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04/23/2024CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● APRIL 23, 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: 828 0220 0418 Password: 638359 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 April 23, 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 Jeff Allen    Council Member Kenneth J. Henderson    A. INSTALLATION OF OFFICER Installation of Officer and Oath of Office to Appointed Official. B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA C. 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. D. SPECIAL PRESENTATIONS Grand Terrace High School Certificate of Recognition National Day of Prayer Proclamation Agenda Grand Terrace City Council April 23, 2024 City of Grand Terrace Page 3 E. 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 – 04/09/2024 DEPARTMENT: CITY CLERK 3. Implementation of Additional Video Surveillance Cameras in the Public Right-Of-Way RECOMMENDATION: Approve Purchase Order for $84,000 with Flock Safety for the Purchase, Installation, and Subscription of Video Surveillance Cameras in the Public Right-Of-Way DEPARTMENT: CITY MANAGER 4. Award of Contract to All League Fence Co. for Fence on Canal St. Between Newport Ave & Mt. Vernon Ave RECOMMENDATION: 1. Award a Construction Contract to All League Fence Co. In the amount of $32,925. 2. Authorize City Manager to execute the Contract and any necessary Change Orders for this project. DEPARTMENT: PUBLIC WORKS 5. Accept and Approve a Memorandum of Understanding Between the City of Grand Terrace and the Teamsters Local 1932 for the Period of May 1, 2024, through June 30, 2027 RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ACCEPTING AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND TEAMSTERS LOCAL 1932, FOR THE PERIOD OF MAY 1, 2024, THROUGH JUNE 30, 2027 DEPARTMENT: CITY MANAGER 6. Annual Housing Element Progress Report for 2023 RECOMMENDATION: THAT THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, ADOPT A RESOLUTION RECEIVING AND FILING THE CITY OF GRAND TERRACE GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2023 CALENDAR YEAR DEPARTMENT: PLANNING & DEVELOPMENT SERVICES Agenda Grand Terrace City Council April 23, 2024 City of Grand Terrace Page 4 F. PUBLIC HEARINGS - NONE G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS 7. Future Agenda Items Request - Council Member Allen’s Discussion to Reconsider His March 26, 2024, Second to Council Member Henderson’s Motion to Bring Back a Gaza, Palestine Ceasefire Resolution RECOMMENDATION: City Council to Consider Council Member Allen's Request to Reconsider his March 26, 2024, Second to Council Member Henderson's Motion to Bring Back a Gaza, Palestine Ceasefire Resolution DEPARTMENT: CITY MANAGER 8. Future Agenda Items Request - Discussion on Whether to Bring Back to the City Council a Gaza, Palestine Ceasefire Resolution RECOMMENDATION: City Council to Consider Whether to Bring Back a Gaza, Palestine Ceasefire Resolution DEPARTMENT: CITY MANAGER 9. Council Member Request Panhandling RECOMMENDATION: It is recommended that the City Council: 1) receive the Staff report; 2) provide input to City Staff. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 10. Future Agenda Items Request - Discussion on Whether to Bring Back an Ordinance Adding Additional Enforcement to Street Racing and Street Takeovers RECOMMENDATION: City Council to Consider Whether to Bring Back an Ordinance Adding Additional Enforcement to Street Racing and Street Takeovers DEPARTMENT: CITY MANAGER I. 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 April 23, 2024 City of Grand Terrace Page 5 J. CITY COUNCIL COMMUNICATIONS Council Member Kenneth J. Henderson Council Member Jeff Allen Mayor Pro Tempore Doug Wilson Mayor Bill Hussey K. CITY MANAGER COMMUNICATIONS L. CLOSED SESSION - NONE M. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, May 28, 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 ● APRIL 9, 2024 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday, April 9, 2024, at 6:00 p.m. Invocation The Invocation was given by Pastor Josue Zapata from Centerpoint Church. Pledge of Allegiance The Pledge of Allegiance was led by Grand Terrace resident, Johan Gallo. AB 2449 Disclosures None. Attendee Name Title Status Arrived Bill Hussey Mayor Present Doug Wilson Mayor Pro Tem Present Jeff Allen Council Member Present Kenneth J. Henderson Council Member Present Konrad Bolowich City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Christine Clayton Finance Director Present A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. B. PUBLIC COMMENT Ginna Slocum, Grand Terrace expressed her concerns regarding weeds and trash on a property close to hers. C. SPECIAL PRESENTATIONS Susan Van Campen, a living kidney donor and volunteer with One Legacy was presented with a proclamation declaring April as DMV/Donate Life Month. E.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 A p r 9 , 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 April 9, 2024 City of Grand Terrace Page 2 Hillary Steenson-Ray, Interim Associate Network Officer with Children’s Network was presented with a proclamation declaring April as Child Abuse Prevention Month. D. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 03/26/2024 APPROVE THE REGULAR MEETING MINUTES FOR MARCH 26, 2024 3. Historical & Cultural Activities Committee Member Resignation, Committee Member Removal and Authorization to Post Notice of Vacancies ACCEPT THE RESIGNATION OF HISTORICAL & CULTURAL ACTIVITIES COMMITTEE MEMBER RENAE WALKER, REMOVAL OF COMMITTEE MEMBER LORI WILLIAMS FOR FAILURE TO ATTEND COMMITTEE MEETINGS AND EVENTS, DIRECT THE CITY CLERK TO PREPARE AND SEND A LETTER OF APPRECIATION ON BEHALF OF THE CITY COUNCIL AND DIRECT THE CITY CLERK TO POST NOTICE OF VACANCIES. 5. Appropriations in the Amount of $42,900 for Guardrail Replacement on Barton Rd 1. APPROVE THE APPROPRIATION OF $42,900 FOR THE REPLACEMENT OF DAMAGED GUARDRAIL ON BARTON RD 6. Submission of Deed Restriction for Richard Rollins Park, Veterans Freedom Park, TJ Austyn Park, Griffin Park, Fitness Park, and Dog Park to San Bernardino County Assessor-Recorder Office TO AUTHORIZE THE RECORDATION OF DEED RESTRICTION FOR RICHARD ROLLINS PARK, VETERANS FREEDOM PARK, TJ AUSTYN PARK, GRIFFIN PARK, FITNESS PARK, AND DOG PARK AT SAN BERNARDINO COUNTY ASSESSOR-RECORDER OFFICE. Agenda Item No. D.4 was pulled for discussion by Konrad Bolowich, City Manager 4. Consider a Request by the City of Grand Terrace Blue Mountain Festival Committee (Formerly Community Day Committee) to Host a Beer Garden as Part of the Event Festivities on May 18, 2024, at Richard Rollins Park 1. CONSIDER ADOPTING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AUTHORIZING THE CONSUMPTION, POSSESSION, THE OFFERING, GIVING OR FURNISHING OR CAUSING THE OFFERING, GIVING OR FURNISHING, OF ALCOHOLIC OR INTOXICATING BEVERAGES AS A FUNDRAISER ON BEHALF OF THE GRAND TERRACE LIONS CLUB TO BE HELD AT THE CITY OF GRAND TERRACE BLUE MOUNTAIN FESTIVAL PURSUANT TO GRAND TERRACE MUNICIPAL CODE SECTION 9.04.050 E.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 A p r 9 , 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 April 9, 2024 City of Grand Terrace Page 3 2. REVISE THE RESOLUTION TO IDENTIFY THAT MEMBERS OF THE PUBLIC OF ALL AGES ARE ALLOWED TO ENTER THE BEER GARDEN LOCATION OF THE GRAND TERRACE BLUE MOUNTAIN FESTIVAL RESULT: APPROVED [UNANIMOUS] MOVER: Kenneth J. Henderson, Council Member SECONDER: Jeff Allen, Council Member AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson Agenda Item No. D.7 was pulled for discussion by Mayor Bill Hussey 7. Traffic Signal Design for Intersections of Mt Vernon at Van Buren Street and Pico Street, CIP 2024-Txx PUBLIC COMMENT Ginna Slocum, Grand Terrace expressed her concern with the installation of traffic signals in the proposed locations and requested that the City consider other options. 1. FIND THAT THE CAPITAL IMPROVEMENT PROJECT (CIP 2024-T) 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 A CONTRACT TO MINAGAR & ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF MT VERNON AND VAN BUREN STREET, AND PICO STREET, IN THE AMOUNT OF $38,359 PLUS A 10% CONTINGENCY ($3,836). AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Kenneth J. Henderson, Council Member AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson E. PUBLIC HEARINGS None. F. UNFINISHED BUSINESS None. E.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 A p r 9 , 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 April 9, 2024 City of Grand Terrace Page 4 G. NEW BUSINESS None. H. FUTURE AGENDA ITEMS 1. Motion: Council Member Allen requested that his March 26, 2024, second to Council Member Henderson’s motion to bring back a Gaza, Palestine ceasefire resolution be reconsidered discussed at the next City Council meeting RESULT: ADOPTED [3 TO 0] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor AYES: Bill Hussey, Jeff Allen, Kenneth J. Henderson ABSTAIN: Doug Wilson I. CITY COUNCIL COMMUNICATIONS Council Member Kenneth J. Henderson Council Member Henderson attended the following meetings and events: • Nothing to report. Council Member Jeff Allen Council Member Allen attended the following meetings and events: • Nothing to Report. Mayor Pro Tempore Doug Wilson Mayor Pro Tem Wilson attended the following meetings and events: • On Thursday, March 28, 2024, he attended the City of Grand Terrace Annual Shareholders Meeting of the Riverside Highland Water Company Board of Directors. Mayor Bill Hussey Mayor Hussey attended the following meetings and events: • Nothing to report. J. CITY MANAGER COMMUNICATIONS City Manager Bolowich announced the following: • April 10, 2024 @ 1:00 p.m. Advance Auto Parts will be holding its Ribbon Cutting Ceremony. E.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 A p r 9 , 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 April 9, 2024 City of Grand Terrace Page 5 • Identified for the residents those streets that have been paved and expressed his appreciation for their patience. K. RECESS TO CLOSED SESSION Mayor Hussey recessed the regular meeting of the City Council to closed session at 6:55 p.m. CLOSED SESSION 1. CONFERENCE WITH LABBOR 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, City Clerk, Finance Director, City Engineer, Planning & Development Services Director, Senior Management Analyst (2) positions, Management Analyst, Assistant Planner RECONVENE TO OPEN SESSION Mayor Hussey reconvened the regular meeting of the City Council from closed session at 7:28 p.m. REPORT OUT OF CLOSED SESSION Adrian Guerra, City Attorney announced that there was no reportable action, however direction was provided to staff. L. ADJOURN Mayor Hussey adjourned the Regular Meeting of the City Council in memory of former Grand Terrace resident, Jacqueline Smith at 7:30 p.m. The Next Regular City Council Meeting will be held on Tuesday, April 23, 2024, at 6:00 p.m. _________________________________ _________________________________ Bill Hussey, Mayor Debra L. Thomas, City Clerk E.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 A p r 9 , 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: April 23, 2024 Council Item TITLE: Implementation of Additional Video Surveillance Cameras in the Public Right-Of-Way PRESENTED BY: Judith Garcia, Management Analyst RECOMMENDATION: Approve Purchase Order for $84,000 with Flock Safety for the Purchase, Installation, and Subscription of Video Surveillance Cameras in the Public Right-Of-Way 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety, by investing in Critical Improvements to Infrastructure. BACKGROUND: On October 27, 2015, the Council approved resources to enhance public safety services in our community. The implementation of a comprehensive video surveillance system in Grand Terrace was authorized. The Council and community have advocated for enhanced public safety measures, including the adoption of surveillance cameras. On March 8, 2016, the Council allocated funding for video surveillance infrastructure. This included allocating $48,562 to Security Lines USA for installing Video Surveillance Cameras in the public right-of-way and $5,124.60 for upgrading park cameras in Richard Rollins and Pico Park. The City has consistently had some level of video surveillance since 2015. DISCUSSION: The decision to adopt Flock Safety Falcon cameras from Flock Safety aligns with the City's ongoing commitment to improving public safety and surveillance capabilities. These 12 cameras are equipped with features such as facial recognition and license plate recognition technology, which can significantly assist law enforcement in tracking and identifying vehicles associated with criminal activities. The placement of the cameras was determined by the crime statistics reporting division of the Sheriff Intelligence Bureau. The placements collaborate with neighboring jurisdictions that adopted the same camera system, allowing the Sheriff's Department to share and track criminal activity across jurisdictional borders. Data is accessible through law enforcement channels providing its safety and security. Extended data retention capabilities ensure the secure storage of crucial information for 365 days, facilitating future reference and analysis. E.3 Packet Pg. 11 By investing in Flock cameras, the City of Grand Terrace demonstrates its dedication to leveraging technological advancements to strengthen public safety initiatives. The deployment of these cameras is expected to enhance surveillance capabilities, deter criminal activities, and provide valuable support to law enforcement agencies in safeguarding the welfare and security of residents. FISCAL IMPACT: First year installation and operations costs are $44,400. Subsequent years recurring costs are $39,600. This agreement is for 24 months with a total initial cost of $84,000. Funds will be allocated from the General Fund Account #10-410-900-000-000, Law Enforcement City Crime Deterrent Expenses. ATTACHMENTS: • Flock Safety Quote (PDF) • Proposed FLOCK Locations (PDF) APPROVALS: Judith Garcia Completed 04/11/2024 2:41 PM Finance Completed 04/12/2024 9:17 AM City Manager Completed 04/11/2024 2:39 PM City Council Pending 04/23/2024 6:00 PM E.3 Packet Pg. 12 Flock Safety + CA-The City of Grand Terrace ______________ Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 ______________ MAIN CONTACT: Jesse Mund jesse.mund@flocksafety.com 7138996379 Created Date: 03/15/2024 Expiration Date: 05/15/2024 Quote Number: Q-73185 PO Number: E.3.a Packet Pg. 13 At t a c h m e n t : F l o c k S a f e t y Q u o t e ( I m p l e m e n t a t i o n o f A d d i t i o n a l V i d e o S u r v e i l l a n c e C a m e r a s i n t h e P u b l i c R i g h t - O f - W a y ) Budgetary Quote This document is for informational purposes only. Pricing is subject to change. Bill To: 22795 Barton Road Grand Terrace, California 92313 Ship To: 22785 Barton Road Grand Terrace, California 92313 Billing Company Name: CA-The City of Grand Terrace Subscription Term: 24 Months Billing Contact Name: Payment Terms: Net 30 Billing Email Address: Retention Period: 365 Days Billing Phone: Billing Frequency: Annual Plan - Invoiced at First Camera Validation. Hardware and Software Products Annual recurring amounts over subscription term Item Cost Quantity Total Flock Safety Platform $39,600.00 Flock Safety LPR Products Flock Safety Falcon ® Included 12 Included Flock Safety Platform Add Ons Extended data retention (Up to 1 Year) $300.00 12 $3,600.00 Professional Services and One Time Purchases Item Cost Quantity Total One Time Fees Flock Safety Professional Services Professional Services - Standard Implementation Fee $650.00 6 $3,900.00 Professional Services - Existing Infrastructure Implementation Fee $150.00 6 $900.00 Subtotal Year 1: $44,400.00 Annual Recurring Subtotal: $39,600.00 Estimated Tax: $0.00 Contract Total: $84,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice – this document is a non-binding proposal for informational purposes only. Pricing is subject to change. E.3.a Packet Pg. 14 At t a c h m e n t : F l o c k S a f e t y Q u o t e ( I m p l e m e n t a t i o n o f A d d i t i o n a l V i d e o S u r v e i l l a n c e C a m e r a s i n t h e P u b l i c R i g h t - O f - W a y ) Product and Services Description Flock Safety Platform Items Product Description Flock Safety Falcon ® An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes. One-Time Fees Service Description Installation on existing infrastructure One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - Advanced Implementation Fee One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. FlockOS Features & Description Package: Community FlockOS Features Description E.3.a Packet Pg. 15 At t a c h m e n t : F l o c k S a f e t y Q u o t e ( I m p l e m e n t a t i o n o f A d d i t i o n a l V i d e o S u r v e i l l a n c e C a m e r a s i n t h e P u b l i c R i g h t - O f - W a y ) E.3.b Packet Pg. 16 At t a c h m e n t : P r o p o s e d F L O C K L o c a t i o n s ( I m p l e m e n t a t i o n o f A d d i t i o n a l V i d e o S u r v e i l l a n c e C a m e r a s i n t h e P u b l i c R i g h t - O f - W a y ) AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Award of Contract to All League Fence Co. for Fence on Canal St. Between Newport Ave & Mt. Vernon Ave PRESENTED BY: Shanita Tillman, Senior Management Analyst RECOMMENDATION: 1. Award a Construction Contract to All League Fence Co. In the amount of $32,925. 2. Authorize City Manager to execute the Contract and any necessary Change Orders for this project. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: The City's intention to install a fence along Canal St. arises from the area's status as a highly trafficked lookout point. While some individuals use the space to unlawfully park and watch fireworks during the Fourth of July, others have become a nuisance by illegally parking their vehicles on this private property and leaving behind litter such as trash and glass. The primary objective of installing the fence is to prevent unauthorized access to the landing while still allowing access to Edison, as the land belongs to them, but the fence will fall within our right of way. DISCUSSION: On January 26, 2024, staff issued an invitation to bid for a 2-rail fence with vinyl posts and (3) access gates along Canal St. between Newport Ave & Mt. Vernon Ave. The submission deadline was February 6, 2024, resulting in two bids: Bid 1 All League Fence Co $32,925.00 Bid 2 Eleazar General Engineering Inc. $46,171.80 All League Fence Co. emerged as the lowest responsive bidder, holding a valid contractor's license with positive references. Construction is anticipated to begin promptly following council approval and is scheduled for completion within four working days. Staff recommends that the Council award the Construction Contract to All League Fence Co. for the 2-Rail Fence Installation with (3) access gates, and authorize the City E.4 Packet Pg. 17 Manager to execute the contract and any necessary change orders for the project. FISCAL IMPACT: The appropriation of $32,925 from account 10-175-257-000 Contractual Svcs - Road Maintenance will have a direct fiscal impact, covering the costs associated with the installation of the fence. This expenditure aims to enhance road infrastructure and ensure public safety along Canal St: Fund Program Account Balance General Fund (10) Public Works (175) Contractual Svcs - Road Maintenance 10-175-257-000-000 $32,925.00 ATTACHMENTS: • Proposal (PDF) • Canal & Mt. Vernon Fence Project Location (PDF) APPROVALS: Shanita Tillman Completed 03/29/2024 3:58 PM Finance Completed 04/02/2024 8:10 AM City Manager Completed 04/02/2024 10:20 AM City Council Pending 04/23/2024 6:00 PM E.4 Packet Pg. 18 To:Attn: From:Page: Project:Bid#: Date:Specs: Item Unit Qty Unit Price Amount 1 LF 1890 $15.00 $28,350.00 2 EA 3 $1,525.00 $4,575.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 11 $0.00 12 $0.00 13 $0.00 14 $0.00 15 $0.00 16 $0.00 17 $0.00 18 $0.00 19 $0.00 20 $0.00 TOTAL 32,925.00$ 1831 Sonora Ave, San Bernardino CA 92404 Phone: 909.565.8687 Email: www.allleaguefencing.com DIR#1000018901 Lic.# 986316 By (sign): Signature: Accpeted (print name): Company: By (sign): Date:Date: All League Fencing agrees to guarantee above fence to be free from defects in materials and workmanship for one year. All League Fencing, shall advise the customer as to local zoning regulations, if any additional permits are required there will be additional cost. All League Fencing will assist the customer, upon request, in determining where the fence is to be erected, but under no circumstance does All League Fencing assume any responsibility concerning property lines or in any way guarantee their accuracy. If property pins cannot be located it is recommended that the customers have the property surveyed and provide us with that report. All League Fencing will assume the responsibility for having underground public utilities located and marked. However, All League Fencing, assumes no responsibility for unmarked sprinkler lines, or any other unmarked buried lines or objects. The customer will assume all liability for any damaged caused by directing All League Fencing to dig in the immediate vicinity of known utilities. The final billing will be based on the actual footage of fencing built and the worked performed. Partial billing for materials delivered to the job site and worked completed may be sent at weekly intervals. Adjustments for materials used on this job and adjustments for labor will be charged or credited the currently established rated and will identified and agreed upon in writing. Additional charges for any extra work not covered in this contract that was requested by the customer will also be added and agreed upon in writing in an addendum to this contract. The full amount of this contract along with any additional charges will become payable upon completion of all work. A finance charge of 1% per month (or a minimum of $1.00), which is an annual percentage rate of 18%, shall be applied to accounts that are not paid within 10 days after completion any worked invoiced. All materials will remain the property of All League Fencing, until all invoices pertaining to the job are paid in full. Right of access and removal is granted to All League Fencing in the event of non-payment under the terms of this contract. The customer agrees to pay all interest and any costs incurred in the collection of this debt. Contractor are required by law to be licensed and regulate by the Contractors State Board. Any questions concerning a contractor may be referred to the register of the Board: Contractors' State Licence Board P.O Box 26000, Sacramento, CA 95826. Provide and install white 2 rail ranch rail stly pvc fence Provide and install single swing service gate to match fence Proposal & Contract Signature: Accpeted (print Company: City Of Grand Terrace Description Ruben Montano Furnish And Install The Following Steven Martinez two rail pvc fence 2/22/24 2877 This project is Prevailing Wage. E.4.a Packet Pg. 19 At t a c h m e n t : P r o p o s a l ( F e n c e C o n t r a c t f o r C a n a l S t . U p g r a d e ) 2-tier fence Gate Legend: E.4.b Packet Pg. 20 At t a c h m e n t : C a n a l & M t . V e r n o n F e n c e P r o j e c t L o c a t i o n 2-tier fence Gate Legend: E.4.b Packet Pg. 21 At t a c h m e n t : C a n a l & M t . V e r n o n F e n c e P r o j e c t L o c a t i o n AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Accept and Approve a Memorandum of Understanding Between the City of Grand Terrace and the Teamsters Local 1932 for the Period of May 1, 2024 through June 30, 2027 PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ACCEPTING AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND TEAMSTERS LOCAL 1932, FOR THE PERIOD OF MAY 1, 2024, THROUGH JUNE 30, 2027 2030 VISION STATEMENT: This staff report supports Goal #1, Ensure our Fiscal Viability. BACKGROUND: The current MOU between the City and Teamsters Local 1932 (“Teamsters”) is set to expire at the end of June 2024. In preparation for this, the City conducted a salary and position survey for all current positions to determine the adequacy of compensation levels. The goal was to evaluate Grand Terrace's compensation levels relative to other agencies in the area and to similar-sized cities. The City used compensation data from Colton, Fontana, Highland, Loma Linda, and Rialto as comparables for local cities. These cities were selected because they are in the same area as Grand Terrace and, in one way or another, represent similar types of communities demographically. San Bernardino, Riverside, and Redlands were specifically excluded due to their status as large cities that represent a different demographic than Grand Terrace. For similar-sized cities, the City used comparables from Adelanto, Calimesa, Canyon Lake, and Yucca Valley. While not all direct competitors in the same labor pool as Grand Terrace, they all represent cities with similar constraints and populations. The survey revealed that in every position, City employees were paid less than the next lowest comparable, with many positions being compensated at 20-30 percent below the average for similar positions. This wide disparity in wages has made it difficult to attract and retain qualified employees, leading to high turnover and difficulties in completing longer-term projects. E.5 Packet Pg. 22 Additionally, a review of current wage scales showed wage compression in most positions that led to a lack of promotion. In many cases, the position promoted into was at a similar wage as the junior position, removing incentives for the adoption of additional skills, promotion, or retention of skilled employees, resulting in a loss of institutional memory, high turnover, and under-skilled employees. The City's compensatory benefits are also below average, with health insurance compensation being $200 to $300 below surveyed cities. There is no uniform allowance, no educational incentive, and no incentive for retention or additional training. DISCUSSION: Pursuant to the provisions of the Meyers-MilIias-Brown Act, Government Code Section 3500 et seq. ("MMBA”), the City and Teamsters engaged in good faith negotiations regarding wages, hours, and other terms and conditions of employment for the purposes of reaching a tentative agreement on a successor Memorandum of Understanding (“MOU”). The City and Teamsters reached a tentative agreement that was ratified by Teamsters on or about April 17, 2024 by a vote of its membership. The City and Teamsters representatives have jointly and in good faith prepared a successor MOU which they are now submitting to the City Council to be considered, accepted, and approved. The City’s initial goal was to explore bringing base salaries close to the median for each position. However, after calculating costs and considering the current budget, it was determined that achieving the median was not feasible. As a result, comparable wages for each position were segmented into twelfths, creating a range that includes the bottom 1/3rd (4/12), the median (6/12), and a point in between at 5/12th of the range. The aim is to bring pay into the bottom 1/3rd in the first year of the contract, with incremental increases over the term of the agreement to reach wages near the median by the third year. This phased approach is financially achievable as it spreads the increases over three years. However, since the current inflation rate for Southern California is around 6%, a 5% raise would not keep up with the cost-of-living increases in the region. This means employees would still see a decrease in their purchasing power over time due to the rising cost of goods and services. The proposed MOU also addresses healthcare costs, which are currently indexed to Kaiser costs for a single employee. This benefit has a greater impact for those at the lower end of the pay spectrum, as compensation for this is typically a flat amount, not an hourly increase. The proposal is to increase this benefit by a non-indexed amount that will closely reflect current costs for an employee plus one dependent. Additionally, there is currently no uniform allowance for uniformed employees, which means there is no ability to cap uniform costs or ensure that uniformed employees are properly representing the City. The proposed MOU includes a uniform allowance for each uniformed employee as well as a small allowance for Grand Terrace logoed E.5 Packet Pg. 23 apparel for non-uniformed employees. To incentivize employees to acquire skills beyond the minimum required for their positions, the proposal includes certification incentive pay for certifications such as playground inspection, pesticide use, and notary license, which enhance job performance. Contributions towards tuition reimbursement for work leading to a 2-year, 4-year, or graduate degree will also be offered to encourage skill development. To aid in retention, steps are being added for employees who have been in the same position for 10, 15, and 20 years. Additionally, issues with wage compression between positions have been rectified to create a clear pathway for promotion and professional growth within the organization. These actions are expected to increase retention, reduce costs associated with turnover, and provide for smoother continuous operations. Finally, multiple positions that are currently vacant are being eliminated due to duplicate job requirements, a clear lack of need for the position, or to clarify a career growth pathway. In aggregate, the proposed MOU provides a compensation package that is still below the median for local and similar-sized cities but does make significant advances toward bringing the City's compensation to parity. Additional considerations provide for a package that promotes retention, professional growth, and promotion within the organization. ENVIRONMENTAL IMPACT None. FISCAL IMPACT: Impacts for the current fiscal year are included in mid-year surpluses. Future impacts will be included as part of the budget process. ATTACHMENTS: • Grand Terrace - Teamsters Local 1932 MOU 2024-27 (Draft)(976547.1) (DOCX) • MOU Wage Scales (PDF) • 2024-xx - Teamsters 1932 MOU May 1 2024 through June 30 2027(DOCX) APPROVALS: Konrad Bolowich Completed 04/17/2024 3:54 PM Finance Completed 04/17/2024 4:15 PM City Manager Completed 04/18/2024 11:00 AM E.5 Packet Pg. 24 City Council Pending 04/23/2024 6:00 PM E.5 Packet Pg. 25 01247.0023/976547.1 Memorandum of Understanding Between City of Grand Terrace and Teamsters Local 1932 Effective May 1, 2024 through June 30, 2027 E.5.a Packet Pg. 26 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 2 | P a g e TABLE OF CONTENTS ARTICLE 1 – TERM OF AGREEMENT ................................................................................. 3 ARTICLE 2 – RECOGNITION .................................................................................................. 3 ARTICLE 3 – NON-DISCRIMINATION .................................................................................. 3 ARTICLE 4 – NEW EMPLOYEE ORIENTATION ................................................................ 4 ARTICLE 5 – DUES DEDUCTIONS ......................................................................................... 5 ARTICLE 6 – DRIVE .................................................................................................................. 5 ARTICLE 7 – SHOP STEWARDS ............................................................................................. 5 ARTICLE 8 – MANAGEMENT RIGHTS ................................................................................ 7 ARTICLE 9 – RECLASSIFICATION ....................................................................................... 9 ARTICLE 10 – SALARY ............................................................................................................. 9 ARTICLE 11 – LONGEVITY PAY .......................................................................................... 10 ARTICLE 12 – CERTIFICATION PAY ................................................................................. 10 ARTICLE 13 – EDUCATION ALLOWANCE ....................................................................... 11 ARTICLE 14 – OUT OF CLASS PAY ..................................................................................... 11 ARTICLE 15 – HEALTH INSURANCE ................................................................................. 12 ARTICLE 16 – HOLIDAYS ...................................................................................................... 12 ARTICLE 17 – VACATION ..................................................................................................... 13 ARTICLE 18 – BEREAVEMENT LEAVE ............................................................................. 14 ARTICLE 19 – OVERTIME ..................................................................................................... 14 ARTICLE 20 – SICK LEAVE BUY BACK ............................................................................. 15 ARTICLE 21 – UNIFORMS...................................................................................................... 15 ARTICLE 22 – NO STRIKE/NO LOCKOUT PLEDGE ....................................................... 15 ARTICLE 23 – DISCIPLINE PROCEDURES ....................................................................... 16 ARTICLE 24 – GRIEVANCE PROCEDURES ...................................................................... 22 ARTICLE 25 – CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING ..... 24 ARTICLE 26 – SAVINGS CLAUSE ........................................................................................ 25 E.5.a Packet Pg. 27 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 3 | P a g e Memorandum of Understanding Between City of Grand Terrace and Teamsters Local 1932 This Memorandum of Understanding (“MOU” or “MEMORANDUM”) reflects the tentative collective bargaining agreement reached between the authorized labor relations representatives of the City of Grand Terrace (“City”) and the recognized employee organization identified as Teamsters Local 1932 (“Teamsters” or “Union”). This MOU shall have no force or effect until the date upon which the City Council formally accepts and approves this MOU by resolution or other official act. ARTICLE 1 – TERM OF AGREEMENT Except as otherwise specified herein, the Term of this MOU shall be effective from and after May 1, 2024 and shall expire at midnight on June 30, 2027. ARTICLE 2 – RECOGNITION For the purposes of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq), City rules, regulations, and/or laws affecting wages, hours, and other terms and conditions of employment, the City of Grand Terrace hereby affirms its recognition of Teamsters Local 1932 (“Teamsters” or “Union”), as the recognized employee organization for the General Unit that includes all permanent and full time employees, and excludes all management, confidential and supervisory employees; all part-time, temporary and at-will probationary employees; all retired annuitants; and the classifications of Assistant Planner, Principal Accountant, and Management Analyst. The Unit members are designated by the classifications set forth in Attachment "A" hereto (hereinafter referred to as the "Unit"). ARTICLE 3 – NON-DISCRIMINATION The provisions of this MOU shall be applied equally to all Employees without unlawful harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on race (including, but not limited to, hair texture and protective styles such as braids, locks and twists), religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions and possession of a driver’s license issued under Vehicle Code section 12801.9), ancestry, physical or mental disability, medical condition, genetic information/characteristics, marital status/registered domestic partner status, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender identity, gender expression/transgender (including whether or not you are transitioning or have transitioned), sexual orientation, age (40 and over) or military and veteran status or any other basis protected by federal, state, or local law or ordinance or regulation. E.5.a Packet Pg. 28 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 4 | P a g e ARTICLE 4 – NEW EMPLOYEE ORIENTATION A. New employee orientation means an "in person" meeting designated as such and scheduled with representatives of the City of Grand Terrace to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters. The City will provide written notice (by email, letter, or text) to Teamsters of all new employee orientations, which Teamsters represents, no less than ten (10) days prior to the scheduled orientation unless the urgent needs of City in hiring do not allow for 10 days’ notice. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. If Teamsters or its representative are not available on the day or time the City has scheduled its orientation, the City will allow the Teamsters to meet with the new employee within a week of hire. B. Teamsters will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following of the new employee orientation. Teamsters may provide written materials, including a packet of information, to the new employee(s). Teamsters agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures. C. Teamsters’ presentation will be conducted during the City’s regular work hours as a regular part of the new employee orientation. The City shall allow a maximum of one (1) employee release time to be present at the employee orientation. Approval from the Department Director shall be authorized prior to a bargaining Unit member attending the new employee orientation. At no time shall the bargaining Unit member (acting as a Teamsters representative) meeting with the new employee result in any overtime or additional costs to the City. A bargaining Unit member attending the orientation as a Union representative shall do so during their regular working hours so as to not incur additional costs to the City. Teamsters will provide the Human Resources Director at least 48 working day hours in advance notice of the name of the bargaining Unit member who they wish to attend the orientation. Once the New Employee Orientation has been completed, the new employee shall be granted early release, as necessary, to attend the next regular Local 1932 membership meeting, to be sworn in as a Teamsters member. D. Within 30 days of hire or by the first pay period of the month following hire, the City shall provide Teamsters with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. E. At least every one hundred twenty (120) days, the City will provide Teamsters a list of all employees in the Unit, including the employee’s name, job title, department, current rate of pay, work location, home mailing address, personal email address, and work, home, and personal cellular telephone numbers. Notwithstanding the foregoing and per Government Code Section 6254.3, the City E.5.a Packet Pg. 29 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 5 | P a g e will not provide the Union with the home address or any phone number on file with the City of any employee performing law enforcement-related functions, and the City will not provide the Union with any home address, home telephone number, personal cellular telephone number, or personal email address or date of birth of any employee who has made a written request to the City regarding non-disclosure of said information. ARTICLE 5 – DUES DEDUCTIONS A. Teamsters requests that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by Teamsters, from the wages and salaries of members of Teamsters. Teamsters hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Teamsters dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by Teamsters. Per Gov’t Code section 1157.12, Teamsters shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification. B. The City shall provide for payroll deductions on each payroll period (twenty-four times out of twenty-six payroll periods per calendar year). The City shall remit the total amount of deductions to Teamsters within thirty (30) days of the date of the deduction. Any changes in Teamsters dues must be given to the City a minimum of thirty (30) days prior to change to accommodate changes to payroll. ARTICLE 6 – DRIVE The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this agreement, voluntary contributions to DRIVE. DRIVE shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a bi-weekly basis for all weeks worked. The phrase “weeks worked” includes any week in which the employee has earnings. The City shall transmit to DRIVE National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s social security number and the amount deducted from that employee’s paycheck. The International Brotherhood of Teamsters shall reimburse the City annually for the City’s actual cost for the expense incurred in administering the weekly payroll deduction plan. ARTICLE 7 – SHOP STEWARDS A. The Union or its members may designate a maximum of two (2) employee Stewards to represent those employees in the Unit. The Union shall submit to the City a list E.5.a Packet Pg. 30 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 6 | P a g e of employee Stewards within thirty (30) days following the signing of this MOU, and upon any change of Stewards. When requested by an employee, a Union Steward may represent an aggrieved employee under the grievance procedure. B. Union Representative Leave of Absence. 1. Pursuant to Government Code section 3505.3, the City shall allow the employee Stewards a reasonable time off without loss of compensation or other benefits when they are participating in any one of the following activities: (a) Formally meeting and conferring with representatives of the City on matters within the scope of representation; (b) Testifying or appearing as the designated representative of Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union; and (c) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission. 2. Pursuant to Government Code section 3558.8, the City shall grant to employee Stewards, upon written request of the Union, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or representatives or officers of the exclusive representative, or of any statewide or national employee organization with which the Union is affiliated. (a) The Union shall reimburse the City for all compensation paid to the employee on leave. Reimbursement by the Union shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee. (b) At the conclusion or termination of leave granted under this section, the employee shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification. (c) The Union has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. The City reserves the right to recall any employee on leave pursuant to these sections due to an emergency. 3. Compensation. Compensation for release time shall not exceed the employee Stewards’ standard schedule of hours per day and shall not E.5.a Packet Pg. 31 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 7 | P a g e include compensation for overtime. Compensation shall include retirement fund contributions required of the City as an employer. The employee shall earn full service credit during the leave of absence and shall pay his or her member contributions. The leave of absence without loss of compensation or other benefits provided for by this section is in addition to the release time without loss of compensation or other benefits granted to representatives of the Union under applicable laws or this MOU. 4. Written Notice. Pursuant to Government Code sections 3505.3 and 3558.5, for leave requests for three consecutive days or less, the Union shall submit a written request to the employee Steward’s Department Head at least seven (7) days in advance of the requested leave of absence. For leave requests of greater than three consecutive days, the Union shall submit their written request at least thirty (30) calendar days in advance of the requested leave of absence. The written request shall include the purpose, dates, and duration of the requested leave. 5. Approval or Denial of Leave. A request for leave of absence may be granted on a full-time, part-time, periodic, or intermittent basis and will be approved if it does not substantially interfere with the performance of City services and operations. If leave is denied, the Department Head shall provide the Union with written notification of the reasons why the requested leave is denied. If granting the requested leave would create an operational hardship for the City, the parties agree to meet and confer regarding the requested leave in order to identify mutually acceptable alternative dates or amount of leave. 6. Reporting. The Union or the employee shall be required to execute any payroll forms, certifications of time, or other documents as required by the City to ensure that the time reporting is accurate and that the employee is performing the duties of a steward or officer or representative of the Union during all reported working hours. 7. Indemnification. The City shall not be liable for an act or omission of, or an injury suffered by, an employee of the City if that act, omission, or injury occurs during the course and scope of the employee's leave under this section to work for the Union. If the City is held liable for such an act, omission, or injury, the Union shall indemnify and hold harmless the City. ARTICLE 8 – MANAGEMENT RIGHTS A. It is understood and agreed that the City reserves and retains all of its inherent managerial rights, powers, functions and authorities, unless and only to the extent that the provisions of this MOU specifically modify or limit such rights, powers, functions and authority. The right of an employee to grieve the practical consequences of City decisions on wages, hours, and other terms and conditions of employment shall not be abridged. E.5.a Packet Pg. 32 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 8 | P a g e B. Department Supervisors are authorized to assign normal and alternative work schedules to their employees, including for examples such schedules as 5/40, 9/72.5, 9/80, 4/10, or variations thereof. Any change between work schedules shall require thirty (30) calendar days’ notice to the affected employee. C. Agreed Subjects Outside of Bargaining. The parties hereto agree that the City shall have the right to unilaterally make decisions on all subjects that are outside the scope of bargaining. Those subjects agreed by the parties to be outside the scope of bargaining shall include, but are not limited to, the following: 1. Determine issues of policy and make management decisions; 2. Take any and all necessary action to carry out the mission of the City in emergencies; 3. Determine the mission of the City’s constituent departments, divisions, boards, commissions, and committees; 4. Determine the existence or nonexistence of facts which are the basis of any management decision; 5. Determine the necessity, organization or level of any service or activity conducted by the City and to expand or diminish such services or activities; 6. Determine the nature, manner, methods, technology, means, and size of the work force by which City operations are to be conducted; 7. Determine and/or establish types of equipment or technology to be used; 8. Determine and/or change the facilities, methods, technology, means, and size of the work force by which City operations are to be conducted provided that, the City shall comply with its statutory obligation, if any, to engage in impact bargaining over the foreseeable effects of the decision on matters within the scope of representation; 9. Determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions; 10. Determine policies, procedures, and standards pertaining to City operations and activities; 11. Determine and/or establish methods of financing; 12. Hire, transfer, promote, and demote Unit members for non-disciplinary reasons, in accordance with this MOU and the City Personnel Rules and Regulations; E.5.a Packet Pg. 33 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 9 | P a g e 13. Determine the need and use of personnel information for Unit members and the means by which the information is to be provided, with Unit members retaining their rights to privacy as provided by law; 14. Determine and/or modify Unit member job qualifications and/or classifications provided that, the City shall comply with its statutory obligation, if any, to engage in impact bargaining over the foreseeable effects of the decision on matters within the scope of representation; 15. Determine and/or change work assignments for Unit members in accordance with requirements as determined by the City provided that, the City shall comply with its statutory obligation, if any, to engage in impact bargaining over the foreseeable effects of the decision on matters within the scope of representation; 16. Determine Unit member performance standards, including but not limited to quality and quantity standards, and to require compliance therewith; 17. Relieve Unit members from duties for lack of work or similar non- disciplinary reasons; 18. Discharge, suspend, demote or otherwise discipline Unit members for proper cause, subject to Unit member’s appropriate rights of appeal; and 19. Determine and promulgate and/or modify rules regulations to maintain order and safety in the City which are not in contravention with this MOU. ARTICLE 9 – RECLASSIFICATION The City shall notify Teamsters of any proposed reclassification of an existing classification covered by this MOU and allow reasonable opportunity for Teamsters to elect to meet and confer regarding the proposed changes in accordance with Government Code section 3500, et seq. ARTICLE 10 – SALARY A. Effective the first full pay period after May 1, 2024 or the first full payroll period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, all represented employees still on payroll at that time shall receive a total salary increase based upon the employee’s regular base pay as determined as of May 1, 2024, of either: (i) the percentage increase necessary to result in a base pay rate equivalent to the rate identified as the “Bottom 1/3” rate for the employee’s position in the City’s Class and Compensation Study, as demonstrated on Attachment “A” hereto, or (ii) five percent (5%), whichever is greater. B. Effective the first full pay period after July 1, 2025, all represented employees still on payroll at that time shall receive a five percent (5%) total salary increase based upon the employee’s regular base pay determined as of June 30, 2025. E.5.a Packet Pg. 34 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 10 | P a g e C. Effective the first full pay period after July 1, 2026, all represented employees still on payroll at that time shall receive a five percent (5%) total salary increase based upon the employee’s regular base pay determined as of June 30, 2026. ARTICLE 11 – LONGEVITY PAY A. Effective the first full pay period after May 1, 2024 or the first full payroll period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, employees are eligible for Longevity Pay as follows: 1. 10-Years of Service: Employees completing ten (10) years of continuous service with the City in the same position shall receive an additional five percent (5%) compensation above their base salary step. 2. 15-Years of Service: Employees completing fifteen (15) years of continuous service with the City in the same position shall receive an additional five percent (5%) compensation above their base salary step. 3. 20-Years of Service: Employees completing twenty (20) years of continuous service with the City in the same position shall receive an additional five percent (5%) compensation above their base salary step. B. Longevity Pay compensation shall be effective the first full pay period following the employees’ eligibility criteria. An employee on a leave of absence without pay, with the exception of federal or state family medical leave, and/or military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and/or the California Military and Veterans Code, shall not have such leave time credited as service time for purposes of calculating the years of service. ARTICLE 12 – CERTIFICATION PAY A. Effective the first full pay period after July 1, 2024 or the first full pay period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, Unit members shall receive, in addition to their regular compensation, a $25 a month payment ($12.50 paid each pay period) for obtaining and maintaining any of the following certifications: 1. Class A or Class B Commercial License 2. Backflow Certification 3. Irrigation Certification 4. Pesticide Certification 5. Notary License 6. Certified Access Specialist (CASp) E.5.a Packet Pg. 35 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 11 | P a g e 7. Playground Safety Inspector (CSPI) B. Unit members shall receive, in addition to their regular compensation, $12.50 a month ($6.50 paid each pay period) for every additional certification obtained. Certification pay is limited to $75.00 per month ($37.50 per pay period) per eligible employee. The City may, in its sole and absolute discretion, provide compensation above $25 a month for any one certification the City determines is of greater value to the City. The CASp and CSPI certifications shall qualify as two certificates meaning those certificates are valued at $37.50 per month each. C. It shall be the responsibility of the department and the Unit member to provide Payroll with a copy of their certifications and/or renewal. The City may, in its sole and absolute discretion, consider additional certifications not listed herein to qualify for certification pay under this Article. A Unit member is not eligible for Certification Pay for any certification obtained or maintained as a requirement of their job qualifications. ARTICLE 13 – EDUCATION ALLOWANCE A. Effective the first full pay period after May 1, 2024 or the first full pay period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, the City will reimburse a Unit member up to $5,000 per fiscal year for continuing education through an accredited postsecondary program, not including vocational and trade schools, that either offers growth in an area related to the Unit member’s current position or that may lead to promotional opportunities, as determined by the Human Resources Director. Qualifying education shall include courses taken at a community college or university. A. The Unit member must take the course on the Unit member’s own time. City time may not be used to attend educational opportunities covered by this program. If a course is only offered during regularly scheduled work hours, the Unit member’s supervisor and Department Director may make reasonable efforts to adjust work schedules to accommodate the scheduling conflict in their sole discretion. B. A Unit member must secure a passing grade of "B" or above to receive a reimbursement of 100%. A Unit member securing a passing grade of "C" or its equivalent shall receive a reimbursement of 50%. Expenses must be validated by receipts and a copy of the final grade received. Unit members who have completed six months of employment are eligible. The deadline for submitting Education Reimbursement Forms for any expenses of the prior fiscal year is the end of the second full pay period of July. C. Employees are expected to fulfill their job responsibilities effectively while balancing their educational pursuits, and failure to meet job performance expectations may result in the discontinuation of the education allowance. ARTICLE 14 – OUT OF CLASS PAY E.5.a Packet Pg. 36 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 12 | P a g e A. In an effort to assist employees in obtaining experience and training for future promotional opportunities, employees may from time to time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of the employee shall not be eligible for compensation as a temporary upgrade assignment. B. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a different level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assignment of such project or tasks is meant to be non-habitual and does not constitute out of classification work subject to reclassification as outlined in Article 9. C. If City requires an employee to perform tasks outside of their classification for more than a week, the City shall provide the employee out of class pay, as appropriate. Any grievance by an employee relating to not receiving out of class pay, as required by this subsection, must be received by the City within ten (10) days of occurrence. D. It is understood there are positions within the City that require specialized training and/or certification for the performance of specific tasks. No employee shall be required to perform any duties which would violate any applicable law or regulation requiring possession of specialized certification or training to perform such duty. ARTICLE 15 – HEALTH INSURANCE A. Effective the first full pay period after May 1, 2024 or the first full pay period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, the City’s Benefit Allowance as paid under the City’s Cafeteria Plan, which is intended to offset the employee’s out-of-pocket expenses under the City’s Employee Health Plan, shall be increased by four hundred dollars ($400.00) per month. B. Effective the January 1, 2025, January 1, 2026, and January 1, 2027 only, the City’s contribution to the health insurance premium will be adjusted, up or down, to match CalPERS Kaiser Region 3 premium rate. ARTICLE 16 – HOLIDAYS A. All full-time Unit members shall receive the following designated holidays. If any of the following holidays fall on a Saturday or Sunday, the holiday will be observed on the preceding Friday or following Monday. 1 New Year’s Day January 1 2 Martin Luther King Jr. Day Third Monday in January 3 President’s Day Third Monday in February 4 Cesar Chavez Day March 31 5 Memorial Day Last Monday in May E.5.a Packet Pg. 37 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 13 | P a g e 6 Independence Day July 4 7 Labor Day First Monday in September 8 Veteran’s Day Second Monday in November 9 Thanksgiving Day Fourth Thursday in November 10 Day After Thanksgiving Day Fourth Friday in November 11 Christmas Eve December 24 12 Christmas Day December 25 13 New Year’s Eve December 31 B. Floating Holidays. All full-time Unit members shall receive two (2) floating holidays per calendar year in addition to any other vacation leave an employee has accrued. Employees entitled to floating holidays shall be paid the equivalent of the employee's one workday of compensation for the floating holiday. Floating holidays must be used by the end of the corresponding calendar year. Any floating holiday hours not used by the end of the calendar year will be cashed out and included in the last pay period in June. Any full-time Unit member scheduled to work on a designated holiday and who works the holiday shall receive holiday pay and shall be paid overtime hours equal to the hours actually worked on the holiday. C. Holiday Closure. In the event City Hall is closed to the public on the dates between Christmas Eve and New Year’s Day, an employee has the right to come in to work at their regular schedule, utilize available vacation time, sick time, or floating holidays. Employees electing to utilize any of the above options during the closure are required to inform Human Resources of their election at least a week in advance of the closure. ARTICLE 17 – VACATION A. Each regular full-time employee budgeted for 20 or more hours per week, shall be credited with annual vacation leave according to their number of years of service as follows: 1. Full-time employees shall accrue vacation leave according to the following schedule: Type of Employee Years of Service Received Per Pay Period Received per Annum City Hall – Non-Exempt Regular Full-Time Employee, Exempt Employee 1-5 3.08 80 hours E.5.a Packet Pg. 38 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 14 | P a g e City Hall – Non-Exempt Regular Full-Time Employee, Exempt Employee 6-10 4.62 120 hours City Hall – Non-Exempt Regular Full-Time Employee, Exempt Employee 11+ 6.15 160 hours 2. Employees may not accrue more than 480 hours of vacation leave. No additional hours will be accrued until their Vacation Leave bank drops below 480 hours. 3. No employee shall be granted a vacation leave period greater than the amount of available vacation accruals. ARTICLE 18 – BEREAVEMENT LEAVE A. Effective the first full pay period after May 1, 2024 or the first full pay period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, a full-time Unit member may request up to five (5) days of bereavement leave, two (2) days of which shall be paid at the employee’s regular rate of pay, in the event of the death of an employee’s family member including father, step father, father-in-law, mother, step mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, spouse, domestic partner, child, step child, grandchild, grandparent or grandparent of spouse. A Unit member may use vacation, accrued and available sick leave, or compensatory time off that is otherwise available to the Unit member for any unpaid days of bereavement leave. B. The requested time off does not need to be in consecutive days, but the leave must be completed within three months of the family member’s death. The City reserves the right to request documentation substantiating the family member’s death. ARTICLE 19 – OVERTIME A. Rest Period. An employee who works sixteen consecutive hours shall earn an eight-hour rest period. An employee shall be compensated at his/her regular rate of pay for all regularly scheduled work time, which falls while that employee is off on his/her rest period. B. Overtime. Overtime is all hours an employee actually works over 40 in his or her regular workweek as defined by the Fair Labor Standards Act (“FLSA”). Overtime is compensated at time and one-half (1.5) the employee’s regular rate of pay as defined by the FLSA. The employee may elect to receive compensatory time off in lieu of pay. Only actual hours worked and the hours an employee is scheduled to E.5.a Packet Pg. 39 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 15 | P a g e work on a designated holiday will be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay. C. Non-Exempt Overtime. Non-exempt employees are not permitted to work overtime except as the department director authorizes or directs. Non-exempt employees directed to work overtime must do so. Working overtime without advance approval is grounds for discipline D. Notice. For planning purposes, the City will endeavor to provide seven (7) days’ notice of the need to work overtime to employees for non-emergency recurring events. A non-exempt employee may be required by the City to alter the start and/or end time of their workday up to four hours. ARTICLE 20 – SICK LEAVE BUY BACK A. Effective the first full pay period after May 1, 2024 or the first full payroll period after City Council approval of a tentative agreement and/or an MOU, whichever occurs later, Unit members may accrue not more than 560 hours of Sick Leave. B. By the final pay period of the fiscal year each year until June 30, 2027, Unit members that have accrued an excess of 480 hours of Sick Leave for that fiscal year shall be paid at their current hourly rate for any hours in excess of 480 hours. ARTICLE 21 – UNIFORMS A. Effective May 1, 2024, Unit members in classifications that require the Unit member to wear a specific uniform, shall receive a voucher of up to $400.00 per fiscal year for uniform-related expenses through a City-approved vendor. The City shall, in its sole discretion, determine eligibility standards for uniforms. B. Effective May 1, 2024, by July 1st and January 1st of every fiscal year for the Term of the MOU, Unit members in classifications that do not require the Unit member to wear a specific uniform, may select City-approved clothing items from a City- approved vendor to bear the City’s logo in an amount up to $150.00 per fiscal year. C. The City shall report to CalPERS the uniform allowance for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS. ARTICLE 22 – NO STRIKE/NO LOCKOUT PLEDGE A. Employee Organization Prohibited Conduct. The Union, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause, participate in, or condone any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. E.5.a Packet Pg. 40 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 16 | P a g e Taking joint action or joining other employee organizations to engage in such activity is included in this prohibition. A violation of this Section by any Unit member shall constitute a just cause for discipline up to and including termination under the City’s Personnel Rules. B. City Prohibited Conduct. The City agrees that it shall not lockout its employees during the term of this MOU. The term “lockout” is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this MOU or applicable ordinance or law. C. Employee Organization Responsibility. In the event that the Union, its officers, agents, representatives, and/or members engage in any of the conduct prohibited herein, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and require that all such persons immediately cease engaging in conduct prohibited in herein, and return to work. If the Union acts in good faith to meet its responsibilities as set forth above, then the Union, its officers, agents, representatives and its members shall not be liable for any damages for prohibited conduct engaged in by any Unit members who are covered by this MOU. D. City Rights. The City shall have the right to file an unfair practice charge through PERB or bring suit for damages, rescission of this MOU, and/or equitable relief in a court of competent jurisdiction for breach of this Article against the Union, its officers, agents, representatives, or members. ARTICLE 23 – DISCIPLINE PROCEDURES A. Causes for Discipline. Employees may be disciplined for, including but not limited to, any of the following causes of discipline: 1. Violation of any department rule, City policy or City regulation, ordinance or resolution; 2. Absence without authorized leave; 3. Excessive absenteeism and/or tardiness as defined by the employee’s department head, and/or these Policies; 4. Use of disability leave in a manner not authorized or provided for pursuant to the disability leave policy or other policies of the City; 5. Making any false statement, omission or misrepresentation of a material fact; E.5.a Packet Pg. 41 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 17 | P a g e 6. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining; employment; 7. Unsatisfactory job performance as documented in accordance with the City’s Employee Performance Evaluation policy in the City’s Personnel Rules; 8. Inefficiency as documented in accordance with the City’s Employee Performance Evaluation Policy in the City’s Personnel Rules; 9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions: the damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct; 10. Insubordination, or insulting or demeaning the authority of a supervisor or manager; 11. Dishonesty; 12. Theft; 13. Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity; 14. Misuse or unauthorized use of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, City vehicles or Intellectual Property; 15. Mishandling of public funds; 16. Falsifying any City record; 17. Discourteous treatment of the public or other employees as documented in accordance with the City’s Employee Performance Evaluation Policy in the City’s Personnel Rules; 18. Failure to cooperate with employee's supervisor or fellow employees; 19. Violation of the City’s Drug-Free Workplace Policy; 20. Violation of the City’s Policy Against Harassment, Discrimination and Retaliation; 21. Violation of the City’s Workplace Security Policy; E.5.a Packet Pg. 42 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 18 | P a g e 22. Unapproved outside employment or activity that violates the City’s policy, or other enterprise that constitutes a conflict of interest with service to the City; 23. Any conduct that impairs, disrupts or causes discredit to the City, the employee's City employment, to the public service, or other employee's employment; 24. Failure to comply with Cal-OSHA Safety Standards and City safety policies; 25. Altering, falsifying, and tampering with time records, or recording time on another employee's time record; or 26. Working overtime without prior authorization or refusing to work assigned overtime; 27. Carrying firearms or other dangerous weapons; and 28. Violations of Title XXII (for Child Care Employees). B. Types of Discipline. The following are types of discipline which the City may impose on all employees. 1. The following types of discipline are not subject to appeal or any due process protections: (a) Oral Reprimands - An oral reprimand should include the performance the employee is to take in the future and consequences for failure to correct the problem for which the employee is being warned. (b) Written Reprimand - In the event that an employee should need more than an Oral Reprimand, the employee may be issued a Written Reprimand through the filing of an Employee Warning/Incident Report. This report is placed in the employee's personnel file and a copy given to the employee with a complete statement regarding reason for such warning. A third warning given for the same reason constitutes cause for dismissal. A Written Reprimand may not be appealed under this policy, but dismissal is subject to appeal. (c) As used herein, oral and written reprimands include negative performance evaluations and performance improvement plans, and are not appealable or subject to any due process protections. E.5.a Packet Pg. 43 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 19 | P a g e 2. The following types of discipline are subject to prior written notice and may be appealed: (a) Suspension Without Pay - The City may suspend an employee from his/her position without pay for up to thirty (30) calendar days for cause. Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final. (b) Reduction in Pay - The City may reduce an employee’s pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (i) a decrease in salary to a lower step within the salary range, or (ii) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee’s personnel file when the reduction in pay is final. 3. Demotion - The City may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee’s personnel file when the demotion is final. 4. Dismissal - The City may dismiss an employee from his or her position for cause. Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. C. Discipline Procedures. The following discipline procedures shall not apply to the City’s at-will employees. In addition, all probationary employees are at-will. Accordingly, at-will employees may be terminated with or without cause and with or without advance notice. 1. The following discipline procedure shall only apply in the case of a disciplinary action of suspension without pay, reduction in pay, demotion or dismissal. (a) Pre-Disciplinary “Skellv” Notice to Employee - Written notice of the intended action shall be given to the employee setting forth the following information: (b) Grounds for discipline; (c) Act or omission giving rise to intended discipline; (d) Effective date for intended discipline; E.5.a Packet Pg. 44 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 20 | P a g e (e) All documents or records considered in proposing the intended discipline; (f) The time and date by which the employee can respond; and (g) Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to the final discipline being imposed. 2. Response by Employee and Skelly Meeting - If the employee requests a meeting to respond orally to the charge(s), the disciplining authority shall conduct an informal meeting with the employee, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances or materials. The disciplining authority will consider the employee’s presentation before taking any final disciplinary action. 3. Final Notice of Discipline to Employee - In the case of disciplinary action of suspension, reduction in pay, demotion or dismissal, the disciplining authority shall issue a final notice of discipline to be implemented which shall include where appropriate: (a) the level of discipline to be imposed and the effective date of the discipline; (b) the specific charges upon which the discipline is based, including the act or omission giving rise to the discipline; (c) all documents or records upon which the discipline is based not previously provided; and (d) a statement of the nature of the employee’s right to appeal. 4. Discipline Appeal Procedures - The following discipline appeal procedures shall not apply to the City’s at-will employees. Accordingly, at-will employees may be terminated with or without cause and with or without advance notice. (a) The following discipline appeal procedure shall only apply in the case of a disciplinary action of suspension without pay, reduction in pay, demotion, or dismissal. (b) Request for Appeal Hearing - An employee who receives a final notice of discipline shall have ten (10) working days from receipt of the notice, to file with the City Manager a written request signed by the employee for an appeal hearing stating the grounds for the appeal. Failure to file such a request within the aforementioned time E.5.a Packet Pg. 45 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 21 | P a g e frame will result in the employee having waived his/her right to an appeal hearing and appeal of the discipline. (c) Hearing Officer - The appeal hearing officer shall be the City Manager or his or her designee. (i) In cases where the City Manager is the disciplining authority, the City Manager shall not be the appeal hearing officer nor shall the City Manager participate in the designation of the hearing officer. In such cases, the City Council shall designate the hearing officer. (d) Hearing Date - After the selection of a hearing officer, a date shall be selected by the hearing officer for the hearing. The employee shall be notified in writing at least ten (10) working days prior to the hearing of the scheduled date. (e) Prehearing Notice of Witnesses - Five (5) working days prior to a hearing, each party shall identify to the opposing party all witnesses and documents which the party disclosing the information intends to use at the hearing. Failure to disclose a witness or document shall require its exclusion from the hearing. (f) Hearing Closed - The hearing shall be a closed hearing unless the employee requests in writing five (5) working days prior to the hearing that the hearing be open to the public. (g) Record of Hearing - The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. (h) Subpoenas - Upon the request of either party, and upon his/her own motion, the hearing officer shall have the power to issue subpoenas to compel attendance at any disciplinary appeal hearing. Each party is responsible for serving his/her own subpoenas. The appealing employee shall not be required to subpoena City employees, but rather must provide five (5) days’ notice before the hearing begins to the hearing officer of the request to have the employees appear. (i) Employee Appearance - The employee shall appear personally before the hearing officer at the time and place set for the disciplinary appeal hearing. The employee may be represented by any person he or she may select. 5. Conduct at the Hearing (a) All testimony shall be by oath or affirmation. E.5.a Packet Pg. 46 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 22 | P a g e (b) The conduct and decorum of the hearing shall be under the control of the hearing officer. (c) Direct and cross-examination of witnesses shall be permitted. (d) Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determining the truth. (e) The quantum of proof to be applied by the hearing officer shall be a preponderance of the evidence. (f) The hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these rules or City Council resolution bearing upon the matter. 6. Decision - Within forty-five (45) days of the conclusion of the hearing, the hearing officer shall make findings and a final administrative decision with reference to the discipline imposed. In doing so, the hearing officer’s findings and recommendations must address all charges, and shall articulate reasoning which bridges the analytical gap between the evidence and the findings/recommendations. (a) The decision of the hearing officer is final except for judicial review pursuant to Code of Civil Procedure §1094.5. There is no process for reconsideration. (b) A copy of the decision shall be sent by mail method that verifies delivery to the last known address of the employee. It shall be the responsibility of the employee to inform the City of his/her address. D. Challenge by Writ. Pursuant to Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the City’s decision on the appeal to the Superior Court in and for the County of San Bernardino. ARTICLE 24 – GRIEVANCE PROCEDURES A. Grievance. A grievance is an alleged violation of a specific provision of this MOU, or the City’s Personnel Rules, but shall not apply to any forms of discipline or disciplinary appeal. B. Step I: Informal Discussion with Supervisor. The employee shall, within ten (10) working days of the event or action being grieved, or by reasonable diligence should have known of the condition upon which a grievance may be based, first attempt to resolve the grievance informally through discussion with his/her E.5.a Packet Pg. 47 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 23 | P a g e immediate supervisor in order to, in good faith, endeavor to clarify the matter expeditiously and informally at the employee-supervisor level. C. Step II: Department Head. If the employee believes that the grievance has not been resolved through Step I, the employee may file written grievance with his/her Department Head. Such appeal must be filed within ten (10) working days of when the informal discussion took place between the employee and his or her supervisor. The grievance must provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant. The Department Head shall consider and discuss the grievance with the grievant and the grievant’ s designated representative as he/she deems appropriate, and shall, within fifteen (15) working days of receipt of the written grievance, submit his/her decision in writing to the grievant. D. Step III: City Manager. If the employee believes that the grievance has not been resolved through Step II, the employee may appeal the grievance decision of the Department Head with the City Manager within ten (10) working days of the Department Head response or, in the absence of such response, within ten (10) working days of the expiration of the time within which the Department head is required to provide a response. The appeal must be in writing and provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant. The City Manager shall consider and discuss the grievance with the grievant and the grievant’s designated representative as he/she deems appropriate, and shall, within ten (10) calendar days of receipt of the written grievance, submit his/her decision in writing to the grievant. The decision of the City Manager shall be final. E. Time Limits. Failure of the City to comply with the time limits of the grievance procedure specified above shall be deemed a denial of the grievance by the City and entitle the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedure specified above shall terminate the grievance and constitute a waiver and abandonment of the grievance by the employee. The parties may extend time limits by mutual written agreement in advance of the time limit deadline. F. Representation. An employee may request representation of his or her choice at any stage of the grievance procedure. 1. The grievant and designated representative shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation. 2. The only limit on the grievant's representation is that there may be only one other person from the bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of City business. E.5.a Packet Pg. 48 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 24 | P a g e G. Self-Representation. In the event a grievant elects to exercise the right to self- representation, and objects to the attendance of a representative, such individuals shall be excluded; provided, however, representatives of the Union will have certain rights of access to the records of the grievance proceeding. This right of access is provided in recognition of the Union's interest in effective representation of its members. 1. Accordingly, the City of Grand Terrace shall provide the Union access to: (a) Information concerning the nature of the grievance. (b) Any procedures utilized during the course of the grievance proceeding. (c) The results of the grievance proceeding, including any discipline imposed. 2. However, in order to recognize the personal privacy interests of employees, the City shall delete from the grievance record: (a) The name of the employee filing the grievance. (b) The employee's social security number, address, and telephone number. (c) Any other personal information protected under right of privacy. H. Freedom From Reprisal. No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with his or her immediate supervisor, or for the good faith filing of a grievance. ARTICLE 25 – CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING The parties acknowledge that during the negotiations which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. The understandings arrived at after the exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and Teamsters with respect to wages, hours, and other terms and conditions of employment as expressed in this MOU. Accordingly, all wages, hours, and other terms and conditions of employment in this MOU shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement, re-negotiate any part or provisions of this MOU during its term. Additionally, in the event of a natural disaster or significant economic downturn for the City, both parties agree to meet and confer to discuss the terms of this MOU. Any changes to the existing MOU must be mutually agreed to by the City and Teamsters. E.5.a Packet Pg. 49 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 25 | P a g e Any prior existing Memoranda of Understanding between the parties regarding matters within the scope of this MOU are hereby superseded and terminated in their entirety. ARTICLE 26 – SAVINGS CLAUSE Should any portion, word, clause, phrase, sentence, paragraph, or provision of this MOU be declared void or unenforceable by a court of competent jurisdiction, such portion shall be considered independent and severable from the remainder of this MOU, the validity of which shall remain unaffected. [SIGNATURES ON NEXT PAGE] E.5.a Packet Pg. 50 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) 01247.0023/976547.1 26 | P a g e It is agreed this MOU shall not be binding upon the parties, either in whole or in part, unless and until ratified by Teamsters and executed by its representatives along with City labor representatives and then approved and adopted by the City of Grand Terrace City Council. CITY OF GRAND TERRACE TEAMSTERS LOCAL 1932 ___________________________ ___________________________ Konrad Bolowich Juan Delgado City Manager Business Agent ___________________________ ___________________________ Christine Clayton Vickie Thompson Director of Finance Employee Steward ____________________________ ____________________________ Yecenia Vargas Ruben Montano City Labor Attorney Employee Steward E.5.a Packet Pg. 51 At t a c h m e n t : G r a n d T e r r a c e - T e a m s t e r s L o c a l 1 9 3 2 M O U 2 0 2 4 - 2 7 ( D r a f t ) ( 9 7 6 5 4 7 . 1 ) ( T e a m s t e r s 1 9 3 2 M O U ) MOU Wage Scales Maintenance Worker I A B C D E 10y 15y 20y Y1 19.92995 20.92645 21.97277 23.07141 24.22498 25.43623 26.70804 28.04344 Y2 20.96631 22.01462 23.11535 24.27112 25.48468 26.75891 28.09686 29.5017 Y3 22.01462 23.11535 24.27112 25.48468 26.75891 28.09686 29.5017 30.97679 Maintenance Worker II A B C D E 10y 15y 20y Y1 23.07141 24.22498 25.43623 26.70804 28.04344 29.44561 30.91789 32.46379 Y2 24.27112 25.48468 26.75891 28.09686 29.5017 30.97679 32.52563 34.15191 Y3 25.48468 26.75891 28.09686 29.5017 30.97679 32.52563 34.15191 35.8595 Maintenance Crew Lead A B C D E 10y 15y 20y Y1 26.71 28.0455 29.44778 30.92016 32.46617 34.08948 35.79395 37.58365 Y2 28.09892 29.50387 30.97906 32.52801 34.15441 35.86213 37.65524 39.538 Y3 29.50387 30.97906 32.52801 34.15441 35.86213 37.65524 39.538 41.5149 Senior Maintenance Crew Lead A B C D E 10y 15y 20y Y1 32.53 34.1565 35.86433 37.65754 39.54042 41.51744 43.59331 45.77298 Y2 34.22156 35.93264 37.72927 39.61573 41.59652 43.67635 45.86016 48.15317 Y3 35.93264 37.72927 39.61573 41.59652 43.67635 45.86016 48.15317 50.56083 Senior Civil Engineer A B C D E 10y 15y 20y Y1 47.35616 49.72397 52.21017 54.82068 57.56171 60.4398 63.46179 66.63487 Y2 49.81868 52.30962 54.9251 57.67135 60.55492 63.58267 66.7618 70.09989 Y3 52.30962 54.9251 57.67135 60.55492 63.58267 66.7618 70.09989 73.60488 Public Works Director/City Engineer A B C D E 10y 15y 20y Y1 63.63037 66.81189 70.15248 73.6601 77.34311 81.21027 85.27078 89.53432 Y2 66.93915 70.2861 73.80041 77.49043 81.36495 85.4332 89.70486 94.1901 Y3 70.2861 73.80041 77.49043 81.36495 85.4332 89.70486 94.1901 98.89961 Finance Technician A B C D E 10y 15y 20y Y1 19.88933 20.88379 21.92798 23.02438 24.1756 25.38438 26.6536 27.98628 Y2 20.92357 21.96975 23.06824 24.22165 25.43273 26.70437 28.03959 29.44157 Y3 21.96975 23.06824 24.22165 25.43273 26.70437 28.03959 29.44157 30.91365 E.5.b Packet Pg. 52 At t a c h m e n t : M O U W a g e S c a l e s ( T e a m s t e r s 1 9 3 2 M O U ) Senior Finance Technician A B C D E 10y 15y 20y Y1 23.54163 24.71871 25.95465 27.25238 28.615 30.04575 31.54804 33.12544 Y2 24.76579 26.00408 27.30429 28.6695 30.10298 31.60813 33.18853 34.84796 Y3 26.00408 27.30429 28.6695 30.10298 31.60813 33.18853 34.84796 36.59036 Principal Accountant A B C D E 10y 15y 20y Y1 32 33.6 35.28 37.044 38.8962 40.84101 42.88306 45.02721 Y2 33.664 35.3472 37.11456 38.97029 40.9188 42.96474 45.11298 47.36863 Y3 35.3472 37.11456 38.97029 40.9188 42.96474 45.11298 47.36863 49.73706 Senior Accountant A B C D E 10y 15y 20y Y1 33.69376 35.37845 37.14737 39.00474 40.95498 43.00273 45.15286 47.41051 Y2 35.44584 37.21813 39.07904 41.03299 43.08464 45.23887 47.50081 49.87585 Y3 37.21813 39.07904 41.03299 43.08464 45.23887 47.50081 49.87585 52.36965 Finance/Accounting Manager A B C D E 10y 15y 20y Y1 45.24398 47.50617 49.88148 52.37556 54.99433 57.74405 60.63125 63.66282 Y2 47.59666 49.97649 52.47532 55.09909 57.85404 60.74674 63.78408 66.97328 Y3 49.97649 52.47532 55.09909 57.85404 60.74674 63.78408 66.97328 70.32195 Finance Director A B C D E 10y 15y 20y Y1 66.36136 69.67943 73.1634 76.82157 80.66265 84.69578 88.93057 93.3771 Y2 69.81215 73.30276 76.9679 80.81629 84.8571 89.09996 93.55496 98.23271 Y3 73.30276 76.9679 80.81629 84.8571 89.09996 93.55496 98.23271 103.1443 Office Specialist A B C D E 10y 15y 20y Y1 19.47085 20.44439 21.46661 22.53994 23.66694 24.85028 26.0928 27.39744 Y2 20.48333 21.5075 22.58287 23.71202 24.89762 26.1425 27.44962 28.8221 Y3 21.5075 22.58287 23.71202 24.89762 26.1425 27.44962 28.8221 30.26321 Department Secretary A B C D E 10y 15y 20y Y1 22.54 23.667 24.85035 26.09287 27.39751 28.76739 30.20576 31.71604 Y2 23.71208 24.89768 26.14257 27.4497 28.82218 30.26329 31.77646 33.36528 Y3 24.89768 26.14257 27.4497 28.82218 30.26329 31.77646 33.36528 35.03354 Executive Assistant E.5.b Packet Pg. 53 At t a c h m e n t : M O U W a g e S c a l e s ( T e a m s t e r s 1 9 3 2 M O U ) A B C D E 10y 15y 20y Y1 26.41808 27.73899 29.12594 30.58223 32.11135 33.71691 35.40276 37.1729 Y2 27.79182 29.18142 30.64049 32.17251 33.78114 35.47019 37.2437 39.10589 Y3 29.18142 30.64049 32.17251 33.78114 35.47019 37.2437 39.10589 41.06118 Assistant to the City Manager A B C D E 10y 15y 20y Y1 35.4546 37.22733 39.0887 41.04313 43.09529 45.25005 47.51255 49.88818 Y2 37.29824 39.16315 41.12131 43.17737 45.33624 47.60306 49.98321 52.48237 Y3 39.16315 41.12131 43.17737 45.33624 47.60306 49.98321 52.48237 55.10649 Management Analyst A B C D E 10y 15y 20y Y1 33.6 35.28 37.044 38.8962 40.84101 42.88306 45.02721 47.27857 Y2 35.3472 37.11456 38.97029 40.9188 42.96474 45.11298 47.36863 49.73706 Y3 37.11456 38.97029 40.9188 42.96474 45.11298 47.36863 49.73706 52.22391 Senior Management Analyst A B C D E 10y 15y 20y Y1 38.9 40.845 42.88725 45.03161 47.28319 49.64735 52.12972 54.73621 Y2 40.9228 42.96894 45.11739 47.37326 49.74192 52.22902 54.84047 57.58249 Y3 42.96894 45.11739 47.37326 49.74192 52.22902 54.84047 57.58249 60.46161 Building Permit Technician A B C D E 10y 15y 20y Y1 25.4435 26.71567 28.05145 29.45403 30.92673 32.47306 34.09672 35.80155 Y2 26.76656 28.10488 29.51013 30.98564 32.53492 34.16166 35.86975 37.66323 Y3 28.10488 29.51013 30.98564 32.53492 34.16166 35.86975 37.66323 39.54639 Building Official A B C D E 10y 15y 20y Y1 47.68349 50.06766 52.57104 55.19959 57.95957 60.85755 63.90043 67.09545 Y2 50.16303 52.67118 55.30474 58.06997 60.97347 64.02215 67.22325 70.58442 Y3 52.67118 55.30474 58.06997 60.97347 64.02215 67.22325 70.58442 74.11364 Code Enforcement - Animal Control Officer A B C D E 10y 15y 20y Y1 27.4974 28.87227 30.31588 31.83168 33.42326 35.09442 36.84915 38.6916 Y2 28.92726 30.37363 31.89231 33.48692 35.16127 36.91933 38.7653 40.70357 Y3 30.37363 31.89231 33.48692 35.16127 36.91933 38.7653 40.70357 42.73874 Senior Code Enforcement - Animal Control Officer A B C D E 10y 15y 20y Y1 31.83 33.4215 35.09258 36.8472 38.68956 40.62404 42.65524 44.78801 E.5.b Packet Pg. 54 At t a c h m e n t : M O U W a g e S c a l e s ( T e a m s t e r s 1 9 3 2 M O U ) Y2 33.48516 35.15942 36.91739 38.76326 40.70142 42.73649 44.87332 47.11698 Y3 35.15942 36.91739 38.76326 40.70142 42.73649 44.87332 47.11698 49.47283 Planning Technician A B C D E 10y 15y 20y Y1 25.13703 26.39388 27.71357 29.09925 30.55421 32.08192 33.68602 35.37032 Y2 26.44415 27.76636 29.15468 30.61241 32.14303 33.75018 35.43769 37.20958 Y3 27.76636 29.15468 30.61241 32.14303 33.75018 35.43769 37.20958 39.07005 Assistant Planner A B C D E 10y 15y 20y Y1 29.1 30.555 32.08275 33.68689 35.37123 37.13979 38.99678 40.94662 Y2 30.6132 32.14386 33.75105 35.43861 37.21054 39.07106 41.02462 43.07585 Y3 32.14386 33.75105 35.43861 37.21054 39.07106 41.02462 43.07585 45.22964 Associate Planner A B C D E 10y 15y 20y Y1 33.69 35.3745 37.14323 39.00039 40.95041 42.99793 45.14782 47.40521 Y2 35.44188 37.21397 39.07467 41.02841 43.07983 45.23382 47.49551 49.87028 Y3 37.21397 39.07467 41.02841 43.07983 45.23382 47.49551 49.87028 52.3638 Senior Planner A B C D E 10y 15y 20y Y1 41.12848 43.1849 45.34415 47.61135 49.99192 52.49152 55.11609 57.8719 Y2 43.26716 45.43052 47.70204 50.08714 52.5915 55.22108 57.98213 60.88124 Y3 45.43052 47.70204 50.08714 52.5915 55.22108 57.98213 60.88124 63.9253 Planning Director A B C D E 10y 15y 20y Y1 64.98577 68.23506 71.64681 75.22915 78.99061 82.94014 87.08714 91.4415 Y2 68.36503 71.78328 75.37244 79.14107 83.09812 87.25302 91.61568 96.19646 Y3 71.78328 75.37244 79.14107 83.09812 87.25302 91.61568 96.19646 101.0063 Bus Driver A B C D E 10y 15y 20y Y1 21.296 22.3608 23.47884 24.65278 25.88542 27.17969 28.53868 29.96561 Y2 22.40339 23.52356 24.69974 25.93473 27.23146 28.59304 30.02269 31.52382 Y3 23.52356 24.69974 25.93473 27.23146 28.59304 30.02269 31.52382 33.10001 City Clerk A B C D E 10y 15y 20y Y1 45.24398 47.50617 49.88148 52.37556 54.99433 57.74405 60.63125 63.66282 Y2 47.59666 49.97649 52.47532 55.09909 57.85404 60.74674 63.78408 66.97328 Y3 49.97649 52.47532 55.09909 57.85404 60.74674 63.78408 66.97328 70.32195 E.5.b Packet Pg. 55 At t a c h m e n t : M O U W a g e S c a l e s ( T e a m s t e r s 1 9 3 2 M O U ) Assistant City Manager A B C D E 10y 15y 20y Y1 75.37147 79.14004 83.09704 87.25189 91.61449 96.19521 101.005 106.0552 Y2 79.29078 83.25532 87.41809 91.78899 96.37844 101.1974 106.2572 111.5701 Y3 83.25532 87.41809 91.78899 96.37844 101.1974 106.2572 111.5701 117.1486 Eliminated Positions Reason Financial Analyst Duplicative Budget Officer Replaced by software Office Assistant Duplicative Human Resources Analyst Duplicative Human Resources Technician Duplicative Code Enforcement Specialist Duplicative Code Enforcement - Animal Ctrl Sp Duplicative Community Development Director Duplicative E.5.b Packet Pg. 56 At t a c h m e n t : M O U W a g e S c a l e s ( T e a m s t e r s 1 9 3 2 M O U ) CC Reso No. 2024-xx Page 1 of 2 April 23, 2024 RESOLUTION NO. 2024-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ACCEPTING AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND TEAMSTERS LOCAL 1932, FOR THE PERIOD OF MAY 1, 2024 THROUGH JUNE 30, 2027 WHEREAS, the City of Grand Terrace (“City”) has, and continues to, recognize the Teamsters Local Union No. 1932 (“Teamsters”), as the sole exclusive employee organization for the City’s represented employees including all permanent and full-time employees, and excluding all management, confidential, and supervisory employees; all part-time, temporary, and at-will probationary employees; all retired annuitants; and the classifications of Assistant Planner, Principal Accountant, and Management Analyst, for all matters concerning wages, hours and working conditions; and WHEREAS, the current Memorandum of Understanding between the City and Teamsters, effective July 1, 2021 through June 30, 2024, expires on June 30, 2024 (“MOU 2021-2024”); and WHEREAS, on February 12, 2024, Teamsters requested for the City to commence the meet and confer process with Teamsters for a successor memorandum of understanding; and WHEREAS, the City and Teamsters bargaining representatives began negotiating for a comprehensive successor memorandum of understanding (“MOU”) pursuant to the Meyers-Milias Brown Act (“MMBA”), codified at Government Code section 3500 et seq.; and WHEREAS, the City and Teamsters representatives met and conferred in good faith on wages, hours, and other terms and conditions of employment for the Miscellaneous Bargaining Unit and reached a Tentative Agreement for a Memorandum of Understanding (“Tentative Agreement”) for the period of May 1, 2024 through June 30, 2027; and WHEREAS, on April 17, 2024, Teamsters ratified the Tentative Agreement by a vote of its membership and Teamsters representatives have executed the same; and WHEREAS, the City and Teamsters representatives met and conferred in good faith and jointly prepared a written memorandum of understanding covering the period May 1, 2024 through June 30, 2027 (“MOU”), subject to City Council approval; and WHEREAS, once approved by the governing body of a local agency, such as the City, the MOU becomes a binding agreement between the employee organization and the local agency; and E.5.c Packet Pg. 57 At t a c h m e n t : 2 0 2 4 - x x - T e a m s t e r s 1 9 3 2 M O U M a y 1 2 0 2 4 t h r o u g h J u n e 3 0 2 0 2 7 ( T e a m s t e r s 1 9 3 2 M O U ) CC Reso No. 2024-xx Page 2 of 2 April 23, 2024 WHEREAS, the City Council now desires to accept, adopt, approve and implement the MOU between the City and Teamsters for the period of May 1, 2024 through June 30, 2027. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby accepts, adopts, approves and implements the Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932, for the period of May 1, 2024 through June 30, 2027, a copy of which is attached hereto as Exhibit A. SECTION 3. The City Manager is hereby authorized and directed to execute the Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932, for the period of May 1, 2024 through June 30, 2027. SECTION 4. This Resolution shall be effective as of the day that it is adopted. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 23rd day of April, 2024. ___________________________ Bill Hussey, Mayor ATTEST: ___________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: __________________________________ Adrian Guerra City Attorney E.5.c Packet Pg. 58 At t a c h m e n t : 2 0 2 4 - x x - T e a m s t e r s 1 9 3 2 M O U M a y 1 2 0 2 4 t h r o u g h J u n e 3 0 2 0 2 7 ( T e a m s t e r s 1 9 3 2 M O U ) AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Annual Housing Element Progress Report for 2023 PRESENTED BY: Scott Hutter, Planning & Development Services Director RECOMMENDATION: THAT THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, ADOPT A RESOLUTION RECEIVING AND FILING THE CITY OF GRAND TERRACE GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2023 CALENDAR YEAR 2030 VISION STATEMENT: A compliant Housing Element supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote Economic Development by providing an internally consistent General Plan. BACKGROUND: Pursuant to California Government Code Section 65400, local jurisdictions are required to provide an Annual General Plan and Housing Element Progress Report (APR) to the California Department of Housing and Community Development (HCD) and to the Governor's Office of Planning and Research (OPR) annually. The APR describes the status of the Housing Element programs, housing production, and progress towards the Regional Housing Needs Allocation (RHNA) for the prior calendar year (2022). State law requires every city to update the Housing Element of their General Plan every eight years. HCD refers to each eight-year planning period as a “cycle”. The City’s Housing Element that covered the 2013-2021 planning period (RHNA Cycle 5) was adopted by the City Council on September 27, 2016, and certified by the Department of Housing and Community Development (HCD) as being in full compliance with state law in 2016. The City’s Housing Element that will cover the 2021-2029 planning period (RHNA Cycle 6) is currently in the process of being updated. Attached for City Council review is the APR for calendar year 2023. The APR has been prepared in the standardized format provided by HCD for annual reporting. DISCUSSION: Housing Production The APR contains the total number of units constructed and the progress in E.6 Packet Pg. 59 implementation of the City’s Housing Programs. As identified in the APR provided as EXHIBIT A to Attachment 1 of this agenda staff report, a total of one (1) new residential unit was completed and obtained Certificate of Occupancy in 2023. RHNA Target Summary and APR A key component of the APR is to track progress towards meeting the assigned RHNA for each municipality in the State. The 6th Cycle RHNA allocated to the city 630 new housing units as its fair share of the total number of units needed to meet forecasted population growth in the SCAG region. Of these units, 189 are required to be affordable for those with very-low incomes, 92 affordable for those with low-incomes, 106 for those with moderate incomes, with 243 above-moderate units. The allocation of units, and the City’s current progress toward achieving its RHNA targets is below: Grand Terrace 6th Cycle Regional Housing Needs Allocation and Progress Income Level RHNA UNITS 2021 Built 2022 Built 2023 Built Very Low 189 - - 0 Low 92 - - 0 Moderate 106 - - 0 Above Moderate 243 1 1 1 Total 630 3 Source: SCAG 6th Cycle RHNA Final Allocation Plan As required by HCD, the APR form is standardized and includes reports on various housing and affordability targets. The following is a summary of the City’s completed APR for the 2023 calendar year. • Table A includes new housing units by income level for which a discretionary application has been submitted and deemed complete during calendar year 2023. o A total of seven (7) units are reported in this category, consisting of seven (7) above-moderate units. • Table A2 includes net new housing units by income level category that have received an entitlement (meaning approved by the City), a building permit, or a certificate of occupancy during the 2023 calendar year. o During calendar year 2023, the City issued building permits for one (1) new housing unit, consisting of one ADU. o During calendar year 2023, the City issued a Certificate of Occupancy for one new housing unit, consisting of one ADU. • Table B summarizes RHNA progress by affordability level for the 2021-2029 E.6 Packet Pg. 60 planning period. o Three (3) units reported in this category, consisting of three above- moderate income units. • Table C includes sites identified or rezoned to accommodate shortfall of housing sites from the previous planning period, to meet a shortfall of sites noted in the Housing Element, or to provide additional sites required by no net loss law under Government Section 65863. If applicable, this data would serve as an addendum to the sites inventory in the adopted Housing Element. o The City did not report any additional sites. • Table D contains the Housing Programs Progress Report and describes the progress of all housing programs contained in the Housing Element of the General Plan for the 2023 calendar year. • Table E includes commercial development bonuses approved by the City during the 2023 calendar year. o No units reported. • Table F includes units rehabilitated, preserved, and acquired for alternative adequate site during the 2023 calendar year. o No units reported. • Table F2 includes above-moderate income units converted to moderate income units pursuant to Government Code section 65400.2. o No units reported. • Table G includes locally-owned lands included in the Housing Element sites inventory that have been sold, leased or otherwise disposed of during the 2023 calendar year. o No sites reported. • Table H includes all locally owned or controlled lands declared Surplus pursuant to Government Code section 54221 or identified as Excess pursuant to Government Code section 50569. o Two vacant land property APN's: 1167-231-10-0000 and 1167-231-22- 0000 were declared surplus land. • Table I includes all units constructed pursuant to Government Code section 65852.21 and applications for lot splits pursuant to Government Code section E.6 Packet Pg. 61 66411.7 (SB 9). o No sites reported. • Table J includes student housing developments for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Government Code section 65915. o No sites reported. • Table K includes a table for tenant preference policies that are required to be reported to the Housing and Community Development Department when submitting the annual progress report under Government Code 7061(SB 649,2022,Cortese). o The City of Grand Terrace did not adopt any tenant preference policies during the 2023 reporting period. • LEAP Reporting o This table requires jurisdictions that have received the Local Early Action Planning (LEAP) grant from the HCD to provide progress update on planning efforts for housing production. On June 9, 2020, the City applied for LEAP grant funding in the amount of $65,000 and executed an agreement with the California Department of Housing and Community Development for the preparation and adoption of the city’s Housing Element Update for the 2021-2029 6th cycle period. On March 18, 2024, the City signed and transmitted the extension documents for the LEAP Grant to ensure the full amount will be available for the Housing Element Update. The APR is attached to this agenda staff report for reference. Staff recommends that the City Council receive and file the APR for calendar year 2023. Planning staff shall forward the report to the California Department of Housing and Community Development (HCD) and to the Governor's Office of Planning and Research (OPR) as required by California Government Code Section 65400. FISCAL IMPACT: There is no fiscal impact to the General Fund. ATTACHMENTS: • Attachment 1 Resolution 2023 APR (DOCX) • Attachment 1 Exhibit A housing-element-annual-progress-report(PDF) E.6 Packet Pg. 62 APPROVALS: Scott Hutter Completed 04/16/2024 8:36 AM Finance Completed 04/18/2024 11:23 AM City Manager Completed 04/18/2024 11:26 AM City Council Pending 04/23/2024 6:00 PM E.6 Packet Pg. 63 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2023 CALENDAR YEAR Recitals WHEREAS, California Government Code Section 65400(a)(2) requires each of planning agency to provide an annual progress report to the City Council, the State Office of Planning and Research, and the California Department of Housing and Community Development (HCD) regarding progress toward implementation of the housing element of the general plan; and WHEREAS, an annual progress report for the 2023 calendar year has been prepared by the City of Grand Terrace, utilizing prescribed forms and instructions provided by HCD; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows: 1. The City Council hereby specifically finds that the facts set forth in the above Recitals are true and correct. 2. The City Council hereby receives and accepts the 2023 Annual Progress Report on the General Plan and Housing Element (Housing Element Annual Progress Report Form 2023) (“Report”) prepared by the City as set forth in the corresponding staff report and which is attached hereto as Exhibit “A”. 3. The City Council hereby directs that the Report be forwarded to the State Office of Planning Research and HCD pursuant to California Government Code Section 65400(a)(2). PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 23rd day of April 2024. _____________________________ Bill Hussey Mayor E.6.a Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t 1 R e s o l u t i o n 2 0 2 3 A P R ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) ATTEST: _____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: _____________________________ Adrian R. Guerra City Attorney E.6.a Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t 1 R e s o l u t i o n 2 0 2 3 A P R ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisidiction Name Reporting Calendar Year First Name Last Name Title Click here to download APR Instructions Email Phone Street Address City Zipcode v_2_15_24 Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d. 22795 Barton Road Grand Terrace 92313 Scott Hutter Planning and DevelopmentServices Director Shutter@grandterrace-ca.gov 9099545177 Mailing Address Please Start Here General Information 2023 Grand Terrace Contact Information Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d. Annual Progress Report January 2020 E.6.b Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error. Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened. Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year. Link to the online system:https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules. Submittal Instructions Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs: 1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email APR@hcd.ca.gov and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is opr.apr@opr.ca.gov. 2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at APR@hcd.ca.gov and to OPR at opr.apr@opr.ca.gov. Please send the Excel workbook, not a scanned or PDF copy of the tables. E.6.b Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisdiction Grand Terrace Reporting Year 2023 Housing Element Planning Period 6th Cycle Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0Non-Deed Restricted 0 Deed Restricted 0Non-Deed Restricted 0 1 1 Units by Structure Type Entitled Permitted Completed Single-family Attached 1 0 0 Single-family Detached 1 0 0 2 to 4 units per structure 0 0 0 5+ units per structure 0 0 0 Accessory Dwelling Unit 4 1 1 Mobile/Manufactured Home 0 0 0 Total 6 1 1 Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0 0 0 7 7 7 0 0 0 Income Rental Ownership Total Very Low 0 0 0 Low 0 0 0 Moderate 0 0 0Above Moderate 0 0 0 Total 0 0 0 Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0 SB 9 (2021) - Residential Lot Split 0 0 AB 2011 (2022)0 0 SB 6 (2022)0 0 SB 35 (2017)0 0 Ministerial and Discretionary Applications Applications Units Ministerial 5 5Discretionary22 Density Bonus Applications and Units Permitted Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0 Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 23 0 Programs Implemented Sites Rezoned to Accommodate the RHNA (Jan. 1 - Dec. 31) 10/15/2021 - 10/15/2029 Units Constructed - SB 35 Streamlining Permits Number of SB 35 Streamlining Applications Approved Very Low Low Moderate Total Housing Applications Submitted: Number of Proposed Units in All Applications Received: Total Housing Units Approved: Total Housing Units Disapproved: Total Units Housing Applications Summary Use of SB 35 Streamlining Provisions - Applications Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications Above Moderate Indicated as Infill Not Indicated as Infill Building Permits Issued by Affordability Summary Income Level E.6.b Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date Application Submitted Total Approved Units by Project Total Disapproved Units by Project Streamlining 2 3 4 6 7 8 9 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category(SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=RenterO=Owner Date Application Submitted(see instructions) Very Low-Income Deed Restricted Very Low-Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate-Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate-Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select streamlining provision/s the application was submitted pursuant to. Did the housing development application seek incentives or concessions pursuant to Government Code section 65915? Summary Row: Start Data Entry Below 0 0 0 0 0 0 7 7 7 00276-431-11 0276-431-11 N/A SA23-21 SFD O 8/9/2023 1 1 1 NONE No0276-431-13 0276-431-13 N/A SA23-22 SFD O 8/9/2023 1 1 1 NONE No1167-251-29 1167-251-29 12364 Pascal Avenue ASA23-01 ADU O 2/1/2023 1 1 1 NONE No 0276-20-45 0276-20-45 12026 Preston Avenue ASA23-02 ADU O 4/20/2023 1 1 1 NONE No 0275-211-58 0275-211-58 21910 Vivienda Ave ASA23-03 ADU O 4/25/2023 1 1 1 NONE No 1178-201-09 1178-201-09 12740 Wilmac Avenue ASA23-05 ADU O 7/7/2023 1 1 1 NONE No 0276-431-12 0276-431-12 22922 Grand Terrace Road ASA23-07 ADU O 8/9/2023 1 1 1 NONE No 000000000000000000000000000 Table A Cells in grey contain auto-calculation formulas 51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica 10 Housing Development Applications Submitted E.6.b Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORTReporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle Table A2 Streamlining Infill Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction Notes 2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) TenureR=RenterO=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed RestrictedLow- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate-Income EntitlementDate Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate-Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate-Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units?Y/N+Assistance Programs for Each Development(may select multiple - see instructions) Deed Restriction Type(may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroyed Units Demolished or Destroyed UnitsDemolished/Destroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other Incentives, Concessions, W aivers, or Other Modifications Given to the Project (Excluding Parking W aivers or Parking Reductions) List the incentives, concessions, waivers, and modifications (Excluding Parking W aivers or Parking Modifications) Did the project receive a reduction or waiver of parking standards? (Y/N)Notes+ Summary Row: Start Data Entry Below 0 0 0 0 0 0 6 6 0 0 0 0 0 0 1 1 0 0 0 0 0 0 1 1 0 00276-202-59 0276-202-59 22756 Palm Avenue SA 21-03 SFA O 1 7/20/2023 1 0 00276-251-23,24,25 0276-251-23,24,25 23196 Glendora Drive SA 22-19 SFD O 1 9/7/2023 1 0 01167-251-29 1167-251-29 12364 Pascal Avenue ASA23-01 ADU O 1 3/14/2023 1 1 4/24/2023 1 1 10/9/2023 10276-20-45 0276-20-45 12026 Preston Avenue ASA23-02 ADU O 1 11/22/2023 1 0 00275-211-58 0275-211-58 21910 Vivienda Ave ASA23-03 ADU O 1 5/8/2023 1 0 01178-201-09 1178-201-09 12740 Wilmac Avenue ASA23-05 ADU O 1 10/13/2023 1 0 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Density Bonus 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10 Note: "+" indicates an optional field Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units E.6.b Packet Pg. 70 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 3 4 RHNA Allocation by Income Level Projection Period - 06/30/2021-10/14/2021 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 243 1 1 1 1 - - - - - - 4 239 630 1 1 1 1 - - - - - - 4 626 5 6 7Extremely low-Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 95 - - - - - - - - - - 95 VLI Deed RestrictedVLI Non Deed Restricted Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. 106 - This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. - Moderate 189 92 106 Please contact HCD if your data is different than the material supplied here - 2 Table B Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability 189 92 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column. Total RHNA Total Units Income Level Very Low Low Extremely Low-Income Units* Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten. Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. E.6.b Packet Pg. 71 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type 2 4 5 6 7 9 10 11 APN Street Address Project Name+Local Jurisdiction Tracking ID+Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate-Income Rezone Type Parcel Size(Acres)General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below 83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss LawTable C E.6.b Packet Pg. 72 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t J iditi G d TR ti Y 2023 (J 1 D 31) 1 2 3 4N f P Obj ti Ti f i H E St t f P I l t tiProgram 1: Continue to maintain an inventory of vacant and underutilized sites suitable for housing development, and make this information available to developers at City Hall and on the City website Support housing production 2014 and annually An inventory of sites suitable for housing development was made available at City Hall and on the City website. The latest HE Update for 2021-2029 draft includes updated site that will be circulated in 2024 and will liley require upzoning. Program 2: A new R3-20 zone, Medium High Density Residential District, was created to allow multiple-family development at a density of 20 units per acre, and which exclusively allows multiple-family and senior residential uses and permits owner-occupied and rental multi-family residential uses by-right. To ensure the availability of adequate sites to accommodate the City’s share of lower-income regional housing need, amendments to the Land Use Element of the General Plan and the Zoning Code will be processed to provide capacity for at least 42 additional lower-income units pursuant to Government Code Sections 65583.2(h) and (i). Rezoned parcels will be selected from the list of potential candidate sites identified in Table 8.30b and will meet the following requirements: Land Use Element and Zoning Code amendments; Support low-income affordable housing productionAmendments in 2016; Ongoing implementation through the planning period Land Use Element and Zoning Code amendments were adopted in 2016 that established an R3-24 (20-24 du/ac) zone, High Density Residential District, and zoned approximately 2 acres R3-24. An R3-24 Overlay District was also created which was applied on an additional 2 acres. The lastest HE Update for 2021-2029 draft will be propsoing upzoning sites. • Zoning shall permit owner-occupied and rental multifamily residential use by right. “Use by right” shall mean that the City’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of California Environmental Quality Act (CEQA). “Use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” under CEQA. *Sites shall accommodate at least 16 units• Allowable density shall be 20 to 24 units per acre• At least 50 percent of the very-low- and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that all of the very-low- and low-income housing need may be accommodated on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use projectThe City will continue to facilitate affordable housing development with priority for projects that provide extremely-low-income units. Land Use Element and Zoning Code amendments; Support low-income affordable housing productionAmendments in 2016; Ongoing implementation through the planning period Land Use Element and Zoning Code amendments were adopted in 2016 that established an R3-24 (20-24 du/ac) zone, High Density Residential District, and zoned approximately 2 acres R3-24. An R3-24 Overlay District was also created which was applied on an additional 2 acres. The lastest HE Update for 2021-2029 draft will be propsoing upzoning sites. Program 3: The City’s Community and Economic Development Director (CEDD) will consider, on a case-by-case basis, to allow developers to use Planned Residential Development standards, where, in addition to density bonuses in accordance with state law, allows for density bonuses where energy efficient construction is incorporated into projects. Support housing production 2016 and ongoing through planning period A 17- unit project was approved utilizing the PRD standards in 2016. Program 4: A City-owned parcel was acquired by Habitat for Humanity to develop two lower non-senior income affordable housing units. Collaborate with Habitat for Humanity to construct the two units during the planning period.Support housing production 2016-2018 Building plans were approved in 2016. The project was completed in 2018. Program 5: Facilitate development of the 0.63-acre parcel owned by the Housing Authority for low-income housing units, with priority for extremely low income units through expedited processing, modified development standards, and reduced development fees when feasible.Support lower-income housing production Ongoing through planning periodParcel is available for development, but no activity has occurred. Program 6: Ensure access to the Section 8 Rental Assistance program operated by the San Bernardino County Housing Authority by assisting the County with publicity whenever the waiting list is opened, by posting the phone number and website of the Housing Authority on the City’s website.Support housing availability 2014, and Ongoing as notified by the San Bernardino County Housing Authority The City has assisted the County Housing Authority by posting Section 8 information on the City’s website Program 7: The San Bernardino County Community Development and Housing (CDH) Department participates in the CRHMFA Homebuyers Fund (CHF) program that provides down payment, payment, and closing costs assistance to County residents. The Mortgage Credit Certificate Program provides a federal income tax credit for first-time homebuyers, which may be claimed as long as the homebuyer occupies the home and pays interest on the mortgage. Information on this Program will be provided on the City’s website, including links to the respective programs and posted biennially in the local newspaper. Production of affordable housing 2014, and biennially thereafter Information on this program was posted on the City’s website Program 8: The San Bernardino County CDH Department operates a Multifamily Residential Rental Housing Revenue Bond program. This Program can be used for new construction, acquisition, and/or rehabilitation of multifamily housing developments. A specified number of units are required to remain affordable to eligible, low-income households for a specified number of years after the initial financing is provided. Information on this Program will be provided on the City’s website, including links to the respective programs and posted biennially in the local newspaper. Production of affordable multi-family housing 2014, and biennially thereafter Information on this program was posted on the City’s website Program 9: San Bernardino County residents meeting certain income eligibility requirements may be eligible to participate in the CalHOME funding program that provides down payment assistance for first-time homebuyers. The CalHOME program is administered by various organizations; locally Neighborhood Housing Services of the Inland Empire (NHSIE) and Neighborhood Partnership Housing Services, Inc. (NPHS) administer CalHOME programs. Generally, prospective homeowners could qualify for up $28,000 in down payment assistance to be paid back through a silent second with simple interest rates up to 3%. Information on this Program will be provided on the City’s website, including links to the NHSIE and NPHA websites, and posted biennially in the local newspaper. Production of affordable housing 2014, and biennially thereafter Information on this program was posted on the City’s website Program 10: The City adopted Chapter 18.68 (Reasonable Accommodations) providing for a streamlined process for disabled persons to request deviations from the City’s code requirements. Over the planning period the City will continue to implement this program. Support fair housing Throughout the planning period No reasonable accommodation requests were received in 2023. Historically, a resonable accommodations request pursuant to Chapter 18.68 was approved in 2018 and one in 2020. Program 11: Continue to expedite the processing of plans for proposed housing projects that are affordable to low- and moderate-income households, with priority processing, modified development standards, and reduced fees, where feasible, for projects that include extremely-low-income units. Streamline production of affordable housing Ongoing City is ready to fulfill its commitement to expeditite and reduce fees for extremely-low-income units should they be propsoed. No extremely-low-income units have been proposed in 2023. Program 12: Periodically review residential development standards and regulations, ordinances, processing procedures, and fees to identify and mitigate constraints that may impede the development, improvement, and conservation of housing. Process a Zoning Code amendment to allow required covered parking for multi-family developments to be provided with either carports or garages. Mitigate governmental constraints Code amendment in 2016 A Zoning Code amendment to modify parking standards for multi-family developments was adopted in 2016 Program 13: Amend the Zoning Code as it relates to transitional and supportive housing in accordance with state law, so that such housing is subject only to those restrictions that apply to other residential uses of the same type in the same zone. Amend the definition of family in conformance with state law. Mitigate governmental constraints Code amendment in 2016 A Zoning Code amendment to modify regulations for transitional and supportive housing consistent with state law was adopted in 2016 Program 14: The San Bernardino County PACE (Property Assessed Clean Energy) loan program provides loans for weatherization and energy efficiency rehabilitation improvements, such as air sealing, weather stripping, attic insulation, re-roofing, attic and house fans, and weatherized doors and windows. The Community Action Partnership of San Bernardino County (CAPSBC) provides weatherization and energy conservation assistance to low income residents.Information on the PACE and CAPSBC Programs will be provided on the City’s website, including links to the respective programs and posted biennially in the local newspaper. Maintenance and improvement 2014 and throughout the planning period Information on this program was posted on the City’s website Program 15: Continue code enforcement efforts to enforce municipal codes intended to maintain the value and safety of structures. The program addresses substandard structures, accumulation of trash and debris, inoperable vehicles, graffiti, and land use violations. Programs include, but are not limited to non-owner occupied inspection program, and exploring new methods for eliminating deteriorated or unsightly property conditions in residential areas. Maintenance and conservation Ongoing throughout the planning period The City’s code enforcement and rental inspection programs continue to be implemented Program 16: Neighborhood Housing Services of the Inland Empire (NHSIE) is a non-profit organization that operates a low-cost Homes N’ Hammer program designed to educate residents on minor home improvements and repairs. The four-hour workshop includes: functioning of the home’s major plumbing and electric systems, repair methods, replacing and maintaining drywall, replacing window screens, fixing garbage disposals, toilet mechanisms, health and safety issues and tips for hiring a professional contractor for home repairs, etc.Information on this Program will be provided on the City’s website, including links to the NHSIE website, and posted biennially in the local newspaper. Maintenance and conservation 2014, biennially thereafter Information on this program was posted on the City’s website Program 17: Neighborhood Partnership Housing Services, Inc. (NPHS) is a non-profit organization that operates a Healthy Homes Grant program. This program provides home safety repair grants to low-income senior homeowners and homeowners with permanent mobility disabilities. Information on this Program will be provided on the City’s website, including a link to the NPHS website, and posted biennially in the local newspaper. Conservation and improvement 2014, biennially thereafter Information on this program was posted on the City’s website Program 18: California’s Keep Your Home California Program is a federally funded foreclosure prevention and loan modification program. Keep Your Home California provides the following:Unemployment Assistance to assist homeowners who have experienced involuntary job loss. Eligible homeowners may receive benefits up to $3,000 per household per month towards their mortgage payment for up to 6 months.Mortgage Reinstatement Assistance to assist homeowners who have defaulted on their mortgage payment. Eligible homeowners may receive benefits up to $15,000 per household towards their mortgage payment.Principal Reduction Program is intended to assist homeowners attain an affordable monthly payment. If eligible, homeowners may receive benefit assistance up to $50,000 per household, less monies previously received from other Keep Your Home California programs.Transition Assistance Program is intended to provide transition assistance benefits to homeowners who can no longer afford their home and want to avoid foreclosure. This program helps homeowners make a smooth transition to alternative housing by providing up to $5,000 per eligible householdInformation on Keep Your Home California will be posted on the City website and published biennially in the local newspaper. Provide mortgage assistance to low-income first-time homebuyers 2014, biennially thereafter Information on this program was posted on the City’s website Program 19: Continue to provide technical drawings for simple improvements such as patio covers, retaining and block walls, and similar small projects; a home construction pamphlet, and information on hiring contractors.Maintain and improve housing stock Ongoing throughout the planning period The City continued to provide technical assistance to applicants for minor improvements. Program 20: Provide information on fair housing on the City’s website. Provide a link to the Inland Fair Housing and Mediation Board website. Advertise the information quarterly in the Blue Mountain Outlook Support fair housing 2014 and every year thereafter Information on this program was posted on the City’s website Program 21: Continue to participate in and provide staff support for the various homeless programs operated by the San Bernardino County Homeless Partnership, including participation in the Point-in-Time Homeless Survey.Support fair housing 2014 and ongoing throughout the planning period The City continued to support County homeless programs and the Point in Time Survey conducted in January of each year Program 22: An Ordinance No. 326 was approved by the City Council in May 28, 2019, Amending Section 18.10.040 of Chapter 18.10 (Residential Zones) eliminating the Specific Plan requirement in the Hillside Residential zone district for for existing parcels that are on acre or less in size, are readily served by existing infrastructure, have public acces, and fire services can be readily provided. Support single family housing on parcels that are one acre or less in the Hillside zone Amendments in 2019; Ongoing implementation through the planning period Residential zoning amendmnet updting Section 18.10.040 ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Table DProgram Implementation Status pursuant to GC Section 65583 General Comments E.6.b Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial Development Bonus Commercial Development Bonus Date Approved 3 4 APN Street Address Project Name+Local Jurisdiction Tracking ID+Very LowIncome LowIncome ModerateIncome Above ModerateIncome Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below Units Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7Table E Note: "+" indicates an optional field Project Identifier 1 2 Cells in grey contain auto-calculation formulas (CCR Title 25 §6202) Annual Progress Report January 2020 E.6.b Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+. For detailed reporting requirements, see the chcklist here: Extremely Low- Income+Very Low-Income+Low-Income+TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+Low-Income+TOTAL UNITS+ https://www.hcd.ca.gov/community- development/docs/adequate-sites-checklist.pdf Rehabilitation Activity Preservation of Units At-Risk Acquisition of Units Mobilehome Park Preservation Total Units by Income Table F Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F. Activity Type Units that Do Not Count Towards RHNA+ Listed for Informational Purposes Only Units that Count Towards RHNA + Note - Because the statutory requirements severely limit what can be counted, please contact HCD at apr@hcd.ca.gov and we will unlock the form which enable you to populate these fields. Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 E.6.b Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes 2 3 6 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID Unit Category (2 to 4,5+) Tenure R=Renter Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate-Income Total Moderate Income Units Converted from Above Moderate Date Converted Notes Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 Table F2 Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types 1 4 Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA E.6.b Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisdiction Grand Terrace Reporting Period 2023 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation 2 3 4 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below Note: "+" indicates an optional field Cells in grey contain auto-calculation formulas Table GLocally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. E.6.b Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31)Cells in grey contain auto-calculation formulas Designation Size Notes 1 2 3 4 5 6 7 APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres)Notes 1167-231-10-0000 Commerce Way and Michigan Street Vacant Surplus Land 11,000.00 The lot size is an approximation1167-231-22-0000 Commerce Way and Michigan Street Vacant Surplus Land 27,000 The lot size is an approximation NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below Parcel Identifier ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation Table HLocally Owned Surplus Sites For San Bernardino County jurisdictions, please format the APN's as follows:9999-999-99-9999 E.6.b Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date 2 3 APN Street Address Project Name+Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing)Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted AboveModerate- Income Summary Row: Start Data Entry Below Not Cells in g Table J Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4 NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F) Annual Progress Report January 2020 E.6.b Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t Jurisdiction Grand Terrace ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Planning Period 6th Cycle 10/15/2021 - 10/15/2029 No Table KTenent Preference Policy Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials. Notes E.6.b Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) Jurisdiction Grand Terrace Reporting Year 2023 (Jan. 1 - Dec. 31) Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26. Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Response to HCD Comments $9,100.00AFFH Analysis $15,850.00 Admin/Public HE Draft $9,820.00 Final Housing Element $5,380.00 Stakeholder Interviews $6,120.00 Community Workshop (online)$5,610.00 Public Draft Prepare $7,020.00 HCD Meetings $6,100.00 Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 6 6 Current YearDeed Restricted 0Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 0 Deed Restricted 0 Non-Deed Restricted 01 1 Current YearDeed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0 Non-Deed Restricted 0 1 1 ANNUAL ELEMENT PROGRESS REPORT Local Early Action Planning (LEAP) Reporting (CCR Title 25 §6202) Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 65,000.00$ Task Status Total Units Certificate of Occupancy Issued by Affordability Summary Income Level Very Low Low Moderate Above Moderate Moderate Above Moderate Total Units Completed Entitlement Issued by Affordability SummaryIncome Level Very Low Low Moderate Above Moderate Total Units Building Permits Issued by Affordability Summary Income Level Very Low Low E.6.b Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t 1 E x h i b i t A h o u s i n g - e l e m e n t - a n n u a l - p r o g r e s s - r e p o r t ( A n n u a l H o u s i n g E l e m e n t P r o g r e s s R e p o r t 2 0 2 3 ) AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Future Agenda Items Request - Council Member Allen's Discussion to Reconsider His March 26, 2024, Second to Council Member Henderson’s Motion to Bring Back a Gaza, Palestine Ceasefire Resolution PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: City Council to Consider Council Member Allen's Request to Reconsider his March 26, 2024, Second to Council Member Henderson's Motion to Bring Back a Gaza, Palestine Ceasefire Resolution 2030 VISION STATEMENT: This staff report supports Goal #5: Engage in Proactive Communication. BACKGROUND: If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized at a future meeting to ask the City Council if time should be spent on preparing a report on the proposed item. DISCUSSION: At the regular meeting of the City Council on March 26, 2024, Council Member Henderson requested a Future Agenda Items Request to bring back at a future meeting discussion to consider a Gaza, Palestine ceasefire resolution. Council Member Henderson moved, with a second from Council Member Allen to proceed with this request. The motion passed unanimously. At the regular meeting of the City Council on April 9, 2024, Council Member Allen requested a Future Agenda Items Request to bring back at a future meeting discussion to reconsider his second to the motion to bring back for discussion and consideration, a Gaza, Palestine ceasefire resolution. Staff recommends that the City Council hold a discussion on that request for reconsideration. FISCAL IMPACT: None. H.7 Packet Pg. 82 APPROVALS: Konrad Bolowich Completed 04/15/2024 8:55 AM City Manager Completed 04/17/2024 10:57 AM City Council Pending 04/23/2024 6:00 PM H.7 Packet Pg. 83 AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Future Agenda Items Request - Discussion on Whether to Bring Back to the City Council a Gaza, Palestine Ceasefire Resolution PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: City Council to Consider Whether to Bring Back a Gaza, Palestine Ceasefire Resolution 2030 VISION STATEMENT: This staff report supports Goal #5: Engage in Proactive Communication. BACKGROUND: If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized at a future meeting to ask the City Council if time should be spent on preparing a report on the proposed item. DISCUSSION: At the regular meeting of the City Council on March 26, 2024, Council Member Henderson requested a Future Agenda Items Request to bring back at a future meeting discussion to consider a Gaza, Palestine ceasefire resolution. Council Member Henderson moved, with a second from Council Member Allen to proceed with this request. The motion passed unanimously. At this time, pursuant to the City Council policy regarding Future Agenda Items Request, staff recommends that the City Council discuss whether staff bring back a Gaza, Palestine ceasefire resolution for consideration. FISCAL IMPACT: None. APPROVALS: Konrad Bolowich Completed 04/15/2024 8:57 AM City Manager Completed 04/17/2024 10:56 AM City Council Pending 04/23/2024 6:00 PM H.8 Packet Pg. 84 AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Council Member Request Panhandling PRESENTED BY: Scott Hutter, Planning & Development Services Director RECOMMENDATION: It is recommended that the City Council: 1) receive the Staff report; 2) provide input to City Staff. 2030 VISION STATEMENT: This staff report supports Goal No. 2 "Maintain Public Safety" by ensuring staff levels for Police Services remain adequate for the Grand Terrace Community. The City of Grand Terrace contracts with the San Bernardino County Sheriff-Coroner Department. The Mission of the Department is to provide for the safety and protection of lives and property through courteous and professional public service, problem solving, crime prevention and law enforcement. BACKGROUND: If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized at a future meeting to ask the City Council if time should be spent on preparing a report on the proposed item. DISCUSSION: City Staff was asked to investigate the topic of “Panhandling” or “Begging” and how it is addressed in Grand Terrace. For purposes of this agenda staff report the term “Panhandling” will be used interchangeably with “Begging.” Panhandling in California is treated as an expression of protected speech and can never be prohibited by a State, County or Local Government. Any sort of Panhandling Ordinance that a government would enact has to follow the First Amendment’s constitutional right of “Freedom of Speech.” The constitutional right of “Freedom of Speech” is applicable to both state and local government. Therefore, any sort of local ordinance prohibiting “Panhandling” would most likely conflict with and violate the First Amendment. However, in California Penal Code there is a Section “647(c)” which specifically addresses when the act of “Panhandling” goes beyond simply asking and crosses into threats, harassment, and/or intimidation tactics. Penal Code Section 647(c) reads as follows: H.9 Packet Pg. 85 “Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor. Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public.” As written, Penal Code Section 647(c) is enforceable only to public places and does not apply to private property. On private property the private property owner is responsible for “Panhandling” which can lead to trespassing charges under Penal Code 602 PC. There are clear distinctions between public and private property. Examples of public property would include but not be limited to a public park, a government building, a public bus, a city street and sidewalk. Examples of private property would include a private residence, the property surrounding a private residence, a private store and place of business. When a “Panhandler” willfully and maliciously obstructs the free movement of a person on a public street, public sidewalk, public building, public transportation system, public place, or any other place open to the public, then they are committing a misdemeanor crime. When “Panhandling” becomes willfully malicious to be the of being accosting the Sheriff’s Department should be notified immediately to respond to the situation. When a “Panhandler” violates Penal Code 647(c) some of the most frequent criminal charges include but are not limited to the following: > Penal Code 646.9 PC - Stalking. > Penal Code 647 PC - Disorderly Conduct. > Penal Code 415 PC - Disturbing the Peace. When such an occurrence happens, the best recourse is for the victim(s) to contact the Sheriff via 911. Typically, a violation of Penal Code 647(c) that results in a conviction result in a maximum of one (1) year in jail and/or $1,000.00 fine. CONCLUSION: The Sheriff will respond to the scene and commence their investigation into the alleged crime. As not all “Panhandler” activities are passive and domicile so it is important to have the law enforcement supported and outfitted with personnel and equipment to respond quickly to such incidents that occur within the community. The Penal Code 647(c) provides the Sheriff the statutory authority to address any malicious obstruction of any person by a “Panhandler” on any street, sidewalk, public place, or place open to the public. H.9 Packet Pg. 86 FISCAL IMPACT: Law enforcement response is contingent upon the funding and allocated budget to keep up with costs to provide the services necessary for the City. Any future consideration of providing more direct action on the panhandling matter in the city should include a fiscal analysis that explores what funding is necessary for a Sheriff response that meets the City Council’s directives. ATTACHMENTS: None. APPROVALS: Planning Director Completed 04/11/2024 5:00 PM Finance Director Pending City Manager Pending City Council Pending APPROVALS: Scott Hutter Completed 04/16/2024 8:34 AM Finance Completed 04/16/2024 9:00 AM City Manager Completed 04/17/2024 11:04 AM City Council Pending 04/23/2024 6:00 PM H.9 Packet Pg. 87 AGENDA REPORT MEETING DATE: April 23, 2024 Council Item TITLE: Future Agenda Items Request - Discussion on Whether to Bring Back an Ordinance Adding Additional Enforcement to Street Racing and Street Takeovers PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: City Council to Consider Whether to Bring Back an Ordinance Adding Additional Enforcement to Street Racing and Street Takeovers 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety, and Ensure Staff Levels for Police Service Remain Adequate for Our Community BACKGROUND: If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized at a future meeting to ask the City Council if time should be spent on preparing a report on the proposed item. DISCUSSION: At the regular meeting of the City Council on Tuesday, February 27, 2024, Council Member Jeff Allen requested a Future Agenda Items Request to bring back at a future meeting discussion to consider an ordinance regarding street takeovers and street racing. Council Member Allen moved, with a second from Council Member Kenneth Henderson to proceed with this request. The motion passed unanimously. The two primary California Vehicle Code sections addressing this issue are Sections 23109a and 23109c. In addition, Section 23103 covers reckless driving and provides a mechanism for vehicles to be impounded. The impound authority comes from Section 23109.2. Attached is an ordinance from the City of Compton which adds additional sections bringing enforcement upon spectators of such events, and the ability to confiscate certain vehicles following legal action. The City has had occurrences of this type in the past. On each occurrence, having one officer on duty in the City, and response times from other communities, precluded making significant arrests and citations. Additional resources will be necessary if any action through an additional ordinance is to have an impact. H.10 Packet Pg. 88 ENVIRONMENTAL IMPACT None. FISCAL IMPACT: None. ATTACHMENTS: • Ordinance_-_Forfeiture_of_Street_Takeover_Vehicles (PDF) APPROVALS: Konrad Bolowich Completed 04/18/2024 1:36 PM City Manager Completed 04/18/2024 1:47 PM City Council Pending 04/23/2024 6:00 PM H.10 Packet Pg. 89 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 7-27 OF CHAPTER VII OF THE COMPTON MUNICIPAL CODE TO ESTABLISH THE FORFEITURE OF NUISANCE VEHICLES ENGAGED IN ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, STREET RACES, STREET TAKEOVERS, SIDESHOWS, MOTORCYCLE STUNTING AND RECKLESS DRIVING EXHIBITIONS WHEREAS, the City Council of the City of COMPTON finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal; and WHEREAS, streets, highways and intersections within the City of Compton have been the site of continuing and escalating illegal street racing and exhibitions of speed over the past several years and are commonly referred to as “street racing/intersection takeovers; and WHEREAS, such street racing and exhibitions of speed threaten the health and safety of the public, interfere with pedestrian and vehicular traffic and create a public nuisance; and WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engaged in automobile performance demonstrations and other activities that include dangerous driving behavior for the entertainment of participants and spectators as well as reckless driving when fleeing law enforcement; and WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed attract hundreds of juveniles and adults from all areas of southern California on a regular basis to participate or to be a spectator at these events; and WHEREAS, vehicles used in violation of California Vehicle Code Sections 23109(a) and (c) are a nuisance and will be forfeited to the City of Compton to prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests and exhibitions of speed; and WHEREAS, the City Council of the City of Compton finds it is necessary and appropriate to take steps to protect public health and safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal motor vehicle speed contests and exhibitions of speed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Incorporation of Recitals. That the City Council of the City of Compton finds and declares the foregoing is true and correct and incorporates said recitals fully into this Ordinance as substantive findings. SECTION 2.That Subsections 7-27.2 to 7-27.3 of Section 7-27 of Chapter VII of the Compton Municipal Code are hereby amended in their entirety as follows: § 7-27.2 Definitions. The following terms and phrases, as used in this Section, shall be defined as follows: a.CITY shall mean the City of Compton. b.DAYS shall mean workdays, not including weekends and holidays. H.10.a Packet Pg. 90 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 2 OF 10 c. DRIVER shall mean any person who drives a motor vehicle. d.EVENT shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time. e.ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED shall mean any speed contest or exhibition of speed referred to in California Vehicle Code §§ 23109(a) and 23109(c), as amended from time to time. f. IMMEDIATE FAMILY shall mean father, mother, sister or brother. g. LEGAL OWNER shall mean a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370. h.MOTORCYCLE shall mean a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. Additionally, a motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle as referred to in California Vehicle Code Section: 400(a) and 400(b), as may be amended from time to time. i.MOTORCYCLE STUNTING shall mean any use of a motorcycle for the purpose of acrobatic maneuvering to perform wheelies (the front wheel of the motorcycle comes off the ground), burnouts (keeping the motorcycle stationary and spinning its wheels which results in friction causing the tires to heat up and create smoke), or front wheelies/stoppies (the rear wheel of the motorcycle is lifted by abruptly applying the front brake). j.MOTOR VEHICLE shall mean a vehicle that is self-propelled as referred to in California Vehicle Code Section: 415(a), as may be amended from time to time. Note: An “All-terrain vehicle” (ATV) is a motor vehicle as referred to in California Vehicle Code Section: 111(a), as may be amended from time to time. k.OFFSTREET PARKING FACILITY shall mean any public or private parking facility open and accessible to members of the public as referred to in California Vehicle Code Section: 12500(c), as may be amended from time to time. l.PREPARATIONS FOR THE ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED shall mean those preparations which include, but are not limited to, situations in which: (1) A group of motor vehicles or motorcycles or individuals has arrived at a location for the purpose of participation in or being spectators at the event; (2) A group of individuals has lined one or both sides of a public street or highway or off street parking facility for the purpose of participating in or being a spectator at the event; (3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator or agent thereof for the purpose of participating in or being a spectator at the event; (4) One or more individuals has impeded the free public use of a public street or highway or off street parking facility by actions, words, or physical barriers for the purpose of conducting the event; (5) Two (2) or more vehicles have lined up with motor(s) running for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition; H.10.a Packet Pg. 91 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 3 OF 10 (6) One (1) or more drivers are revving his/her engine or spinning his/her tires in preparation for the event; (7) An individual is stationed at or near one or more motor vehicles serving as a race starter; or (8) One (1) or more motor vehicles are driving their vehicle(s) in a circular, semi-`circular, straight or figure eight pattern. m.RECKLESS DRIVING EXHIBITION shall mean any exhibition of reckless driving referred to in California Vehicle Code Section: 23101, as may be amended from time to time. n. REGISTERED OWNER shall mean a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505. o.SPECTATOR shall mean any individual who is within five hundred (500) feet of an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arrived by some other means. p.STREET RACE shall mean any motor vehicle speed contest or motor vehicle exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time. q.STREET TAKEOVER and SIDESHOW shall mean an event in which one or more persons block or impede traffic on a street or highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in California Vehicle Code Section: 23109(i)(2)(A), as may be amended from time to time. r.VEHICLE shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks as referred to in California Vehicle Code Section: 670, as may be amended from time to time. § 7-27.3 Spectator at Illegal Speed Contest, Exhibition of Speed, Street Race, Street Takeover, Sideshow, Motorcycle Stunting and Reckless Driving Exhibition. a.Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00. b. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without consent of the owner, operator or agent thereof, where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00. c. An individual is present at the illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition if that individual is within five hundred (500) feet of the location of the event, or H.10.a Packet Pg. 92 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 4 OF 10 within five hundred (500) feet of the location where preparations are being made for the event. d. Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition in the course of their duties. SECTION 3.That Subsections 7-27.6 to 7-27.23 of Section 7-27 of Chapter VII of the Compton Municipal Code are hereby added and shall read in its entirety as follows: § 7–27.6 Non-exclusive Remedy. This Chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest or exhibitions of speed. It supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction. Local law enforcement agencies have the authority to cite spectators with an administrative citation. Such administrative citations will result in a fine of Two Thousand Dollars ($2,000). § 7-27.7 Seizure and Forfeiture of Nuisance Vehicles. A motor vehicle shall be declared a nuisance and shall be seized and subject to forfeiture under this Chapter if: a. It is used in violation of California Vehicle Code Sections 23109(a) or (c); and b. (1) It is driven by the registered owner of the vehicle at the time of the violation, or the registered owner is a passenger in the vehicle at the time of the violation; or (2) It is driven by a member of the registered owner’s immediate family at the time of the violation, or a member of the registered owner’s immediate family is a passenger in the vehicle at the time of the violation; or (3) The driver or a passenger lives at the same address as the registered owner at the time of the violation; or (4) The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records. c. Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code § 38771, and as amended from time to time. § 7-27.8 Seizure of Vehicles Subject to Forfeiture. a. A peace officer may seize a vehicle subject to forfeiture under this Section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances: (1) The seizure is incident to an arrest or search under a search warrant; (2) There is probable cause to believe the vehicle was used in violation of Section 7-27.7. H.10.a Packet Pg. 93 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 5 OF 10 b. A peace officer seizing a vehicle under this Section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized. c. An immediate investigation shall be made by the City Manager or its designee making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the City Manager or its designee finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, the City Manager or its designee shall, within ten (10) days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency. d. The City Manager or its designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (c) above with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within ten (10) days of the request. A third-party administrator shall be contracted with the City and shall hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in this Section or to attend a scheduled hearing shall satisfy the post- seizure hearing requirement. § 7-27.9 Notice of Seizure. The notice of seizure shall include the following: a. A description of the vehicle. b. The date and place of seizure. c. The violation of law alleged with respect to forfeiture of the vehicle. d. The instructions for filing and serving a claim with the City Clerk pursuant to Section 7-27.11 and time limits for filing a claim. e. A vehicle seized pursuant to this Chapter, where appropriate, may be held as evidence in any proceeding brought by the City Manager or its designee, City Attorney or District Attorney. § 7-27.10 Forfeiture and Notice of Intended Forfeiture of Vehicle. a. The City Manager or its designee may, pursuant to this Section, order the forfeiture of vehicles seized under this Chapter. b. If the City Manager or its designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 7-27.7, the City Manager or its designee shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within thirty (30) days of the seizure of the vehicle subject to forfeiture. c. The notice of intended forfeiture shall be served as follows: (1) The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 7-27.8(c). H.10.a Packet Pg. 94 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 6 OF 10 (2) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods: (a) By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left. (b) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left. (3) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail. (4) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in a newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. § 7-27.11 Claims Opposing Forfeiture. A person claiming an interest in the vehicle seized pursuant to Section 7-27.7, must within ten (10) days from the date of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten (10) days of the filing of the claim. § 7-27.12 Administrative Forfeiture. If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 7-27.10 or within five (5) days of personal service of the notice, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Section 7-27.8. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed. § 7-27.13 Judicial Forfeiture Proceedings. a. The filing of a claim within the time limit specified in Section 7-27.11 is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the City by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. b. Upon proof that the vehicle was used for any of the purposes set forth in Section 7-27.7, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Section 7-27.19. The court may make a different distribution of the proceeds, if the court finds that the claimant H.10.a Packet Pg. 95 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 7 OF 10 did not know that the vehicle was used for a purpose that constitutes a violation of this Section. c. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these forfeiture proceedings to be initiated. § 7-27.14 Community Property Interest Release. If at the time of the violation there is a community property interest in the vehicle to be forfeited, and at the time of the violation the vehicle is the only vehicle available to the registered owner’s immediate family that may be operated with a class C driver’s license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements: a. The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest; and b. The registered owner or the community property interest owner submits proof that the vehicle is properly registered pursuant to the California Vehicle Code; and c. All towing and storage charges and any administrative charges authorized pursuant to California Vehicle Code Section 22850.5 and the Compton Municipal Code are paid; and d. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 7-27.15, in consideration for the non-forfeiture of the vehicle. § 7-27.15 Stipulated Vehicle Release Agreement. a. A stipulated vehicle release agreement shall provide for the consent of the signers to the automatic future forfeiture and transfer of title to the City of any vehicle registered to that person, if the vehicle is used in violation of California Vehicle Code Sections 23109(a) or (c). The agreement shall be in effect for five (5) years from the date of signing and shall be maintained by the City Manager or its designee. b. No vehicle shall be released pursuant to Section 7-27.14 if the City Manager or its designee has on file a prior stipulated vehicle release agreement signed by that person within the previous five (5) years. § 7-27.16 Vehicle Title Vesting in the City. All right, title, and interest in the vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this Chapter. § 7-27.17 Sale of Forfeited Vehicle After Declaration of Forfeiture. Any vehicle forfeited pursuant to this Chapter shall be sold once a declaration of forfeiture is issued by the City Attorney or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections 7-27.12 and 7-27.13. The City shall offer the forfeited vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 2963. § 7-27.18 Disposition of Low-Value Vehicles. If the City Manager or its designee determines that the vehicle to be forfeited and sold pursuant to this Article is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a H.10.a Packet Pg. 96 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 8 OF 10 charitable organization. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this Section. § 7-27.19 Distribution of Sale Proceeds. a. The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority: (1) To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice, the costs of sale, and the unfunded costs of judicial proceedings, if any; then, (2) To the City for all legal expenditures, made or incurred by the City Attorney’s office in connection with the enforcement of this Chapter, including but not limited to, costs for investigation, litigation, and notices resulting from enforcement of this Article; then, (3) To the City for local law enforcement for all expenditures other than personnel costs, made or incurred in connection with enforcement of this Chapter, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this Chapter; then, (4) To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed; then (5) Upon satisfactory proof to the City Manager or its designee, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then, (6) To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this Section; then, (7) To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then, (8) Of the remaining proceeds, one hundred percent (100%) shall be transferred to the City via the City Treasurer. b. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this Article. c. A forfeited vehicle shall not be sold to any person identified under Section 7-27.7 at the time the vehicle was seized. H.10.a Packet Pg. 97 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 9 OF 10 § 7-27.20 Accounting of Sale Proceeds. The person conducting the sale shall disburse the proceeds of the sale as provided in Section 7-27.9 and shall provide a written accounting regarding the disposition to the City Manager or its designee and, on request, to any person entitled to a share of the proceeds to any person validly claiming a share of the proceeds, as determined by the City Manager or its designee, within fifteen (15) days after the sale is conducted. § 7-27.21 Stolen Vehicles. No vehicle shall be sold pursuant to this Chapter if the City Manager or its designee determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold. § 7-27.22 Towing and Storage Fees. a. The City is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Section 23109(a) or (c) and did not give rise to the nuisance. b. Charges for towing, storage and administrative for any vehicle impounded pursuant to this Chapter shall be set forth by Resolution by the City Council. § 7-27.23 Recovery of Monetary Loss. Nothing in this Chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person(s) who committed the act giving rise to forfeiture under this Chapter. Section 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, to be unconstitutional or otherwise invalid, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance hereby adopted shall remain in full force and effect which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable. Section 4. DISTRIBUTION That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, Municipal Law Enforcement Services, and the Los Angeles County Sheriff’s Department, Compton Station. Section 5. EFFECTIVE DATE That this Ordinance shall take effect thirty (30) days after its adoption. Section 6. ATTESTATION That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. H.10.a Packet Pg. 98 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s ) ORDINANCE NO. ______________ PAGE 10 OF 10 ADOPTED this __________ day of ________________, 2024. _____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ___________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF COMPTON ) I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on __________ day of ____________________, 2024. That said Ordinance was adopted by the following vote, to wit: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – _______________________________________ CITY CLERK OF THE CITY OF COMPTON H.10.a Packet Pg. 99 At t a c h m e n t : O r d i n a n c e _ - _ F o r f e i t u r e _ o f _ S t r e e t _ T a k e o v e r _ V e h i c l e s ( S t r e e t R a c i n g a n d S t r e e t T a k e o v e r s )