of property during the policy period. Such policy shall guarantee payment of any final judgment rendered against the permit holder or the city within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such permit holder. Such policy shall specifically name the city as an additional insured and shall further provide that the insurance coverage thereby afforded shall not be terminated or cancelled except upon thirty days' written notice to the city. 12.08.380 Nonliability of city. This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an encroachment permit is issued under this chapter, nor shall the city or any official or any employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit, or the approval of any excavation work. 12.08.390 Enforcement. The city engineer and/or their designee shall have the authority to promulgate and cause to be enforced such rules and regulations as are reasonably required to provide for the matters governed by this chapter and to supplement the same and to provide for the enforcement of this chapter. Violation of such rules and regulations shall constitute a violation of this chapter. 12.08.400 Violation—Misdemeanor. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. 12.08.410 Fines for failure to obtain a encroachment permit. A. Description of Violation. Encroachment permits along with a city of Grand Terrace construction application package can be obtain from the public works department. Failure to obtain a permit will result in a fine of one thousand dollars for each occurrence. Fine* $1,000.00 per each occurrence D.4.a Packet Pg. 63 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) 01247.0001/960130.2 Page 12 of 12 Permit holders performing street cuts and resulting patching that are not performed correctly in accordance with section 12.08.300C Fine* $1,000.00 per each occurrence and require the permit holder to repair and restore the street per engineer’s standards. D.4.a Packet Pg. 64 At t a c h m e n t : C h a p t e r 1 2 . 0 8 S t r e e t E x c a v a t i o n s ( S e c o n d R e a d i n g : O r d i n a n c e A m e n d i n g S t r e e t E x c a v a t i o n T i t l e 1 2 . 0 8 ) AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: MOU with San Bernardino County Health Department for SB 1383 Edible Food Generator Inspections PRESENTED BY: Judith Garcia, Management Analyst RECOMMENDATION: ACCEPTING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SERVICES, FOR THE PERIOD OF FEBRUARY 27, 2024 THROUGH DECEMBER 31, 2025, FOR SB 1383 EDIBLE FOOD GENERATOR INSPECTIONS 2030 VISION STATEMENT: This staff report supports City Council Goal #4, because it will enable the City to maintain its successful partnership and continue to work collaboratively with San Bernardino County Department of Public Health Environmental Health Services. BACKGROUND AND DISCUSSION: Chapter 6.10 of the Grand Terrace Municipal Code (GTMC) was adopted on November 9, 2021 to address the mandate of organic waste generators, haulers, and other entities subject to the requirements of Senate Bill 1383 (SB 1383) to comply with regulatory standards. SB 1383 requires cities and counties to comply with certain enforcement and reporting requirements against in an effort to divert edible food and organic waste from landfills. CalRecycle requires all tier 1 and tier 2 edible food generators to be inspected part of California's broader efforts to combat climate change and reduce greenhouse gas emissions by targeting organic waste, particularly edible food, which constitutes a significant portion of the waste stream. Below are the key requirements of SB 1383: Tier 1 Edible Food Generators: • Large businesses like supermarkets, wholesalers, and food distributors. • Requirements: o Donate surplus edible food to food banks, shelters, or nonprofits. o If donation isn't possible, divert edible food for animal feed or composting. • Aims to divert edible food waste from landfills for beneficial use. Tier 2 Edible Food Generators: D.5 Packet Pg. 65 • Smaller businesses such as restaurants, hotels, and catering services. • Requirements, though less strict than Tier 1, include: o Separating edible food waste from other solid waste. o Properly storing edible food waste to prevent contamination. o Attempting to donate surplus edible food to food banks or organizations. • Crucial role in diverting edible food waste and reducing landfill disposal. Staff recommends partnering with San Bernardino County to conduct these inspections. This collaborative effort would be facilitated through an MOU, proposed to last until December 31, 2025, and would incur no cost for the inspections. The proposed MOU will authorize San Bernardino County to provide services to the City, including: 1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections. 2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. 3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request. 4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383. 5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies. FISCAL IMPACT: At present, there are no costs associated with the County’s services. The MOU provides that the County will receive compensation from the fees and revenue collected through enforcement of SB 1383. However, this may change later this year or next. Following the completion of Tier 2 inspections, the County Environmental Health Department will conduct a time study analysis to determine the necessary fees to sustain the program. If additional fees are deemed necessary, the County will propose a change to the fee ordinance and notify the city in advance. D.5 Packet Pg. 66 ATTACHMENTS: • MOU Food Recovery SB 1383 (PDF) APPROVALS: Judith Garcia Completed 02/15/2024 3:30 PM Shanita Tillman Completed 02/22/2024 1:01 PM Finance Completed 02/22/2024 1:35 PM City Manager Completed 02/22/2024 2:54 PM City Council Pending 02/27/2024 6:00 PM D.5 Packet Pg. 67 Page 1 of 6 INSERT DOCUMENT SERIAL NUMBER MEMORANDUM OF UNDERSTANDING Between San Bernardino County Department of Public Health Environmental Health Services And City of INSERT NAME For Environmental Health Services INSERT DATE (MONTH, XX, 20XX) This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (County) and the City of INSERT NAME (City). This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City’s incorporated areas. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below; NOW THEREFORE, County and City mutually agree to the following items and conditions: D.5.a Packet Pg. 68 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 2 of 6 TABLE OF CONTENTS I. DEFINITIONS………………………………………………………………………………………………3 II. COUNTY RESPONSIBILITIES……………..……………………………………………………………4 III. CITY RESPONSIBILITIES……………….……………………………………………………………….4 IV. MUTUAL RESPONSIBILITIES…………………………………………………………………………..4 V. FISCAL PROVISIONS…………………………………………………………………………………….5 VI. TERM………………………………………………………………………………………………………..5 VII. EARLY TERMINATION…………………………………………………………………………………...6 VIII. GENERAL PROVISIONS…………………………………………………………………………………6 IX. CONCLUSION……………………………………………………………………………………………...6 ATTACHMENT ATTACHMENT A – Schedule of Services D.5.a Packet Pg. 69 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 3 of 6 I. DEFINITIONS a. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). b. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in County Ordinance 4434, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. c. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed. d. ENFORCEMENT ACTION: An action of San Bernardino County, Department of Public Health, Division of Environmental Health Services (DEHS) or its Enforcement Officers to address non- compliance with County Ordinance 4434 including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. e. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores. f. FOOD FACILITY: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. g. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). h. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: 1. A food bank as defined in Section 113783 of the Health and Safety Code, which is: (a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and (b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. 2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this County Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). i. FOOD RECOVERY SERVICE: A Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of County Ordinance 4434 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). D.5.a Packet Pg. 70 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 4 of 6 j. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of County Ordinance 4434. II. COUNTY RESPONSIBILITIES A. The County offers the following services to incorporated cities. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code Title 3, Division 15, County Ordinance 4434, as provided in the Schedule of Services (Attachment A). 1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections. 2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. 3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request. 4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383. 5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies. B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided. C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City and does not extend to spheres of influence. III. CITY RESPONSIBILITIES Compensate County as provided in Fiscal Provisions (Section V). IV. MUTUAL RESPONSIBILITIES A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City. B. Indemnification 1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU. D.5.a Packet Pg. 71 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 5 of 6 2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County’s negligent acts or omissions in performing its obligations under this MOU. 3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence. C. Insurance 1. County and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker’s Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms and conditions of this MOU. 2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City’s employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County. 3. Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to, and approved by, County’s Risk Management. D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute. V. FISCAL PROVISIONS A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU. Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City. B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services. VI. TERM This MOU shall be effective upon execution by all parties and terminate on December 31, 2025. VII. EARLY TERMINATION This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this MOU. VIII. GENERAL PROVISIONS A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below. City: City of NAME D.5.a Packet Pg. 72 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 6 of 6 Address Address Line 2 County: San Bernardino County Environmental Health Services 385 N. Arrowhead Avenue 2nd floor San Bernardino, CA 92415-0160 B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto. IX. CONCLUSION A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU. The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. SAN BERNARDINO COUNTY ________________________________________ By ______________________________________ Director of Public Health (Authorized signature - sign in blue ink) Dated: ____________________________________ Name ___________________________________ (Print or type name of person signing contract) Title _ _____ (Print or Type) Dated: _ _____ Address________________________________ D.5.a Packet Pg. 73 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) Page 1 of 1 Attachment A: Schedule of Services The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below 1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434. 2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance. b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency. c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler’s card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled. 3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction. b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators. 4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City’s jurisdiction and make it available upon request to help them meet applicable requirements of SB1383. 5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County. D.5.a Packet Pg. 74 At t a c h m e n t : M O U F o o d R e c o v e r y S B 1 3 8 3 ( M O U : S B 1 3 8 3 I n s p e c t i o n s ) AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Non-Owner Occupied/Rental Property Program PRESENTED BY: Leila Holtzen, Code Enforcement/Animal Control Officer RECOMMENDATION: Eliminate Non Owner Occupied/Rental Property Program and Good Landlord Program 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability BACKGROUND: The purpose of the Rental Property Program is to identify substandard non-owner occupied/rental property and to ensure rehabilitation or elimination of non-owner occupied/rental properties that do not meet minimum building and housing code standards, exterior maintenance standards or are not safe to occupy. The program was established to provide annual inspection of rental properties, assuring that non-owner occupied/rental housing units comply with minimum standards. The target is to identify rental properties and target the owners where violations exist, and which are in a habitual condition of disrepair. DISCUSSION: During the housing crisis of 2008-2011 the city suffered multiple foreclosures with many vacant properties. Many of these rental homes properties which once vacant became unmaintained, unsightly and diminished the value of neighboring properties. As a result of the sheer number of unmaintained properties the Rental Property Program was created. The program created a systematic approach to the overwhelming workload of the Code Enforcement Division in managing these properties. An offshoot of this was to help offset the cost of enforcement by shifting the financial burden onto the vacant homeowners themselves. This was accomplished by creating an annual inspection fee. The program mandates an exterior and sometimes interior inspection of every rental in the city. There are approximately 375 rental properties in the City. Multifamily homes and apartment complexes are treated as a single unit. Each inspection necessitates a significant workload for the Code Enforcement Division, all of which must be done within a three (3) month time frame. In this time frame, other Code Enforcement duties are relegated to secondary status. D.6 Packet Pg. 75 The post 2001 economic recovery has essentially eliminated the specter of multiple unoccupied residences. There are still occasional instances of blighted or unoccupied properties. Staff feels that handling these instances on a case-by-case basis is more resource effective that subjecting all rental whether occupied or not to this inspection program. FISCAL IMPACT: The Rental Program has always operated as a deficit. Inspection fees, especially for multifamily units never offset costs associated with the program. The current year fee projections are $16,000 which will be eliminated by curtailment of the program. The program requires one full-time officer for about 3 months of work per year. The loss of fees will be offset by having Code Enforcement resources available for regular activities for the several months dedicated to the task. APPROVALS: Leila Holtzen Completed 02/22/2024 1:10 PM Finance Completed 02/22/2024 1:34 PM City Manager Completed 02/22/2024 3:48 PM City Council Pending 02/27/2024 6:00 PM D.6 Packet Pg. 76 AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement, and Approve the Incremental Increase in Member Dues to $18,405 PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Staff recommends City Council approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement and approve the incremental increase in member dues to $18,405. 2030 VISION STATEMENT: This staff report supports Goal #4, Develop and Implement Successful Partnerships. DISCUSSION: The San Bernardino Council of Governments (SBCOG) speaks with a collective voice on important issues that affect its member agencies. Representatives from cities and towns, including the City of Grand Terrace, and the San Bernardino County Board of Supervisors have a seat on SBCOG Board of Directors. Recognizing that many issues and concerns are not constrained by political boundaries, the goal of the SBCOG is to ensure a collaborative approach is taken on regional issues. In January 2024, staff was informed that the San Bernardino Council of Government, acting as the San Bernardino Associated Governments, accepted the SBCOG Ad Hoc Committee recommendation to increase work capacity, including adding staff and increasing the budget of the SBCOG, and approved Amendment No. 4 to the Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments to amend language by which member agency dues are assessed. SBCOG identified these changes as necessary to be able to continue their current projects and programs, such as the Emergency Communication System, the Inland Regional Energy Network and the SMART County Master Plan, as well as fund the creation of new programs. Additionally, the increase in dues received will enable SBCOG to allocate additional resources toward identifying and pursuing more grant funding for the region and its member cities. In total, the baseline budget for the SBCOG will increase from $470,941 to $1.5 million, D.7 Packet Pg. 77 a shortfall of $1,029,059, and will be based upon increasing the cost to each SBCOG member agency by the 50% Population/50% General Fund Tax formula accepted and approved by the SBCOG Board in January 2024. This formula is calculated as follows: at 13,042 residents, Grand Terrace represents 0.596% of the total member agencies’ population of 2,187,665; Grand Terrace’s tax revenues of $5,765,052 equals 0.247% of the total member agencies revenues ($2,333,448,755). The total of both percentages (0.843%) is then divided in half to correspond to the 50%/50% formula to arrive at 0.422%. This rate of 0.422% is calculated against the total shortfall of $1,029,059 to provide the approximate new assessment increase of $4,339 for total new assessment of $18,405. When combined with previous assessments, the City's annual budget commitment to the SBCOG budget going forward is now $18,405. FISCAL IMPACT: The increased amount was not budgeted for FY 2023/24. However, the proposed increase will not take effect until FY 2024/25, as such the amount cannot yet be appropriated. Staff will include the amount in the FY 202424/25 FY budget allocations. ATTACHMENTS: • Final SBCOG JPA Amendment #4 (PDF) • JPA FY2022-2023 GA Dues evaluation of increase (PDF) APPROVALS: Konrad Bolowich Completed 02/21/2024 2:45 PM Finance Completed 02/22/2024 11:37 AM City Manager Completed 02/21/2024 2:55 PM City Council Pending 02/27/2024 6:00 PM D.7 Packet Pg. 78 Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024 JPA-Amndmnt4 1 of 3 This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Loma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation. RECITALS 1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4; 2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and 3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and 4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and 5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner. NOW, THEREFORE, the parties hereto agree as follows: 1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.” 2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following: ASSESSMENTS 10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed, and will also allow for optional, subscription D.7.a Packet Pg. 79 At t a c h m e n t : F i n a l S B C O G J P A A m e n d m e n t # 4 ( S B C O G J P A A m e n d m e n t N o . 4 U p d a t e ) Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024 JPA-Amndmnt4 2 of 3 assessments that member agencies may opt in to on a voluntary basis, based on a Board- adopted budget or budget amendment and a subscription work program. Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1. In addition to the assessments referenced in the preceding paragraphs, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement. When such advances are made, they shall be repaid from the first available funds. The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances. All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget.” 3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution. Signed and attested by the following: Jurisdiction Date City of Adelanto City of Apple Valley City of Barstow City of Big Bear Lake City of Chino City of Chino Hills City of Colton City of Fontana City of Grand Terrace City of Hesperia D.7.a Packet Pg. 80 At t a c h m e n t : F i n a l S B C O G J P A A m e n d m e n t # 4 ( S B C O G J P A A m e n d m e n t N o . 4 U p d a t e ) Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024 JPA-Amndmnt4 3 of 3 City of Highland City of Loma Linda City of Montclair City of Needles City of Ontario City of Rancho Cucamonga City of Redlands City of Rialto City of San Bernardino City of Twentynine Palms City of Upland City of Victorville City of Yucaipa Town of Yucca Valley County of San Bernardino Board Adopted: January 3, 2024 D.7.a Packet Pg. 81 At t a c h m e n t : F i n a l S B C O G J P A A m e n d m e n t # 4 ( S B C O G J P A A m e n d m e n t N o . 4 U p d a t e ) New Assessed Value Base Sales Tax +Total Current Tax Population Assessment Total Current Population Population Fiscal Year Property Tax Original 2016 2022 Assessments Tax Revenues & Revenues 50% Population/Assessments + Jurisdiction 2022 Allocation %2022/2023 Revenues (1) Assessment (2)Assessment (3)Assessment (4)(2)+(3)+(4)Revenues (5)Allocation %Allocation %50% Revenue New Assessment (6) Adelanto 36,357 1.662%$3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 8,290,201 0.355%1.009%$10,379 $25,572 Apple Valley 75,628 3.457%$7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 25,206,081 1.080%2.269%$23,345 $40,848 Barstow 25,202 1.152%$1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 19,590,846 0.840%0.996%$10,247 $24,784 Big Bear Lake 5,041 0.230%$4,416,276,035 18,299,262 $1,204 $5,337 $8,000 $14,541 18,299,262 0.784%0.507%$5,221 $19,762 Chino 91,998 4.205%$17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 75,528,060 3.237%3.721%$38,292 $58,614 Chino Hills 77,964 3.564%$14,639,278,992 32,696,782 $5,915 $5,337 $8,000 $19,252 32,696,782 1.401%2.483%$25,546 $44,798 Colton 53,617 2.451%$5,016,940,896 31,398,593 $2,873 $5,337 $8,000 $16,210 31,398,593 1.346%1.898%$19,534 $35,744 Fontana 212,809 9.728%$27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 108,183,439 4.636%7.182%$73,906 $100,327 Grand Terrace 13,042 0.596%$1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 5,765,052 0.247%0.422%$4,339 $18,405 Hesperia 100,324 4.586%$8,075,905,550 23,814,083 $5,065 $5,337 $8,000 $18,402 23,814,083 1.021%2.803%$28,847 $47,249 Highland 56,546 2.585%$4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 21,881,584 0.938%1.761%$18,124 $34,304 Loma Linda 25,349 1.159%$2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 12,255,309 0.525%0.842%$8,664 $23,467 Montclair 37,846 1.730%$4,280,071,001 31,424,075 $2,203 $5,337 $8,000 $15,540 31,424,075 1.347%1.538%$15,830 $31,370 Needles 4,876 0.223%$495,248,695 8,921,710 $270 $5,337 $8,000 $13,607 8,921,710 0.382%0.303%$3,114 $16,721 Ontario 179,516 8.206%$36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 243,176,826 10.421%9.314%$95,842 $123,395 Rancho Cucamonga 174,476 7.975%$32,965,855,079 87,561,737 $13,287 $5,337 $8,000 $26,624 87,561,737 3.752%5.864%$60,344 $86,968 Redlands 72,585 3.318%$12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 66,216,730 2.838%3.078%$31,673 $50,139 Rialto 103,954 4.752%$13,115,586,958 111,985,260 $6,372 $5,337 $8,000 $19,709 111,985,260 4.799%4.775%$49,142 $68,851 San Bernardino 220,840 10.095%$19,097,789,522 129,701,848 $11,462 $5,337 $8,000 $24,799 129,701,848 5.558%7.827%$80,540 $105,339 Twentynine Palms 27,685 1.266%$1,137,526,790 10,674,796 $1,139 $5,337 $8,000 $14,476 10,674,796 0.457%0.861%$8,865 $23,341 Upland 79,139 3.618%$11,532,952,948 41,173,743 $5,217 $5,337 $8,000 $18,554 41,173,743 1.765%2.691%$27,692 $46,246 Victorville 136,561 6.242%$11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 65,149,801 2.792%4.517%$46,484 $66,822 Yucaipa 54,494 2.491%$5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 19,954,046 0.855%1.673%$17,217 $33,574 Yucca Valley 21,813 0.997%$2,270,934,302 11,976,891 $1,223 $5,337 $8,000 $14,560 11,976,891 0.513%0.755%$7,771 $22,331 County 300,003 13.713%$42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 1,122,622,000 48.110%30.912%$318,100 $351,028 2,187,665 100.000%$290,515,911,972 2,333,448,755 $137,523 $133,418 $200,000 $470,941 2,333,448,755 100%100.000%$1,029,059 $1,500,000 NOTES: (1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducted for Barstow, Montclair, Redlands, San Bernardino, Vic (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year thereafter of the lower of CPI factor or 2%. (5) $991,873 total sum of current assessments plus the net amount of $520,932 distributed based on 50% Population/50% Revenue. (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/50% Revenue. SBCOG General Assessment Dues & Potential Increase D.7.b Packet Pg. 82 At t a c h m e n t : J P A F Y 2 0 2 2 - 2 0 2 3 G A D u e s e v a l u a t i o n o f i n c r e a s e ( S B C O G J P A A m e n d m e n t N o . 4 U p d a t e ) AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Design Selection for New All-Electric Senior Bus PRESENTED BY: Judith Garcia, Management Analyst RECOMMENDATION: Propose CITY COUNCIL BE GIVEN THE OPPORTUNITY TO SELECT ONE OF THE FOUR DESIGNS PRESENTED FOR THE NEW SENIOR BUS 2030 VISION STATEMENT: This staff report supports Goal # 5, engage in proactive communication. BACKGROUND: Over the past few years, the City of Grand Terrace has pursued two grants (Volkswagen Environmental Mitigation Trust and Omnitrans/Green Commuter) to replace the Blue Mountain Silver Liner Bus. Currently, the City operates one gasoline- powered bus driven by one bus driver to transport seniors around the City. There was interest in replacing the existing bus with an electric-powered bus. On January 25, 2022, the Council approved proceeding with the selection of the Volkswagen Environmental Mitigation Trust Grant for the purchase of an electric bus. DISCUSSION: On February 5, 2024, following a year of manufacturing, Phoenix Motorcars Inc. delivered a new electric bus designed for senior transportation. This bus can accommodate up to 15 passengers, including the driver. To support its operation, the city has installed an electric vehicle (EV) charging station in the maintenance yard dedicated to the bus. The funding for this charging station came from the Omnitrans grant. Additionally, our staff has prepared four design drafts for the Council's review. These designs will serve as the basis for official design renders, to be created by a vehicle wrap specialist once the council selects the preferred design. FISCAL IMPACT: No fiscal impact. APPROVALS: Judith Garcia Completed 02/15/2024 9:14 AM Shanita Tillman Completed 02/15/2024 12:01 PM Finance Completed 02/21/2024 7:23 AM City Manager Completed 02/22/2024 2:55 PM City Council Pending 02/27/2024 6:00 PM G.8 Packet Pg. 83 AGENDA REPORT MEETING DATE: February 27, 2024 Council Item TITLE: Consideration of a Resolution of the City Council of the City of Grand Terrace Approving a Form Reimbursement and Indemnification Agreement to be Used in Relation to Development Projects Within the City and Authorizing the Execution Thereof by the City Manager Subject to City Attorney Approval as to Form PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: 1. Adopt a Resolution approving a Form Reimbursement and Indemnification Agreement and Authorizing the City Manager to Execute the Same Subject to City Attorney Approval as to Form. 2030 VISION STATEMENT This staff report supports Goal #1: To Identify Additional Revenue Sources; Review Expenditures and Seek Savings; Explore Creative Means to Provide Services; and Ensure Appropriate Cost Recovery for Services. BACKGROUND As the scope and size of development projects increased, the City’s costs relating to processing land use applications and environmental reviews will increase and, therefore, it will become necessary for the City to recover direct development costs incurred by the City relating to processing entitlements. Government Code section 66014 permits the City to charge fees for “zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications.” However, these fees generally seek to recover staff time and costs to process the applications and “may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” (Government Code section 66014(a)). However, some projects require involvement from the City Attorney’s office and/or consultants to perform a more detailed environmental review for compliance with the California Environmental Quality Act. Additionally, the City may need to defend litigation aimed to invalidate project-related approvals from the City. In these cases, the standard fees on the City’s fee schedule would not cover these City costs. As will be discussed below, the City Attorney is recommending that the City Council adopt a policy whereby the City Manager would have authority to enter into reimbursement agreements, subject to City Attorney approval, to recover these additional costs in support of a land use project. G.9 Packet Pg. 84 DISCUSSION The City Attorney’s office has prepared a form for reimbursement and indemnification agreement, which is attached to this report. In general, the form reimbursement and indemnification agreement provides for a deposit-based process in which the developer will be required to maintain a deposit of funds (in an amount that is agreed upon) that the City may utilize for its related costs. The form reimbursement and indemnification agreement includes the following provisions: 1. The developer is responsible for the City’s costs related to their development project, which includes staff time, consultant fees, and attorneys’ fees. 2. Requires that the developer maintains a minimum balance in the deposit. The purpose of this is to avoid a situation where the deposit contains no funds. 3. Requires the developer to indemnify, protect, defend, and hold the City harmless from claims and liabilities arising from their development project. 4. Requires that the City maintain an accounting of any deposits and City costs paid using the deposits. An accounting may be provided to the developer upon written request. Additionally, the City Council is also requested to authorize the City Manager to sign reimbursement and indemnification agreements substantially in the form as attached to this report on behalf of the City, subject to the City Attorney’s approval as to form. Reimbursement and indemnification agreements for a city’s costs incurred in relation to a development project are typically routine in nature with other cities. This authorization will ensure that the processing of development projects will be efficient and ensure the City is promptly reimbursed for its costs and is protected in the event of a lawsuit. FISCAL IMPACT: The City will recover costs associated with any further development project, including staff time, consulting fees and attorneys’ fees. ATTACHMENTS: • Resolution Approving Reimbursement Agrmnt and Authorize CM to Sign (2024) (1) (DOC) • GT Form Reimbursement Agreement (DOCX) APPROVALS: Adrian Guerra Completed 02/22/2024 3:11 PM G.9 Packet Pg. 85 Finance Completed 02/22/2024 3:11 PM City Manager Completed 02/22/2024 3:41 PM City Council Pending 02/27/2024 6:00 PM G.9 Packet Pg. 86 01247.0005/557873.3 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING A FORM REIMBURSEMENT AND INDEMNIFICATION AGREEMENT TO BE USED IN RELATION TO DEVELOPMENT PROJECTS WITHIN THE CITY AND AUTHORIZING THE EXECUTION THEREOF BY THE CITY MANAGER SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM WHEREAS, as development in the City of Grand Terrace (“City”) increases, the City’s costs relating to the processing of land use applications will increases such that it is desirable to implement a method by which the City may adequately and consistently recover its related costs; and WHEREAS, Government Code section 66014 permits the City to charge fees for “zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications;” however, these fees generally seek to recover staff time and costs to process the applications and “may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” (Government Code section 66014(a)); and WHEREAS, some projects require involvement from the City Attorney’s office and/or consultants to perform a more detailed environmental review for compliance with the California Environmental Quality Act; and WHEREAS, in other cases, the City may need to defend litigation aimed to invalidate project-related approvals from the City; and WHEREAS, in these cases where the City Attorney, consultants, and/or litigation is involved, the standard fees on the City’s fee schedule would not be sufficient to recover these City costs; and WHEREAS, it is desirable to adopt cost recovery mechanisms so as to minimize the impact of additional land use applications upon City services and to adopt mechanisms that protect the City in the event of litigation; and WHEREAS, the City Council therefore desires to approve a form reimbursement and indemnification agreement to address the aforementioned concerns (“Form Agreement”) consistent with the authority under Government Code section 66014; and WHEREAS, the City Council intends to make the Form Agreement an integral part in the processing of land use applications (where applicable); and WHEREAS, without City Council authorization the execution of the Form Agreement will require City Council approval in every instance; and G.9.a Packet Pg. 87 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g R e i m b u r s e m e n t A g r m n t a n d A u t h o r i z e C M t o S i g n ( 2 0 2 4 ) ( 1 ) ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 01247.0005/557873.3 WHEREAS, in order to ensure the integrated and streamlined processing of land use applications, the City Council further desires to authorize the City Manager to sign such Form Agreements subject to the City Attorney’s approval as to form. 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 incorporated herein by this reference. Section 2. The City Council hereby finds that adoption of this Resolution is not a “project” under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, section 15378(b)(4). Section 3. The Form Agreement is hereby approved in substantially the form as attached in Exhibit A for use in conjunction with the processing of land use applications. The City Attorney is hereby authorized to update the Form Agreement as needed. Section 4. Subject to the City Attorney’s approval as to form, the City Manager is hereby authorized to utilize, negotiate and execute the Form Agreements that are necessary for the processing of land use applications in the City. In determining whether to utilize the Form Agreement for a particular land use application, the City Manager shall consider the size, scope, and costs of such land use applications. Nothing in this Resolution is intended to require the use of the Form Agreement in every instance and may be modified consistent with the project at issue. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13 day of February 2024. __________________________________ Bill Hussey Mayor ATTEST: __________________________________ Debra L. Thomas City Clerk G.9.a Packet Pg. 88 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g R e i m b u r s e m e n t A g r m n t a n d A u t h o r i z e C M t o S i g n ( 2 0 2 4 ) ( 1 ) ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 01247.0005/557873.3 APPROVED AS TO FORM: __________________________________ Adrian R. Guerra City Attorney G.9.a Packet Pg. 89 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g R e i m b u r s e m e n t A g r m n t a n d A u t h o r i z e C M t o S i g n ( 2 0 2 4 ) ( 1 ) ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 01247.0005/557873.3 Exhibit A Form Agreement G.9.a Packet Pg. 90 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g R e i m b u r s e m e n t A g r m n t a n d A u t h o r i z e C M t o S i g n ( 2 0 2 4 ) ( 1 ) ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 01005.0018/813501.3 REIMBURSEMENT AGREEMENT This REIMBURSEMENT AGREEMENT (“Agreement”) is executed this ____ day of _______________, 2024 (“Effective Date”), by and between the CITY OF GRAND TERRACE, a California municipal corporation (“City”), and [INSERT NAME OF DEVELOPER], a [insert applicable state] limited partnership (“Developer”). City and Developer may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS WHEREAS, Developer desires to develop [insert project description] (“Project”); and WHEREAS, [insert language]; and WHEREAS, [insert language]. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TERMS 1. Incorporation of Recitals. The Parties hereby incorporate the Recitals as though fully set forth herein. 2. Developer Responsibility for City Costs. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City’s undertaking of the planning, design, and permitting for the Project, inclusive of any City efforts to facilitate the review and approval of any improvements associated with the Project by other agencies, and the processing of [Approvals/Entitlements] which, depending on the nature of the [Approvals/Entitlements], may or may not include an analysis and approval required under CEQA laws and regulations (the “City Costs”). City Costs include, but are not limited to: (a) City Attorneys’ fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Project, and for the processing of the [Approvals/Entitlements], (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Project, and for the processing of the [Approvals/Entitlements]; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project- related infrastructure; (e) all costs related to investigations of the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the the Project, and the [Approvals/Entitlements]. Developer’s obligation to deposit and reimburse G.9.b Packet Pg. 91 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 2 City Costs are in addition to Developer’s duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below. 2.1 Deposit. In furtherance of the foregoing, Developer has or shall, within ten (10) days of the Effective Date, deposit with City an initial sum of $[insert amount] against which any City Costs will be drawn down (“Deposit”). The Deposit represents City’s best estimate of Developer’s ultimate financial obligation to City under this Agreement. At no point in time shall the minimum balance of the Deposit fall below $[insert amount], and Developer shall make such additional deposit(s) required under Section 2.2, below. 2.2 Additional Deposits by Developer. Developer shall make additional deposits to the City within ten (10) days of City’s written request to the Developer up to an additional aggregate amount not exceeding $[insert amount]. City’s written requests for additional deposits 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. 2.3 City’s Right to Cease Work. In the event that Developer does not promptly pay or reimburse the City Costs, including by failing to reimburse amounts incurred or timely pay any additional requested deposits, City may immediately cease all work related to or concerning the [Approvals/Entitlements], and/or the Project, and may take such further action as City deems appropriate, including deeming any Developer application(s) abandoned and any development permit issued by City to Developer null and void. 2.4 Interest on Deposit. Any amounts deposited by Developer shall be maintained by City in an interest-bearing account of City’s choice, and may be co-mingled with other City funds in such account. Interest accruing upon any such deposits shall inure to and be created for the benefit of City. 2.5 Accounting. City shall keep an accounting of the City Costs and all deposits made by Developer. Upon written request, City shall provide statements of these accounts to Developer, which shall include descriptions of the City Costs, including the date, amount, and the type of activity for which the cost was incurred. 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 to the City Council. 2.6 Unexpended Funds. Upon completion of City’s assistance in connection with Developer’s completion of the Project, the granting or issuance of all necessary Project [Approvals/Entitlements], the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the [Approvals/Entitlements], then upon the resolution of such challenge, City shall return any then-unexpended portion of the deposit to Developer, without interest, less an amount equal to any unpaid expenses previously incurred by the City. G.9.b Packet Pg. 92 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 3 3. Additional Taxes, Fee, and Charges. Notwithstanding any provision to the contrary, Developer shall pay all normal and customary fees and charges applicable to all permits and [Approvals/Entitlements] necessary for the Project, and any taxes, fees, and charges hereafter imposed by City, which are standard and uniformly-applied to similar projects in the City. 4. City Release; Expiration. This Agreement shall expire three (3) years after the Effective Date unless Developer has outstanding reimbursement obligations to the City at such time or City reasonably determines that the Project has not been abandoned and/or City will incur additional reimbursable costs after such date, in which event this Agreement will be automatically extended for additional one (1) year terms until Developer has reimbursed all City Costs. 5. Remedies. In the event of a breach by Developer, City may, in addition to any other remedies, seek to recover the 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. 6. Conflicts of Interest. 6.1 No Financial Relationship. Developer acknowledges the requirements of Government Code Sections 1090 et seq. (the “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. 6.2 Developer’s Representations and Warranties. Developer represents and warrants that it is duly authorized to do business in the State of California. Developer further represents and warrants that, for the 12-month period preceding the Effective Date of this Agreement, it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code sections 87100 et seq.). 7. Developer Acknowledgements. Subject to the reimbursement obligations set forth in this Agreement, Developer acknowledges and agrees that, with respect to the work concerning the [Approvals/Entitlements], and the Project: 7.1 City has sole discretion to select which of its employees and contractors are assigned to the work. 7.2 City has sole discretion to direct the work and evaluate the performance of the employees and contractors assigned to the work, and City retains the right to terminate or replace at any time any such person. 7.3 City has sole discretion to determine the amount of compensation paid to employees or contractors assigned to the work. G.9.b Packet Pg. 93 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 4 7.4 City, not Developer, shall pay employees and contractors assigned to the work from a City account. 8. Indemnification and Hold Harmless. 8.1 Agreement Not Liability or Debt of City. The Parties acknowledge that there may be challenges to the legality, validity and adequacy of this Agreement, [Approvals/Entitlements], the Project itself, or other City actions related to the same. If such challenges are successful, such challenges could delay or prevent the performance of this Agreement, [Approvals/Entitlements], or implementation of the Project. City shall have no liability whatsoever for the inability of Developer to obtain the [Approvals/Entitlements], implement the Project, as the result of any judicial determination that some or all of the [Approvals/Entitlements], the Project, or any other City action related to any of the same are invalid or inadequate or not in compliance with law. No official, officer, employee or agent of the City shall be personally liable hereunder to any extent. The Parties further acknowledge and agree that this Agreement is not a debt of the City. The City shall not in any event be liable hereunder other than to return the unexpended and uncommitted portions of the deposit as provided in Section 2.6 above, and to provide an accounting under Section 2.5 above. The City shall not be obligated to advance any of its own funds for any reason whatsoever. 8.2 Indemnification. Developer agrees to indemnify, protect, defend, and hold harmless the City and its officials, officers, employees, agents, elected boards, commissions, departments, agencies, and instrumentalities thereof, from any and all actions, suits, claims, demands, writs of mandamus, liabilities, losses, damages, penalties, obligations, expenses, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures) asserted by third parties against the City that challenge, or seek to void, set aside, or otherwise modify or annul, the action of, or any approval by, the City for or concerning this Agreement, the [Approvals/Entitlements], the Project, or any other City action related to any of the foregoing (including, but not limited to, reasonable attorneys’ fees and costs) (herein the “Claims and Liabilities”) whether such Claims and Liabilities arise under planning and zoning laws, the Subdivision Map Act, CEQA, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. In the event any action for any Claims and Liabilities is brought against the City and/or related parties, upon City’s notification to Developer of the pendency of a claim or suit, Developer shall make a minimum deposit sufficient to pay all of Developer’s indemnification obligations for the following ninety (90) days, which includes legal costs and fees anticipated to be incurred as reasonably determined by the City. Developer shall make deposits (“Indemnity Deposit”) required under this section within five (5) days of the City’s written request. At no point during the pendency of such claim or suit shall the minimum balance of the Indemnity Deposit fall below One Hundred Thousand Dollars ($100,000). If Developer fails to timely pay such funds, the City may abandon the action without liability to Developer and may recover from Developer any attorneys’ fees and other costs for which the City may be liable as a result of abandonment of the action. It is expressly agreed that the City shall have the right to utilize the City Attorney’s office or use other legal counsel of its G.9.b Packet Pg. 94 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 5 choosing. Developer’s obligation to pay the defense costs of the City shall extend until final judgment, including any appeals. City agrees to fully cooperate with Developer in the defense of any matter in which Developer is defending and/or holding the City harmless. The City may make all reasonable decisions with respect to its representation in any legal proceeding, including its inherent right to abandon or to settle any litigation brought against it in its sole and absolute discretion, and City’s reasonable decision to settle or abandon a matter, including but not limited to following an adverse judgment or failure to appeal, shall not cause a waiver of the City’s indemnification rights. Any decision by the City to settle litigation shall not, without the written consent of Developer, bind Developer. City shall discuss litigation strategy with Developer in good faith, but shall retain absolute discretion to make strategy decisions. 8.3 Exception. The obligations of Developer under this Section shall not apply to any claims, actions, or proceedings arising through the sole negligence or willful misconduct of the City, its members, officers, or employees. 8.4 Period of Indemnification. The obligations for indemnity under Section 8.2 shall begin upon the Effective Date and shall survive termination or expiration of this Agreement. 9. Developer’s Rights Concerning Review of Documents. City shall give Developer at least ten (10) days’ notice along with copies of any proposed contract with a Consultant and related documents so that Developer shall have the opportunity to provide comments or objections thereto, prior to the City finalizing, filing, or otherwise releasing any of the foregoing. The City shall also provide Developer with draft copies of all other reports and studies funded through this Agreement. Developer may discuss issues with the City or its consultants and may make comments orally or in writing. The City shall also use reasonable efforts to permit Developer's review with respect to agendas and staff reports for all open City Council, Planning Commission and other public body meetings at which the Project or related matters are to be considered, and by providing Developer with draft copies thereof prior to or concurrently with the transmission of such documents to the appropriate body. It is expressly understood that any and all City consultants retained hereunder are under contract solely with the City, and the City is free to disregard the comments of Developer and exercise its independent judgment in making payments to the Consultant or revising or accepting the Consultant’s work product, without any liability whatsoever to Developer therefor. 10. No Obligation to Approve Project. The provisions of this Agreement shall in no way obligate the City to grant any approvals or take any particular action related to an application for any approvals. 11. 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. City’s consent to assignment shall not be unreasonably withheld. G.9.b Packet Pg. 95 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 6 12. 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. 13. Authority to Enter Agreement. Developer warrants that it has the legal capacity to enter into the Agreement. Each Party warrants that the individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 14. 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: To City: City of Grand Terrace 701 E. Grand Terrace Street Grand Terrace, CA 90745 Attn: Konrad Bolowich, City Manager/Scott Hutter, Planning Director & Antonio Lopez, Assistant Planner Copy to: Aleshire & Wynder, LLP 1 Park Plaza Suite 1000 Irvine, CA 92614 Attn: Adrian Guerra, City Attorney Email: aguerra@awattorneys.com To Developer: [insert name of company] [insert address] Attn: [insert name of individual] Email: [insert email address] Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; 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. 15. 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. 16. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, 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 personnel, employees, agents, and contractors of Developer, except as otherwise specified in this G.9.b Packet Pg. 96 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 7 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. 17. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 18. 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. 19. 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. 20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 21. 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, and shall be construed so as to effectuate the intent of the Parties. 22. 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. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure section 394. 23. Time is of the Essence. Time is of the essence with respect to this Agreement. 24. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 25. Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer with respect to the subject matter of this Agreement. G.9.b Packet Pg. 97 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 8 [SIGNATURES OF PARTIES ON NEXT PAGE] G.9.b Packet Pg. 98 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY: CITY OF GRAND TERRACE, a California municipal corporation By:_________________________________ Konrad Bolowich, City Manager ATTEST: By: Debra Thomas, City Clerk APPROVED AS TO FORM: By: ____ Adrian R. Guerra, City Attorney DEVELOPER: [INSERT NAME OF COMPANY], a [insert state] limited partnership By:____________________________________ Name: Title: By:____________________________________ Name: Title: Two corporate officer signatures required when Developer is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY. G.9.b Packet Pg. 99 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 01005.0018/813501.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.9.b Packet Pg. 100 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t ) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.9.b Packet Pg. 101 At t a c h m e n t : G T F o r m R e i m b u r s e m e n t A g r e e m e n t ( P o l i c y f o r R e i m b u r s e m e n t A g r e e m e n t )