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05/25/2000
FILE COPY (.ITy o May 25, 2000 GRAtlD TERR C 22795 Barton Road Grand Terrace 91,2gloi•nia 92313-5295 Civic Center "(909)824-6621 Fax(909)783- 6 Fax(909)783-2600 CITY OF GRAND TERRACE Byron R.Matteson Mayor CRAICITY COUNCIL Dan Buchanan Mayor Pro TernREGULAR MEETINGS Hilkey 2�''� AND 4TH Thursdays - 6:00 p.m. An Lee Ann Garcia Don Larkin Council Members Thomas J.Schwab City Manager Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA t CITY COUNCIL CHAMBERS MAY 25, 2000 GRAND TERRACE CIVIC CENTER 6:00 P.M. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S OFFICE AT(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,OTHER THAN UNDER PUBLIC COMMENT,YOU ARE ASKED TO PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. * Call to Order- * Invocation - * Pledge of Allegiance - * Roll Call - STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMLNITY REDEVELOPMENT AGENCY 1. Approval of 05-11-2000 Minutes Approve 2. Approval of Check Register CR0010 approve 3. Notice of Completion-Civic Center Rehabilitation Project Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS -None 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at j one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approval of Check Register C0010 Approve B. Ratify 05-11-2000 CRA Action C. Waive Full Reading of Ordinances on Agenda D. Approval of 05-11-2000 Minutes Approve E. Approve Amendment to Contract for PERS 2%at 55 Approve F. Community Development Block Grant Program -2000 Approve 2003 Delegate Agency Agreement COUNCIL AGENDA 05-25-2000 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION G. Resolution Submitting a Funding Request Form to the Approve Department of Conservation for Programs Consistent with the California Beverage Container Recycling and Litter Reduction Act 4. PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports S 1. Historical and Cultural Activities Committee a. Minutes of May 1,2000, Accept 2. Crime Prevention Committee a. Minutes of April 10,2000 Accept B. Council Reports 6. PUBLIC HEARINGS A. An Ordinance of the City Council of the City of Grand Approve Terrace Amending Chapter 1 of the Grand Terrace Municipal Code pertaining to Administrative Procedures Governing the Imposition,Enforcement,Administrative Review and Collection of Penalties for Violating Provisions of the Grand Terrace Municipal Code 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City of Grand Approve Terrace,California,Amending the Grand Terrace - Municipal Code by Adding Procedures for the Cost Recovery of Law Enforcement and Municipal Services at Large Parties,Gatherings,Events or Loud and Unruly Assemblages on Private Property 8. NEW BUSINESS A. Authorization for Purchase and Installation of Air Authorize/Appropriate Conditioning Unit in Computer Room B. Discussion Regarding a Ballot Measure on the November Election Regarding a Transient Occupancy Tax 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CTTY COUNCIL MEETING WILL BE HELD ON THURSDAY,JUNE 8,2000. AGENDA ITEM REQUESTS FOR THE 06-08-2000 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY_CLERK'S OFFICE BY NOON 06-01-2000. CITY OF GRAND TERRACE PENDING C R A APPROVAL COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING- MAY 11, 2000 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on May 11, 2000 at 7:00 p.m. PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice-Chairman Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Don Larkin, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community and Economic Development Director Bernie Simon,Finance Director Virgil Barham,Building&Safety Director Lt. Rick Carr, Sheriff's Department John Harper, City Attorney ABSENT: None APPROVAL OF APRIL 27. 2000 -MMNUTES CRA-2000-31 MOTION BY AGENCY MEMBER LARKIN,SECOND BY AGENCY MEMBER GARCIA,CARRIED 4-0-1-0(VICE-CHAIRMAN BUCHANAN WAS ABSENT), to approve the April 27, 2000 Community Redevelopment Agency Minutes. APPROVAL OF CHECK REGISTER CR0009 CRA-2000-32 MOTION BY AGENCY ME_NIBER HILKEY,SECOND BY AGENCY MEMBER GARCIA, CARRIED 5-0, to approve Check Register CR0009. Chairman Matteson adjourned the Community Redevelopment Agency Meeting at 7:10 p.m. until the next CRA/City Council Meeting scheduled to be held on Thursday, May 25, 2000 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. PENDING C R A HOPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: MAY 269 2000 CHECK REGISTER NO: CR0010 OUTSTANDING DEMANDS AS OF: MAY 26, 2000 CHECK VENDOR DESCRIPTION AMOUNT 13322 STATE COMPENSATION INS. FUND WORKERS COMPENSATION FOR APRIL 155.50 13327 AMERICAN HEART ASSOCIATION TICKETS TO HEART OF OUR CITIES 75.00 13329 ARROWHEAD CREDIT UNION APRIL CHARGES 602.38 13331 HERMAN HILKEY STIPEND PAYMENT 150.00 13335 CASH-CASHIER CHECK TRUSTEE SALE FOR 22714 FAIRBURN 114,322.24 43672 ACCENT PRINT& DESIGN BUSINESS CARDS-JERRY HOLT 98.72 43676 ARROWHEAD CREDIT UNION APRIL PURCHASES 371.28 43677 DAN BUCHANAN STIPEND PAYMENT 150.00 43679 JOHN R. BYERLY INC. C.C. WELD&MASONRY INSPECTION 44.00 43685 DANKA OFFICE IMAGING COMPANY MAINTENANCE KODAK COPIER 56.10 43686 DEWEY PEST CONTROL PEST CONTROL FOR LARK ST. 45.00 . 43693 LEE ANN GARCIA STIPEND PAYMENT 150.00 43694 GRAND TERRACE LITTLE LEAGUE DONATION OF STIPEND PAYMENT 150.00 43702 JOHN W. LAMPE CONTRACT LABOR 505.44 43707 BYRON MATTESON STIPEND PAYMENT 150.00 43708 OTIS ELEVATOR COMPANY RESTORE 2ND FLOOR ENTRANCE 2,886.30 43714 ROSENOW SPEVACEK GROUP INC. FIVE-YEAR IMPLEMENTATION PLAN 2,400.00 D 43718 S.C.A.C.E.O. MEMBERSHIP FEE 40.00 43725 STAPLES OFFICE SUPPLIES 231.46 Z 43731 USE COMMUNITY SERVICES PRELIMINARY RISK CREDIT REPORT 138.50 0 43732 W L C ARCHITECTS CIVIC CENTER REPAIRS 3,146.00 a 43737 YOSEMITE WATER BOTTLE WATER 25.80 TOTAL 125,893.72 Z O 1 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: MAY 25, 2000 CHECK REGISTER NO: CROO10 OUTSTANDING DEMANDS AS OF: MAY 25, 2000 I CERTIFY THAT,TO THE BEST OF MY KNOWLEDGE,THE AFORE LISTED CHECKS FOR PAYMENT OF THE COMMUNITY REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPEWON OF THE AGENCY. BERNARD SIMON FINANCE DIRECTOR _ J 2 Community Services Department Staff Report CRA ITEM (XX) MEETING DATE: MAY 25, 2000 SUBJECT: CIVIC CENTER REHABILITATION PROJECT: NOTICE OF COMPLETION NO FUNDING REQUIRED- BUDGETED ITEM BACKGROUND: Beginning in February, 2000 Staff and ASR Constructors have worked on the rehabilitation project to correct building issues surrounding the masonry on the West Wall of the Civic Center. This included the removal of a significant portion of the building and reconstruction. In total, the project lasted approximately 45 days and has been completed to the satisfaction of the staff. DISCUSSION: In April and May, Staff and ASR completed the final walk through on the project and the completed billings have been submitted. Changes on the project were limited to a small area located at the most northerly aspect of the building which extended the scope of the project by approximately 15 lineal feet; the replacement of some deteriorated electrical conduit and additional re-bar in some locations at a cost of S13.127.28. Additionally, Staff was required to purchase 4 additional pallets of block at a cost of $2,768.10. The following is an overview of the final project and budget: Project Item Original Budget Final Cost: Difference: ASR Constructors, Inc. S147.167.00 $147,167.00 SO Contingency (15%). S 22.075.00 S 16,013.58 S(6.061.42) Block Materials S 7.752.00 S10,520.10 S2.768.10 Masonry Inspection/Testing S 25,000.00 S5,252.00 S(19.718.00) Total $201,994.00 $178,952.68 $(23,041.32) In total, the project came in under budget by $23,041.32 CRA AGENDA ITEM NO. Civic Center Structural Repairs Agenda Report- May.25, 2000 Page 2 of 2 RECOMMENDATION: That the Redevelopment Agency Board of Directors: 1. Approve Change Order #1 to ASR Constructors Inc., in the amount of$13,127.28. 2. Approve as complete GTB: 99-07- CIVIC CENTER RESTORATION AND WEATHERPROOFING PROJECT; and 3. Authorize the Agency Secretary to file a Notice of Completion for the project. FISCAL IlqPACT: The original budget for the contract was $201,994.00 and the final project costs totaled $178,952.68'. Overall the project came in under budget by$23,041.32. J ' CITZ COU&CIL APPROVAL CITY OF GRAND TERRACE DATE: MAY 25, 2000 CHECK REGISTER NO: C0010 OUTSTANDING DEMANDS AS OF: MAY 25, 2000 CK. No, VENDOR DESCRIPTION AMOUNT 13321 S.B. COUNTY CLERK OF THE BOARD FISH & GAME FILING FEES 35.00 13322 STATE COMPENSATION INS. FUND WORKERS COMP FOR APRIL 1,587.81 13323 PUBLIC EMPLOYEES RETIREMENT PERS FOR PAYROLL END 4/28/00 3,939.28 13324 G.T. CHILD CARE CENTER APRIL CAFETERIA BENEFITS 642.49 13325 PEBSCO EMPLOYEE APRIL BENEFITS- DER COMP. 8,871.81 13326 CARDIO ALERT CPR/1ST AID CLASS-CHILD CARE 510.00 13327 AMERICAN HEART ASSOCIATION TICKETS TO HEART OF OUR CITIES 225.00 13328 CITY OF COLTON WASTE WATER SVCS- FEB/MAR 00 126,521.48 13330 WORLD WIDE SCREEN PRINTING T SHIRTS FOR GRAND TERRACE DAY 1,911.21 13331 HERMAN HILKEY STIPEND PAYMENT 250.00 13332 IES-APA DESIGN REVIEW WORKSHOP AWARDS DINNER 78.00 13333 LEAGUE OF CALIFORNIA CITIES INLAND EMPIRE DIVISION MEETING 135.00 13334 BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES 47.63 43671 AA EQUIPMENT RENTALS CO. INC. TRACTOR SERVICE 1,474.84 43672 ACCENT PRINT& DESIGN OFFICE SUPPLIES 602.32 43673 ADDINGTON CONSULTING ENGINEER SERVICES FOR APRIL 2,240.00 C 43674 ADIE GORDON CLASS B LICENSE APPLICATION 64.00 Z 43675 AIRBORNE EXPRESS POSTAGE &MAILING 12.10 n 43676 ARROWHEAD CREDIT UNION APRIL PURCHASES 885.35 r- 43677 DAN BUCHANAN STIPEND PAYMENT 250.00 a 43678 BURTRONICS BUSINESS SYSTEMS INK FOR RISOGRAPH 79.66 m 43680 CA. DEPT. OF TRANSPORTATION STATE HIGHWAY TRAFFIC CONTROL 1,048.01 43681 CALIF. STATE DEPT. OF JUSTICE EMPLOYEE BACKGROUND'CHECKS 64.00 a 43682 CITY NEWSPAPER GROUP LEGAL ADS- PUBLIC HEARING 74.25 43683 CITY OF COLTON WASTEWATER PAYMENT MAR/APR 7,083.03 43684 CONSTRUCTIVE PLAYTHINGS PRE- SCHOOL SUPPLIES-CHILD CARE 139.65 43685 DANKA OFFICE IMAGING COMPANY MAINTENANCE KODAK-COPIER 45.90 oZ - V 1 CITY OF GRAND TERRACE DATE: MAY 25, 2000 CHECK REGISTER NO: C0010 OUTSTANDING DEMANDS AS OF: MAY 25, 2000 CK• NO• VENDOR DESCRIPTION AMOUNT. 43687 DICKSON COMPANY STREET SWEEPING SERVICES 2,082.50 43688 DRUG ALTERNATIVE PROGRAM SERVICE PICO/ORIOLE PARK 125.00 43689 DUNN-EDWARDS CORP. PAINT/SUPPLIES 36.17 43690 EVERGREEN LAWN &TREE GOPHER CONTROL- PARKS 135.00 43691 FEDEX POSTAGE &MAILING 13.52 43692 FOX OCCUPATIONAL MEDICAL CT. TREATMENT OF BRUISE WHILE WORKING . 255.85 43693 LEE ANN GARCIA STIPEND PAYMENT 250.00 43695 HOME DEPOT MOWER & EDGER 940.65 43696 HOUSTON& HARRIS SEWER MAINTENANCE 1,836.60 43697 HYDRO-SCAPE PRODUCTS INC. IRRIGATION SUPPLIES 58.48 -43698 INTERSTATE BRANDS CORP. BREAD PRODUCTS-CHILD CARE 68.64 43699 JANI-KING OF COLTON JANITORIAL SERVICES-CHILD CARE 759.00 43700 JERRY HOLT MILEAGE REIMBURSEMENT 95.88 43701 LAKESHORE LEARNING MATERIALS PRESCHOOL SUPPLIES-CHILD CARE 309.60 43702 JOHN W. LAMPE CONTRACT LABOR 1,449,93 43703 DON LARKIN STIPEND PAYMENT 250.00 43704 LOCAL GOVERNMENT PUBLICATIONS LAND USE 2D 2000 UPDATES 99.26 43705 LUCENT TECHNOLOGIES TELEPHONE MAINTENANCE 304.70 43706 MANPOWER TEMPORARY HELP ACCOUNTING - FINANCE 858.40 43707 BYRON MATTESON STIPEND PAYMENT 250.00 43709 PACIFIC BELL TELEPHONE SERVICE-CITY LINES 239.75 43710 PAUL W. CRABTREE SENIOR CENTER EXPANSION PROJECT 18,387.76 43711 PETTY CASH PETTY CASH REIMBURSEMENT 116.34 43712 POST TOOLS INC. SMALL TOOLS 76.64 43713 PRIME EQUIPMENT TRACTOR RENTAL 179.95 43715 S.B. COUNTY AUDITOR/CONTROLLER BOOKING FEES 638.94 43716 S.B. COUNTY SHERIFF SALARY INCREASES/OVERTIME 19,809.36 2 CITY OF GRAND TERRACE DATE: MAY 25, 2000 CHECK REGISTER NO: C0010 OUTSTANDING DEMANDS AS OF: MAY 25, 2000 CK, NO, VENDOR DESCRIPTION AMOUNT 43717 S.B. COUNTY TRANSPORTATION FLOOD CONTROL 2,300.00 43719 COUNTY OF SAN BERNARDINO DUMP CHARGES FOR APRIL 446.59 43720 SIERRA WHOLESALE HARDWARE REST ROOM PARTITIONS 1.280.69 43721 SIGNAL MAINTENANCE INC. TRAFFIC SIGNAL MAINTENANCE 398,66 43722 SMART& FINAL IRIS COMPANY OFFICE SUPPLIES 64.51. 43723 SO. CA. EDISON COMPANY ELECTRICITY FOR CITY BUILDINGS 3,441.86 43724 SO. CA. GAS COMPANY GAS FOR CITY BUILDINGS 251.95 43725 STAPLES OFFICE SUPPLIES 647.25 43726 STARLIGHT K RAILS FOR MT VERNON 850.80 43727 SYSCO FOOD SUPPLIES-CHILD CARE 1,785.31 43728 THOMAS, BIGBIE& SMITH ACCOUNTING PROFESSIONAL SERVICES 1,340.00 43729 U S POSTAL SERVICE POSTAGE 1,000.00 43730 UNDERGROUND SERVICE ALERT UNDERGROUND ALERT 37.50 43733 WAXIE JANITORIAL SUPPLIES 425.67 43734 WEST GROUP CA CODE UPDATES 103.44 43735 WESTERN EXTERMINATORS CO. PEST CONTROL ON CITY BUILDINGS 155.00 43736 XEROX CORPORATION FUSER LUBRICANT-XEROX COPIER 103.44 43737 YOSEMITE WATER BOTTLE WATER 69.40 . SUBTOTAL 223,147.81 GRAND TOTAL 223,147.81 3 CITY OF GRAND TERRACE DATE: MAY 25, 2000 CHECK REGISTER NO: C0010 OUTSTANDING DEMANDS AS OF: MAY 25, 2000 SKI-NQ, VENQQ DESCRIPTION AMOUNT I CERTIFY THAT,TO THE BEST OF MY KNOWLEDGE,THE AFORE LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. BERNARD SIMON FINANCE DIRECTOR 4 CITY OF GRAND TERRACE PENDING CITY CITY COUNCIL MINUTES COUNCIL APPROVAL REGULAR MEETING - MAY 11, 2000 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California,on May 11, 2000, at 5:00 p.m. PRESENT: Byron Matteson,Mayor Dan Buchanan, Mayor Pro Tem Lee Ann Garcia, Councilmember Herman Hilkey, Councilmember Don Larkin, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community and Economic Development Director Bernie Simon,Finance Director Virgil Barham, Building & Safety Director John Harper, City Attorney Lt. Rick Carr, Sheriff s Department ABSENT: None The meeting was opened with invocation by Councilmember Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilmember Herman Hilkey. CONVENE CITY COUNCIL WORKSHOP 5:00 P.M. 1. Economic Development Strategy Workshop The City Council held a workshop to discuss Economic Development Strategies. HIGHLIGHTS OF THE ECONOMIC DEVELOPMENT STRATEGY WORKSHOP The Community and Economic Development Director, Patrizia Materassi presented the report of past accomplishments and future steps, including six findings/reasons why businesses are not already in Grand Terrace. One of the new messages was "cities need to collaborate to compete". The six findings/reasons are as follows: 1)Most small and medium sized retailers require at minimum of 30,000 to 35,000 ADT. 2) Retailers and high tech industries desire to locate where there are business clusters of their own kind, in upscale areas. 3)Too little population of a significant income level in the surrounding trade area. 4) Large retailers demand excellent access,ready infrastructure,and visibility.High tech firms and other manufacturers desire access and need state of the art infrastructure. 5) Lack of population density and job base in the immediate vicinity of our commercial corridor. 6) Proactive and sustainable economic intervention is missing. Council Member Garcia said that four years ago there was no mention of economic COUNCIL AGENDA ITEM NO.'� Council Minutes May 11,2000, Page 2 development and that we have grown leaps and.bounds. She is very pleased and commended staff for a job well done. Council Member Larkin also commended staff for compiling such a report; and Mayor Pro tem Buchanan was pleased the report incorporated the impacts of the North/South Transportation Corridor. All members are very concerned with the potential negative impacts of the North/South Transportation Corridor. Mayor Pro tem Buchanan stated that our Economic Development Strategy needs to be flexible and take into consideration regional transportation and other development impacts. Economic development initiative is necessary. "We can no longer wait for businesses to 'y come." The strategy needs to consider both increasing retail tax revenue and quality of life; we cannot forget standards. Commerce Way: Council Member Hilkey raised the issue of a new ramp connecting the commercial/industrial area to the I-215 freeway. Director stated that unless major lobbying efforts are organized, chances of building a freeway connection which does not meet CalTrans standards is nearly nil. No further direction was received on this subject. Retail Recruitment Professionals(EDS): Responding to Director's request,three members of the City Council, Mayor Pro tem Buchanan and Council Members Garcia and Larkin, were conceptually in favor of hiring retail recruitment professionals to conduct a retail gap analysis to further focus our market niche, and aid staff in the actual recruitment of new businesses. Council Member Larkin stressed that the radius of the trade area to be studied be encompassing so that a real destination center can be created. Mayor Matteson recommended priority be given to develop sites such as the NE corner of Barton at Mount Vernon. Fast Food Restaurants will be considered per BRSP guidelines provided projects meet all city development standards including landscaping, parking, architecture style, etc. Land Purchase to help the creation of our city center: Council Member Garcia mentioned this is a top priority. Council Member Larkin thinks it is a good idea,and Pro tem Mayor Buchanan stated that if EDS's retail gap analysis finds that a city center is the way to go, he will then be ready for such an investment. Potential Gas Station at the SW corner of Barton Rd.at Mt.Vernon:The City Manager, Tom Schwab,requested preliminary input from the CC in relation to a possible gas station proposal which may require BRSP amendments and variances. He stated the corner parcel is very small and difficult to develop. Although Council Members would like a different use for the site, they are willing to consider BRSP amendments to assist, the site develop. Council Member Garcia stated she would prefer a bicycle staging area for this site. Recommendations for that particular station varied from "ensure high standards" to the specific style of architecture. Council Member Larkin stated that he is not pleased with the architecture of the building at the NW corner. Council Member Hilkey recommended staff consider enhancements to the architecture of that particular building to better reflect the plan; and that proposed station should reflect the plan architecture as well. Council Minutes May 11,2000 Page 3 ADJOURN CITY COUNCIL WORKSHOP 7:00 P.M. CONVENE CITY COUNCIL MEETING 7:00 P.M. ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Proclamation -Water Awareness Month, May 2000 Mayor Pro Tern Buchanan read a proclamation proclaiming May 2000 as"Water Awareness Month"in the City of Grand Terrace and Mayor Matteson presented it to Rich Haubert from Riverside Highland Water Company. Maryetta Ferre', Principal, Terrace View Elementary School, indicated that Riverside Highland Water Company participates in the Adopt-A-School Program and has adopted Terrace View Elementary School; and in conjunction with Water Awareness Month, they held a Water Awareness Poster contest titled"Only Nature Can Make Water-Don't Waste It"for grades K-6. She introduced all of the winners and they displayed their plaques and posters. 2B. North/South Corridor Presentation James Henderson,Riverside County Transportation Commission,gave a presentation on the Riverside Integrated Project, which may include the possibility of a North/South Corridor between Riverside County and San Bernardino County. He indicated that they are working with SANBAG :and that there seems to be support for significant existing arterial improvements that will blend into the environment. It,is their hope that this project be a joint effort of funding from multiple funding sources. 2C. Tobacco'Study Update Gwenn Norton Perry,' Behavioral Health Institute, California State University San Bernardino,gave an update on the Tobacco Study that they have been conducting within the City of Grand Terrace with the use of Proposition 99 Grant Funding. She presented statistics on the Youth Purchase survey and indicated that a brochure will be available with all of the findings of the study that was conducted in the community. CONSENT CALENDAR CC-2000-66 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the following consent calendar items: 3A. Approval of Check Register No. C0009 3B. Ratify 05-11-00 CRA Action 3C. Waive Full Reading of Ordinances on Agenda Council Minutes May 11,2000 Page 4 3D. Approval of 04-27-00 Minutes PUBLIC COMMENT - None ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Appoint Committee Member(Tinsley) CC-2000-67 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCH,MEMBER LARKIN, CARRIED 5-0, to appoint Barbara Tinsley to the Historical and Cultural Activities Committee to fill an unexpired term continuing to June 3.0, 2002. 2. Emergency Operations Committee a. Appoint Committee Member(Reagan) CC-2000-68 MOTION BY COUNCILMEMBER HILKEY,SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to appoint Peggy Reagan to the Emergency Operations Committee to fill an unexpired term continuing to June 30, 2000. 5B. Council Reports Mayor Matteson,reported that the mail boxes that were in front of Mail Mart on Mt.Vernon Avenue have been moved and are now located in front of the Smart Time Foods Store on the corner of Canal and Barton Road. He reported that he attended the Blue Ribbon event with City Manager-Schwab that was hosted by the Sheriff's Department. Mayor Pro Tern Buchanan, reported that he attended the Annual Art Show hosted by the Historical and Cultural Activities Committee which always has a great display of creative talent of the community. He reported that the following are hot issues of transportation:The possibility of a North/South Corridor from Riverside County to San Bernardino County which Grand Terrace and SANBAG are taking an active role in monitoring, SANBAG's annual budget is coming up for review, the Alameda Corridor Project and the Governor's Transportation Plan. Councilmember Garcia,reported that there will be a legislative Day in Sacramento where the League Division can come together and discuss issues with legislators on May 22 and 23. Sales Tax is a big item of discussion. The East Valley Coalition will have a presentation at their May.31,2000 meeting on the North/South Corridor and all councilmembers are invited to attended. She reported that on June 6,2000 RCTC will decide what route the North/South Corridor will be. She stated that with the goods movement it appears that in the future freeways will be used for trucks and arterial routes will be used for vehicle travel. She reported that she also attended the Annual Art Show hosted by the Historical and Cultural Activities Committee and that past committee member Viola Gratson was in attendance. She Council Minutes May 11,2000 Page 5 felt as though the information that was given on the Tobacco Study would be helpful for our Community Services Officer,Tanya Cahill. She attended the American Heart Association Hearts of Our Cities Gala along with Mayor Byron Matteson, Councilmember Don Larkin and City Manager Tom Schwab. She reported that through the efforts of delegates from Riverside and San Bernardino Counties SCAG will go back to the State for more realistic numbers with regard to the Regional Housing Needs Assessments. Councilmember Hilkev, questioned whether the cable company will be required to run commercial quality cable in the commercially zoned areas. City Manager Schwab, indicated that he would need to review the franchise and that he would report back to him. Councilmember Hilkey, reported that he met with Steve Peter from the Chamber of Commerce,John Donlevy,Assistant City Manager and Brenda Stanfill,City Clerk to discuss the possibility of the Chamber allowing the City to use a portion of their newsletter for City information and independent programs going on throughout the community. Steve Peter will bring a proposal to the Council at a later date. He commended the Historical and Cultural Activities Committee on a great Art Show. He expressed his concern with the maintenance of the Civic Center. He requested Staff to look into the possibility of hiring a janitorial service to maintain the restrooms. PUBLIC HEARING 6A. An Ordinance of the City of Grand Terrace,California,Amending the Grand Terrace Municipal Code by Adding Procedures for the Cost Recovery of Law Enforcement and Municipal Services at Large Parties, Gatherings, Events or Loud and Unruly Assemblages on Private Property. Assistant City Manager Donlevy, indicated that staff is recommending the adoption of an Ordinance which will add procedures for the cost recovery of law enforcement and municipal services at large parties, gatherings, events or loud and unruly assemblages on private property. This ordinance will shift the burden of costs for the response of public safety and municipal personnel to the private parties responsible. By shifting the responsibility for such services to the private persons for causing such disturbances, the general taxpaying public will be protected. Mayor Matteson opened discussion to the public. Dave Hitchcock,General Manager,California Skate,apologized for the recent incident that occurred due to the party that was scheduled to take place at their business. He stated that he was unaware of the type of events that were planned at this event and that it was canceled once he was made aware of the situation. He expressed his concern with being billed for the services of the Sheriff's Department and City Staff due to the fact that the event didn't actually happen, however, he stated that he does support the Ordinance. Council Minutes May 11,2000 Page 6 Mayor Matteson returned discussion to the Council. CC-2000-69 MOTION BY COUNCILMEMBER GARCIA,SECOND BY COUNCILMEMBER LARKIN,CARRIED 5-0,to approve the first reading of an Ordinance of the City of Grand Terrace,California,Amending the Grand Terrace Municipal Code by Adding Procedures for the Cost Recovery of Law Enforcement and Municipal Services at Large Parties, Gatherings, Events or Loud and Unruly Assemblages on Private Property with the removal of the word minor in Section 8.34.030 Paragraph two where it states: "The costs of such special security assignment may include costs of t personnel, equipment, contractual costs, minor damages to City property and/or injuries to City or Sheriff personnel." UNFINISHED BUSINESS -None NEW BUSINESS -None CLOSED SESSION. 9A. Personnel Mayor Matteson announced that the Council met in closed session to discuss Personnel Issues and that there was no reportable action taken. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 9:53 p.m.,until the next CRA/City Council Meeting which is scheduled to be held on Thursday, May 25, 2000 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace STAFF REPORT UNDTE C C: 1T.Y. MANA_G:ER ' S DE.P.:ARTMENT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: May 25, 2000 SUBJECT: APPROVE AMENDMENT TO CONTRACT FOR PERS 2% @ 55 FUNDING REQUIRED NO FUNDING REQUIRED XX At the Council Meeting on March 23, Council adopted the Resolution of Intention to change the City's retirement from PERS 2%@ 60 to PERS 2%@ 55 and held the first reading of the ordinance. On April 13 the final ordinance was adopted. The 30 days following the date of adoption have been fulfilled and, now, the final part of this process is for the Mayor to sign the Amendment to the Contract. STAFF RECOMMENDS THAT: THE MAYOR SIGN THE TWO COPIES OF THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMIINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF GRAND TERRACE. COUNCIL AGENDA ITEM NO.I 3 CaIPERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Grand Terrace The Board of Administration, Califomia Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 20, 1990, and witnessed December 14, 1989, and as amended effective October 23, 1995 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 23, 1995, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement- age' shall mean age 55 for local miscellaneous members. 2. Public Agency-shall participate in the Public Employees' Retirement System from and after January 20, 1990 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES; AND b. ELECTED OFFICIALS 5. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. That portion of the assets so transferred which' represent the accumulated contributions (plus interest thereof) required of the employees under said local system has been credited to the individual membership account of each such employee under the Public Employees' Retirement System. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b. Section 21536 (Local System Service Credit Included in Basic Death Benefit). C. Section 21573 (Third Level of 1959 Survivor Benefits). 8. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 9. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic, investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 26th day of May , 2000 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF GRAND TERRACE BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM May 25, 2000 Witness Date Attest: Clerk AMENDMENT PERS-CON-702A(Rev.8\96) `1 T Y W Community Services Department Staff Report COUNCIL ITEM (XX) MEETING DATE: MAY 25, 2000 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM- 2000- 2003 DELEGATE AGENCY AGREEMENT NO FUNDING REQUIRED BACKGROL�D: Since the establishment of the current Community Development Grant Program (CDBG) format, the City of Grand Terrace has participated with the County of San Bernardino in the implementation of programs within our jurisdiction. Examples of such projects can be seen at the Grand Terrace Senior Center, expanded hours at the Grand Terrace Library and numerous upgrades in facilities to benefit the handicapped. Because the City does not qualify as an Entitlement City (requiring a population of 50,000 or greater), Grand Terrace is required to participate under the County of San Bernardino Program. This includes funding from the U.S. Department of Housing and Urban Development (HUD) for both the CDBG Program and the Emergency Shelter Grant (ESG) funds. As a participant in the County program, the City is responsible for identification of funding priorities for the distribution of monies as set by a per capita funding formula. The County assumes all responsibility for overall administration of the programs. including submittal of grant documents with HUD and compliance monitoring. The attached Delegate Agency Agreement formalizes the relationship between the City and County, with the outlining of responsibilities and representation with the Federal Department of Housing and Urban Development for the Years 2000 through 2003. RECONLNIEND ATION: That the City Council Approve a COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 2000-2001, 2001-2002 AND 2002-2003 ATTACHENIEN"P: Delegate Agency Agreement from County ECD. COUNCIL AGENDA ITEM NOO. COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 2000-01, 2001-02. 2002-03 This Agreement is made and entered into this day of 2000, by and between the County of San Bernardino hereinafter referred to as "COUNTY", and the City of Grand Terrace. a municipal corporation and a political subdivision of the State of California located «ithin the boundaries of San Bernardino County, hereinafter referred to as "CITY". WITNESSETH WHEREAS, COUNTY has been designated an "Urban County" by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD", as that term is defined in Title I of the Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT", and accordingly, COUNTY will administer a Community Development Block Grant(CDBG)program which includes the development of a Consolidated Submission of the HUD Housing and Community Development Grant Programs, hereinafter referred to as "CONSOLIDATED PLAN", which constitutes COUNTY's application for Federal assistance under said ACT; and, WHEREAS, CITY and COUNTY have entered into a "Cooperation Agreement for Community` Development Block Grant Funds", as part of COUNTY's CDBG Program. covering Fiscal Years 2000-01. �001-02 and 2002-03. to which this is a subordinate and supplementary agreement per Section 16 (Other Agreements) of said Cooperation Agreement executed by these parties, dated June =9. i 999; and, WHEREAS.COUNTY administers a CDBG program in cooperation with fourteen cities, and in the unincorporated areas of San Bernardino County,through County Department of Economic and Community Development, hereinafter referred to as "ECD': and. WHEREAS, CITY has the ability to manage and administer CDBG projects; and. WHEREAS. CITY chooses to assume the responsibility of project implementation k�ithin its corporate limits in cooperation with COUNTY.- and. WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economies of scale in the planning and administration of the program hereinafter set forth. NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows: 1. PURPOSE This Agreement is made pursuant to the provisions of article I. Chapter 5. Division Title I of the Government Code of the State of California (commencing with Section 6500). relating to public agencies. The purpose of this Agreement is to implement the provisions of the Cooperation Agreement in carrying out CDBG activities which have been approved by COUNTY for CITY in accordance with CONSOLIDATED PLAN. The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other Federal. State and County lays and policies in the manner hereinafter set forth. i Unless specified otherwise,ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 2. TERM This Agreement shall become effective starting fiscal year 2000-01 which begins July 1,2000 and shall continue in full force and effect through fiscal year 2002-2003 which ends on June 30,2003. COUNTY may grant an extension of up to six(6) months of the effective period of this Agreement for the purpose of completing CITY's projects/activities which are underway and cannot be completed during the term of this Agreement. CITY must request any such extension in writing. Any extension will only be effective if granted in writing by COUNTY. Maintenance and operation and monitoring requirements for facilities developed under the terms of the Agreement shall be in effect and continue in full force as prescribed in Section 9. 3. AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any CDBG funded project or activity covered under the terms of this Agreement prior to receiving written authorization from COUNTY. Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity)and B (Project or Activity Description) of this Agreement have been completed for a CDBG funded project or activity and signed by CITY and countersigned by ECD. Any such authorized Project or Activity shall hereinafter be referred to as an "AUTHORIZED PROJECT". 4. IMPLEMENTATION OF AUTHORIZED PROJECT CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate Agency Coordination Procedures (Attachment C), using the forms and language contained in the Delegate Agency Construction Contract Provisions (Attachment D), and agrees to comply with all applicable local; country, State and Federal r�gulations associated v�ith the implementation of CDBG projects. CITY may contract for all necessary sere ices to.complete .AUTHORIZED PROJECTS described on its executed Attachment's A and B provided that contracts are submitted to and approved in writing by ECD prior to their execution. CITY Attorney is responsible for assuring and certifying that the AUTHORIZED PROJECT undertaken b%-CITY's contracting party complies with all applicable regulations and statutes, as amended, listed in Attachment C, Section IV. 5. MODIFICATION OF AUTHORIZED PROJECTS All modifications to AUTHORIZED PROJECT must be preapproved by COUNTY in order to be considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. CITY may request modification(s) to CDBG fuming levels authorized by Attachment A or the pertinera Project Description (i.e. Scope of Activity) authorized by Attachment B. Upon receipt of a written request from CITY, and approval by COUNTY, COUNTY will revise Attachments A and B. 2 6. CONSOLIDATED PLAN AMENDMENT Requests by CITY to add, delete or substantially modify an activity listed in CONSOLIDATED PLAN must be made in writing to COUNTY. Requests to add new activity(ies) must be accompanied by a CDBG project proposal application. Substantial modifications are defined as follows: 1) a net increase of greater than 100% of the activity allocation listed in a published CONSOLIDATED PLAN; or 2)a net increase or decrease in the activity allocation greater than $50,000; or 3)a change in the type of activity; or 4)a change in the location of the activity; or 5)a change in the beneficiaries of the activity. The Consolidated Plan shall be amended when an activity is added or deleted. The"program administration"activity _ and "unprogrammed funds" activity are not subject to the allocation limitations defined herein. Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN. Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY. CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of CONSOLIDATED PLAN. 7. COUNTY RESPONSIBILITIES COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to CDBG funded projects undertaken by CITY under this Agreement. CITY recognizes that COUNTY.as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating fiends. CITY will have no direct responsibilities or obligations to HUD, except as identified, under this Agreement. COUNTY shall provide technical assistance to CITY in a timely and expeditious manner upon written request to the Director of ECD. 3. CONFORMANCE TO COUNTY PROCEDURES Under this Agreemen-,. CITY elects to be responsible for carrying out CDBG projects. Ho% ever. in implementing said projects, CITY must perform all services and activities in accordance with Federal and State statutory requirements and with the policies and procedures established by the Board of Supervisors, and shall comply with the following: A. COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITY's mutual assent to this Agreement, CITY will designate a "Community Development Administrator" by filling in the name of said person in the space provided belo%v. The Community Development Administrator is the responsible authority for all correspondence with COUNTY, the signaton on AUTHORIZED PROJECT Attachments A and B and shall advise t:e CITY council. CITY administration and CITY staff, as appropriate regarding the CDBG program. CITY may, by written notification as set forth below, change the Community Development Administrator. CITY's Community Development Administrator for this Agreement is TITLE: 3 B. FISCAL CONTACT PERSON For purposes of this Agreement, CITY shall also designate a fiscal contact person by filling in the space provided below. The fiscal contact person shall be responsible for billing,and fiscal procedures regarding the CDBG Program and will serve as the primary contact for technical fiscal matters. CITY may, by written notification as set forth below, change the fiscal contact person. CITY's Fiscal Contact person for this Agreement is TITLE: C. CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG funds which come under its control in such manner as to permit the reports required by COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final expenditure. CITY will submit to ECD complete and detailed project descriptions, budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures. 9. MAINTENANCE AND OPERATION OF FACILITIES CITY shall provide maintenance and operation for the life of any and all facilities constructed ,vith CDBG funds under this Agreement that are CITY owned or operated, for the life of the facility, not less than twenty(20) years. 10. FUINDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated by CITY in AUTHORIZED PROJECT'S Attachment A. ] I. DISBLRSEMENT OF FENDS All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the Federal Government by COUNTY under ACT. ECD will disburse the funds to CITY on a cost reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be presented to ECD by CITY on or about the first day of each month,allowing 15 days for payment on the part of ECD. COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs (including, but not limited to, salaries,benefits, mileage, actual cost of materials,meals and other authorized expenses allowable under the Travel Code Section 13.0638 County of San Bernardino) incurred by COLtiTY in implementing CITY's AUTHORIZED PROJECTS. 12. WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY's Contractor,or CITY's subcontractor upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent with Federal regulations or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s)to CITY's performance. CITY 4 shall then have a maximum of 10 days in which to remedy said deficiencies. Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to other eligible activities which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 13. PROGRAM INCOME Program income represents net income directly generated from the use of CDBG funds by CITY as a result of the activity,funded under the terms of this Agreement. When such income is generated by an activity on]),partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. CITY shall retain the use of program income by returning program income to COUNTY and requesting project budget increases for activities authorized under this Agreement. Program income shall be returned to COUNTY within thirty (30) days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of one thousand dollars($1,000); or c)the end of each fiscal year. CITY shall include the reports required by Section 14, PROGRAM REPORTING, all sources and amounts of program income on a monthly and year-to-date basis. Program income returned by COUNTY to CITY shall be spent by CITY on only those costs authorized under this Agreement. All provisions of this Agreement shall apply to said use of program inco,:ie finds. CITE'shall account for the receipt and use of program income in such away that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent. Any program income on-hand «lien this Agreement expires or is received after such expiration, shall be paid to COUNTY. 14. PROGRAM REPORTING CITY agrees to prepare an' submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY directives. CITY shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all AUTHORIZED PROJECT funds. All CITY records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate Federal agencies. CITY is required to submit data necessary to complete the Consolidated Annual Performance Evaluation Report in accordance with HUD regulations in the format and at the time designated by COUNTY Director of ECD or his designee. By the first of each month, CITY shall submit to ECD, a monthly status report on all active AUTHORIZED PROJECTS(S) and if applicable, program income generating activities (see Attachment D-3). 15. N10\iT0RFNG ECD Director or his designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the extent to which CONSOLIDATED PLAN has been implemented and measurable goals.achieved,effectiveness of project management, and impact of the AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this Agreement. Facilities include all files, records, and other documents related to the performance of this 5 Agreement. CITY will permit on-site inspection by COUNTY,and HUD representatives,and insure that its employees furnish such information, as in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. 16. ACCOUNTING CITY must establish and maintain on a current basis an adequate accrual accounting system in accordance %vith generally accepted accounting principles and standards. 17. AUDITS CITY is required to arrange for an independent financial and compliance audit annually for each fiscal year during which Federal funds are received under this Agreement as required by Circular A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502. The results of the single audit must be submitted to COUNTY within thirty (30) days of completion. Within thirty(30)days of the submittal of said audit report, CITY shall provide a written response to all conditions or findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All condition or finding correction actions shall take place within six(6)months after ECD's receipt of the audit report. An audit may also be conducted by Federal, State or local funding source agencies as part of the COUNTY's audit responsibilities. COUNTY and its authorized representatives shall,at all times, have access for the purpose of audit or inspection to any and all books, documents, papers,records; property, and premises of CITY. CITY's staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY's program. If indications of misappropriation or misapplication of the funds of this Agreement cause COL\TY to require a special audit,the cost of the audit will be encumbered and deducted from funds allocated to CITY CDBG AUTHORIZED PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said CDBG AUTHORJZED PROJECT allocations. Should the special audit confirm misappropriation or misapplication of funds, CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non-CDBG funding sources. REVERSION OF ASSETS Upon Agreement termination CITY shall transfer to COUNTY all CDBG funds on-hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Agreement must continue in the use that provides the service benefits and national objectives for v.-hich it was funded until five years after expiration of this Agreement,or such longer period of time as determined by COUNTY; or it must be disposed of in—a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less an portion thereo; attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 19. TERMINATION AND TERMINATION COSTS This Agreement may be terminated in whole or in part at any time by either party upon giving their (30)days notice in writing to the other party. An agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of Federal Regulations at 6 24 CFR Part 85.44, Termination for Convenience. COUNTY ECD is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors. COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for any reason the timely completion of the work under this Agreement is rendered improbable, infeasible or impossible. If CITY materially fails to comply with any term of this Agreement, COUNTY may take one or more of the actions provided under the Federal Regulation at 24 CFR Part 85.43, Enforcement, which include temporarily withholding cash,disallowing non-compliant costs, wholly or partly terminating the award, withholding future awards, and other remedies that - are legally available. In such event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD. 20. PROJECT ACK..\OWLEDGMENT Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project, such identification should be acknowledged on a plaque, permanently mounted in an appropriate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant. The current Board of Supervisors and the members of the City Council shall also be identified. In instances«here multiple funding sources are utilized to construct a project, all funding sources shall be identified. The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first. the second largest dollar amount second, etc. 21. CONTRACT COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and Labor surplus Area Firms(a firm located in an area of high unemployment)are used when possible in com.p.'iance with provisions of Title 24 Code of Federal Regulations Part 85.36(e). CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250,Title VII of the Civil Rights Act of 1964.the California Fair Employment and Housing Act, County Policy 11- 15, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY shall make even,effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and %vomen. In addition. CITY shall make every effort to employ residents of the area and shall keep a report of CITY staff positions that have been funded directly by, or as a result of this program. 22. CITY'S WARRANTY OF ADHERENCE TO COL:tiTY'S CHILD SUPPORT COMPLIANCE PROGRAM CITY acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially from COUNTY through contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. As required by COUNTY'S Child Support Compliance Program (County Code Section 110.0101 et seq.) and without limiting CITY'S duty under this contract to comply with all applicable provisions of law, CITY warrants that it is now in compliance and shall during the term of this contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act(42 USC Section 653a)and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders.or District Attorney]Notices of Wage and Earnings Assignment for Child or Spousal Support Pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Contractor hereby acknowledges COUNTY may require the Contractor to submit upon the request of the District Attorney a completed Principal Owner Information (POI Form, Exhibit 1 of 2. TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of CITY to maintain compliance with the requirements set forth in the preceding paragraph shall constitute a default by CITY under this contract. Without limiting the rights and remedies available to COUNTY under law or under any other provision of this contract, failure to cure such default within ninety(90)days of notice by the San Bernardino County District Attorney shall be grounds upon which the County Board of Supervisors may terminate this contract. 23. DISCRIMINATION During the performance of this Agreement, CITY agrees not to discriminate against any contractor or applicant for employment in performing work because of race, color, religion, sex or national origin. CITY further agrees to take affirmative action to ensure that its contractors employ and treat all employees during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the follo%ving: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay off or termination, etc. CITY will cause contractor to comply',vith the provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. CITY shall require its contractor to post in conspicuous places, available to employees and applicants for employment, notices setting, forth the provisions of this nondiscrimination clause. 24. STANDARDS OF CONDUCT Pursuant to Office of Management and Budget Circular A-110 Attachment 0 and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part 85.36, Procurement, CITY shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer or agent of the CITY shall participate in selection, award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise Ntihen: a. The employee, officer or agent; b. Any member of his immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, any of the above, has financial or other interest in the firm selected for award. 8 CITY's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations,such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by CITY's officers, employees, or agents, or by contractors or their agents. 25. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no finds made available under this Agreement shall be used to promote any religious or political activities. 26. INDEMNIFICATION CITY shall indemnify and hold the COUNTY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from activities of CITY, its officers, agents, volunteers and employees; and, CITY shall, at its own cost, expense and risk,defend any legal proceedings that may be brought against COUNTY, its officers, agents and employees. on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from activities of CITY, its officers, agents and employees. CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness or disease arising out of the provision of services. CITY, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage. CITY shall indemnify and hold harmless COUNTY against an), liability, claims, losses, demands. and actions incurred by COL"NTY as a result of the determination by the United States Department of Housing and Urban Development or its successor that activities undertaken by CITY under the program or programs fail to comply with any lays, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. Consistent with all other provisions of this Agreement, COUNTY shall,at its own cost and expense, defend, indemnify,and hold the CITY,its officers,agents,volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from any %wrongful act or vyrongful omission by COUNTY, its officers,agents and employees. 27. INSURANCE REOUIREIMENTS In order to accomplish the indemnification provision of Section 26, Indemnification, but without limiting the indemnification, contractor(s) and sub-contractor(s) obtained by CITY for activities covered under the terms of this Agreement, shall secure and maintain throughout the term of their contract with CITY, the following type of insurance with limits as shown. Said policies shall add as insureds the COUNTY, its elected officials,officers,employees and agents for all liability arising from AUTHORIZED PROJECTS. 9 Workers'Compensation-A program of Workers Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employees Liability with $250,000 limits, covering all persons providing services on behalf of CITY and all risks to such persons under this Contract. Comprehensive General and Automobile Liability Insurance-This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars($1,000,000). Errors and Omissions Liability Insurance- Combined single limits of$1,000,000 for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liability- Professional liability insurance with limits of at least$1,000,000 per claim or occurrence. Additional Named Insured- All policies,except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights- Except for Errors and Omissions and Professional Liability, CITY shall require the carriers of the above required co-verage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY. Proof of Coverage- CITY shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to ECD, and CITY shall maintain such insurance from the time CITY commences performance of services hereunder until the completion of such services. Within sixty(60)days of the commencement of this Contract, CITY shall furnish certified copies of the policies and all endorsements. CITY shall complete and submit Contract Exhibit 2of 2 Insurance Inventory, along with the above required insurance documents. 28. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. The COUNTY's Risk Manager is authorized, but not required. to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that anv of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COLtiTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable trees of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required,to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of past claims against COUNTY, inflation, or an} other item reasonably related to the COUNTY's risk. 10 Any such reduction or waiver for the entire tern of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY agrees to execute any such amendment within thirty(30) days of receipt. -9. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Agreement of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE By: By. JON D. MIKELS, Chairman BRYON R. MATTESON,Mayor Board of Supervisors Dated: APPROVED AS TO FORMM. THE TERMS ATTEST: AND PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE By: AND LOCAL LAW AND THIS AGREEMENT BRENDA STANFILL, City Clerk PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR Dated: ASSIST IN UNDERTAKING ESSENTIAL COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES. SPECIFICALLY URBAN REti"EWAL AND PUBLICLY ASSISTED HOUSING. B_v: County Counsel APPROVED AS TO FORM By: JOHN R. HARPER, Civy Attorney Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT Clerk of the Board of Supervisors of the County of San Bernardino Deputy 'WORDWY DOCSDELEGATE AGENCY%00 Grand Terrace DA AGT.DOC 5.100lbji 12 EXHIBIT 1 COUNTY OF SAN BEPUNARDINO DEPARTNTENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: Case Number: Name/Address of Contractor Aeencv: Date of Issue: Original: Beginning Amendment# INSURANCE LNWNTORY WORKERS' COMPENSATIONTUEMPLOYER'S LIABILITY INSURANCE Name of Program Effective Dates EmpIoyer's Liability Limit$ Certificate of Insurance Attached Yes No: On File w/ECD COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company Limits of Liability Effective Dates Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ECD Name of Contractor's Automobile Liability Insurance Company Limits of Liability Effective Dates Per Person S Per Accident$ Damage Liability 5 Combined Single Limit ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company Limits of Liability Effective Dates Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD Annual Aggregate S Certificate of Insurance Attached Yes No: On File w/ECD PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company Limits of Liabilitv Effective Dates Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ECD EXHIBIT 2 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: , Case Number Name/Address of Contractor Aeencv: Date of Issue: X Original:Beginning Amendment# PRP CIPAL OWNER INFORMATION FORM San Bernardino County Code Section I10.0101 et seq. contains the San Bernardino.County Child Support Compliance Program. This Program requires the County to provide certain information to the District Attorney concerning its employees and business licenses. It further requires that bidders or proposers for County contracts provide, directly to the District Attorney, information concerning their"Principle Owners,"that is,those natural persons who own an interest of 10%or more in the Contractor. For each "Principal Owner," the information which must be provided to the District Attorney is: 1) the Principal Owner's name; 2) his or her title, and; 3) whether or not the Contractor has made a payment of any sort to the Principal Owner. IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND I%tAIL OR FAX IT DIRECTLY TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE YOU SUBMIT A BID OR PROPOSAL TO A COUl1-TY DEPART,ME NT. MAINTAIN DOCUMENTATION OF SUBMISSION. In addition, bidden or proposers must certify to the soliciting County department that they are in full compliance with the Program requirements by submitting the Child Support Compliance Program Certification, along with the bid or proposal. To: District Attorney Child Support Division F.^X: (909)478-7470 Ombudsman Program 10417!4lountain View Avenue PHONE: (909)478-7300 Loma Linda,CA 92354-2030 Contractor Name as Shown on Bid or Proposal: Contractor Address: Contractor Phone: Far: County Department Receiving Bid or Proposal: Economic& Community Develo ment De artment Type of Goods or Services to be Provided: Contract or.Purchase Order Number(if applicable): Principal Owners:Please check appropriate box. If Box I is checked,no further information is required. Please sign and date the form below. I. No natural person owns an interest of 10%or more in this Contractor. II. Required Principal Owner information is provided below. (Use a separate sheet,if necessary) PAYMENT NAM RECEIVED FROME OF PRINCIPAL OWNER TITLE CONTRACTOR 1. YES NO 2 3. I DECLARE UNDER PENALTY OF PERJURY,THAT THIS INFORMATION IS TRUE AND CORRECT. By: Date: (Signature of a Principal Omer,an Officer,or Manager responsible for submission of the bid or Proposal to the Coup 4'l- Printed Name Title/Position ATTACHMENT A-REQUEST TO INITIATE PROJECT/ACTMTY PROJECT NUMBER: DATE OF ORIGINAL ISSUE: CASE NUMBER: ORIGINAL: REVISION#: TARGET AREA: DATE OF REVISION: Pursuant to the terms of the Delegate Agency Agreement between the Department of Economic and Community Development (ECD)and the City of dated ECD hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B)without written approval of the Director of the Department of Economic and Community Development. PROJECT/ACTIVITY TITLE: ACTIVITY LOCATION: TOTAL PROJECT FUNDING: $ CITY CDBG ALLOCATION RELEASED: $ CITY CDBG FUNDS EXPENDED AS OF: $ DATE OF RELEASE OF FLUIDS: BALANCE OF FUNDS AVAILABLE: $ SCHEDULE OF CITY CDBG ALLOCATION: Years 1-22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 TOTAL OF (75-97) 9( 7-98) 9( 8.99) 9( 9-00) 0-( 0-01) 01-02) (02-03) 28 YEARS S S S S S $ S $ MAINTENANCE AND OPERATION BUDGET/AGREEMENT: OTHER PERTINENT INFORMATION: ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project'Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows: LAND ACQUISITION: $ PURCHASE OF EQUIPMENT: S STAFF COST RELATED CONSTRUCTION COST: $ TO LAND ACQUISITION: $ CITY STAFF COST: $ DESIGN: $ CONTINGENCY: $ CONSULTANT SERVICES: $ OTHER: $ TOTAL CITY CDBG ALLOCATION AVAILABLE: S IMPLEMENTItiG CITY: DATE: SIGNATURE: TITLE: COUNTY OF SAN BERNARDINO DIRECTOR DATE: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT/ ECONOMIC DEVELOPiv1ENT AND PUBLIC SERVICES GROUP M. k:: =.3 dcc ATTACAIIENT B-PROJECT/ACTIVITY DESCRIPTION PROJECT NUMBER: DATE OF ORIGINAL ISSUE: CASE NUMBER: ORIGINAL: REVISION#: TARGET AREA: DATE OF REVISION• PROJECT/ACTIVITY TITLE: ACTIVITY LOCATION: TVITY DESCRIPTION: IMPLEMENTING CITY: DATE SIGNATURE TITLE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT/ ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP DIRECTOR DATE '-fy DodA&BitDclepw Aac wy A&B.doc Attachment C COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT DELEGATE AGENCY COORDINATION PROCEDURES I. Introduction The following procedures identify the actions, responsibilities, and sequence of events for CDBG funded projects being implemented by a coordinated effort between the San Bernardino County. Department of Economic and Community Development, hereinafter referred to as "ECD," and the Delegate Agency, hereinafter referred to as "DA". For each action or event listed in Section III of this attachment, the entity responsible for carrying out that action or event is referenced beside it. Section IV contains regulations and statutes applicable to CDBG funded activities. II. Authorization to Proceed The Delegate Agency is not authorized to expend funds nor to initiate CDBG projects until authorized to do so in writing by ECD. Continued authorization is contingent upon adequate progress and timely submission of Monthly Proiect Status Reports covering all current AUTHORIZED PROJECTS. See Attachment "D" for blank Monthly Status Report form. Contract procurement shall be governed by all Federal regulations and statutes, as amended, listed in Section IV of the Attachment. ECD payments of DA Requests for Reimbursement will be subject to DA submittal of a complete reimbursement report package as listed in Section III, D-22. A. Proiect'Activity Budget Each project activity is initiated by an Attachment "A". The Attachment "A" is released xvhen the project!activity is ready to be implemented and subsequent to environmental clearance and release of funds from HUD. It specifies the total funding allocation for the project,activity, the portions currently released and available to expend, the budget categories the allocation ��ill be expended under, and the emit`-responsible for maintenance and operation of the completed project. In accepting the Attachment "A" the DA is to complete an estimated budget showing the allocation distribution to design costs, staff costs, construction costs, etc. This breakdown may also include a contingency or inflation factor not to exceed 10% of the total activity allocation. B: Activin•Description The activity de_cription is fon arded to the DA as .attachment "B". The preparation of the project description, both preliminary and final, is the responsibility of the ECD Community Development Division. The Description should be specific enough for use as the scope of work funded by CDBG money in an RFP for architectural or engineering services or for a vendor in preparing a bid. It will contain, but is not limited to the following: -13 1. Title of Project/Activity 2. Activity Number 3. Specific site description 4. On-and off-site improvement description 5. Size of building 6. Fixtures list(such as stove, built-in equipment) 7. Water and sewer requirements 8. Utilities 9. Specific zoning and planning requirements 10. Specific uses of the site and/or building 11. Equipment 12. Functions Approval to change the projectlactivity description will come from ECD in the form of a revised Attachment "B" (and corresponding Attachment "A", if appropriate). ECD will complete the Attachments "A" and "B" and will send two copies each to DA for signature. Once signed and fully con'ipleted,they must be returned to ECD for the Director's signature. A copy of each will be returned to DA signifying authorization to proceed with actions outlined in the following section. III. Actions and Responsibilities A. Properr Acquisition The DA can pursue the acquisition of real property(and related relocation requirements, if necessary) through its jurisdil-lion or request the County's General Services Group Real Estate Services Department, hereinafter referred to as "RES", to handle the acquisition and/or relocation. If relocation is required, initiate 90 day notice to occupant(s). 1. If DA wishes to purchase the property, the following procedures should be followed: a. DA: Refers to HUD Handbook 1378 which implements the Uniform Relocation Assistance and Real Property Acquisition regulations including the Federal Relocation Assistance and Real Property Acquisition Policies Act of 1970, the Braithwaite Act of the State of California and any subsequent amendments to these acts and regulations. If relocation is required, the appropriate notices will be issued in accordance with the "Timely Notices" (49 CFR 24.203) provision of the Relocation Handbook 1378. b. DA: Obta -s required appraisals. C. DA: Reviews required appraisals and/or leases to determine if property can be acquired within the project allocation. d. DA: Sends all lease documents to ECD for approval. -14 e. DA: Sends any requests for adjustments of funds for property acquisition and/or relocation to the ECD Director for approval. f. ECD: Issues approvals in relation-to "d" above and sends them to DA. g. DA: Initiates lease or purchase. h. DA: Sends Request for Advance of Funds to ECD 10 working days prior to expected close of escrow, with all appropriate documentation - attached. 2. If DA desires to have RES handle Acquisition and/or relocation activities, the DA should follow this procedure: a. DA: Submits a letter to ECD requesting that RES handle the project/ activity,describing in detail what property is to be acquired, giving all pertinent information, and identifying who the DA contact person is to be. If relocation is required, initiate 90 day notice to occupant(s). b. ECD: Initiates appraisal process. C. RES: Obtains required appraisals. d. RES: Forwards appraisals to DA. e. DA: Reviews appraisals and/or leases to determine if property should be acquired and/or leased. Prepares and forwards request to ECD. f. ECD: Revie,.s request from DA, and forwards Authorization to Proceed to RES (note all leases and all adjustments in project allocation_ must be requested and approved by the ECD Director). g. RES: Initiates purchase or lease of property. If relocation is required, the appropriate notices will be issued in accordance with the "Timely Notices" (49 CFR 24.203) provision of the Relocation Handbook 1378. RES will work with the designated DA contact person throughout the acquisition/relocation process to assure that the DA is aware of the activities and can make any necessary decisions in relation to the activit'..'. B. Architect and/or Ensineer Selection 1. The usual procedure for the selection of an architect or engineer involves a Request for Proposal (RFP)for professional services, following this process: a. DA: Prepares an RFP for architectural,engineering,or other consultant services. -15 b. DA: Submits, prior to release all RFP's to ECD for review for contract compliance and consistency with Federal Title 24 CFR, Part 85 Section 85.36 (Procurement Standards). C. DA: Reviews RFP's for compliance with State, Federal, local and ECD regulations. Requests ECD for "Approval to Proceed to Issue RFP". - d. ECD: Issues to DA an "Approval to Proceed to Issue an RFP". e. DA: Advertises RFP, receives responses, interviews, requests ECD representation on selection committee and makes selection. f. DA: Notifies ECD of selection. Sends back-up documentation and draft contract to ECD. Requests ECD for "Approval to Proceed to Award a Consultant Services Contract". g. ECD: Reviews final contract for contract compliance and issues an "Approval to Proceed to Award a Consultant Services Contract". h. DA: Awards Consultant Services Cor.:ract. 2. Architectural and Engineering Services may also be negotiated u :er certain situations; i.e., obtained through a sole source procurement. This is an eligible alternative requiring the following steps: a. DA` Determines that the situation warrants sole source procurement and that such procurement will comply with requirements and criteria specified in Federal Title 24 CFR Part 85.36. (P:Dcurement Standards). b. DA: Selects architect, engineer or oth:r consultant. C. DA: Sends "Request for Approval to Proceed to Award a Sole Source Consultant Services Contract" to ECD explaining why the DA has chosen the consultant and why the competitive RFP procedure is not being used d. ECD: Reviews the request and approves or denies sole source procurement request based on explanation and'2ackup. e. ECD: Issues "Approval to Proceed to A%vard a Sole Source Consultant . Services Contract" authorization or denial of request. f. DA: Negotiates and awards the sole source contract. -16 C. Design Phase 1. DA: Monitors preparation of preliminary plans by architect. 2. DA: Notifies ECD of all public meetings with architect five working days before event. 3. ECD/ DA: Reviews and approves preliminary design. 4. DA: Secures all required permits and regulatory approvals. 5. DA: Reviews and approves plans and specifications, and obtains current Federal Wage Decision to include in the bid package. ECD keeps current copies which are available by request. 6. DA: Forwards construction bid package to ECD for review and approval along with request for "Approval to Proceed to Issue an Invitation to Bid for Construction Services". See Attachment "D" "Construction Contract Boilerplate", for the forms used in preparing bid packages. 1. ECD: Reviews and approves construction bid package for compliance with Federal and local regulations and forwards authorization to proceed with changes(if any)to DA. 3. DA: Secures plan check of plans and specifications from the appropriate Building and Safety Authority. D. Construction Phase 1. DA: Determines bid solicitation process permitted by CDBG requirements under Federal Title 24 CFR Par S5.36 (Procurement Standards), and County contracting regulations. Advertises invitation to bid and receives bids. 2. DA: Ten days prior to bid opening, DA makes telephone contact with ECD and requests updated Federal Wage Decision. ECD will send to DA the latest Wage Decision. If they are in any way different from those issued in the original bid package,DA will immediately forward latest wage decision to all bidding.contractors who, in turn, submit revised bids prior to the bid opening. 3. DA: Conducts bid opening and sends to ECD a copy- of the contract bid specifications including copies of the wage decisions in effect at bid opening. 4. DA: Reviews bid documents submitted by the low bidder to assure compliance with County Policy 11-15, if applicable, and 24 CFR 85.36(e)regarding the participation of minority, disadvantaged and women business enterprises (M\I,BE's)in the proposed construction contract. If DA has its own plan which meets the aforementioned requirements, it may use this plan for bid -17 document reviews. 5. DA: Submits the low bidder information and list of subcontractors to ECD and requests ECD for "Approval to Proceed to Award a Construction Services Contract". If adjustment of funds or project description is needed, the written request for reallocation of funds (revision of Attachment "A") or change in project description (revision of Attachment "B")should be sent at this time. Requests over 25% of project allocation, require approval by DA governing body in a public hearing. 6. ECD: Prepares revisions to Attachment "A" and/or "B" as requested. 7. ECD: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts. 8. ECD: Issues "Approval to Proceed" to DA. 9. DA: Approves the Affirmative Action Plan for contractors who: 1) have contracts with the Da during current fiscal year, or 2)employ ten(10)or more employees, or 3) bid work for more than$10,000. 10. DA: Insures completeness of contract documents prior to award of contract. Construction contracts must contain a copy of Federal Labor Standards, applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions. 11. DA: Awards Contract. 12. DA: Notifies ECD of pre-construction conference at least 12 days prior to event. 13. ECD: Notifies HUD of pre-construction conference at least 10 days prior to event. 14. DA: Conducts pre-construction conference (ECD attendance mandatory). ECD forwards Contract Compliance Instructions to prime contractor. 15. DA: Provides ECD with a copy of signed contract prior to start of construction. DA ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; regarding Equal Employment Opportunity, and restrictions on public buildings and public works projects before signing contract. 16. DA: Keeps an up-to-date record of all encumbrances and obligations, including staff costs incurred,to assure that the remaining balance of funds is known. 17. ECD/ DA: Ongoing observation and monitoring of projects. 18. DA: Conducts on-site interviews with employees regarding their wages. Sends copy of interviews to ECD. -18 19. DA: Receives from contractor, requests for progress payments accompanied by Weekly Certified Payroll, form WH-347, and any other documentation of expenditures and work accomplished. See Attachment "D-6" for form WH-347. 20. ECD: Receives from contractor, duplicate copies of Weekly Certified Payroll forms WITH ORIGINAL SIGNATURES. 21. ECD: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 22. ECD: Checks contractor's compliance with the approved Affinnative Action Plan. 23. DA: Submits to ECD once each month during the term of the construction contract, a report package containing: a. Request for Reimbursement and accompanying documentation. Payments on said requests are subject to complete compliance with Federal Labor Standards. 24. DA: Notifies ECD of all meetings regarding ECD projects, such as Design Conferences, Public Meetings, meetings with Community Development Advisory Commission, and DA at least five(5) working days before event occurs. 25. DA: Processes change orders and sends copy(ies)of change order(s)along with "Request for Approval of a Contract Change Order"to ECD. Notifies ECD of proposed changes in the list of subContractors(a) and submits "Request For Approval to Proceed" to add er delete subcontractor(s) from the approved list. 26. DA: Must obtain approval from ECD regarding all change orders prior to authorizing the contractor to proceed with said changes. 27. DA: Requests revisions to Attachment "A" or Attachment "B" as needed. 28. ECD: Revises Attachments"A"or"B"and issues "Approval to Proceed to Issue Change Order(s)"to DA. 29. DA: Notifies ECD of final inspections at least five (5) working days before inspection date. 30. DA: Attends final inspections(ECD attendance optional). 31. DA: Secures its governing body's acceptance of completed project and filing of Notice of Completion. -19 32. ECD: Monitors project progress and contract compliance and issues,as necessary, "Notice of Non-Receipt of Monthly Status Report" or "Notice to Submit Final Activity Costs" notices to DA. 33. DA: Takes necessary actions to comply with said notices. 34. DA: Prepares and submits "Notice of Completion" to ECD. 35. ECD: Conducts "Annual Certification of Use of Facilities". IV. DA must ensure compliance with the following regulations and statutes,as amended, in carrying out CDBG funded activities: A. Community Development Block Grant Regulations of the Housing and Community Development Act of 1974, as amended (24 CFR 570) B. Applicable Uniform Administrative Requirements. 1) Office of Management and Budget Circular A-87. 2) Office of Management and Budget Circular A-128. 3) 24 CFR Part 85. C. :applicable uniform Administrative Requirements For Subrecipients that are not Governmental Entities. 1) Office of Management and Budget Circular A-110. 2) Office of Management and Budget Circular A-122. 3) 24 CFR Part 84. D. Federal Labor Standards Compliance Handbook'.No. 1344.1 REV-1 including: 1) Davis-Bacon Act(40 U.S.C. 276a to a-7). 2) Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330). 3) Copeland Act(18 U.S.C. 874) E. Equal Employment Opportunity Requirements of Executive Order 11246, as amended. F. Environmental Protection Agency Regulations (40 CFR Part 1500-1508). G. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) H. Archaeological and Historic Preservation Act of 1974. I. Rehabilitation Act of 1973, as amended. -20 J. Americans With Disabilities Act. K. Clean Air Act(42 U.S.C. 7401 et seq) L. Clean Water Act(33 U.S.C. 1368). M. Section 3 Regulations of the Housing and Urban Development Act of 1968, Title 24 CFR, Part 135 (12 U.S.C. 1701u). N. Title VI of the Civil Rights Act of 1964,as amended (42 U.S.C. 2000d et seq). 0. Fair Housing Act(42 U.S.C. 3601-20). P. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601-4655). Q. Hatch Act. R. Lead Based Paint Poisoning Prevention Act(42 U.S.C. 4831(b)). WORDINN DOC&DELEGATE AGENCY.00 DAGEXCY AGT.DOC il21l00 U -21 Community Services Department Staff Report CITY COUNCIL ITEM MEETING DATE: MAY 25, 2000 SUBJECT: APPLICATION TO THE DEPARTMENT OF CONSERVATION (DOC), DIVISION OF RECYCLING PURSUANT TO SECTION 14581 (A) (4) (A) OF THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT. NO FUNDING REQUIRED BACKGROU\M: The Department of Conservation (DOC) is required to distribute a total of$10,500,000 to eligible cities and counties for beverage container recycling and litter cleanup activities. The amount allocated is based upon the population of the City of Grand Terrace, as stated in the Annual Demographic Report submitted to the Governor of the Department of Finance. The total amount of funds available to the City of Grand Terrace is $5000 for a California Beverage Container Recycling Program. These funds will be managed by the City of Grand Terrace. The City of Grand Terrace will develop and implement a program that meets the criteria set forth by the DOC. The program will have a primary emphasis on the collection of recycling of beverage containers at city parks, community clean up events, and schools. RECONI TN ENDATION: That the City Council: 1. ADOPT A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA SUBMITTING A FUNDLNNG REQUEST FORM TO THE DEPARTMENT OF CONSERVATION FOR PROGRAMS CONSISTENT WITH THE CALIFORNIA BEVERAGE CONTAL`"ER RECYCLING AND LITTER REDUCTION ACT; and ?. Authorize Staff to submit the necessary forms. FISCAL IMPACT: The Citv will receive grant funds totaling $5,000.00. COUNCIL AGENDA ITEM NO J RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA,SUBMITTING A FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION FOR PROGRAMS CONSISTENT WITH THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT WHEREAS, the people of the State of California have enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter reduction cleanup activities; and WHEREAS, the California Department of Conservation's Division of Recycling has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures for cities and counties or their designee under the program; and WHEREAS, per Section 14581 (a) (4) (E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due date and time in order to request funds from the Department of Conservation's Division of Recycling; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace, does hereby authorize the submittal of the Funding Request Form to the Department of Conservation's Division of Recycling. The Assistant City Manager is hereby authorized and empowered in the name of the City of Grand Terrace all necessary forms hereto for the purposes of securing payments and to implement and carry out the purposes, specified in the Section 14581 (a) (4) (A) of the California Beverage Container Recycling and Litter Reduction Act and provide information regarding this program to the Division upon request. PASSED, APPROVED AND ADOPTED this 25`" day of May, 2000. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace 1 I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2000- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 251h day of May, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: City Attorney 2 i DEPARTMENT OF CONSERVATIONGuidelines for City and CountyAnnual Payments Division of Recyclin Pursuant to Section 14581(a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, the Department of Conservation's Division of Recycling (Division) is required to distribute a total of $10,500,000 to eligible cities and counties for beverage container recycling and litter cleanup activities. `Eli- ible:Partici yams,�= For the purposes of these guidelines, each of the entities mentioned below shall be an 'eligible participant: 1) Individual cities and counties, 2)two or more cities and/or counties working together with one lead jurisdiction acting on behalf of the team, and 3) cities and counties participating in a Joint Powers Authors,--, (JPA) may designate the JPA to act in their behalf, if the JPA Agreement includes recycling of beverage containers. _ _;Y,yi_ = How Mucfi_Wilf=Eacfi Ci -and Couri Each city may receive a minimum of$5,000 or an amount calculated by the Division, per capita based, whichever is greater. Each county may receive a minimum of$10,000 or an amount calculated by the Division, per capita based, whichever is greater. The per capita amount calculated by the Division, is based upon the population of the incorporated areas of a city or city and county and the unincorporated area of a county, as stated in the Annual Demographic Report submitted to the Governor by the Department of Finance. Re" uestin Funds - _ Each year, the Division will provide to each city and county a Funding Request Form. The Funding Requ;' Form will specify the amount of funds your city or county is eligible to receive based on the criteria above. It is the responsibility of the cities and counties that are designating a lead jurisdiction or JPA to provide those entities with these guidelines and Funding Request FQrm. Eligible participants must complete one Funding Request Form for each city and/or county. The eligible participant must provide the following information on the Funding Request Form: • A description of the beverage container recycling and/or litter reduction activities for which the funds will be expended; • An estimate of the expenses, by applicable expense category, for each activity or activities; • If applicable, the location(s)where the beverage container recycling and/or litter reduction activities will occur, ♦ An indication whether the city or county has prohibited siting of a supermarket site recycling center, caused a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site within its jurisdiction; • Indicate if the eligible participant has received funds from the Division's Grant Program, providing the year the Grant Funds were received; ♦ A contact person, phone number and fax number of a representative responsible for this program; and, • The Funding Request Form must be signed by the authorized representative that will be responsible for the expenditure of funds received from the-Division indicated on the eligible participant's resolution. Guidelines • and County • 'Payments - -- _;-`> Each eligible participant must submit along with the Funding Request Form, a resolution identifying the individual authorized by the eligible participant to receive and expend funds received from the Division, and carry out required activities under this program (a sample resolution is attached). Two or more cities and/or counties teams with one designated lead jurisdiction must provide in addition to the above mentioned resolution, a resolution from each of the participating jurisdictions authorizing the lead applicant to act on their behalf as the primary contact and stating that the - jurisdiction elects to participate jointly and authorizes the lead jurisdiction to act on their behalf as the primary contact Designated JPAs must also provide in addition to the above mentioned resolution; a copy of a Joint Powers Authority Agreement, showing the inclusion of beverage container recycling and a copy of the resolution from each of the participating jurisdictions authorizing the JPA to act on behalf of the jurisdiction as the primary contact. Funding Request Forms must be received by the Division by May 31, 2000. Completed Funding Request Forms should be mailed (registered mail preferred)to: Division of Recycling, Industry Services Branch, City/County Payments, 801 K Street, MS 15-59, Sacramento, CA 95814 Or, Funding Request Forms may be submitted electronically. To receive an electronic Funding Request Form, please contact the Division at(916) 327-7361. NO ,�ys '`-FIIAli1lQ`Af►�IVi+ise iww.Cv SJ:a:: -3t l�.a -� _-- -.-v,o:<� '_�sn:Ell .Yc.�?.VIA LAE/GIYILL lC�7i f Vrfd The eligible participant must provide on the Funding Request Form a description of an actMty(ies) that meets one or more of the following criteria: ♦ The activity has a primary emphasis on the collection and recycling of beverage containers at large venues, public areas, residential communities or schools; ♦ The activity has a primary emphasis on public education promoting beverage container recycling and/or litter prevention; or ♦ The activity has a primary emphasis on beverage container litter prevention and/or abatement in public places including community clean-up projects or other related activities involving the recycling of beverage containers. Pursuant to Section 14581 (a)(4)(C) of the Public Resources Code, these funds may not be used for activities unrelated to beverage container recycling or litter reduction. The Division encourages the inclusion of the following statement for any news media, brochures, articles, seminars, or other type of promotional or educational material (including recycling bins): 'This project is (partially)funded by the Department of Conservation, Division of Recycring.' For prior approval of publications or pro motional/educational material, please contact the Division at (916) 327-7361. Guidelines for City and County Annual Payments .• :ncliTire;of:Furias�c'ontinu d '�-}- _The Division may provide free recycling stickers to adhere on recycling bins, or other promotional items. Interested parties may contact the Division at (916) 327-7361. menu The Division will make annual payments, based upon a fiscal year beginning July 1st of each year. The Division will issue payments to each approved city or county, on or near June 30th of the respective fiscal year. Payments will not be made if- The eligible participant fails to provide accurate information on the Funding Request Form by the due date; _ ♦ The eligible participant fails to notify the Division with in thirty (30) days, if there is a discontinuation of operations, or other material change in the operations and/or implementation of the activities specified by the city, county or designee on the Funding Request Form; or, • The eligible participant fails.to engage in the activity specified on the Funding Request Form prior to the end of the funding cycle (June 30th of each year). The Division may withhold payment if the city, county or its designee has prohibited the siting of a supermarket site recycling center, caused a supermarket site recycling center to close its business, or adopted a land use policy that restricts or prohibits the siting of a supermarket site recycling center within its jurisdiction. :Recoed,Kee p in - - _..._ __._._ w.. �. z, _:u: --• ;� _ Each eligible participant which receives funds under Section 14581(a)(4)(A) and these guidelines, shall maintain documentation of the actual amounts expended, by applicable category of expense, for the operation of the beverage container recycling and/or fitter reduction activities specified on the Funding Request Form for each funding cycle. These records shall be maintained in accordance with Title 14, Division 2, Chapter 5,.Section 2085 of the California Code of Regulations. DEPART m..-roF For questions regarding city or county annual payments,-please j COMERvxnON contact the Industry Services Branch at (916) 327-7461. ® ►,di of a DEPARTMENT Or- CONSERVATIONCity/County Division of IFY 199912000 ♦ Recycling City or County Name Eligible Funding Amount Funding Cycle Grand Terrace $5,000 FY 1999/2000 Entity Submitting this form(i.e.City, Lead Jurisdiction or JPA) Mailing Address City State Zip Contact Person Telephone Fax No. Recycling and/or Litter Reduction Activities: To qualify to receive funds,each adivity listed below must meet one or more of the following criteria: (1) Primary emphasis is collection and recycling of beverage containers at large venues;public areas,residential communities or schools. (2) Primary emphasis is public education promoting beverage container recycling and/or litter prevention. (3) Primary emphasis is beverage container/litter abatement in public places including community clean-up projects or other related activities involving the recycling of beverage containers. Please list1describe each beverage container recycling and/or litter reduction activity for which the funds will be expended: 1 Develop and implement a beverage container recycling program at three public schools located within the City of Grant Terrace which includes the distribution of beverage recycling receptacles, technical assistance, educational material, and an incentive Drogram_ 2 Design and produce an educational brochure and fliers to promote beverage container recycling and litter reduction. 3 Develop and implement a beverage container recycling program at the two community cleanup events and two community narkG _ • Has your city/county prohibited the siting of a supermarket site recycling center? ❑ YES ❑ NO Has your city/county caused a supermarket site recycling center to close its business? ❑ YES ❑ NO Has your city/county adopted a land use policy that restricts or prohibits the siting of a supermarket site recyding center within its jurisdiction? ❑ YES ❑ NO • Has your city/county received funding from the Department of Conservation, Division of Recycling's Grant Program? ❑ YES ❑ NO If yes, which year? THE SUBMISSION OF FALSE INFORMATION WITH INTENT TO DEFRAUD IS A CRIME PUNISHABLE BY SUBSTANTIAL FINES, UP TO THREE YEARS IMPRISONMENT, OR BOTH. KNOWING MS,1 CERTIFY UNDER PENALTY OF PERJURY THAT THE FACTS REPRESENTED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Representative Authorized to Expend Funds(Named on Resolution): Date / I2000 City or County Name Return this form by May 31, 2000 to: Division of Recycling, Industry Services Branch, City/County Payments, 801 K Street, MS 15-59, Sacramento, CA 95814. Page 1 of 2 DEPARTI�NT OF -ques j CONSERVATIONFY 199912000 • Division of ORecycling The City of Grand Terrace Total Funds Available: $5,000 Provide estimated funding amounts, by expense category for each beverage container recycling and/or litter reduction activity listed on the front of this form: • • • - 1 School Pro ram $2 000 2 Educational/Materials __ $L-000 3 Community Cleanup/Parks $2, 000 Total Estimated Expenditures: s5 . 000_ Questions regarding this form should be directed to the Industry Services Branch (916) 327-7361. DOR 521M Page 2 of 2 CITY OF GRAND TERRACE Historical & Cultural Activities Committee M AY 15 2000 Minutes for May 1, 2000 CITY CLERK The meeting was called to order at 7:05 p.m. by Chairman Pauline Grant. Those present were Pauline,Hannah Laister,Colleen Edmundson,Shelly Rosenkild,Tracey Martinez,Judy McBride and Ann Petta. The Secretary's'Report for April was read and approved on motion by Colleen, seconded by Ann. The Treasurer's Report was the same as April, $923.84 in the Budget and $90.75 in Petty Cash. Dick Rollins came in and donated a sandwich board that he had to the Committee. We certainly . thank him for his gift. Historical Report: Ann is making a list of people she will contact. Shelly reported that the press release asks for old pictures, stories, etc. Art Show:Ann gave Tracey a memo including a list of the things we will need and other instructions for City people to do for us (copy attached). This memo also went to Brenda Stanfill and John Donlevy. Saturday we will be taking pictures, etc. from 1-3 p.m. and hanging from 7-9:30 p.m. Shelly will get balloons, Judy ingredients for punch, Colleen water. New Business:New member-:applications for our vacancy were received from Barbara Tinsley and Peggy Reagan. Vote was taken. There were 5 votes and 1 abstention for Barbara Tinsley. It was felt that Peggy Reagan would better sen-e on another Committee. The Secretary presented this to the City Council for their approval. The next meeting will be June 5, 2000. The meeting was adjourned at 8:10 p.m. Respectfully Submitted, Hannah Laister Secretary COUNCIL AGENDA ITEM NO-, 1:4 i�,' fh • - lwv IQ ,�� U I /1 ►'J lac — S,,nJCLL lo �rc.r��� � ��,, .► M � k c J rt+�+da - A r� ACI - ccr�Ens S`� u -- .3 hoes Er.C�csF CQn Bo-CL d (l.' l -�I1 Ar4 ri r '- f J �- ' A ,r Con cil t;: r ! l� 4 b k � �: h F n � C17 �� rs• . e Sc-.4 p in Air L0rOe c t 1 �u�� 1© n ; ►'1 arre w 4aLle _ CC-l')+erej n E c,r `� 7 , l -- Ac 1 �' ✓ice LL V tea. ,J Call n �Ch'lmccn� cCrn. �, Cc�SE� LUE ►^Iee.1 tc h4n J L-k n� ,J pc��'n �- �n5� c •, ��e uIcIlj , J �- • E ncic-sE fl o4s s� ou.'t'n ScrErh J P �c cerneri cc nn P )e Lz.� e- re�urn 40 Mr - U- Cc in in zr, r l�� r Oil y C� U Y'c, 1r'i f. et 4t'r r C,17 re r^. -7 N(. T. G / Y' ,c I rr. G I J C{CCi-S -tor LkS lJf J _ CITY OF GRAND TERRACE CITY OF GRAND TERRACE CRIME PREVENTION COMNUTTEE MAY 0 y 2000 Regular Meeting MINUTES CITY CLERK APRIL 10, 2000 The Grand Terrace Crime Prevention Committee met for the regular monthly meeting at the Senior Center, Grand Terrace, California at 1800 hours. MEMBERS PRESENT: Philomene Spisak, Chairperson, JoAnn Johnson, Claire McElwee, Lewis Neeb and Dick Rollins. MEMBERS ABSENT: Bitsy Bernor and Dottie Raborn CITY STAFF/ SHERIFF'S DEPT. Tanya Cahill, Community Services Officer (no representative from the Sheriff's Dept.) GUESTS PRESENT: Bob Stewart, Citizen Patrol member. AGENDA: The agenda was read by the members present with Claire McElwee making the motion to accept and Jo Ann Johnson making the second. The motion was carried. `�- MINUTES: The minutes of March 13,2000 were distributed to the members present for their approval. Lewis Neeb made the motion to accept the minutes as written with Claire McElwee making the second. The motion was carried. CORRESPONDENCE: There was no correspondence sent to the Committee for this meeting. BUDGET: The current budget being reviewed Rill be replaced by a new budget as determined by the City Council for the new fiscal year starting July 1,2000. The Chairperson advised we review the budget for this year and make any additions or deletions as may be necessary for the year 2001., UNFINISHED BUSINESS: There having been no unfinished business to discuss the Chairperson went on to discussion on new business. NEW BUSINESS: 1. Tanya Cahill reported and updated the program for the celebration of Grand Terrace Days scheduled to begin on June 10". advising that she had been unable to locate any marching bands for the parade and that she had gone to considerable research and calling attempting to locate any available bands . There still might COUNCIL AGENDA ITEM N0.5QC� be a chance'to obtain the Colton High School Band although the band will have completed their school term at the time of the parade. We were advised that the Shriners demonstration team were all booked up nor was the Salvation Army Band available for that time. 2. Chairperson Philomene Spisak stated that no new applicants have made a request to become a member of the Committee which leaves the alternate member position still open. 3. Lewis Neeb reported that 379 hours of patrol time had been reported for the month of March with a total thus far for this year of 1,185 hours logged. No outstanding circumstances had been recorded by the Patrol to the Sheriffs Dept. for the month of March, indicating that things are mosth normal in Grand Terrace. There being no further business to discuss, the meeting was adjourned 1905 hours. Respectfully submitted, RICHARD ROLLINS Recording Secretary ctry �ho�R Community Services Department Staff Report COUNCIL ITEM (XX) MEETING DATE: MAY 25, 2000 SUBJECT: ADMINISTRATIVE CITATION PROCESS: ORDINANCE NO FUNDING REQUIRED BACKGROUND: The City of San Jose is the founding organization who adopted the Administrative Citation process in 1994. They continue to use this process. The City of Azusa is a front runner in Southern California, having adopted this process in 1997 to improve efficiency and effectiveness while reducing costs. Staff is requesting that the City Council approve this procedure as a means of streamlining existing processes and allowing for a more flexible means of enforcing the municipal code,outside the court process. DISCtiSSIOti The difference bethveen the Administrative Citation Process and the City's current procedures is two fold: fast - the flexibility of issuance is greater, in that persons other than PC 832 certified individuals may issue the citation (ex. Building Inspectors could issue code violationsicitations as an administrative civil penalty). Secondly, the process adds a step prior to taking the case to court. Currently, citations issued are misdemeanor violations. which require a court hearing. -,hereas the administrative violation issues an administrative civil penalty and the process places a hearing process prior to actually taking the issue before a judge. The Administrative Citation Process is as follows: 1. When a Code Enforcement Officer, or any other designated City official. observes a municipal code violation; they may issue an Administrative Citation to the violator. The enforcement officer must include in the citation: the municipal code section that is being violated along with any penalties or fines owed to the City for violating the code, and establish a reasonable correction period, which shall not be less than ten(10)days. ?. If the violator presents proof of correction of the violation within the correction period, the penalty is immediately voided. 3. Any person who has not corrected the violation and is ordered to pay an administrative penalty for violating the code. 4. Persons ordered to pay a penalty may request an administrative hearing before a City hearing officer. Typically.City's utilize services which utilize retired judges or judicial officers. COUNCIL AGENDA ITEM NO. j Administrative Citation Process- Ordinance Agenda Report- May 25, 2000 Page 2 of 2 Following the hearing on the violation, the hearing officer determines that a violation has occurred and/or is continuing to occur, the officer shall make a written order affirming the administrative penalty. The order further informs the violator of their right to appeal the order within twenty(20)days to the municipal court. All costs of the hearing process shall be charged to the violator along with all administrative penalties. Should any appeal be successful and the violation determined to be invalid, no cost shall be charged. COLLECTION OF PENALTIES Administrative penalties are a fee payable to the City and subject to all remedies for debt collection as allowed by law. Penalties unpaid involving real property are recorded as a lien against the real property involved and may also be recorded with the San Bernardino County Auditor Controller's office and placed on the tax rolls for collection,without further notice. Administrative penalties that are not associated with real property may be recorded with the San Bernardino County Recorder's office as an unsecured lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Offset Program'. Unsecured liens shall be subject to all other means of debt collection allowed by law. KEY ASPECTS TO CONSIDER ♦ The administrative process will streamline our procedures and decrease the time frame for compliance. ♦ This program «ill allow us to collect any penalties due without bogging down the court s-N-stem. ♦ Any designated official can issue an administrative citation when a violation is observed. ♦ The City may still initiate a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this ordinance. RECO'LNIEN'DATION: That the Cite Council: 1. Conduct a Public Hearing relative to the adoption of the Administrative Citation Process for the City of Grand Terrace; and 2. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING CHAPTER 1 OF THE GRAND TERRACE MUNICIPAL CODE PERTAINTIG TO ADtiiINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION, ENFORCEMENT, ADMI'v-IATRATIVE REVIEW AND COLLECTION OF PENALTIES FOR VIOLATING PROVISIONS OF THE GRAND TERRACE NILNNICIPAL CODE. FISCAL IMPACT: The process will eventually create cost savings through the elimination ol7court costs related to the code enforcement process. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING CHAPTER 1 OF THE GRAND TERRACE MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION, ENFORCEMENT, ADMINISTRATIVE REVIEW AND COLLECTION OF PENALTIES FOR VIOLATING PROVISIONS OF THE GRAND TERRACE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the Grand Terrace Municipal Code is hereby amended adding Chapter 1.20 to read as follows: 1.20.010 ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THIS CODE - Every violation of a provision of this Code defined as an "infraction" or "misdemeanor" in Section 1.16.010 of this Code shall be subject to an administrative civil penalty,and Administrative Hearing Costs,if any, as set by separate resolution of the City Council per day for each offense. Said penalties may be charged in addition to or in lieu of any other penalty imposed by this Code and shall be cumulative for each subsequent day after notice has been provided as set forth herein. 1.20.020 EVIPOSITION OF ADMINISTRATIVE PENALTIES-Whenever any peace officer authorized to enforce the provisions of this Code finds that a provision of this Code has been violated,he or she shall notify the violator in writing of the violation and inform the violator of the penalty or fine owed to the city for violating the Code. If the violation pertains to building, plumbing,electrical or other similar structural or zoning matters that do not pose an immediate danger to health or safety the written notice shall describe the violation and establish a reasonable correction period or schedule, which shall not be less than ten(10)days. If the violator presents proof of correction of the violation to the Community Services Department within the correction period, the penalty shall be avoided. 1.20.030 PERSONS SUBJECT TO PENALTIES - Property owners, property managers, tenants, lease holders, guests. parents and or guardians of a juvenile,or other person cited for violation of this Code shall be jointly liable for penalties imposed under this Chapter. -1- 1.20.040 CONTENT OF VIOLATION NOTICE - All violation notices imposing an administrative penalty shall contain the relevant Municipal Code sections for which an administrative penalty is being imposed along with a brief description of the violation, the amount of the administrative penalty, the location of the violation, the date the violation was first observed, the name and address of the property owner of record as determined by the latest San Bernardino County Tax Assessor Roll data (if the violation pertains to any real property),and/or the name and address of any other person(s)determined by the enforcing officer to be responsible for any violation of the Municipal Code. The notice shall also contain the final date by which an appeal may be filed, where the appeal may be filed, and the cost of the Administrative Hearing should the appeal be ultimately denied. The notice referred to in this section shall be in substantially the following format: NOTICE OF ADMINISTRATIVE PENALTY FOR VIOLATION OF THE GRAND TERRACE MUNICIPAL CODE This notice is to inform you that on , 20_, at [location] you violated section of the Grand Terrace Municipal Code by [description of violation]. The Code, the penalty for this violation is $ [However, because this violation pertains to building, plumbing, electrical, or other similar structural or zoning violation,you may avoid paying the penalty if you correct the violation, and present proof of the correction to the Community Services Department within days.] You must pay the penalt-y for this violation within 10 (ten) days from the date of this notice. If you fail to timely pay the penalty,the City will initiate collection procedures against you in any manner permitted by law. If you contest this penalty, you may request a hearing by providing a written explanation to the Community Services Department as to why the violation is being contested. The City will thereafter review your explanation and either schedule an administrative hearing under section 1.20.070 of the Grand Terrace Municipal Code, or withdraw the penalty. Dated this day of , 20_. (Title) Authority: Grand Terrace Municipal Code Chapter 1.20. -2- 1.20.050 SERVICE OF NOTICES - Service of notices required under this Chapter shall be made by the following means: A. By personal service on the violator(s)in the same manner as a summons in a civil action; or, B. By registered United States mail. Service shall be complete at the time of deposit into the United States mail. 1.20.060 REQUEST FOR HEARING - Any person who is ordered to pay an administrative penalty for violating this Code may request an administrative hearing before a city hearing officer by providing a written explanation to the Community Services Department as to why the violation is being contested. Upon filing a request for hearing, the appellant shall be given a hearing date of not less than 7 or more than 30 days from the date of filing an appeal. 1.20.070 HEARING PROCEDURES-All hearings held pursuant to this Chapter shall be recorded by audio-recording device unless the City chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence,but shall not be sufficient in and of itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. The hearing officer may at his/her discretion continue a hearing from time to time should a continuance be deemed necessary. 1.20.080 DECISION OF HEARING OFFICER - Following the hearing on the violation,the hearing officer shall consider all evidence and determine whether a violation of the Code has occurred and/or continues to occur. If the hearing officer determines that a violation has occurred and/or is continuing to occur, he or she shall make a written order affirming the administrative penalty. Said order shall set forth findings supporting the order. The order shall further inform the violator of his/her right to appeal the order within 20 days to the municipal court. All written orders of the hearing officer shall be made by First Class United States Mail and shall allow a minimum of 3 working days from the date of mailing for delivery before the time in which an appeal to the -3- municipal court may be made begins to run. 1.20.090 HEARING OFFICER COST TO BE ADDED TO ADMINISTRATIVE PENALTIES-Upon the filing of an appeal,the appellant shall be charged the cost of the Hearing Officer in an amount which shall be set by separate Resolution of the City Council and added to the administrative penalty should the appeal be denied. Should the appeal be successful, and the violation determined to be invalid, no cost shall be charged. 1.20.100 ALTERNATIVES - Nothing in this Chapter shall prevent the City from initiating a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this Chapter. 1.20.110 COLLECTION OF PENALTIES-Administrative penalties shall be a debt to the City and subject to all remedies for debt collection as allowed by law. When a violation involves privately owned real property and the administrative penalty is unpaid within the prescribed time,the amount of the penalty shall be recorded as a lien upon and against the real property involved without further hearing. Penalties involving real property may also be recorded with the San Bernardino County Auditor Controller's Office and placed on the regular tax rolls for collection in the same manner as an Ad Valorem Tax without further hearing. Administrative penalties that are not associated with real property and unpaid within the prescribed time may be recorded with the San Bernardino County Recorder's Office as an Unsecured Lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Offset Program" pursuant to Section 12419.10 of the California Government Code without further hearing. Unsecured liens shall be subject to all other means of debt collection as allowed bN• law. Unpaid administrative penalties shall be a misdemeanor for which the violator may be prosecuted. Section 2. If any provision or clause of this ordinance is held invalid,such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of the Ordinance are declared to be severable. Section 3. This Ordinance shall be in full force and effect at 12:01 a.m. on the 3 V day of its adoption. Section 4. The City Clerk shall cause this Ordinance to be posted in three (3)public places within fifteen (15) days of its adoption as designated for such purpose by the City Council. -4- Section 5. First read at a regular meeting of the City Council of said City held on the 25'day of May,2000 and finally adopted and ordered posted at a regular meeting of said City Council on the 8`h day of June, 2000. PASSED, APPROVED, and ADOPTED this 8' day of June, 2000. Mayor of the City of Grand Terrace and of the City Council thereof. Attest: Brenda Stanfill, City Clerk I,Brenda Stanfill, City Clerk of the City of Grand Terrace. California,do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 8'day of June, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: John Harper, City Attorney -5- Section 8.34.040 Procedures for Imposition of Fees. Fees for special security assignments as authorized by Section 8.34.030 shall be imposed, in the manner provided in this section. A. For all violations of Section 8.34.030 where substantial evidence in support of a violation exists, and a special security assignment occurs, the Finance Director shall issue written notice of fees imposed in accordance with contractual and service related costs as adopted by the City Council. The written notice shall be served on the person responsible for the party and the owner, if different. The notice shall specify the facts which, in the opinion of the Finance Director, constitute substantial evidence to establish grounds for imposition of the fines, and specify that the fines are effective thirty(30)days. from the date the notice is given unless an appeal is filed in writing before the fine becomes effective. B. If the person responsible for the event appeals the fine within the time specified in subsection(A),the City Clerk shall serve written notice to the person responsible and to the owner, if different,by first class mail,of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen(15)days,nor more than sixty(60)days,from the date on which notice of the hearing is served by the City Clerk. The City Manager may preside over the hearing or may designate a Hearing Officer to take evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence. The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final. Section 2: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31" day of its adoption. Section 3: PostinQ: The City Clerk shall cause this Ordinance to be posted in three (3)public places within fifteen (15) days of its adoption, as designated for such purpose by the city Council. Section 4: First read at a regular meeting of the City Council of said city held on the 11t'day of May 2000 and finally adopted and ordered posted at a regular meeting of said City Council on the 250' of May 2000. ATTEST: City Clerk of the City of Grand Terrace Mayor of the city of Grand Terrace and and of the City Council thereof. of the City Council thereof. I, BRENDA STANFILL, CITY CLERK OF THE City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of City council of the city of Grand Terrace held on the day of_2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Brenda Stanfill Approved as to form: City Attorney John Harper ORDINANCE NO.- AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE GRAND TERRACE MUNICIPAL CODE BY ADDING PROCEDURES FOR THE COST RECOVERY OF LAW ENFORCEMENT AND MUNICIPAL SERVICES AT LARGE PARTIES, GATHERINGS, EVENTS OR LOUD AND UNRULY ASSEMBLAGES ON PRIVATE PROPERTY. WHEREAS, the increasing demands on public services have required agencies to begin implementing programs which shift costs for events held on private properties from that of the general public to the private property owners and persons responsible for generating events; and WHEREAS, there arises, on occasion, large parties, gatherings, events or loud and unruly assemblages which require law enforcement and municipal services to be dispatched to control disruptions to the public peace,health, safety or general welfare; and WHEREAS, these types of dispatches represent special services requiring additional personnel and/or services than would normally be provided; and WHEREAS, the responsibility for paying for such special services should be born by the persons responsible for the occurrence and not the general public; and WHEREAS, several other jurisdictions have adopted procedures for the cost recovery of those special services which have been provided for controlling the disturbance and restoring the public peace, health safety and general welfare at the location of the disturbance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1: A new Chapter 8.34- Offenses against Public Peace and Decency is added to read as follows: Section 8.34.010 Purpose: The purpose of this Chapter is to establish a procedure for the cost recovery of the costs incurred for special security assignment and municipal services at large parties, gatherings, events or loud and unruly assemblages which require law enforcement and municipal services to be dispatched to control disruptions to the public peace, health, safety or general welfare. Section 8.34.020 Definitions: For the purposes of this chapter, the following definitions shall apply: "Large party, gathering, event or unruly assemblages" means a group of persons who have assembled or are assembling for a social occasion or for a social activity. "Owner"means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the private property. COUNCIL AGENDA ITEM NO, A "Person responsible for the event" means the owner of the property where the large party, gathering or event takes place, the person(s) in charge of the premises and/or the person(s) who organized the event. If the person responsible for the event is a minor, then the parents or guardians of the minor will be jointly and . severally liable for the fines imposed for the special security assignment. "Premises"are private properties which are utilized for business, industrial, public and/or residential uses. "Special security assignment" means the 'assignment of law enforcement and municipal personnel in response to calls after the distribution of a written warning that a large party, gathering or events violates the law. Section 8.34.030 Fees for the use of sheriff or municipal personnel at large parties, gatherings, events or loud and unruly assemblages When any large parties, gatherings, events or loud and unnily assemblages occurs or is held, and it is determined that there is a disruption to the public peace, health, safety or general welfare, the person in charge-of the premises and/or the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of the minor, will be held jointly and severally liable for the cost of providing law enforcement and municipal personnel for special security assignment over and above the services normally provided by the City. The law enforcement and municipal personnel utilized at the site during a second response after a first warning is issued to control the disturbance to the public peace,health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include costs of personnel, equipment, contractual costs, damages to City property and/or injuries to City or Sheriff personnel. The charges assessed will be the actual cost of service for controlling the disturbance and restoring the public peace, health, safety or general welfare at the location of the disturbance which is consistent with the current rate being charged to the City by the Sheriff's Department and the hourly and equipment costs incurred by the City. In addition, charges for damage to public property shall be determined by an official written estimate.from the Department of Public Works for the City of Grand Terrace. The City reserves its legal option to elect any other legal remedies when deemed necessary. When a second response to a loud or unruly assemblage by Sheriff personnel is necessary. the Sheriffs Department is to provide the City with a copy of the first and second response notice issued at the disturbance with all applicable information completed. This information must include the number and type of Sheriff units used to control the disturbance. The City will, when approved for implementation, bill the responsible party or parties, for costs of providing the special security assignment,plus an additional twenty-five percent(25%)of the actual costs for administrative overhead to process the bill and collect the charges. Failure to pay the charge, as billed by the City, shall be deemed a violation of this article. Community Redevelopment Agency of the City of GRAND TERRACE :: :, : .. a C.1Tf it(iMD TE CRA ITEM(X) COUNCIL ITEM( MEETING DATE:May 25. 2000 AGENDA ITEM SUBJECT: AUTHORIZATION FOR PURCHASE AND INSTALLATION OF AIR CONDITIONING UNIT IN COMPUTER ROOM FUNDING REQUIRED XX (NOT IN FY 99-00 BUDGET,REQUIRES AN APPROPRIATION OF UNRESERVED GENERAL FUND BALANCE) NO FUNDING REQUIRED Our Novell network server is currently housed in a room off the Finance Department, along with switches, a band printer and other office equipment. Our network equipment runs 24/7. The room is approximately 9' X Wand runs along the east-outside wall. The east wall is brick that retains heat. Temperatures in this room reach over 120 degrees in summer when the air conditioning is turned off at night and on the weekends. A 2' fan operates continuously and is inadequate to cool this room when the outside temperature rises and the building air conditioning is turned off. The air conditioning is set to go off at 5:30 PM and does not operate on the weekends unless by special request. The City has recently made an investment in server computers and switches that are housed in this room . Staff would like to house more network equipment in this room however, the excessive heat in this room would be a major problem. With summer corning very soon, this is an important issue. Staff would also like to secure this room during working and hours non-working hours for ob,,ious security reasons. This is currently impossible due to the high temperatures in this room. Our building air conditioning system cannot cool this room by itself. The entire Zone 5 area(east side of building)would have to be cooled in order to service this room with air conditioning, which would not be cost effective. I of 2 i COUNCIL AGENDA ITEM NO. Community Redevelopment Agency of the City of GRAND TERRACE Therefore, Staff would like to protect the City's investment in computers by having a separate and independent air conditioning system installed for this room. The compressor would sit outside the building on the other side of the room wall with two holes drilled to the outside of the building for electrical and the condenser services. Bids were received from two contractors plus a portable unit was considered: A-Z Heating&Cooling $5,530 plus permits MA Ogg Heating& Air Conditioning $5,934 plus permits Air Pac Portable Air Conditioner $5,000 plus installation In addition, a closet in Building and Safety building housing a network switch also has a heat problem. This can be cooled with a premium exhaust fan and can be done at the same time at an estimated cost of $250. Therefore, the total cost is estimated at $6,850, including a 10% contingency factor. This cost is an overhead cost of which approximately 60%will be cost allocated to cost centers in all funds at the end of the fiscal year. Staff Recommends that Council 1) Approve City Hall air conditioning improvement projects in computer room and network closet. 2) Appropriate.$6,850 from undesignated, available, General Fund Balance for City Hall computer facilities for FY 1999-2000. 2 of 2 l 2-12.99 PROPOSAL FROM TO A TO Z HEATING &COOL.LNG CITY OF GRAND TERRAXE 14436 CHOLLA DR. 22795 BARTON }TOAD MORENO VALLEY CA. 92553 GRAND TERRACE CA.92313 (909) 662-93 t 7 (909) WE HEREBY PROPOSE TO FURINISH T1IE INIATERLALS AIND PERFORM THE LABOR NECESSARY FOR TITE CO.NZPLETION- or,. TO INSTALL A 2T. (24000 B-T-U-S)10 SEER CARRIER SPLIT A/C UNIT, I NEED TO LNSTALL 220 V AND 115 V PON%"F, t SUPPLY 20 A. I NEED TO [NSTALL A AIR HANDLE ABOVE THE CEILNG IN THE MAIN COMPUTER ROOM AND A/C CONDENSLtiG UNIT OUTSIDE ON TFIF CONCRETE PAn. ELECTRIC UXTERfALS S 250.00 A/C MATERIALS S 2255.00 LABOR ELECTRIC 5 825.00 LABOR A/C $ 2200.00 TOTAL S 5530.00 PERMITS AND PLANS NOT LN-CLUDED LN THIS PRICE, RF.SPFCTFL-L1,Y SUB�lITTI?D VASILE TOIb1A P1W.,-04 -00 632 :TZ R11 11 ri QGG HTG HItD FaIR CQND 90 Z4?T26. F. 01 M-A. OGG HEATING & AIR CONDITIONING, INC. 4721 ARROW HIGHWAY SUITE"B" MONTCLAM CA 91763-1200 PHONE(909)624-8609 Email: ap�bvedRadcom FAX PROPOSAL TO' CITY OF GR 4ND TERRACE DATF. 05;04r00 2219513ARTON ROAD GRAND TERRACE,CA 92313 ATTEN-nON: BERNIE SIMON PHONE N: 90q-430-2216 FAX#; 909-783-2600 JOB NAME: CITY OF GRAND TERRACE COMPUTER ROOM AIR CONDITIONING JOB ADDRESS; 22795 BARTON ROAD,GRAND TERRACE,CA BID AMOUNT: $5,684.00 ALT 1$1: ALT 02: INCLUSIONS: WF: WILL 1N'STAI.I. A MITSUBISM MODEL MS12NrN COOL.I\(; ONLY DUCTLESS SPLIT SYSIL'kl 1kC VALL MOLIN'T THE AIR HANDLER ON THE BRICK WAT.l.ON THE SOUTH SIDE OF TIRE ROOM. WE WILL MOUND OUTDOOR CONDENSING UNIT ON THE SOt.FTH WALL OLMSIDE ON A CONDENSFR PAD. WE WILL. BE RESPONSIBLE. FOR THE HIGH VOLTAGE, ELECTRICAL. WIRING, CONDENSATE LINES, AND LINE CHASE. THE UN1 1' IS 12,000 BTi CAPACITY. IF YOU WOULD LIKE TO USE A 15.000 BTU U'NH. WHICH WOULD RE A MITSUBISM MODEL NIS15N-`%. ADD $250.00 TO OUR PROPOSAL PRICE. THE E.ITCTRICAL WIRrNG IS c1,25000 WHICH 1S INCLUDED IN OUR PROPOSAL PRICE. EXCLUSIONS: PERMIT FEES AND INSPECTION FEES. RF,MARK,S. OUR PROPOSAL IS BASED ON WORKING NORMAL BUSINESS HOURS AT PRLVAILING WAGES, RESPECTFULLY SUBMITTED, RODNEY E.OGG PRESIDENT ACCEPTED BY: DATE: PLEASE SIGN,DATE AND RETURN TQ.M5 OFFICE. 111?AT.NC do AIR CONDITIONM6 IWSTALLATION AND SF.R'*ICF •FUI.1.Sitl't7 METAL SI K)P•DESiGN ENGINFI-:RINCi Cotlthttor License No. 489652 Commercial Pricinc • • ° January 2000 UNIT PRICING Model Number Description Unit Price Shipping Charges COOLIT1000 7,500 BTU, 115VAC $888.00 Standard ground $55.00 Portable Air Conditioner Call for expedited shipping and inside delivery charges Standard Feature: Duct Kit which includes an 8'duct and adjustable panels used for either window or ceiling intallations. COOLIT3000 27,800 BTU, 208/230/1160 $4,500.00 Standard ground $95.00 Portable Air Conditioner Call for expedited shipping Standard Feature: and inside delivery charges Duct Kit which includes AirPac's exclusive integral flange and collapsible duct system with adjustable panels used for either window or ceiling installations. Integral Condensate Pump/Condensate Pan System, AirPac's exclusive design,for manual or automatic removal of condensate with the flip of a switch. ACCESSORY PRICING Part Number Description Unit Price Shipping ChaJunit. CPK-01 COOLIT1000 Condensate Pump Kit $65.00 Included if shippe 115 VAC DUCT-05 COOLIT1000 Extension duct(5"diameter) $10.00/ft. Included if shippe .DUCT-10 COOLIT3000 Extension duct(10"diameter) $15.00/ft. Included if shippe PURCHASE TERMS • Prices are net upon shipment of equipment, COD or prepaid. • Net 30 terms available upon approval by credit department for orders over$1000. Credit application must be submitted and processing can take two weeks. • Al prices are FOB Front Royal, Virginia 22630, unless othenn-;se noted. • Equipment Warranty is one (1) year parts. AirrPac 'The Adaptable Air Conditioning Solution' Phone: 540-635-5011 The Coolest Site on the Web® Toll Free: 888-327-7722 www. airpacinc . com Fax: 540-622-2634 City of GRAND TERRACE la NO RAN CRA ITEM(X) COUNCIL ITEM( ) MEETING DATE: May 25. 2000 AGENDA ITEM SUBJECT: Discussion reearding a Ballot Measure on the November Election Regardine a Transient Occupancy Tax FUNDING REQUIRED NO FUNDING REQUIRED XX The City of Grand Terrace is striving to fund its' General Fund Operations without relying on borrowed money. On June 24, 1999 the Council reduced the current year General Fund Budget by approximately$500,000 and reduced services accordingly. This was a result_ofthe defeat of Measure M-Utility User Tax on the June 1999 ballot. Staff is taking a closer look at other sources of revenue enhancements to strengthen overall General Fund revenues and to help offset future increases in operating costs and police costs. One potential revenue source that is available is a Transient Occupancy Tax(TOT)which is sometimes also known as a hotel tax, bed tax or lodging tax. This taxes the user who rents a room, or space in a hotel(as defined by the ordinance), as a temporary occupant. The tax must be collected by the owner or proprietor and is assessed as a percentage of the"rental charge". At this time it will only effect the Terrace Village R. V. Park, since we currently have no hotels or motels. A TOT is generally acceptable to most residents because: a) A TOT taxes visitors and transients and not residents of the City. A TOT will not affect any residents of Grand Terrace. -1- COUNCIL AGENDA ITEM N01 T City of GRAND TERRACE Page 2 TOT Discussion b) Visitors and transients have the same availability to City services such as police, emergency medical, fire, and sewer with very little, if any, tax contribution to pay for those services. c) Visitors and transients use City streets with very little, if any, tax contribution to pay for the repairs and maintenance of those streets. All other Cities in San Bernardino County have a TOT. A survey of local cities that have a TOT are: Colton 10% San Bernardino 100/0 Redlands 100/0 Riverside 11% Rialto 9% Ontario 11.75% Fontana 8% Rancho Cucamonga 10% Staff suggests that a 10% to 15% TOT may be appropriate for the City. Based on occupancy observations and the Terrace RV Park rate sheet, Finance estimates that a TOT will generate revenues(based on): Estimated Gross Revenue Tax Rate Tax Revenue $500,000 100/0 $ 50,000 11% $ 55,000 12% $ 60,000 13% $ 65,000 14% $ 70,000 15% $ 75,000 City Attorney has prepared a draft of the TOT ordinance for your review. Staff is bringing this issue to Council for potential inclusion on the November general election. Prop. 218 requires that a general tax be voted on at a general election and it must pass with a vote of a majority ballots casted (50%+)., STAFF REQUESTS THAT COUNCIL Discuss and ask questions regarding TOT and direct Staff on how to proceed on this issue. -2- 1... •,�.:'. -' _ .4 Pt .7 .mot aa: ;.s" h}, � - a�,•. ,». Terrace Village ZION,,% i } R,,V,, Park •,., Barton ••• • , • • • • 92313 09) 783 4580 VISA Fax •�• • • 1 I I I The Inland Empire's Finest_Full Service R.n =Park` s�2'. .+' .L •y: ':'T•_ -v_K^Y/iT` mot.; -4:. � � �- Good VJ�_ _ Sampark iY"•J+Ta�-r } - - - ,s 5... S= 4• r _ [ ,a fs K�. ' t © : A- R-2Gate Code # -�-�-_�•�-may - � - - p - WHEN OFFICE IS CLOSEDAssigned reservation check-in information. VEHICLE PARKING 4 ? x�' If available. RV SITES r •• ASSIGNED - - a - PLEASE COME TO THE OFFICE TO REGISTER BY 3 PM TODAY- 10 AM TOMORROW. PLEASE OBSERVE ALL RULES OF THE PARK. LEGEND Restroom �_.-- Shower Laundry MPHPhone Trash j - - f� ���` .-� •Jrl�.j F L - • e. - _ � ... -._.� fry�•'v-7Y' .(�. �• .. �_ !C lr i 1(_`� <��. � -� i ,K 'A;r�{ - f .r-^l��-� -=�wut Lace To LAS Vpas No s� 21 RE IL EL N 30 To 1,Ip~ges°ra K' E A Premier Park S San&rno%no in the Inland Empire Terr"aceace Y(llage � 10 R.V. Park Grand Terrace REGULAR RATES Up to 27' 28'or Longer To°"R" DAILY S 23.00 $ 24.50 60 WEEKLY $ 125.00 S 145.00 . MONTHLY $315.00 g W.00 9 215 To eeaa cues To San Qe¢ SEASONAL RATES . MY I- Nov 1 Terrace Village Up to 27' 28'or longer Re �. Park S 25.00 $ 26.50 WEEKLY S 140.00 S 160.00 21900 Barton Road • Grand Terrace,CA 92313 MONTHLY $375.00 $425.00 909-783-4580 • 800-427-2441 Additional Charges DEPOSITS: A $20.00 deposit is required Addlhonol More Than to guarantee a Daily or Weekly reservatir Pets Guests 2 Vehicles DAILY A $100.00 deposit is required for a Monthly S 1,00 S 2.00 S. 3.00 MONTHLY S 20,00 $30_00 $40 00 reservation. Y.o and . are welcome! • Daily and Monthly rates based on 1-2 people CANCELLATIONS: A $5.00 fee will be • Specific sites cannot be guaranteed No tent camping permitted retained from all deposits. Any refund,less • • Check-in is 2:00 pm and Check-out is Noon the cancellation fee, requires 14 day notice. • Rates are subject to change without notice No Refunds will be made with less than 14 days notice. Rated 5© by Woodall's Rated 5 by Woodall's 9 by Trailer Life 9 by Trailer Life Chapter 5:80 TRANSIENT OCCUPANCY TAX 5.80.010 Short title. 5.80.020 Definitions. 5.80.030 Tax Imposed. 5.80.040 Exemptions. 5.80.050 Operator's duties. 5.80.060 Registration. 5.80.070 Returns and remittances. 5.80.080 Reporting and remitting. 5.80.090 Cessation of business. 2.24.100 Delinquency. 5.80.110 Fraud. 5.80.120 Failure to collect and report tax-Determination of tax administrator. 5.80.130 Appeal. 5.80.140 Record. 5.80.150 Refunds. 5.80.160 Revocation of permit. 5.80.170 Closure of hotel without permit. 5.80.180 Recording certificate-Lien 5.80.190 Priority and lien of tax. 5.80.200 Warrant for collection of tax. 5.80.210 Seizure and sale. 5.80.220 Successor's liability-Withholding by purchase. 5.80.230 Liability of purchaser. 5.80.240 Responsibility for.payment. 5.80.250 Withhold notice. 5.80.260 Violations-Misdemeanor. 5.80.270 Extension of time. 5.80.280 Divulging of information forbidden. 5.80.290 Agreement with county. 5.80.010 Short title. The short title of this Chapter shall be the "transient occupancy tax ordinance." 5.80.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this Chapter: (1) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, timeshare or facility, dormitory public or private club, mobile home or house trailer at a fixed location, facility for the temporary occupancy of travel trailers or recreational vehicles, or other similar structure or portion thereof, duplex, triplex, single—family dwelling units except any private dwelling house or other' individually owned single-family; dwelling house unit rented only occasionally (infrequently) and incidentally to the normal Occupancy by the owner or his family; provided that the burden of establishing that the housing or facility is a hotel as defined herein shall be upon the . owner or operator thereof who shall file with the Tax Administrator such information as the Tax.. Administrator may require, to establish and maintain such status. (2) "Occupancy" means the use or possession, or the right or entitlement to the use or possession, .of any hotel, room, rooms or any portion thereof offered for rent to be used or occupied for dwelling, lodging or sleeping purposes regardless of the purpose for which such rooms are rented or provided. (3) "Operator" means the portion who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, timeshare project or facility manager or operator, or in any other capacity. Where the operator performs his or its functions through a managing agent of any type or character, the managing agent shall also for the. purpose of this chapter, and shall have jointly and severally the same duties and liabilities as the principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. (4) "Person" means any individual, firm, partnership,joint venture, association, social club, fraternal organization,joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (5) "Rent" means the amount of the consideration charged or chargeable to the tenant or person entitled to occupancy, for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including the full value of receipts, cash, credits, property or services of any kind or nature, without any deduction whatsoever. "Rent" may have been, or may be in part, payable or paid prior to or following (in whole or in part) the occupancy to which it is attributable, and may have been paid in whole or in part in advance on a long—term basis, such as in a time—share project or similar arrangement. It is not the intent of this Subsection to make 2 the operator liable for the tax on uncollected rent. However, uncollected rent must be reported. (6) "Tax Administrator" means the City Manager or his designated agent, whether a City employee or county officer or employee. (7) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other-agreement of whatever nature, for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any person so occupying space in a hotel shall be deemed to be a transient if his actual total period of occupancy does not exceed thirty (30) days, Unless day of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated thirty (30) calendar days. 5.80.030 Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax in the amount of ten (10) percent. of the rent charged by the operator or otherwise payable by the transient. Insofar as the transient is concerned, said tax constitutes a debt owed by the transient to the operator or to the City. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If the tax is not paid to the hotel operator, the Tax Administrator may require payment directly to him. 5.80.040 Exemptions. (a) No tax shall be imposed upon: (1) Any person as to whom or any occupancy as to which it is beyond the power of the City to impose the.tax herein provided; (2) Any officer or employee, of a foreign government who is exempt by reason of express provision of federal law or international treaty. (b) No exemptions shall be granted except upon a written claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. Federal, State and local officers and employees are not exempt. 5.80.050 Operator's duties. Each operator shall Collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax shall be separately stated from the amount of the rent charged, and each transient, shall receive a receipt from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assured or absorbed by the operator; or that it will not be added to the rent; or that, if added, and part will be refunded except 3 in the manner hereinafter provided. 5.80.060 Registration. (a) Every person desiring to engage in or conduct business as operator of a hotel tenting to transients within the City,shall file with the Tax Administrator an application for a transient occupancy registration permit for each plate of business. Every application for such a permit shall be made upon a form prescribed by the Tax Administrator and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business and such other information as the Tax Administrator may require. The application shall be signed by the owner if a natural person, if a member or partner, if an association or partnership, by an executive officer or some person specifically authorized by the corporation to sign the application in the case of a corporation. The transient occupancy registration permit must be in effect at all times while the business is in operation and shall be at all times posted in a conspicuous place on the premises. Said permit shall, among other things, state the following- (1) Name of hotel; (2) Name of operator; (3) Hotel address; (4) The date upon which the permit was issued; (5) "This Transient Occupancy Registration Permit signifies that the person named on the face hereof has fulfilled the requirements of the Transient occupancy Tax Chapter by registering with the Fax Administrator for the purpose or collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This Permit does not authorize any person to conduct any unlawful business in an unlawful manner, nor operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, Commission, department or office of this City. This Permit does not apply in lieu of such other permits which are otherwise required." (2) At the time of making an application for a registration permit, the Applicant shall pay a registration fee of fine dollars for each permit issued. 3.24.870 Returns and remittances. The tax imposed under Section 5.80.030 is: C1) Due to the Tax Administrator at the time it is collected by the operator: and C2) Becomes delinquent and subject to penalties if not receiued by the Tax Administrator on or before the last Working day of the month following the close of each calendar month. 4 5.80.080 Reporting and remitting. Each operator shall, on or before the last working day of the month following the close of each calendar month, file a return with the Tax Administrator on the forms prouided by him, of the total rents charged or chargeable as prouided in Section 5.80.030, whether or not receiued, including any rentals charged for occupancies exempt under the prouisions of Section 5.88.028(7) and 5.80.040 and the amount of tax collected for transient occupancies. Each such return shall contain a declaration under penalty of perjury, executed by the operator or his authorized agent, that to the best of the signatories knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Sections 5.80.02007), 5.80.M and 5.88.150 shall be fully itemized and explained on the return or supporting schedule. In determining the amount of taxable receipts on the tax return, rent as defined in Section 5.80.028 3)1 may not be reduced by any business expenses including but not limited to the amount of seruice charges deducted by credit card companies or commissions paid to trauel agencies. At the time the return is tiled, the tax fixed at the preuailing transient occupancy tax rate for the amount of rentals charged or chargeable, which are not exempt from tax under Section 5.80.02007), 5.80.080 and 5.80.150 shall be remitted to the Tax Administrator. The Tax Administrator may establish other reporting periods and may require a cash deposit or bond or a separate trust fund bank account for any permit holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. All taxes collected by operators pursuant to this Chapter shall be held in trust for the account of the City until remittance thereof in made to the Tax Administrator. 5.88.890 Cessation of business. Each operator shall - notify the Tax Administrator, ten days prior to the sale or cessation of business for any reason and returns and remittances are due immediately upon the sale or cessation of business. 5.88.100 Delinquency. Any operator who fails to remit any tax to the City or any amount of tax required to be collected and remitted to the City including amounts based on determination made by the Tax Administrator under Section 5.80.1201 within the time required, shall pay a penalty of ten C10Y.) percent of the tax or amount of the tax in addition to the tax or amount of tax plus interest at the rate of one half percent per month, or traction thereof, from the date on which the tax or the amount of tax required to be collected becomes delinquent until the date of remittance or payment. Any operator who fails to pay any penalty imposed under this Section within ten days after receipt of notice thereof shall pay interest thereon at the rate of one half of one percent per month, or fraction thereof from the date on which the penalty becomes due and payable to the city until the date of payment. 5.80.119 Fraud. If the Tax Administrator determines that the failure to make any remittance or payment due under this Chapter is due to fraud, a penalty on one hundred (100%) percent at the amount of the tax and penalties shall be added thereto in addition to the penalties stated in Section 5.80.100. 5 5.80.t20 Failure, to collect and report tax Determination of Tax Administrator. If any operator fails or refuses to collect said tax and to make, within the time prouided in this Chapter, any report and remittance of said tax or any portion thereof required by this Chapter, the Tax' Administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Tax Administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by the Chapter payable by any operator who has failed or refused to collect the same and make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties prouided for by this Chapter. In case such determination is made, the Tax Administrator shall giue a notice of the amount so assessed by seruing it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known address. such operator may within ten days after the seruing or mailing of such notice make application in writing to the Tax Administrator for a hearing on the amount assessed, it application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator sha11 become final and conclusiue and immediately due and payable. If such application is made, the Tax Administrator shall giue not less than fiue days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and otter euidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter giue written notice to the person in the manner prescribed herein of the determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as prouided in Section 5.88.130. 5.80.130 Appeal . Any operator aggrieued by any decision of the Tax Administrator with respect to the amount of any tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen days of seruing of ,the assessment or determination of tax and penalties, it any, due. The City Council shall fix a time and place for hearing the appeal, and the City Clerk shall giue notice in writing to the operator at his last known address. The findings of the City Council shall be final and conclusiue and shall be serued upon the appellant in the manner prescribed aboue for seruice of notice of hearing. Any amount found to be due shall be immediately due and payable upon the seruice of notice. 5.89.148 Records. It shall he the duty of euery operator liable for the collection and remittance to the City of any tax imposed by this Chapter to keep and preserue, in the City, for a period of three years, records in such form as the Tax Administrator may require to _determine the amount of such tax. The Tax Administrator shall haue the right to inspect such records at all reasonable times and may subpoena the records of any operator who refuses to make them auailable for examination.. 6 5.80.150 Refunds. Ca) Wheneuer the amount of any tax, interest or penalty has been ouerpaid or paid more than once or has been erroneously or illegally collected or receiued by the City under this Chapter, it may be refunded as provided in subparagraphs (b) and CC) of this section, prouided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim in founded, is filed with the Tax Administrator within three years of the date of payment. The claims shall be on forms furnished by the Tax Administrator. Cb) An operator may Claim a refund or take as credit against taxes collected and remitted the amount ouerpaid, paid more than once or erroneously or illegally collected or receiued when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient: prouided, howeuer, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected.has either been refunded to the person or credited to rent subsequently payable by the person to the operator. Cc) A transient gay obtain d refund of taxes ouerpaid or paid more than once erroneously or illegally collected or receiued by the City by filing a claim in the manner prouided in subparagraph Ca) of this Section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient hauing paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) no refund shall be paid under the prouisions of this Section unless the claimant established his right thereto by Written records. 5.80.160 Reuocation of permit. Wheneuer any operator fails to comply with any prouision of this Chapter relating to occupancy tax or any rule or regulation of the Tax Administrator relating. to occupancy tax prescribed and adopted under this Chapter, the Tax Administrator upon hearing, after giuing the operator ten C10) days notice in Writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be reuoked, may suspend or reuoke any one or more of the permits held by the operator. The Tax Administrator shall giue to the operator written notice of the suspension or re uocat i on - of any of h i s permits. The notices herein required may be ser ued personally or by nail in the manner prescribed for seruice of notice of a deficiency determination. The Tax Administrator shall not issue a new permit after the reuocation of a permit unless he is satisfied that the former holder of the permit will Comply with the prouisions of this Chapter relating to the occupancy tax and regulations of the Tax Administrator. 5.80.170 Closure of hotel without permit. During any period of time during which a permit has not been issued, or is suspended, reuoked or otherwise not ualidly in effect, the Tax Administrator may require that the hotel be closed. 5.80.08 Recording certificate Lien. If any amount required to be remitted or paid to the city under this Chapter is not remitted or paid when duet the Tax Administrator may, within three years after the amount is due, file for record 7 in the office of the County of Riuerside recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the of the Tax Administrator of the operator liable for the same and the fact that the Tax Administrator has complied with all prouisions of this Chapter in the determination of the amount required to be remitted and paid. From the time of the riling for record, the amount required to ho remitted together with penalties and interest constituting a lien upon all teal property in the County owned by the operator or afterwards and.bef ore the lien expires acquired by him. The lien has the force, effect and priority of a judgement lien and shall continue for ten years from the time of f i 1 i ng of the certificate unless sooner released or otherwise discharged. 5.80.190. Priority and lien of tax. Ca) The amounts required to be remitted and/or paid by any operator under this Chapter With penalties and interest shall be satisfied first in any of the following cases: CD Wheneuer the person is insoluent. C2) Wheneuer the person makes a uoluntary assignment of his assets: C3) Wheneuer the. estate of the person in the hands of executors, administrators or heirs: insufficient to pay all the debts due from the deceased: (4) Wheneuer the estate and affects of an absconding, concealed or absent person required to pay any amount under this Chapter are leuied upon by process law. This Chapter does not glue the City a preference ouer any recorded lien which attached prior to the date when the amounts required to be paid became a lien. (b) The preference giuen to the City by this Section shall be subordinate to the preferences giuen to claims for personal seruices by Sections 1204 and 1206 of the Code of Ciuil Procedure, 5.88.300 Warrant for collection of tax. At any time within three M) years after any operator is delinquent in the remittance or payment of any amount herein requ i red to be remitted or paid or within three years after the last recording at a certificate under Section 5.88.160_, the Tax Administrator may. issue a warrant for the enforcement of any liens and far the collection of any amount requited to be paid to the City under this Chapter. The warrant shall be directed to any sheriff, marshal, or constable and shall haue the same effect as a writ of execution. The warrant shall be leuied and sale made pursuant to it in the same manner with the same effect as a leuy of and a sale pursuant to a writ of execution. The Tax Administrator may pay or aduance to the sheriff, marshal, or constable the same fees, commissions and expenses for his seruices as are prouided by law for similar seruiccs pursuant to a writ of execution. The Tax 8 Administrator, and not the court, shall approue the fees for publication in a newspaper. 5.88.210 Seizure and sale. At any time within three years after any operator is delinquent in the remittance or payment of any amount, the Tax Administrator ray forthwith collect the amount in the following manner. The Tax Administrator shall seize any property, real or personal, of the operator and sell the property, or a sufficient part of it, at public auction to pay the amount due together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the prouisions of the Code of Ciuil Procedure. 5.80.228 Successor s liability -Withholding by purchase. It any operator liable for any amount under this Chapter sells out his business or quits the business, his successor or assigns shall withhold sufficient of the purchase price to courr such amount until the former owner produces a receipt from the Tax Administrator showing that it has been paid or a certificate stating that no amount is clue. 5.88.230 Liability of purchaser—Release. I the purchaser of a hotel fails to withhold purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, ualued in money. Within sixty days after receiuing a written request from the purchaser for a certificate, or within sixty days from the date the former owner s records are made auailable for audit, whicheuer period expires the later, but in any euent not later than ninety days after receiuing the request, the Tax Administrator shall either issue the certificate or mail notice to the purchaser at his address as it appears an the records of the Tax Administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the Tax Administrator to mail the notice will release the purchaser from any further obligation to withhold purchase price as aboue prouided. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time that the determination against the operator become final , whicheuer euent occurs the later. 5.Se.240 Responsibility for payment. Any tax required to be paid by any transient under the prouisions of this Chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been remitted to the City is a fiduciary obligation of the operator to the City and collectible in the same manner as a debt. Any person owing money to the City under the prouisions of this Chapter shall be liable teen action brought in the name of the City of Grand Terrace for the recouery of such amount. 5.80.250. Withhold notice. If any person or operator is delinquent in the remittance or payment of the amount required to be remitted or Paid by him or in the euent a determination has been made against him for the remittance of tax and payment of the penalty, the City may, within three years after the tax obligation became 9 due, giue notice thereof personally or by registered mail to all persons, . including the State or any political subdiuision thereof, hauing in their possession or under their control any credits or other personal property belonging to the taxpayer. After receiuing the withholding notice, the person so notified shall make no disposition of the taxpayers credits, other personal property or debts until the City consents to a transfer or disposition or until sixty days elapse after the receipt of the notice, whicheuer expires earlier. All persona, upon receipt of said notice, shall aduise the city immediately of all such credits, other personal property or debts in their possession, under their control or owing by them. If such notice seeks to preuent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of the bank, to be effectiue the notice shall be deliuered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held hereunder during the effectiue period of the notice to withhold, he shall be liable to the City to the extent of the ualue of the release up to the amount of the indebtedness owed by the taxpayer to the City. 5.80.266 Uiolations Misdemeanor. Ca) Except for f a i 1 ure of an operator to pay to the Tax Administrator taxes collected under this chapter which is punishable as a felony pursuant to Section 424 of the Penal Code, euery violation of this Chapter is a misdemeanor and punishable by a fine not exceeding $500 or imprisonment in the County jail for not more six months C6) or by both such fine and imprisonment. Cb) If such offense is not otherwise punishable as mentioned in Ca) aboue, any person willfully failing to . comply with, or knowingly uiolating, any of the prouisions of this Chapter shall be guilty of a misdemeanor. Cc) Any operator or other person who willfully fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return. or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who willfully makes any false or fraudulent, report or claim with intent to. defeat or euade the determination of any amount due required by this Chapter to be made, is guilty at a misdemeanor. 5.80.278 Extension of time. The Tax Administrator, for good cause, may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this Chapter. The extension may be granted at-any time, pro uided a request therefore is filed with 'the Tax Administrator within or prior to the period for which the extension may be granted. Any person to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one percent per month or fraction thereof, from the date on which the tax would have been dun without the extension until the date of payment. 5.80.280 Diuulging: of information forbidden. It is unlawful for any person hauing an administratiue duty under this Chapter to make known in any mariner whateuer the business affairs, operations, or information obtained by an 18 inuestigation of the records of any operator or any other person uisited or examined in the discharge of official duty, or the amount or 'source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or copy thereof or any abstract or particulars thereof to be seen or examined by any person. Successors, receiuers, trustees, executors, administrators, assignees and .guarantors, if directly interested, may be giuen information as to trio items included in the amounts at any unpaid tax or amounts of tax, penalties and interest required to be collected. 5.80.290 Agreement with County. The City is empowered to enter into a joint powers agreement with other cities and the County of San Bernardino, and if such agreement or agreements can be made wherein central collection for the County of San Bernardino is prouided, then it shall be done upon approual by the City Council . Mayor ATTEST: Brenda Stanfill, City Clerk APPROVED AS TO FORM: John R. Harper, City Attorney 11