330 ORDINANCE NO. 330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING SECTIONS IN TITLES 4, 5, 6, 8,
10, 12, AND. 13 OF THE GRAND TERRACE MUNICIPAL CODE TO
AUTHORIZE THE CITY COUNCIL TO ADOPT CERTAIN FEES AND
DEPOSITS BY RESOLUTION
WHEREAS, Article XI, section 7 of the California Constitution provides cities with
broad police power to make and enforce within its limits all local, police, sanitary, and
other ordinances, and regulations not in conflict with general laws.
WHEREAS, this broad police power includes the ability to impose administrative
fees for business regulations and provision of public services to reimburse the City's
costs of providing such regulations and services ("Fees").
WHEREAS, the Grand Terrace Municipal Code specifies the dollar amount for
certain Fees and related deposits.
WHEREAS, given the regularity of changes in the City's costs in providing
regulation and services pursuant to the Grand Terrace Municipal Code, the City desires
to permit amendment of the Fees by City Council resolution, which will allow the City
greater procedural flexibility to respond to changes and increases in the City's costs.
WHEREAS, this Ordinance only changes the manner in which the City adopts
and updates certain identified fees and deposits in the manner specified and does not
repeal or otherwise rescind any previously adopted fees and deposits and does not
create new or increase any fees or deposits. Adoption of any new or increased fees and
deposits must still comply with applicable requirements of State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set
forth in the above Recitals are true and correct and are incorporated herein as findings
of the City Council.
SECTION 2. Section 4.08.060 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
"4.08.060 — Duplicate license fees set by resolution. Each person seeking
a duplicate of a previously issued license shall pay a duplicate license fee
as set by resolution of the City Council."
SECTION 3. Section 4.08.070 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
Ordinance No. 330 Page 1 of 15 May 12, 2020
ed under applicable law, including, but not limited to, "increase" as defined by the
Mitigation Fee Act(commencing at Government Code Section 66000 et seq.).
3. The City Council hereby reaffirms and reorganizes the Fees and Deposits as the
fees for the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
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"4.08.070 — Amended licenses. Each person _seeking to have their
business license amended to conduct business at a new location shall pay
a fee set by resolution of the City Council."
SECTION 4. Section 4.12.010(A) of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Fees set by resolution. Fees which must accompany applications for a
business license shall be set by resolution of the City Council. An
additional fee may be required whenever a background investigation
requires access to certain records. Said additional fees shall also be set
by resolution of the City Council."
SECTION 5. Section 4.16.010 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
"Fees set by resolution. All 'fees for animal-related services and
regulations pursuant to Title 6 shall be set by resolution of the City
Council, including, but not limited to, license fees for animals and animal-
related services."
SECTION 6. Section 4.24.010 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:,
"Service fee imposed) by resolution. There 'shall be a service fee as set by
resolution of the City Council, based on police or fire staff time, assessed
against the alarm user when a police or fire response occurs as a result of
a third or subsequent false alarm from an alarm system at the same
addres1 or location within any six consecutive calendar month period."
SECTION 7. Section 4.48.020 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
"Fees set by resolution. The permit and inspection fees for street excavations
shall be set by resolution of the City Council."
SECTION 8. Section 4.48.030 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
"Cash deposits. Before an excavation permit is issued, the applicant shall
deposit with the city finance department a cash deposit in the amount to
be determined by the city engineer to secure proper repairs of the street
cut. The minimum amount of such deposit shall be set by resolution of the
City Council. Such deposit shall be refunded to the permittee upon request
twenty-four months after completion and acceptance of the project."
SECTION 9. Section 4.52.010 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
Ordinance No. 330 Page 2 of 15 May 12, 2020
ereby reaffirms and reorganizes the Fees and Deposits as the
fees for the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
• 2020-12 CC Reso Page 1 of 3 May 12, 2020
"Fee designated. The fee for moving permits per Chapter 12.20 of this
code shall be set by resolution of the City Council."
SECTION 10. Section 4.68.020 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"4.68.020 —Acquisition charge.
A. Property of any kind within the city limits shall be charged, in addition
to other charges as established, a sewer acquisition charge. This charge
shall be set by resolution of the City Council.
B. All Class I users proposing to connect to or contribute to the POTW
shall obtain a wastewater discharge permit before connecting to or
contributing to the POTW. Users required to obtain a permit shall
complete and file with the city engineer an application in a form
prescribed by him or her and submit the required filing fee. The base
service fee for acquisition of sewer services shall be set by resolution of
the City Council. Class I users shall apply at least ninety days prior to
connecting to or contributing to the POTW.
C. The acquisition charge shall be due and payable prior to the issuance
of a building permit. No sewer facilities shall be furnished, or connection
made unless such charge is paid."
SECTION 11. Section 4.72.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Sewer user charges established by resolutioi. Sewer user charges are
set by resolution of the City Council."
SECTION 12. Section 4.72.020 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"4.72.020 — Billing—Delinquency.
A. Sewer service charges shall be billed on a bimonthly basis in advance
of service. All such charges will be due and payable on the date of such
billing and shall become delinquent thirty days thereafter.
B. A collection fee as set by resolution of the City Council shall be charged
to a delinquent sewer user for each preceding billing of sewer service
charges which has not been paid."
SECTION 13. Section 4.78.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
Ordinance No. 330 Page 3 of 15 May 12, 2020
upon request
twenty-four months after completion and acceptance of the project."
SECTION 9. Section 4.52.010 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
Ordinance No. 330 Page 2 of 15 May 12, 2020
ereby reaffirms and reorganizes the Fees and Deposits as the
fees for the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
• 2020-12 CC Reso Page 1 of 3 May 12, 2020
"Fees for fire safety services established by resolution. Fire service fees
as set by resolution of the City Council shall be paid to the Fire Chief."
SECTION 14. Section 4.84.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Engineering fees established by resolution. Engineering fees shall be
established by resolution of the City Council."
SECTION 15. Section 4.92.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Public document fees set by resolution. Fees to recover costs of
providing copies of public records shall be set by resolution of the City
Council."
SECTION 16. Section 4.96.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"4.96.010 — Fees and deposits—Civic center.
A. A minimum rental of two hours is required on all facilities. Any
exceptions must be approved in writing by the Community Services
Director.
B. The City may require licensed security officers for additional
supervision on any reservation. These officers will be hired by the City and
all related fees to be paid in additio to the other charges for the use of the
facility by the permittee. For each ne to 100 guests, one security guard
required.
C. Group must appear within 15 minutes of beginning time specified or
permit will be canceled, and all fees forfeited.
D. In order to reserve a facility, all deposits must be paid at the time of
application. All fees must be paid prior to five working days before the
scheduled event/reservation. Special arrangements for payment of fees
must be approved by the finance director and must be paid by cash or
cashier's check.
E. Deposits are refundable only if facilities are left in a clean and orderly
manner and no damage has occurred. A minimum fee as set by resolution
of the City Council shall be charged and deducted from deposit, if any part
of the facility needs to be cleaned by staff. Charges for damages or stolen
equipment will be based on costs of materials, staff time and an
administrative fee as set by resolution of the City Council.
Ordinance No. 330 Page 4 of 15 May 12, 2020
cceptance of the project."
SECTION 9. Section 4.52.010 of the Grand Terrace Municipal Code is amended
in its entirety to read as follows:
Ordinance No. 330 Page 2 of 15 May 12, 2020
ereby reaffirms and reorganizes the Fees and Deposits as the
fees for the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
• 2020-12 CC Reso Page 1 of 3 May 12, 2020
F. If a group goes beyond any scheduled ending time, an overtime fee will
be charged and deducted from the deposit at a rate set by resolution of
the City Council.
G. If any additional fees are in excess of deposit then permittee will be
held liable for additional costs and be billed for the amount exceeding the
deposit.
H. Fee schedule set by resolution. Fees for use of City facilities shall be
set by resolution of the City Council."
SECTION 17. Section 4.100.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"4.100.010 — Other fees set by resolution. Other fees not codified
elsewhere in this Title shall be set by resolution of the City Council."
SECTION 18. Section 4.104.060 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Use of traffic signal improvement fees. A special traffic signal
improvement fee account is established, and all fees shall be deposited
therein. Traffic signal improvement fees shall be set by resolution of the
City Council. All revenues raised by the imposition of this fee shall be
applied to the design and construction of traffic signals and supporting
infrastructure at the locations identified on Table A at the end of this
Chapter."
SECTION 19. Section k.104.070 of the Grand Terrace Municipal Code is
amended in its entirety to read s follows:
"Use of arterial improvement fees. A special arterial improvement fee
account is established, and all fees shall be deposited therein. Arterial
improvement fees shall be set by resolution of the City Council. All
revenues raised by the imposition of this fee shall be applied to the design
and construction of traffic signals and supporting infrastructure at the
locations identified on Table B at the end of this Chapter."
SECTION 20. Section 4.104.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Operational improvement fees. A special operational improvement fee
account is established, and all fees collected shall be deposited therein.
Operational improvement fees shall be set by resolution of the City
Council. All revenues raised by the imposition of this fee shall be applied
to the design - and construction of operational improvements in
conformance with the City's General Plan at the locations identified on
Table C at the end of this Chapter."
Ordinance No. 330 Page 5 of 15 May 12, 2020
the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
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SECTION 21. Section 4.108.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Rental inspection fees set by resolution. Rental inspection fees shall be
set by resolution of the City Council."
SECTION 22. Section 5.28.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.28.030 —Application and license fees.
A. An application fee as set by resolution of the City Council shall be paid
upon , the filing 'of each application for a license, for the purpose of
defraying the expenses incidental to the processing of the application. The
application fee shall be in addition to the license fee.
B. A license fee shall be paid as provided in Chapter 5.04."
SECTION 23. Section 5.36.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.36.030 —Application for permit.
A. Any person required by this chapter to have a permit shall submit a
written application to the city clerk. A fee as set by resolution of the City
Council sha I be charged to cover the costs incurred by the city for
processing the application and is in addition to the business license tax.
The application shall contain:
1. The name and address of the person proposing to operate the
business.
2. The method and means used to arrive at these fortunetelling
predictions.
3. The proposed location.
4..The operating hours.
B. At the time of filing the applicant shall also furnish to the city clerk
written statements of at least three bona fide residents, who have been
residents in the city no less than three years, that the applicant is of good
• moral character."
SECTION 24. Section 5.44.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
Ordinance No. 330 Page 6 of 15 May 12, 2020
n 4.104.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Operational improvement fees. A special operational improvement fee
account is established, and all fees collected shall be deposited therein.
Operational improvement fees shall be set by resolution of the City
Council. All revenues raised by the imposition of this fee shall be applied
to the design - and construction of operational improvements in
conformance with the City's General Plan at the locations identified on
Table C at the end of this Chapter."
Ordinance No. 330 Page 5 of 15 May 12, 2020
the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
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"5.44.030 —Application and investigation.
'A. Application for licenses under this chapter shall be made in writing and
filed with the city clerk. Each application shall be accompanied by a fee as
set by resolution by the City Council. The fee shall be credited as part of
the first annual license fee. The application shall contain the name of the
applicant, the person's interest in the business, his business address, or if
the applicant is an itinerant dealer, his residence address.
B. The application shall be immediately referred to the planning
department, the building and safety department, and to the chief of police
for investigation concerning the applicant's business and character of the
applicant. The planning department, building and safety department and
the chief of police shall make reports of their findings, together with a
recommendation as to whether or not the applicant shall be granted a
license, to the city council within ten days after the application was
referred to them."
SECTION 25. Section 5.48.050 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.48.050 —Application for license.
A. Any person desiring to obtain a license to operate a massage parlor or
engage in massage technician services shall make written application to
the city clerk, who shall refer all such applications to the chief of police for
a n appropriate investigation.
B. Each application for a massage parlor license shall be accompanied by
a nonrefundable investigative fee as set by resolution of the City Council.
Each application for a massage technician license shall be accompanied
by a nonrefundable investigative fee as set by resolution of the City
Council.
C. An applicant for a license under this chapter shall submit the following
information:
1. Full name and any alias theretofore used or currently used and
current address;
2. Fingerprints as may be required by the chief of police;
3. The two previous business and residence addresses of the
applicant immediately prior to the current address;
4. Written proof that the applicant is over the age of eighteen years;
Ordinance No. 330 Page 7 of 15 May 12, 2020
ised by the imposition of this fee shall be applied
to the design - and construction of operational improvements in
conformance with the City's General Plan at the locations identified on
Table C at the end of this Chapter."
Ordinance No. 330 Page 5 of 15 May 12, 2020
the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
• 2020-12 CC Reso Page 1 of 3 May 12, 2020
5. Applicant's height, weight and color of eyes and hair;
6. Two current photographs at least two inches by two inches in
size;
7. The business, occupation or employment of the applicant for
three years immediately preceding the date of the application and
the location where the licensed activities will be conducted;
8. Any massage or similar business license history of the applicant,
including whether such person, in previous operation, in this or
another area, has had his'or her license revoked or suspended, the
reason therefor, and any business activity or occupation
subsequent to the action of suspension or revocation;
9. All convictions and the grounds therefor;
10. A certificate from the environmental health officer designating
that the applicant has, within thirty days immediately prior thereto,
been examined and found to be' free of any contagious or
communicable disease;
11. Applicants for a massage technician license must in addition to
the requirements set out above in this section, furnish a diploma or
certificate of graduation from a recognized school or other
institution of learning as defined in this chapter. The chief of police
shall determine whether this educational requirement has been
met."
SECTION 26. Section 5.64.030 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.64.030 — Application for license. Any person required by this chapter to
have a license shall submit a written application in duplicate together with
a fee as set by resolution by the City Council to the city clerk. The
payment shall be accepted only in cash, certified check, or money order.
The application shall be verified and shall contain the following
information:
A. The name, address, and telephone number of the applicant;
B. The supplier of the goods to be sold;
C. The place and date of any court judgment rendered against the
applicant as a sex offender or as a defendant guilty of a criminal battery,
fraud, burglary, or theft;
Ordinance No. 330 Page 8 of 15 May 12, 2020
4. Written proof that the applicant is over the age of eighteen years;
Ordinance No. 330 Page 7 of 15 May 12, 2020
ised by the imposition of this fee shall be applied
to the design - and construction of operational improvements in
conformance with the City's General Plan at the locations identified on
Table C at the end of this Chapter."
Ordinance No. 330 Page 5 of 15 May 12, 2020
the City as provided therein, as attached hereto in Exhibit 1 of this Resolution.
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D. A copy of the state sales tax permit (California Revenue and Taxation
Code Section 6066) for the applicant's activities attached to the
application;
E. A description of every type of merchandise or service that the applicant
proposes to hawk, peddle, or solicit;
F. A designation of the location or locations at which place or places the
applicant proposes to hawk, peddle or solicit and the dates and time of the
same."
SECTION 27. Section 5.64.070 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.64.070 — Fees. Any person required by this chapter to have a license
shall pay to the finance department a sum determined by resolution as
provided in Chapter 5.04 of this code. Such payment shall be made in
advance, and only by cash, certified check, or money order. Upon
presentation to the finance department of a receipt from the city clerk for
the application fee, in an amount set by resolution of the City Council, the
applicant shall receive credit therefor on his payment."
SECTION 28. Section 5.64.110 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Religious, scientific and charitable organizations. Whenever any person
intends to peddle or solicit or hawk goods, wares, services or merchandise
for the purpose of raising funds for a recognized religious, scientific or
charitable organization, or solicit charitable donations, the applicant may
apply to the city council for a license to be issued without payment of the
license fee. If satisfied that the funds will be used for the purposes
mentioned in this section, the council shall order the issuance of a license
for the peddling for a term fixed by the council. The application fee shall be
set by resolution of City Council."
SECTION 29. Section - 5.64.120 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.64.120 — Elderly, young, disabled, or blind persons.
A. Whenever any person who is over fifty-five years of age or is under
eighteen years of age, or is physically disabled, or is blind, applies for a
license as provided in Section 5.64.030, such person shall pay the filing
fee,as set by resolution of the City Council, but shall not be required to pay
the license fee.
B. "Physically disabled person" means any person who has a permanent
loss of, or loss of use of, a part of the body, or permanent impairment of
Ordinance No. 330 Page 9 of 15 May 12, 2020
herein, as attached hereto in Exhibit 1 of this Resolution.
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some body function, resulting in actual disability and a diminished ability to
compete in an open labor market. A physician's statement certifying the
applicant's condition shall be submitted with the application.
C. "Blind person" means any person who has not more than 20/200
central visual acuity in the better eye after correction, or a person who has
visual acuity greater than 20/200 but with a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angel no
greater than twenty degrees. A physician's statement certifying the
applicant's condition shall be submitted with the application."
SECTION 30. Section 5.84.050 ' of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"5.84.050 — License application fees set by resolution. No application shall
be processed without the required application fee paid in full, as set by
resolution of the City Council."
SECTION 31. Section 6.20.020 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"6.20.020 — License required—Fee. Every person, firm or corporation
engaged in operation, control or management of a kennel as defined in
. this chapter shall obtain a license from the animal control contractor and
shall pay an annual license fee as set by resolution of the City Council."
SECTION 32. Section 8.12.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"8.12.080 — Fees. Every person, firm or corporation applying for a permit
or for renewal of a permit previously revoked or for renewal of an expired
permit under the provisions of this chapter shall, at the time of making the
application, pay an inspection fee in accordance with the schedule set by
resolution of the City Council.
A fifty percent penalty shall be added to each of the foregoing for failure to
make application for renewal within thirty days from the date of expiration
or for failure to apply for a permit in the case of a new business or
seasonal operation before opening for business.
In the case of a new business requiring a permit under this section, or a
transfer of ownership of an existing business, fees shall be prorated on a
quarterly basis for the remaining part of the permit year. No fee shall be
reduced or prorated to less than the amount set by resolution of the City
Council."
SECTION 33. Section 8.40.140 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
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2020-12 CC Reso Page 1 of 3 May 12, 2020
"8.40.140 — Fee set by resolution. A permit shall not be issued until after
the payment of a fee as set by resolution of the City Council."
SECTION 34. Section 8.112.060 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"8.112.060 — Same — Land use application — Public liability insurance. All
applications for a permit to sell fireworks shall:
A. Be made in writing via a land use application to the Community
Development Department accompanied by a filing fee and inspection fee
in the amounts set forth by resolution of the City Council and a deposit
pursuant to Section 8.112.110. In addition, a fee set by resolution of the
City Council shall be paid by the permittee to the City within thirty days
following the close of sales by applicant as partial reimbursement for extra
law enforcement. All fees required hereunder are not for the purpose of
revenue but shall be used to defray the reasonable regulatory costs of
processing and( issuing the permits contemplated herein, investigations,
inspections, audits, enforcement, and adjudication thereof.
B. Set forth the proposed location of the fireworks stand applied for. The
stands must be on private property located in the commercial, industrial, '
or manufacturing zones and the written permission of the owner of record
or lessee must accompany the application according to Zoning Code
Section 18.73.211. Temporary uses allowed.
C. Be accompanied by an assurance that if the permit is issued to
applicant, applicant shall, at the time of receipt of the permit, deliver to the
City Clerk's Office a certificate evidencing an occurrence-based policy with
the following minimum limits: $1,000,000.00 public liability and property
damage, and general aggregate coverage of $2,000,000.00 and with a
certificate of endorsement designating the City of Grand Terrace as an
additional insured under this Chapter. No policy will be acceptable which
contains a provision allowing a deductible amount. A copy of the requisite
State retail sales permit from the Office of the California State Fire
• Marshal shall also be attached.
D. Be routed to the Fire Chief, Building and Safety Director, and the
Sheriffs Department. The Community Development Department will
evaluate the location of the fireworks stand and related issues."
SECTION 35. Section 8.112.110 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"8.112.110 — Public advertisement. The permittee shall deposit a fee as
- set forth by resolution of the City Council with the City at the time of the
land use application for the purpose of placing a published advertisement
in the local paper of general circulation advising Grand Terrace residents
Ordinance No. 330 Page 11 of 15 May 12, 2020
of the provisions regulating the discharging of safe and sane fireworks,
including the prohibition of discharging fireworks within the No Fireworks
Safety Zone. Any portion of said deposit in excess of the cost to the City
for placing said advertisement shall be returned to permittee no later than
July 14th "
SECTION 36. Section 12.04.150 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"12.04.150 — Undertaking in lieu of deposit. In lieu of making either a
general or special deposit, or to supplement a general deposit not
sufficient in amount, the applicant may file an undertaking with the
engineer in a penal sum of not less than five hundred dollars. The
undertaking shall be in compliance with Section 995.010 et seq. of the
Code of Civil Procedure."
SECTION 37. Section 12.08.080 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
Before an excavation permit as provided in this chapter is issued, the
applicant shall deposit with the city finance department a cash deposit in
the amount to be determined by the city engineer to secure proper repairs
of the street cut.
A. Each permittee, prior to receiving a permit pursuant to this chapter,
shall deposit an amount set by resolution of the City Council with the city
finance department. This amount is to secure emergency street repairs
required as a result of the permittee's street cuts. This amount shall be
placed by the finance director into a special account. The deposit shall be
utilized by the city to make any emergency street repairs required, which
repairs cannot be done by the permittee. The amount of deposit above the
five-hundred-dollar minimum shall be computed in accordance with the
fees schedule set by resolution. Such deposit shall be refunded to the
permittee upon request twenty-four months after completion and
acceptance of the project.
B. Return of the deposit shall be conditioned upon the permittee's
compliance with this chapter, and further conditioned that the permittee
must fill up, restore and place in good and safe condition as near as may
be to its original condition, and to the satisfaction of the city engineer, all
openings and excavations made in streets, and must maintain any street
where excavation is made in as good condition for the period of twenty-
four months after the work has been done. Any,settlement of the surface
within that two-year period shall be deemed conclusive evidence of
defective backfilling by the permittee. Nothing contained in this subsection
shall be construed to require the permittee to maintain any repairs to
pavement made by the city if such repairs should prove defective. Any
Ordinance No. 330 Page 12 of 15 May 12, 2020
owner of real estate repairing or engaging another to repair his own
sidewalk shall not be required to give such deposit. An acceptable bond or
letter of credit may be given under this provision, which shall remain in
force for two years, conditioned as above in the'amount specified, and in
other respects as specified but applicable as to all excavation work in
streets by the principal making such deposit during the term of two years
from such date.
C. An application for an excavation permit to perform excavation work
under this chapter shall be accompanied by a cash deposit, payable to the
city, in accordance with a schedule of fees set by resolution. No deposit
shall be less than the amount as set by resolution of the City Council. Any
person intending to make openings, cuts or excavations in streets or
public places may make and maintain with the city finance director a
general annual deposit in the sum of not less than an amount set by
resolution of the City Council, and the person so depositing shall not be
required to make the special deposits provided in this section, but shall,
however, be required to comply with all other applicable provisions of this
chapter. Any special or general deposit made under this section shall
serve as security for the repair and performance of work necessary to put
the street in as good a condition as it was prior to the excavation if the
permittee fails to make the necessary repairs or to complete the proper
refilling of the opening and the excavation work under the excavation
permit. Such cash deposit, except in the case of an annual deposit, shall
be refunded by the city to the permittee upon the expiration of such
twenty-four-month period and upon request of the permittee; provided,
that the city may use any or all of any such deposit to pay the cost of any
work the city performs to restore or maintain the street or public place as
provided in this chapter in the event the permittee fails to perform such
work, in which event the amount refunded to the permittee shall be
reduced by the amount thus expended by the city. The decisions of the
city engineer as to the cost of the work done or repairs made by him under
the provisions of this chapter shall be final and conclusive as to cost.
SECTION 38. Section 12.08.260 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
A. If the permittee has failed to restore the surface of the street or
public place to its original and proper condition, upon expiration of the time
fixed by such permit,'or otherwise has failed to complete the excavation
work covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee
shall be liable for the actual cost and an additional amount equal to the
City's actual costs for general overhead and administrative expenses
which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
Ordinance No. 330 Page 13 of 15 May 12, 2020
paid out and due it for such work, and shall apply in payment of the
amount due it any funds of the permittee deposited as provided in this
chapter, and the city shall also enforce its rights under the permittee's
cash deposit provided pursuant to this chapter.
B. It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was in prior to the
excavation work two years after restoring it to its original condition.
SECTION 39. Section 12.24.050 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"12.24.050 — Deposit. Every applicant for a banner permit from whom an
issuance fee is required and who does not maintain a sufficient deposit or
undertaking with the city engineer shall deposit with the city engineer an
amount as set by resolution of the City Council for each banner permit.
SECTION 40. Section 10.28.050 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"10.28.030 — Fee set by resolution. The administrative fee for towing a
vehicle in the above stated circumstances shall be set by resolution of the
City Council."
SECTION 41. Section 12.48.010 of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"12.48.010 — Advance approval for use required; Fees set by resolution.
All users of city athletic facilities, including athletic fields and baseball
diamonds, are required to receive approval in advance from the city's
community services director, or his delegate, for the use of the athletic
facilities. A facility reservation application shall be accompanied by a fee
set by resolution of the City Council."
SECTION 42. Section 13.12.305(A) of the Grand Terrace Municipal Code is
amended in its entirety to read as follows:
"Users required to obtain a permit,shall complete and file with the director
an application in form prescribed by him and submit any required
application, filing or permit fee. Applicable permit fees shall be set by
resolution of the City Council."
SECTION 43. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
Ordinance No. 330 Page 14 of 15 May 12, 2020
covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee
shall be liable for the actual cost and an additional amount equal to the
City's actual costs for general overhead and administrative expenses
which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
Ordinance No. 330 Page 13 of 15 May 12, 2020
adopted all the provisions of this ordinance that remain valid if any provisions of this
ordinance are declared invalid.
SECTION 44. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 45. Certification. The Mayor shall sign, and the City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the same to be
published and posted pursuant to the provisions of law in that regard.
PASSED,.APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 12th day of May 2020.
Darc c bboe
Mayor
`ATTEST:
bra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. 330 Page 15 of 15 May 12, 2020
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 330 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the 12th day of May 2020, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson;
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 13th day of May 2020, at Grand Terrace, California.
62
De•ra L. Thomas
City Clerk
[SEAL] =