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03/23/2021CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● MARCH 23, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! Beginning June 15, 2020, the City of Grand Terrace will reopen its public meetings. Therefore, the regular meeting of the City Council for March 23, 2021, is now open to the public. Please be advised that face masks are required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Section 3 of Executive Order N -29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for March 23, 2021, will also be conducted telephonically through Zoom and broadcast live on the City’s website. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any ot her matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak Form available at the front entrance and present it to the City Clerk. Speakers physically present and participating via Zoom will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 825 1373 4821 Password: 774042 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace- ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace- ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made ava ilable for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council March 23, 2021 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. SPECIAL PRESENTATIONS - NONE B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 03/09/2021 DEPARTMENT: CITY CLERK 3. City Department Monthly Activity Report - January 2021 RECOMMENDATION: Receive and file. DEPARTMENT: CITY MANAGER Agenda Grand Terrace City Council March 23, 2021 City of Grand Terrace Page 3 4. Approval of the February-2021 Check Register in the Amount of $365,325.10 RECOMMENDATION: Approve the Check Register No. 02282021 in the amount of $365,325.10 as submitted, for the period ending February 28, 2021. DEPARTMENT: FINANCE 5. First Quarter Financial Report (July-2020 - September-2020) RECOMMENDATION: Receive and file the First Quarter Financial Report for the Period July-2020 to September-2020. DEPARTMENT: FINANCE 6. Second Quarter Financial Report (October-2020 - December-2020) RECOMMENDATION: Receive and file the Second Quarter Financial Report for the Period October-2020 to December-2020. DEPARTMENT: FINANCE D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 7. Funding Agreement Between Omnitrans and the City of Grand Terrace for Measure "I" Funds for the City's Senior Transportation Program; Related Adjustment to FY 2020-21 Position Summary (Bus Driver Positions); and Related Adjustment to Budget Appropriations Agenda Grand Terrace City Council March 23, 2021 City of Grand Terrace Page 4 RECOMMENDATION: 1. Approve the Two-Year Contract with Omnitrans for the following: a. A not to exceed amount of $190,900 in operating expenses, with an annual not to exceed amount of $95,902 in Calendar Year 2021, and $95,808 in Calendar 2022; and b. A not to exceed amount of $128,880 in capital expenses, with an annual not to exceed amount of $87,840 in Calendar year 2021, and $41,040 in Calendar Year 2022. 2. Authorize the City Manager to execute the agreement; 3. Approve the additional adjustments to the City’s FY2020 -21 Position Summary as follows: a. Increase the existing Bus Driver position hours from a 35-hour work week to a 40-hour work week; and b. Approve the addition of a part-time, 20-hour work week (salary and benefits) Bus Driver position; and 4. Approve the additional appropriations to the City’s FY2020 -21 Approved Budget as follows: CAPITAL EXPENSES: a. Revenue and Expense appropriations of $74,800 to the Senior Bus Fund; and b. Transfer of $4,880 from the General Fund to the Senior Bus Fund OPERATIONAL EXPENSES: a. Additional Revenue and Expense appropriations of $54,430 to the Senor Bus Fund; and b. Transfers of 4,385 and 2,500 from the General Fund and Air Quality Management District (AQMD) Funds, respectively. DEPARTMENT: CITY MANAGER 8. Approval of an Oath of Office, Acceptable Code of Conduct, and Censure Policy to be Applicable to the City Council and All Commissions/Committees RECOMMENDATION: Approve the proposed Oath of Office, Acceptable Code of Conduct and Censure Policy (proposed to be applicable to the City Council and all Commissions/Committees) and direct the City Attorney to integrate the same into the City Council Policies and Procedures. DEPARTMENT: CITY ATTORNEY 9. Transient Occupancy Tax Ballot Measure Discussion and Filing Deadlines RECOMMENDATION: Provide direction to staff on whether to return to the City Council with a Transient Occupancy Tax (“TOT”) Ballot Measure and related documents for further consideration on whether to place such a measure before the voters. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council March 23, 2021 City of Grand Terrace Page 5 10. Housing Element and Surplus Lands Act Annual Progress Report for the 2020 Calendar Year RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT AND SURPLUS LANDS ACT ANNUAL PROGRESS REPORT FOR THE 2020 CALENDAR YEAR DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 11. An Agreement Between the City of Grand Terrace and J. H. Douglas and Associates for Housing Element Consultant Services for the 2021-2029 Housing Element Preparation RECOMMENDATION: 1. Approve a Professional Services Agreement Between the City of Grand Terrace and J. H. Douglas and Associates for Housing Element Consultant for the 2021 -2029 Housing Element Preparation in the amount of $68,95 0 with a 10% contingency of $6,895; 2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's approval as to form; and 3. Authorize the appropriation of the following funding sources: Local Early Action Planning (LEAP) Grant of $65,000 and General Fund of $3,950. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION Agenda Grand Terrace City Council March 23, 2021 City of Grand Terrace Page 6 CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Properties: 22317 Barton Road, APN 1167-231-01 22273 Barton Road, APN 1167-231-02 22293 Barton Road, APN 1167-311-01 City negotiators: G. Harold Duffey, City Manager Adrian Guerra, City Attorney Negotiating parties: Greens Group, Inc. Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 13, 2021 at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MARCH 9, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, March 9, 2021 at 6:30 p.m. INVOCATION The Invocation was given by Mayor Pro Tem Bill Hussey. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Adrian Guerra, City Attorney. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Present Jeff Allen Council Member Present G. Harold Duffey City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Steven Weiss Planning & Development Services Director Present Robert Eisenbeisz Interim Public Works Director Present Cynthia A. Fortune Assistant City Manager Remote A. SPECIAL PRESENTATIONS American Rescue Plan presented by United States Representative Pete Aguilar, California’s 31st District. B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. C.2 Packet Pg. 7 Minutes Acceptance: Minutes of Mar 9, 2021 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council March 9, 2021 City of Grand Terrace Page 2 C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 02/23/2021 APPROVE THE REGULAR MEETING MINUTES OF FEBRUARY 23, 2021. 3. September 17, 2020 Planning Commission Meeting Minutes, January 14, 2021 Parks & Recreation Advisory Committee Meeting Minutes and Parks & Recreation Advisory Committee Workplan RECEIVE AND FILE. D. PUBLIC COMMENT Patricia Farley, Grand Terrace provided to the City Council information regarding a piece of California legislation that affects property owners. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 4. Amendment #1 to the Agreement with Interwest Consulting Group for Interim Public Works Director & Senior Engineer Services Changing the Assigned Interim Public Works Director/Senior Engineer & Increasing the Contract Amount from $150,000 to $200,000. Cynthia Fortune, Assistant City Manager gave the staff report presentation on this item. APPROVE AMENDMENT #1 TO THE AGREEMENT WITH INTERWEST CONSULTING GROUP FOR INTERIM PUBLIC WORKS DIRECTOR AND SENIOR ENGINEER SERVICES CHANGING THE ASSIGNED INTERIM PUBLIC WORKS DIRECTOR/SENIOR ENGINEER AND INCREASING THE CONTRACT AMOUNT C.2 Packet Pg. 8 Minutes Acceptance: Minutes of Mar 9, 2021 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council March 9, 2021 City of Grand Terrace Page 3 FROM $150,000 TO $200,000; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT #1 SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 5. FY2019-20 and FY2020-21 Budget Updates Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item. RECEIVE AND FILE THE FY2019-20 AND FY2020-21 BUDGET UPDATES. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Sub-Committee/Ad Hoc Committee Communications Subcommittee Mayor Pro Tem Bill Hussey & Council Member Doug Wilson Oral Report: • Oath of Office, Acceptable Code of Conduct, and Censure Policy Applicable to the City Council To view report, click here. Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report. Council Member Sylvia Robles Nothing to Report. Mayor Pro Tem Bill Hussey Nothing to Report. C.2 Packet Pg. 9 Minutes Acceptance: Minutes of Mar 9, 2021 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council March 9, 2021 City of Grand Terrace Page 4 Mayor Darcy McNaboe On March 3, 2021, Mayor Darcy McNaboe attended the Board of Directors Meeting for Omnitrans and the Board of Directors Meeting for the San Bernardino County Transportation Authority. To view report, click here. J. CITY MANAGER COMMUNICATIONS Nothing to Report. K. CLOSED SESSION - NONE L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 7:20 p.m. The Next Regular meeting of the City Council will be held on Tuesday, March 23, 2021 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 10 Minutes Acceptance: Minutes of Mar 9, 2021 6:00 PM (Consent Calendar) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: City Department Monthly Activity Report - January 2021 PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report identifies the monthly tasks associated with the delivery of projects to support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with Local, Regional and State Agencies to secure Funding for Programs and Projects. BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a roadmap to ensure that the City remains on target and reaches its overall goals. The 2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and projects that are aligned with the 2030 Vision goals. The goals include: • Ensure Our Fiscal Viability • Maintain Public Safety • Promote Economic Development • Develop and Implement Successful Partnerships • Engage in Proactive Communications DISCUSSION: This Monthly report includes January 2021 data for each department in the City. The number of projects and activities reported do not reflect everything staff is doing but rather highlights things they have worked on in the past month which may be of interest to City Council and the public. This report is updated monthly and posted to the City’s website on the fourth week of each month. FISCAL IMPACT: The Monthly report has no fiscal impact. The monthly reports do not provide budgetary status. The Finance Department will continue to produce individual monthly financial reports which are separate from the Department monthly reports. ATTACHMENTS: • City Manager Departmental Monthly Report - Final (PDF) C.3 Packet Pg. 11 APPROVALS: G. Harold Duffey Completed 03/17/2021 11:27 AM City Attorney Completed 03/17/2021 12:11 PM Finance Completed 03/17/2021 12:21 PM City Manager Completed 03/18/2021 11:49 AM City Council Pending 03/23/2021 6:00 PM C.3 Packet Pg. 12 MONTHLY REPORT January 2021 PRESENTED BY THE CITY MANAGER’S OFFICE C.3.a Packet Pg. 13 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) C.3.a Packet Pg. 14 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) i Organizational Chart .........................................................................................1 City Clerk ...........................................................................................................2 Committee/Commissions ........................................................................7 City Manager .....................................................................................................8 Senior Center ....................................................................................... 12 Senior Bus Program ............................................................................. 15 Communications ................................................................................... 20 Planning and Development ............................................................................ 24 Code Enforcement ............................................................................... 38 Weekend Code ..................................................................................... 39 Parking/Graffiti ................................................................................ 39, 40 Animal Control ...................................................................................... 41 Public Works .................................................................................................. 45 Engineering Division ............................................................................. 46 Maintenance ......................................................................................... 47 Park Maintenance ................................................................................ 51 Burrtec Waste Generation Report ........................................................ 52 Public Works Administration ................................................................. 54 CIP Project Contracts ........................................................................... 55 Sheriff’s Contract ............................................................................................ 56 Law Enforcement Services ................................................................... 57 San Bernardino County Fire ........................................................................... 59 Emergency Management Services ...................................................... 60 C.3.a Packet Pg. 15 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) CITY MANAGER Organization Chart City Manager City Clerk Planning & Development Public Works Finance Public Safety Agenda Processing Land Use Planning Engineering Accounting Fire District Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement Records Management Building & Safety Storm Drain Maintenance Payroll FPPC Filings Code Enforcement Facilities Maintenance Treasury Public Records Enforcement Program Parks Maintenance Senior Bus Program Page 1 C.3.a Packet Pg. 16 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) &LW\RI*UDQG7HUUDFH &LW\&OHUN¶V'HSDUWPHQW &LW\&OHUN x $JHQGD3URFHVVLQJ x (OHFWLRQV x 5HFRUGV0DQDJHPHQW x )33&)LOLQJV x 3XEOLF5HFRUGV Page 2 C.3.a Packet Pg. 17 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) CITY MANAGER Organization Chart City Manager City Clerk Planning & Development Public Works Finance Public Safety Agenda Processing Land Use Planning Engineering Accounting Fire District Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement Records Management Building & Safety Storm Drain Maintenance Payroll FPPC Filings Code Enforcement Facilities Maintenance Treasury Public Records Enforcement Program Parks Maintenance Senior Bus Program Page 3 C.3.a Packet Pg. 18 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) &LW\RI*UDQG7HUUDFH &LW\&OHUN¶V'HSDUWPHQW &LW\&OHUN x $JHQGD3URFHVVLQJ x (OHFWLRQV x 5HFRUGV0DQDJHPHQW x )33&)LOLQJV x 3XEOLF5HFRUGV Page 4 C.3.a Packet Pg. 19 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) DATE: March 17, 2021 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Debra Thomas, City Clerk City Clerk’s Office SUBJECT: JANUARY 2021 CITY CLERK MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities and responsibilities within the City Clerk’s Department over the last six (6) months. The City Clerk’s Office is staffed with one position that includes the City Clerk. The primary responsibilities for this department are Council Support Services, Records Management, Administrative Processing, Board Administration and Election Services. Each of these functions require a collaborative effort between the department staff to ensure that all components within the process are completed from origin to file. As the official records manager for all City documents it is imperative that this process be accurate to ensure the preservation of the City’s history. AGENDAS/POSTINGS The City Clerk is responsible for preparing agendas and postings for all City Council Regular and Special Meetings, as well as for the Housing Authority and Successor Agency to the Community Redevelopment Agency. The total number of agendas processed for the month of January 2021 is three (3) , spending a total of twenty-four (24) hours preparing the agenda packet producing 455 pages. AGENDA PROCESSING/POSTING MONTH Regular Meeting Special Meeting Totals August 2 1 3 September 2 0 2 October 2 0 2 November 1 0 1 December 1 0 1 January 2 1 3 Total Processed 10 2 12 Page 5 C.3.a Packet Pg. 20 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) RESOLUTIONS & ORDINANCES The City Clerk is responsible for the security of all official City records including Resolutions. Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed, certified, and published, when appropriate. It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to Council have been certified and made available for review by the public. The City Clerk must coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and second readings. The number of Resolutions processed for the month of January is one (1) and the number of Ordinances processed for the month of January is zero (0). RESOLUTIONS AND ORDINANCES PROCESSED RESOLUTIONS ORDINANCES MONTHLY TOTALS August 3 0 3 September 2 0 2 October 2 0 2 November 0 1 1 December 5 0 5 January 1 0 1 Total Processed 13 1 14 RECOGNITION ACTIVITY Its purpose is to recognize individuals, groups, and events of significance to the Grand Terrace community by the issuance of Certificates, Recognition, Acknowledgment and Commendation Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are obtained on the document, coordinate attendance at Council meetings for the individual, group or event representative to accept the recognition, as well as prepare Council with all necessary information to present the recognition if presentation will be held at another venue. For the month of January 2021, one (1) Proclamation and five (5) In Memoriam Certificates were prepared on behalf of the City Council. Month Certificate of Acknowledgment w/Pin Certificate of Recognition w/Pin Commendation w/Pin In Memoriam Adjournments Certificate of Participation Proclamation Total August 0 9 0 1 0 0 10 September 0 0 0 0 0 0 0 October 0 0 1 0 0 0 1 November 0 0 0 0 0 0 0 December 0 0 0 0 0 0 0 January 0 0 0 5 0 1 6 Total 0 9 1 6 0 1 17 Page 6 C.3.a Packet Pg. 21 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) CONTRACTS AND AGREEMENTS PROCESSED The City Clerk works closely with the City Council and is responsible for processing follow-up documentation. Management of these documents include contracts and agreements, and it is the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan, and file. For the month of January 2021, City Council approved four (4) agreements. CONTRACTS & AGREEMENTS PROCESSED August 1 September 3 October 2 November 1 December 0 January 4 Total 11 RECORDS REQUESTS The City Clerk’s office received nine (9) Requests for Copies of Public Records for the month of January 2021. These requests were completed within the Government Code Section 6253(c)’s requirement of ten (10) calendar days. The total number of pages provided in response to those requests were ninety-six (96). RECORDS REQUEST SUMMARY Month Requests Received Completed Within 10 Days Completed with 14-Day Extension # of Pages Provided Letter to Requestor – No Records August 15 15 0 194 0 September 10 10 0 223 3 October 8 8 0 40 1 November 12 12 0 171 2 December 2 2 0 8 1 January 9 9 0 96 2 Total Requests 56 56 0 732 9 Page 7 C.3.a Packet Pg. 22 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) CUSTOMER SERVICE – TELEPHONE CALLS The City Clerk is responsible for receiving and responding to inquiries and external customer service requests, communicating, coordinating, and responding to internal department requests, external agency cooperation and legislative bodies. For the month of January 2021, the City Clerk’s office responded to 286 telephone calls from residents, contractors, vendors, consultants, and in-house customer service assistance to City staff. TELEPHONE CUSTOMER SERVICE August 205 September 241 October 321 November 272 December 208 January 286 Total Calls 1,533 HISTORICAL & CULTURAL COMMITTEE ACTIVITY The Historical and Cultural Activities Committee preserves the history of Grand Terrace and facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a liaison facilitating communication between the committee and City Manager and City Council, maintains the committee minutes of its proceedings and provides support for the Annual Art Show, Country Fair and City Birthday Party. No activity is reported for the month of January 2021. Month Committee Meeting Emails w/Committee Members & Vendors Written Correspondence w/Committee Members Telephone Calls with Committee Members & Vendors Art Show/Country Fair & City Birthday Prep & Attendance Total # of Hours August 0 0 0 0 0 0 September 0 0 0 0 0 0 October 0 0 0 0 0 0 November 0 0 0 0 0 0 December 0 0 0 0 0 0 January 0 0 0 0 0 0 TOTAL # HOURS 0 0 0 0 0 0 Page 8 C.3.a Packet Pg. 23 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) COMMITTEES/COMMISSIONS The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and ensuring that all information is current and up-to-date for each. Listed below are the number of current Appointed City Committees/Commissions, including the number of alternates and vacancies that may exist: COMMITTEES/COMMISSIONS # OF MEMBERS # OF ALTERNATES # OF VACANCIES Historical & Cultural Activities Committee 7 0 0 Planning Commission 5 0 0 Parks & Recreation Committee 5 0 0 Page 9 C.3.a Packet Pg. 24 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) &LW\RI*UDQG7HUUDFH &LW\0DQDJHU¶V2IILFH &LW\0DQDJHU¶V2IILFH x &LW\0DQDJHU¶V2IILFH x +XPDQ5HVRXUFHV x 6HQLRU&HQWHU Page 10 C.3.a Packet Pg. 25 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) DATE: March 6, 2021 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Debra L. Thomas, City Clerk SUBJECT: January-2021 Monthly Services Report This monthly report is presented to the City Manager to keep the City Manager and Policy Makers informed of the activities within the City Manager’s Office and programs administered by the office to meet service demands. The tasks and projects identified within the monthly report represent programs administered by the City Manager’s Office. The projects identified in this report do not represent the City Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council in separate and distinct reports. The attached monthly report addresses the City Manager’s Office administration of the following activities:  Human Resources  Senior Center  Finance (currently ACM is Acting Finance Director)  IT and Communications OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. Page 11 C.3.a Packet Pg. 26 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) HUMAN RESOURCES Mission: It is the mission of human resources to support the organization in meeting its mission and goals through one of its most valuable resources - its PEOPLE. Values: Develop An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that fosters camaraderie, fellowships, challenges, and safety. Increase Participation in City and community activities while seeking knowledge, enthusiasm, and an improved quality of life for ourselves, co-workers, and the community. Respect Team member values that may be different from our own and accept responsibility for promoting ethical and legal conduct in personal and business practices. Communicate In a candid and fair manner with the diverse workforce from whom our City derives its strength. CORE SERVICES 1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective internal interview process, conducting thorough reference checks. 2. Properly balancing the needs of the employees and the needs of the organization. 3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by: maintaining compliance with employment laws and government regulations, providing management and employee training, and developing policies and procedures. 4. Providing training and development in areas of: effective leadership and career development of employees, and, employment law and government regulation. 5. Retaining our valued employees by: assuring effective leadership qualities in our managers; furnishing technical, interpersonal and career development training and coaching; supplying relevant feedback to management; and enhancing two-way communication between employees and management. Page 12 C.3.a Packet Pg. 27 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) TABLE 1 Recruitment Activity Description Jul- 2020 Aug- 2020 Sept- 2020 Oct- 2020 Nov- 2020 Dec- 2020 Recruitments Initiated 0 1 1 0 0 1 Recruitments in Progress 0 0 1 2 0 0 Recruitments Pending 0 1 0 0 0 0 Applications Processed 0 0 0 8 0 0 New Hires Processed 0 0 0 0 2* 0 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Recruitments Initiated 0 0 Recruitments in Progress 0 0 Recruitments Pending 0 0 Applications Received/Processed 0 0 New Hires Processed 0 0 Note: *The Finance Dept. filled two positions. TABLE 2 Employee Job Performance Activity Description Jul- 2020 Aug- 2020 Sept 2020 Oct- 2020 Nov- 2020 Dec- 2020 Evaluations Processed 6 0 0 0 0 0 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Evaluations Processed 0 0 Page 13 C.3.a Packet Pg. 28 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) SENIOR CENTER Mission: To provide recreational, educational, and social activities for the seniors in the community and to enrich our seniors lives through friendship, activities, education, and nourishment. Core Values: Seniors are recognized as a valuable asset. Seniors have the opportunity to contribute and expand their talents and knowledge. Seniors strengthen our community and benefit personally by their involvement. Seniors have access to a full spectrum of services, including social, emotional, educational, and recreational opportunities appropriate to their unique needs and interests. Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served. TABLE 1 - Senior Center Activities Description Jul- 2020 Aug- 2020 Sept- 2020 Oct- 2020 Nov- 2020 Dec- 2020 Nutrition Program (# of meals served) 875 640 905 725 700 860 Homebound Meals 250 315 295 315 385 700 Bingo Bridge Bunco Coffee with Megan Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party / Health Screening Christmas / Holiday Celebration Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) Page 14 C.3.a Packet Pg. 29 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Description *Jan -2021 *Feb 2021 **Mar -2021 Apr- 2021 May- 2021 Jun- 2021 Nutrition Program (# of meals served) 710 Homebound Meals 295 Arts and Crafts Classes Bingo Bridge Bunco Coffee with Shari Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party Health Screening Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) ** - Due to COVID-19, the Senior Center will only be providing limited meals. Page 15 C.3.a Packet Pg. 30 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) 1 0 100 200 300 400 500 600 700 800 900 July August September October November December 875 640 905 725 700 860 250 315 295 315 385 255 Senior Center (2020 -21) July -2020 -December -2020 # of Meals Served Homebound Meals 0 100 200 300 400 500 600 700 800 900 January February March April May June 710 0 0 0 0 0 295 0 0 0 0 0 Senior Center (2020 - January -2020 -June -2020** # of Meals Served Homebound Meals ** - Due to COVID-19, the Senior Center will only be providing limited meals. Page 16 C.3.a Packet Pg. 31 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) TABLE 2 # of Passengers Description Jul- 2020 Aug- 2020 Sept- 2020 Oct- 2020 Nov- 2020 Dec- 2020 Within City Limits (Senior Center, Stater Brothers, Library) 135 104 152 141 161 142 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 52 Outside City Limits (Walmart, 99cent store, Ross) 0 Special Events/Trips 0 TABLE 3 # of Rides Description Jul- 2020 Aug- 2020 Sept- 2020 Oct- 2020 Nov- 2020 Dec- 2020 Within City Limits (Senior Center, Stater Brothers, Library) 270 208 304 282 324 294 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 108 Outside City Limits (Walmart, 99cent store, Ross) 0 Special Events/Trips 0 Page 17 C.3.a Packet Pg. 32 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) 0 50 100 150 200 250 300 July August September October November December 135 104 152 141 161 142 270 208 304 282 324 294 Senior Transportation July -2020 -December -2020 # of Passengers # of Rides 0 50 100 150 200 250 300 January February March April May June 52 0 0 0 0 0 108 0 0 0 0 0 Senior Transportation January -2020 -June -2020 # of Passengers # of Rides Page 18 C.3.a Packet Pg. 33 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Oc-17 7%5% FINANCE Mission: To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate financial reporting. Values: Transparency (Accessibility of Information): The Finance Department will ensure openness, clarity and comprehensibility when providing reliable, relevant, and timely financial information to the public. Integrity (Reliability on Information Provided): The Finance Department commits adherence to the highest ethical standards. The financial services provided will be honest, fair, and unbiased. Quality (Commitment to Excellence): The Finance Department will deliver financial services expeditiously and provide valuable support services to other departments and the community. Teamwork (Mutual Respect and Cooperation): The Finance Department will work together collaboratively with others, recognize the role and contribution each person makes, and provide assistance as necessary to achieve the City’s 2030 Mission, Vision and Goals. CORE SERVICES The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and Treasury. The Finance Department works in partnership with other departments to effectively develop, manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and projects. 1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations which includes vendor payments, employee and resident reimbursements, and payroll. 2. Financial Reporting – to provide accurate and meaningful reporting on the City’s financial condition through the City’s monthly and annual financial reports. 3. Purchasing – to authorize the purchase of quality products in a cost-effective manner. 4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective financing, investments, and cash collection of the City’s resources to enhance the City’s financial condition. Page 19 C.3.a Packet Pg. 34 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) TABLE 1 Financial Activity Description Jul- 2020 Aug- 2020 Sept- 2020 Oct- 2020 Nov- 2020 Dec- 2020 Invoices Processed 165 68 87 135 90 130 Checks Issued 76 74 65 73 85 79 Purchase Orders Established 18 16 20 21 17 18 Revenue Receipts Recorded 22 45 29 38 27 54 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Invoices Processed 141 116 Checks Issued 83 76 Purchase Orders Established 8 5 Revenue Receipts Recorded 54 41 165 76 18 22 68 74 16 45 87 65 20 29 135 73 21 38 90 85 17 27 130 79 18 54 0 25 50 75 100 125 150 175 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Page 20 C.3.a Packet Pg. 35 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL: Monthly: 1. Check Register; and 2. General Fund Monthly Financial Report (revenues less expenditures). Quarterly: 1. Business License Report; and 2. Treasurer’s Report (current cash flow and fund balance); and 3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund). Annual: Audited Annual Financial Reports for the following: 1. City – all Funds; 2. Measure I – Fund 20; 3. Air Quality Management District (AQMD) – Fund 15; and 4. Housing Authority- Fund 52. 141 83 8 54 116 76 5 41 0 0 0 0000 0000 0000 0 0 20 40 60 80 100 120 140 160 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jan-20 Feb-19 Mar-21 Apr-21 May-21 Jun-21 Page 21 C.3.a Packet Pg. 36 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) COMMUNICATIONS Mission: To develop, implement and provide comprehensive internal and external communications for the City and its community. Core Services: Plan, organize and disseminate timely and accurate information and promote awareness of City operations, services, programs, projects, events, and issues to the community. Promote and provide positive and proactive media relations for the City. Disseminate news materials in a timely manner. Initiate and write press releases, public service announcements, articles, and websites for media distribution. Maintain and improve the City’s website for distributing mass media information under various situations. Channel 3: Jul Aug Sep Oct Nov Dec City Council Meeting Replays 62 62 60 62 60 62 Activities/Items Added to Slideshow 0 0 0 0 4 0 Channel 3: Jan Feb Mar Apr May Jun City Council Meeting Replays 62 Activities/Items Added to Slideshow Eblast Jul Aug Sep Oct Nov Dec Number of E-newsletters Distributed 1 1 8 2 2 0 Number of Subscribers 811 819 822 826 830 830 Change in Subscribers 9 8 3 4 4 0 Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data Eblast Jan Feb Mar Apr May Jun Number of E-newsletters Distributed 2 Number of Subscribers Change in Subscribers Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data * New e-newsletter management system does not currently track emails opened. 2020-2021 City Communications Data: Page 22 C.3.a Packet Pg. 37 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Facebook Jul Aug Sep Oct Nov Dec Posts 19 8 24 15 9 16 Total Reach* 22,753 11,924 20,993 9,575 10,328 17,157 Total Engagement** 5,341 2,371 3,243 1,474 2,162 5,242 Page Followers 2,400 2,411 2,416 2,424 2,451 2,478 New Page Followers 18 11 5 8 27 27 Facebook Jan Feb Mar Apr May Jun Posts 6 Total Reach 3,732 Total Engagement 356 Page Followers 2,474 New Page Followers -4 * Reach refers to the number of unique people to have seen a post's content. ** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares. 5 Most Popular City Facebook Pages (By % of population) – San Bernardino County % of Pop. 1) Twentynine Palms 28.43% 2) Apple Valley 25.05% 3) Yucca Valley 23.19% 4) Grand Terrace 19.78% 5) Hesperia 16.74% 2,180 2,207 2,276 2,298 2,382 2,400 2,411 2,416 2,424 2,451 2,478 2,474 1,500 1,750 2,000 2,250 2,500 FACEBOOK PAGE FOLLOWERS Page 23 C.3.a Packet Pg. 38 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Twitter Jul Aug Sep Oct Nov Dec Tweets 0 0 3 1 0 3 Impressions 1,519 1,035 1,467 1,938 2,235 1,639 Followers 322 329 330 328 331 330 New Followers -2 7 1 -2 3 -1 Twitter Jan Feb Mar Apr May Jun Tweets 0 Impressions 1,609 Followers 323 New Followers -7 YouTube Jul Aug Sep Oct Nov Dec Video Uploads 2 3 2 2 2 1 Video Views 202 137 129 1-0 93 209 Subscribers 167 167 166 166 169 172 Change in Subscribers 3 0 -1 0 3 3 YouTube Jan Feb Mar Apr May Jun Video Uploads 3 Video Views 148 Subscribers 172 Change in Subscribers 0 *** Impressions refers to the number of times a tweet has been seen. 295 307 309 310 324 322 329 330 328 331 330 323 200 225 250 275 300 325 350 TWITTER PAGE FOLLOWERS Page 24 C.3.a Packet Pg. 39 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) City News Jul Aug Sep Oct Nov Dec Featured (Front Page Article and Image) 0 0 0 0 2 0 Articles 3 0 1 1 0 0 1/2-Page Ad 1 0 0 1 0 1/4-Page Ad 2 1 1 1 6 2 City News Jan Feb Mar Apr May Jun Featured (Front Page Article and Image) 0 Articles 0 1/2-Page Ad 0 1/4-Page Ad 0 AM 1640 Jul Aug Sep Oct Nov Dec Advertisement of City Events 0 0 0 0 0 0 AM 1640 Jan Feb Mar Apr May Jun Advertisement of City Events 0 Burrtec Newsletter Jul Aug Sep Oct Nov Dec Bi-Monthly Newsletter 1 0 1 0 1 0 Burrtec Newsletter Jan Feb Mar Apr May Jun Bi-Monthly Newsletter 1 Page 25 C.3.a Packet Pg. 40 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) &LW\RI*UDQG7HUUDFH 3ODQQLQJDQG'HYHORSPHQW6HUYLFHV'HSDUWPHQW 3ODQQLQJ 'HYHORSPHQW x /DQG8VH3ODQQLQJ x 3ODQQLQJ&RPPLVVLRQ x %XLOGLQJ 6DIHW\ x &RGH(QIRUFHPHQW x (QIRUFHPHQW3URJUDP Page 26 C.3.a Packet Pg. 41 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) DATE: March 15, 2021 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Planning and Development Services Department SUBJECT: JANUARY 2021 PLANNING AND DEVELOPMENT SERVICES MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning and Development Services Department, comprised of Planning, Building and Safety, Code Enforcement, Animal Control, and Public Works. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. PLANNING DIVISION Planning and Building and Safety Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections The Planning Division is budgeted for one full time Director and one full time Assistant Planner. Both positions are filled and together constitute a minimum of 320 monthly service hours. Page 27 C.3.a Packet Pg. 42 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Activity Summary for Planning Planning Counter Requests for Information: 51 Planning Phone Calls Received: 83 Planning E-mails Received/Answered:559 COVID-19 Related E-mails Received:65 Application Summary The Planning Division received 17 new applications in January and carried over 17 from the previous month. Action was taken on 19 of them. Minor applications such as a new business, patio cover, or small room additions are handled as a Land Use application and typically processed within 2-3 days. Larger additions over 500 square feet or second dwelling units are handled administratively by staff with noticing, and those projects that are either new development or exceed the Director’s administrative authority are handled as Major Permits and are reviewed by the Planning Commission. Home occupation permits are for home based business, such as consulting, housekeeping, and small craft businesses. Application Summary for January 2021 Applications Number Received Carried Over Completed Under Review Major 0 11 0 11 Administrative 0 2 1 1 Land Use 14 2 14 2 Home Occupation 1 0 1 0 Sign 1 1 1 1 Special Event 0 1 1 0 DAB 1 0 1 0 Total 17 17 19 15 0 2 4 6 8 10 12 14 16 Major Administrative Home Occupation Sign Special Event DAB Applications Received and Carried Over in January 2021 Under Review Completed Carried Over Received Page 28 C.3.a Packet Pg. 43 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Applications Received, Approved and/or Under Review. Fiscal year 200-2021 to date the Planning Division has received 112 applications for review, 15 applications remained under review. A comprehensive list of the applications and their status is at the end of the Planning Division’s report. A Land Use application for two new business were received during the month of January, “Indo Bistro” (Restaurant) and “GNL Manufacturing Engineering” (Light Manufacturing). Overall Land Use applications are the most predominant application s that the Planning Division processes. Fourteen Land Use applications were received in January. 0 10 20 30 40 50 60 70 80 90 Major Administrative Land Use Home Occupation Signs Special Event DAB Zoning Verification Applications Received Fiscal Year to Date July August September October November December January February March April May June 7 1 1 2 2 1 Land Use Applications Wall/Fence Shed Patio Covers/Sunroom Pools New business Minor Improvements Temporary Uses/Special Events Page 29 C.3.a Packet Pg. 44 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Projects in Plan Check or Under Construction Date Submitted Case No. Applicant Description Location Status 3/29/2019 SA 19-04 E 19-03 Leonardo and Anel Aguayo Single Family Residence 0275-083-09 Under Construction 5/11/2018 ASA 18-06 E 18-06 Tim Boyes Two lots Grading Plans 0276-431-21, 22 Under Construction 8/19/2019 SA 19-08 V 19-01 Troy Rogers Taco Bell 22172 Barton Road Under construction – Anticipated opening Spring 2021 11/15/2020 SA 18-04 E 17-09 Todd Kesseler Single Family Residence 23400 Westwood Street Under Construction Development Advisory Board (DAB) The Development Advisory Board is made up of the Planning and Development Services Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual plans for various projects and new development applications, and is conducted free of charge. One DAB meeting took place during the month of January. DAB Date Submitted Case No. Applicant Description Location Status 1/5/2021 DAB 21-01 Tony Jara Tract Map/ Single Family Residence 11899 Rosedale Avenue Held on 1/18/2021 Planning Commission The Planning Commission reviews new construction, subdivisions, variances and conditional use permits. They also make recommendations on zone changes, zoning code amendments, and general plan changes. There were no Planning Commission meetings held during the month of January. Conforming Uses and Buildings Grants The City was awarded funding for its Blue Mountain Trailhead and Trail application and continues to implement the grant. Page 30 C.3.a Packet Pg. 45 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Staff was informed that through the efforts of Assembly Member Reyes, the City is the recipients of a $1.2 Million Dollar Specified Grant for the acquisition and development of the Blue Mountain Trail and Trailhead. This grant is funded through the State Budget and is non-competitive. Staff met with State representatives on August 15, 2019. Grant Status Grant Amount Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017. Site visit completed in November 2017. Awarded. Community workshop held on 4/11/2019. $212,500 (Estimated Project cost $520,000) Specified Grant - Blue Mountain Trailhead and Trail Grant Non Competitive. Staff met with State Representatives and on August 15, 2019 and March 18, 2020– Property being negotiated with owner for access easement $1.2 Million Housing Successor Agency The Housing Successor Agency has a current balance of approximately $225,000.00 . Each year $50,000 is received from the Successor Agency. On June 15, 2018, title transferred to Aegis B uilders, Inc. on the Canal property. Buyer has 18 months to commence construction, and a development application is being processed. The Housing Successor Agency holds the following interests: Property Description 22293 Barton Road Vacant 1.42-acre commercial property. – In escrow with Greens Group - Buyer has submitted entitlement applications – Anticipated public hearing third quarter 2021 22317 Barton Road Vacant 1.43-acre commercial property. – In escrow with Greens Group - Buyer has submitted entitlement applications – Anticipated public hearing third quarter 2021 11695 Canal Street Vacant 0.80-acre property, designated R3-20. Sold on 6/15/2018 to Aegis Builders, Inc. Buyer has 18 months to commence construction or Agency may repurchase property.- Buyer has submitted a CUP – Anticipated public hearing third quarter 2021 12569 Michigan Street Project completed. The Housing Successor Agency holds covenants on the property for two low income residents. Community Emergency Response Team Due to COVID-19 social distancing restrictions, a special CERT volunteer meeting scheduled for January 19, 2021, was held via zoom. Page 31 C.3.a Packet Pg. 46 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Attachment to Planning Division’s Report Applications Received, Approved and/or Under Review Major Applications - Site and Architectural Review Date Submitted Case No. Applicant Description Location Status 11/25/2020 SA 20-09 CUP 20-02 E 20-09 Condor Energy Storage Battery Energy Storage Site APN:1167- 151-77 Deemed Incomplete on 1/22/2021 – Anticipated PC Third quarter 2021 11/2/2020 SA 20-08 V 20-01 LM 20-2 E 20-08 Bickel Group Multi-Tenant Commercial APN’s:0275- 242-10, 11 Deemed Incomplete on 11/23/2020 – Applicant to resubmit 2-2021- PC – March, 2021 8/12/2020 GPA 20-02 SPA 20-02 SA 20-03 CUP 20-01 E 2-03 Greens INV 15 LLC 22317, 22273, 22293 Barton Road Multi Family, Hotel, Restaurant Retail Deemed Incomplete on 9/23/2020 – Anticipated PC – Third quarter 2021 3/16/2020 GPA 20-01 ZCA 20-01 Darryl Moore Change of Zoning from R1-7.2 to R2 12266 Michigan Street Project placed on hold per Applicant 3/16/2020 SA 20-02 TTM 20-01 SP 20-01 E 20-02 Darryl Moore 22 single Homes and TTM 122667 Michigan Street Project placed on hold per Applicant 5/31/2019 SA 19-05 CUP 19-04 E 19-06 ZC 19-01 MD 19-01 Edwin Renewable Fuels Plastic Recycling and office/educational uses 21801 Barton Road Deemed Incomplete on 6/26/2019. Resubmitted Plans received on 6/2/2020 were distributed for review Staff continues to work with Applicant on Project. 10/2/2018 SA 18-09 TTM 18-02 V 18-01 E 18-08 Aegis Builders, Inc 12 Townhomes 11695 Canal Street Deemed Incomplete on 10/31/2018 & 3/26/2019 Resubmittal and Incomplete on 7/23/2020 Resubmittal received on 11/11/2020. Deemed Page 32 C.3.a Packet Pg. 47 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Incomplete on 12/10/2020 – Anticipated PC hearing third quarter 2021 3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 Homes) 1167-151-22, 68, 71, 73, 74, 75 DEIR anticipated for public review summer 2021 Major Applications – Specific Plan Date Submitted Case No. Applicant Description Location Status 12/8/2017 SP 17-01 E 17-10 Lewis Development Specific Plan East side of the 215 Fwy. DEIR anticipated for public review summer 2021 Major Applications – Conditional Use Permit Date Submitted Case No. Applicant Description Location Status 1/2/2019 CUP 19-01 SA 19-03 E 19-05 GrandT-1 Inc. Industrial Semi- Trailer Storage Facility APN: 0275- 191-06, 30 Approved – Grading plans submitted Community Benefit Agreement in Review 9/17/2017 CUP 17-08 E 17-07 National Logistics Team Recycling Pallets 21496 Main Street Anticipate hearing date summer 2021 Administrative Applications Date Submitted Case No. Applicant Description Location Status 10/15/2020 ASA 20-05 E 20-05 Edna Medrano Adult Day Health Care 22400 Barton Road, Unit 200 Approved on 1/14/2021 11/7/2019 ASA 19-11 E 19-12 Paul Bustos Willdan Pump Parking Lot Addition 22038 Van Buren – Deemed Incomplete on 12/18/2019 Land Use Review Date Submitted Case No. Applicant Description Location Status 1/27/2021 LU 21-14 Adrian Fonseca Wall, Gate, Concrete 12751 Darwin Ave Approved 1/26/2021 LU 21-13 Room’s and Covers Patio 22810 Raven Way Approved 1/25/2021 LU 21-12 Roberto Fernandez Wrought Iron Fencing 23173 Vista Grande Approved 1/22/2021 LU 21-11 GNL Manufacturing Manufacturing Business 21800 Barton Road Approved Page 33 C.3.a Packet Pg. 48 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) 1/22/2021 LU 21-10 Amnpreet Brar Room Addition 22988 Vista Grande Approved 1/19/2021 LU 21-09 Rene Guerrero Block Wall 12022 Rosedale Avenue Approved 1/19/2021 LU 21-08 Tony Hermawan Indo Restaurant 22419 Barton Road Approved 1/14/2021 LU 21-07 Rondalyn Spurlock Temp POD 23015 Victoria Street Approved 1/13/2021 LU 21-06 Joe Enzembacher Shed 22664 Miriam Way Approved 1/12/2021 LU 21-05 Karen Sanchez Solar Canopies 12725 Oriole Avenue Approved 1/11/2021 LU 21-04 Efrain Garcia Block Wall 12026 Preston Street Approved 1/8/2021 LU 21-03 Luis Macias Block Wall/Ground Deck 22222 Van Buren Approved 1/7/2021 LU 21-02 Kim Pickard New Fence 12645 Warbler Ave Approved 1/5/2021 LU 21-01 Joseph Navarro Block Wall 22673 Arlis Drive Approved 8/20/2020 LU 20-51 Alton Green Retaining Wall 22081 De Berry Street Incompleteness Letter 9/16/2020 4/15/2019 LU 19-31 Ricky Komorida Café Lounge 22417 Barton Road Resubmittal received on 6/23/2020 Second Incompleteness letter prepared on 8/17/2020 Home Occupation Permit Date Submitted Case No. Applicant Description Location Status 1/14/2021 HOP 21-01 Robert Vasquez Home Inspection Services 12635 Kingfisher Avenue Approved Sign Application Date Submitted Case No. Applicant Description Location Status 1/22/2021 TEMP SGN 21-01 Bobbie Vann Estate Sale 12432 Willet Avenue Approved 11/30/2020 SIGN 20-05 Bickel Group Sign Program APN’s: 0275- 242-10, 11 In Review Special Event Date Submitted Case No. Applicant Description Location Status 11/30/2020 SE 20-04 Mario Sanchez Senior Highschool Hike Pico and Honey Hill Approved 1/6/2021 Page 34 C.3.a Packet Pg. 49 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) BUILDING AND SAFETY DIVISION Building and Safety and Planning Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections The Building and Safety Division is budgeted for one full time Permit Technician and one full time Building Official. The Building Official position is currently being filled through a contract with Interwest Consulting Group. These two positions constitute up to 240 monthly service hours. Additionally, the Department budgets for plan checking and inspection services. Inspection services are conducted daily. The cost of these services is offset through the collection of fees and deposits. Activity Summary for Building and Safety Building Permit Activity includes 35 permits issued in January. Year to date a total of 277 permits have been issued with a total revenue of $82,003.21. In addition, a total number of 69 customers were assisted at the Building & Safety counter for the month of January. Monthly Revenue Year to Date Revenue $9,630.20 $82,003.21 Permit Activity -January 2021 Applications recv'd (43)Permits issued (35) Permits final (34)Business Occupancies (1) Expired Permits (7) Permit Activity -Year to Date Applications recv'd (254)Permits issued (232) Permits final (178)Business Occupancies (15) Expired Permits (22) Page 35 C.3.a Packet Pg. 50 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Permits Issued Permits issued in January include, HVAC replacements, block walls, re-roofs, PV solar, and residential room additions. Additionally, a tenant improvement permit for a future floor and carpet store was issued in the month of January. * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. Residential Permits Issued-December 2021 (N) SFR (0)Block Wall (4)Reroofs (9) Water Heater / Plumbing (0)HVAC Mechanical (4)Solar (8) Panel Upgrades / Electrical (3)Patio Covers (1)Res. Alteration / Addition (5) Pool Spa (0) Residential Permits Issued-Year to Date FY 2020-2021 SFR New (1)Block Walls / Retaining Walls (21)Reroofs (90) Water Heater / Plumbing (19)HVAC Mechanical (31)Solar (66) Panel Upgrades / Electrical (31)Patio Covers (9)Residential Alteration / Repair (37) Pools/Spa (2)Grading (0) Page 36 C.3.a Packet Pg. 51 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Inspections A total of 71 inspections were conducted in January, with 36 of them being final inspections. Commercial Permits Issued -Year to Date FY 2020-21 Commercial Tenant Improvement (1)Signs (0) Electrical (2)Demolition (1) Grading (1)New Commerical (1) 0 50 100 150 200 250 300 350 400 450 BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION NUMBER OF INSPECTIONS CONDUCTED July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Page 37 C.3.a Packet Pg. 52 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Major Projects Under Construction Major projects under construction include construction of new single-family residences at 12040 La Cadena Dr. and 23400 Westwood St. Additionally, a new 2,080 square foot Taco Bell restaurant building is under construction at 22172 Barton Rd. Project Description/Location Status Anel Aguayo – 12040 La Cadena Dr. 12040 La Cadena Dr. – Precise grading for new single-family residence Drywall inspection complete – under construction Frank Randall 23400 Westwood St. 23400 Westwood St. – Precise grading & new single-family residence Under Construction – Foundation completed CM Corp 22172 Barton Rd. 22172 Barton Rd. – Precise grading, street improvements, and new 2,080 sq. ft. Taco Bell Under Construction Plan Checking Activity For January 2021, a total number of eleven plans were submitted for review and re - submittal. Plans submitted include PV solar, patio covers, and a room addition. Project Description/Location Status Richardson’s RV – 12438 Michigan St 12438 Michigan St. – Precise grading for RV parking lot & upgrades to a parts building Paul Tickner – 22633 Palm Ave. 22633 Palm Ave. – Interior remodel of commercial kitchen for Azure Hills Church In Plan Check – Provided 1st set of corrections to applicant Loud Burger – 22497 Barton Rd. 22497 Barton Rd. – Tenant Improvement for Loud Burger In Plan Check – Received 3rd plan review submittal Patrick O’Brien – 21400 Vivienda Ave. 21400 Vivienda Ave. – Precise grading for trailer yard and community garden In Plan Check – Provided 1st set of corrections to applicant Edna Medrano – 22400 Barton Rd. 22400 Barton Rd. – Tenant improvement for new adult day care center In Plan Check – Provided 1st set of corrections to applicant Nilo Radam – 22988 Vista Grande Way 22988 Vista Grande Way – Build new 341 sq. ft. room addition In Plan Check – Provided 1st set of corrections to applicant Page 38 C.3.a Packet Pg. 53 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Public Works Encroachment Permits Eight Public Works/Encroachment Permit applications were taken in for the month of January. Six permits were issued for the month, which includes applications that were received in the previous month. 0 10 20 30 40 50 60 SoCal Gas Edison Optimum AT&T Other Total Encroachment Permits Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Page 39 C.3.a Packet Pg. 54 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION Core Services ➢ Zoning & Municipal Code Enforcement ➢ Animal Control Services ➢ Street Sweeping Traffic Enforcement The Division is budgeted for one full time Officer, a 36-hour Specialist, and a full- time Office Specialist. On-call coverage is provided to handle after hour emergency anima l control calls. The City is divided into seven zones, including commercial centers, and the zones are inspected on a continual rotating basis over a two-week period. A set route is driven each day in addition to the zones. The route includes Mount Vernon Avenue, Main Street, Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van Buren Street. Activity Summary for Code Enforcement Code Enforcement had 56 cases carried over from the previous month, 29 new cases opened, and 23 cases were closed. The Division closed out January with 62 open cases. The chart below demonstrates a breakdown of Code cases by detailing how many cases were carried over from the previous month, opened, closed, and still being addressed. 45 67 71 69 77 78 56 52 70 52 34 87 35 29 33 66 54 26 86 54 23 67 71 69 77 78 56 62 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020/2021 CODE CASES Number of Cases Carried Over Number of Cases Opened Number of Cases Closed Number of Cases In Process Page 40 C.3.a Packet Pg. 55 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) The following table shows the number of inspections conducted, the number of citations, and corrective notices issued. Column1 Jul Aug Sep Oct Nov Dec Jan Inspections Conducted 85 118 110 66 88 77 43 Notice of Corrections Issued 41 67 33 44 43 23 12 Notice of Violations Issued 24 20 13 10 4 7 5 Citations Issued 7 10 7 7 2 5 2 *The number of corrections issued does not include vehicle related complaints, illegal dumping referred to Burrtec, or homelessness on public property referred Sheriff’s Department. Weekend Code Enforcement Activities The Weekend Animal Control/Code Enforcement Specialist patrols the weekends and conducts zone inspections and scheduled re-inspections. Weekend code enforcement also handles code violations such as unpermitted yard sales, open house signs, and parking violations. The table below demonstrates weekend code enforcement activities by type for this fiscal year. Parking Citations: In January , 277 vehicle related citations were issued; 260 of the citations issued were related to street sweeping enforcement. Street Sweeping in residential areas occurs on the first, second, and third Thursdays of each month. 3 3 4 11 2 6 12 1 0 24 7 11 22 1 10 6 11 1 6 4 23 6 5 5 3 2 5 13 21 26 27 21 22 23 16 11 17 15 14 1 7 11 JULY AUG SEP OCT NOV DEC JAN Weekend Code Enforcement Graffiti Unpermitted Yard sale signs Open house and other signs Illegal Dumping Follow-up inspections Parking violations Page 41 C.3.a Packet Pg. 56 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) As of June 4, 2020, Code Enforcement resumed issuing street sweeping citations for vehicles parked on the street during street sweeping hours which was suspended due to COVID-19. Other parking citations include expired registration, parking on unpaved surfaces, a nd commercial vehicles in residential areas. Parking citations are issued by Code Enforcement Staff, as well as Sheriff Deputies. Graffiti/Vandalism/Illegal Dumping There was 13 cases of illegal dumping and 12 cases of graffiti reported in January; all cases have been resolved. 216 204 218 292 25 0 260 Jul Aug Sep Oct Nov Dec Jan# of CitationsStreet Sweeping Citations Jul Aug Sep Oct Nov Dec Jan Parking Facing Wrong Direction 8 5 5 2 0 0 1 Vehicles Blocking Sidewalk/Driveway 14 12 11 8 0 0 0 Other Parking Violations 8 6 20 4 4 1 5 Expired Registration/Missing plates or tabs 21 3 10 1 5 1 2 Commercial Vehicle Violations 3 0 1 2 0 1 1 Recreational Vehicle Violations 8 1 10 7 3 0 2 Vehicles on Unpaved Surface 2 0 0 2 0 0 0 72 Hour Parking Warning/Cite 15 5 7 8 7 6 6 0 10 20 30 40 50 60 70 80 90 Other Parking Citations 2019/2020 Page 42 C.3.a Packet Pg. 57 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Non-Owner Occupied/Rental Property Program There are approximately 379 properties in the Program (number is subject to change as properties get sold or becomes owner occupied) consisting of bo th single-family units and multiple family units (i.e. apartments, duplexes, triplexes, and quadruplexes). 115 properties are enrolled in the Good Landlord/Tenant Program signifying they have kept well-maintained properties and have passed inspectio ns for 3-4 consecutive years. Property owners in the Good Landlord Program also receive reduced inspection fees and windshield inspections. In August, Code Enforcement issued an Application for Non -Owner Occupied/Rental Inspection to current rental property owners to add additional rental properties, renew information, or if qualified, opt out of the program. Owners may currently opt out of th e program if their entire home is owner/family occupied (as a courtesy), if they no longer own the property, or if the property is a condominium in which ownership consists of the interior only. As a result of the notices 14 properties have been approved to opt out of the program. In October, all of the rental properties were inventoried to determine whether they passed the 2020 Annual Inspection on the first try or if they failed because it determines whether properties will continue to be in the Good Landlord Program or be removed. Also, properties entering their 11th year in the program are removed from the Good Landlord Program and revert to first year status. There are 115 properties in the Good Landlord Program for 2021 which is a 30.6% increase from 88 in 2020. In December, Code Enforcement will issue annual Non -owner Occupied/Rental renewal notices for all properties enrolled in our program and renewal fees are due January 1st. By the conclusion of January 216 property owners have paid their inspection fees. Civic Live There were five complaints received via Civic Live in January related to property maintenance and vehicle issues. Four cases have been resolved; one case is still being worked by Code Enforcement. Animal Control Services With the implementation of Animal Control Services, the City has instituted the practice of first making every effort to return stray dogs to its owner, by checking it for tags or microchip. If the owner cannot be identified, the City will place a photograph of the impounded animal on the City’s Facebook page so that owners can reclaim their pet. Animal Control is also working to identify animals via Facebook who have been sent to the animal shelter and have since been returned to their owner so their statu s can be updated for the public. If the dog is unlicensed the owner will be given a citation, but the fine is dismissed if the dog is licensed within 7 days. Riverside County Department of Animal Services stats. Page 43 C.3.a Packet Pg. 58 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Animal Control Sheltering Services Jul Aug Sep Oct Nov Dec Jan Animal Intakes Strays 2 0 3 4 3 7 2 Stray Dead 3 9 4 3 4 4 3 Owner Surrender 2 0 0 0 0 0 8 Other 3 0 1 0 1 1 0 Total 10 9 8 7 8 12 13 Animal Disposition Adopted 2 18 2 1 3 1 3 Returned to Owner 0 0 0 0 1 0 0 Euthanized 0 2 1 1 0 0 0 Other 0 0 0 0 1 0 0 Total 2 20 3 2 5 1 3 The following stats are from Grand Terrace Animal Control. 0 1 2 3 4 5 6 7 8 OCT NOV DEC JAN 1 3 4 1 0 1 0 0 1 3 2 8 3 0 0 5 0 2 0 1 6 4 4 5 0 3 0 2 1 5 5 4 Animal Control Investigations Barking Complaints Unlicensed Dogs Loose Dogs Loose Dogs Returned to Owner Animal Welfare Check Dead Animals Bites Other (unfounded, wildlife, etc.) Page 44 C.3.a Packet Pg. 59 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Dog Licensing Revenue In the beginning of January, Animal Control began canvassing properties with outstanding dog licenses and leaving a door hanger with renewal information to ensure we have the most accurate count of dogs in our system. Often times individuals move away from the City and we are not notified and annually those properties are issues renewal notices as typical protocol. During this time there was an influx of individuals renewing their dog licenses and licensing new dogs. The door hanger indicated they had a month and half to renew the license or they may risk receiving a citation. The deadline was extended from February 12th to March 1st due to COVID related issues. $503.00 $581.00 $1,312.00 $1,103.00 $345.00 $497.00 $2,015.00 $- $500.00 $1,000.00 $1,500.00 $2,000.00 $2,500.00 Jul Aug Sep Oct Nov Dec Jan Dog License Revenue (Over the Counter) $253.00 $223.00 $30.00 $186.00 $203.00 $68.00 $37.00 $- $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 Jul Aug Sep Oct Nov Dec Jan Dog License Revenue (Online) Page 45 C.3.a Packet Pg. 60 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) $756.00 $804.00 $1,342.00 $1,289.00 $548.00 $565.00 $2,052.00 $- $500.00 $1,000.00 $1,500.00 $2,000.00 $2,500.00 Jul Aug Sep Oct Nov Dec Jan Combined Dog License Revenue Page 46 C.3.a Packet Pg. 61 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) &LW\RI*UDQG7HUUDFH 3XEOLF:RUNV'HSDUWPHQW 3XEOLF:RUNV x (QJLQHHULQJ x Waste Generation Report x Missed Pick-Up Report x Public Works Administration x CIP Contracts Page 47 C.3.a Packet Pg. 62 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) DATE: March 16, 2021 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Public Works Department SUBJECT: JANUARY 2021-MONTHLY REPORT –PUBLIC WORKS DEPARTMENT This monthly report is presented to the City Manager to keep him informed of the activities within the Public Works Maintenance Department. Engineering Division The Engineering Division is responsible for managing the City’s Capital Improvement Program (CIP). This includes for the administration, planning, programming, design, construction management, and construction of capital projects throughout the City. Grant funding (when available) are sought after to supplement project funding. The following table summarizes the current projects, status and associated funding source(s). Project Name Funds Status Fund Source(s) Barton Bridge Replacement Project $ 3,500,000 Preliminary Design Started, technical studies started, Environmental nearly completed. Fed, State, City Commerce Way Extension $ 5,500,000 Completed Final Design of City Section, coordinating with developer on southern portion and grant funding State, City CIP Year 3 Street Slurry/Resurfacing $950,000 Awarded at February 23, 2021 meeting, Contract Execution , Scheduling Pre-Con Meeting. State, City HSIP Cycle 8, Mt. Vernon Safety Project $400,000 Received additional grant funding to complete project. Notice of Completion filed. Working with Caltrans to close out project. Federal Grant HSIP Cycle 9 Guardrail Project $650,000 Prepared Preliminary Engineering Documents and requested proposals, no proposals submitted Federal Grant EV Charging Stations $180,000 Easement in process for SCE, equipment, submitted grant paperwork MSRC, SCIP, AQMD Grants Grand Terrace, north of Newport Ave. Rehabilitation and Resurfacing $60,000 Joint emergency project with SCE to rehabilitate and resurface street. Project completed. Notice of Completion filed. City Page 48 C.3.a Packet Pg. 63 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) WORK RELEASE HOURS Maintenance was supplemented by 413 work releases hours during the month of January. January 2021 REQUEST RECEIVED THIS MONTH REQUEST RESOLVED THIS MONTH REQUEST IN PROCESS CIVICLIVE WORK ORDERS ONLY 36 34 2 REQUEST ROLLOVER FROM PREVIOUS MONTHS 2 TOTAL WORK ORDERS TO BE COMPLETED 4 JANUARY 2021 (36 work orders) # Status Open Date Resolved Date Type 493859 resolved 01/01/2021 14:31 01/28/2021 Water Leak Issue 493975 resolved 01/02/2021 03:59 01/07/2021 Tree Issues 495273 resolved 01/04/2021 11:32 01/28/2021 Street Sign issues 496385 resolved 01/05/2021 14:08 01/29/2021 Pothole 496387 resolved 01/05/2021 14:09 01/29/2021 496391 resolved 01/05/2021 14:11 01/05/2021 INTERNAL- General Office 496390 resolved 01/05/2021 14:11 01/05/2021 INTERNAL- General Office 496389 resolved 01/05/2021 14:11 01/05/2021 INTERNAL- General Office 497969 resolved 01/07/2021 10:46 01/07/2021 Tree Issues Preston Signal Modification $117,000 Project completed Final Payment and Notice of Completion Spring Mountain Ranch Fund, DIF and Insurance Settlement Fitness Park Sail Project $100,000 Awarded purchase of materials through Buy Board, Installation contract awarded on Feb 23, 2021 and it is being executed. Bond proceeds CICIVIC LIVE MONTHLY STATS CITY OF GRAND TERRACE Page 49 C.3.a Packet Pg. 64 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) 498700 resolved 01/08/2021 10:51 03/10/2021 Street Sign issues 500620 resolved 01/11/2021 16:41 02/12/2021 Tree Issues 500998 resolved 01/12/2021 09:39 02/17/2021 Property Maintenance 501345 resolved 01/12/2021 14:21 01/20/2021 Illegal Dumping 501775 resolved 01/13/2021 08:50 01/22/2021 Illegal Dumping 501975 resolved 01/13/2021 10:34 01/20/2021 INTERNAL- General Office 503921 canceled 01/16/2021 10:43 01/19/2021 Street Sign issues 505050 resolved 01/18/2021 18:33 03/10/2021 Issue with Park/Facility Equipment 506571 resolved 01/20/2021 11:38 01/27/2021 Water Leak Issue 506576 resolved 01/20/2021 11:44 01/22/2021 Internal Overgrown Grass/Weeds 507635 resolved 01/21/2021 13:23 01/26/2021 Internal Street Sign Issues 509042 resolved 01/24/2021 11:39 02/04/2021 Tree Issues 509773 resolved 01/25/2021 11:10 01/28/2021 Water Leak Issue 509894 received 01/25/2021 12:52 -- Graffiti 510142 resolved 01/25/2021 22:02 01/29/2021 Pothole 512527 received 01/28/2021 13:52 -- Issue with Park/Facility Equipment 512831 resolved 01/29/2021 07:47 02/01/2021 Internal Drainage Issues 512840 resolved 01/29/2021 07:50 02/01/2021 Internal Overgrown Grass/Weeds 512836 resolved 01/29/2021 07:50 02/01/2021 Internal Issue with Park/Facility Equipment 512834 resolved 01/29/2021 07:50 Internal Overgrown Grass/Weeds 512833 resolved 01/29/2021 07:50 02/01/2021 Internal Issue with Park/Facility Equipment 512844 resolved 01/29/2021 08:03 02/01/2021 Internal Issue with Park/Facility Equipment 512843 resolved 01/29/2021 08:03 02/01/2021 Internal Issue with Park/Facility Equipment 512853 resolved 01/29/2021 08:07 02/01/2021 INTERNAL- General Office 512859 resolved 01/29/2021 08:10 02/01/2021 Drainage Issues 512863 resolved 01/29/2021 08:13 02/01/2021 Property Maintenance 513686 resolved 01/31/2021 09:06 02/01/2021 Graffiti Page 50 C.3.a Packet Pg. 65 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Potholes The table below shows the potholes reported via Civic Live for the current fiscal year. It takes on average 25.5 days to have a pothole repaired. Factors that contribute to delays are staffing issues, size of potholes, and readily available supplies dependent on the size of the pothole. # Open Date Repair Date # Days Location 347210 07/16/2020 13:48 07/28/2020 11 22322 Van Buren Grand Terrace 348456 07/19/2020 14:04 07/28/2020 8 22466 Van Buren St Grand Terrace 92313- 5620 351402 07/23/2020 10:10 07/29/2020 5 Mt Vernon Ave Grand Terrace 352187 07/24/2020 12:12 07/28/2020 3 Palm Ave Grand Terrace Drainage Issues 3%Internal Issue with Park/Facility Equipment 11% Illegal Dumping 6% INTERNAL- General Office 14% Issue with Park/Facility Equipment 6% Pothole 8%Tree Issues 11%Street Sign Issues 8% Property Maintenance 6% Internal Street Signs Issues 3% Graffiti 6% Water Leak Issue 8% Internal Drainage Issue 3% Internal Overgrown Vegatation 8% JANUARY 2021 CIVIC LIVE WORK ORDERS Page 51 C.3.a Packet Pg. 66 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) 357374 08/01/2020 16:05 08/10/2020 8 12710 Garden St Grand Terrace 92313 363976 08/11/2020 12:21 10/19/2020 68 Litton St Grand Terrace 368575 08/18/2020 13:54 10/14/2020 56 Mt Vernon Grand Terrace 375412 08/28/2020 16:59 10/19/2020 51 22735 Raven Way Grand Terrace 92313 378641 09/02/2020 12:54 09/03/2020 1 Barton Rd Grand Terrace 392966 09/23/2020 14:57 11/18/2020 55 22905 Arliss Dr Grand Terrace 401299 10/06/2020 10:45 10/09/2020 3 23180 Palm Ave Grand Terrace 92313 408227 10/15/2020 20:11 10/19/2020 4 22735 Raven Way Grand Terrace 414655 10/26/2020 06:07 10/26/2020 0 Michigan St / Pico St Grand Terrace 416920 10/28/2020 13:03 01/13/2021 76 La Cadena Grand Terrace 416923 10/28/2020 13:05 11/02/2020 5 22125 Barton Road 92313 Grand Terrace 416927 10/28/2020 13:05 11/02/2020 5 Pico St Grand Terrace 416930 10/28/2020 13:12 01/06/2021 69 2500 Pico St Grand Terrace 420533 11/03/2020 07:37 11/25/2020 22 Grand Terrace Rd Grand Terrace 426764 11/08/2020 08:34 01/06/2021 59 22208 Fulmar Pl Grand Terrace 92313 480859 12/09/2020 11:57 01/06/2021 28 Westwood Street Grand Terrace 496385 01/05/2021 14:08 01/29/2021 24 12503 Mt Vernon Ave Grand Terrace 92313 496387 01/05/2021 14:09 01/29/2021 24 12498 Mt Vernon Ave Grand Terrace 92313 510142 01/25/2021 22:02 01/29/2021 3 22163 Pico St Grand Terrace Grand Terrace 92313 Page 52 C.3.a Packet Pg. 67 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Park Shelter Reservations and Community Room Reservations Park and Community Room reservations have been affected by COVID-19 and it is open for limited use. Park Maintenance Park Grass mowed Full-service planter maintenance Gopher service Restroom service (a.m.) Trash receptacle service Richard Rollins Park Weekly Once Once Daily M-Fr, S* Pico Park Weekly Once Daily M-Fr, S* TJ Austin Park Weekly Once --- --- M-Fr, S* Gwen Karger Park Weekly Once --- --- M-Fr, S* Fitness Park --- Once (pull weeds) Daily M-Fr, S* Griffin Park --- Location Grass mowed Full-service planter maintenance Trash service receptacle Greenbelt Weekly Once Canal Strip Weekly --- Oriole slope --- Once Orange Grove Parkway --- Once (pull weeds) Civic Center Weekly Once Daily Bike Stations Bi-monthly M & Th Page 53 C.3.a Packet Pg. 68 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Waste Management Services Burrtec Waste Industries Waste Generation Report: - Burrtec releases Waste Generation Reports two months following month of service. - Year-to-Date (YTD) Summaries are also available January 2021: Concise Waste Generation Report (Unit of Measure: Tons) Service Description Refuse Recycling E- Waste Green- waste Tires Tin/ White Scrap Metal Inert C&D Food Comm’l Select / Floor- sort Total Tonnage Generated Total Tonnage Generated by Category Residential 295.33 93.64 130.17 519.14 Christmas Tree 1.14 1.14 Bulky Item 8.09 0.28 2.45 10.82 531.10 Residential Clean Up Multi-Family 150.46 10.45 7.53 168.44 168.44 Multi-Family Commercial 154.33 8.31 0.21 0.59 2.10 0.93 166.47 School 56.80 14.54 71.34 237.81 Commercial Roll off 48.42 8.00 15.26 71.68 71.68 Roll off Grand Total 713.43 128.08 0.28 137.70 0.21 2.45 0.59 8.00 15.26 2.10 0.93 1009.03 Page 54 C.3.a Packet Pg. 69 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - Missed Pick-Up Report Date Reported Address Description Date Pick Up Completed 12/3/2020 12553 Reed Ave Missed Trash Bin 12/3/2020 12/10/2020 12218 Pascal Ave Missed Recycle Bin 11/10/2020 12/12/2020 11645 Grand Terrace Ct Missed Recycle Bin 12/13/2020 12/16/2020 22464 Van Buren St Missed Recycle Bin 12/17/2020 12/18/2020 22740 La Paix St Missed Green Waste Bin 12/18/2020 12/27/2020 23008 Orangewood Ct Missed Green Waste Bin 12/28/2020 12/27/2020 12060 Arliss Dr Missed Recycle Bin 12/27/2020 Page 55 C.3.a Packet Pg. 70 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - Public Works Administration Contracts, Bids, Reports, Grants, Project Management & Events Contracts: Public Works Services for FY 2020-21: Contractor Name Service Contract Amount Remaining Balance as of JAN. 31, 2021 Albert A Webb Associates Commerce Way Final Design Southern Portion $170,880 $4,119 Clean Street Street Sweeping Services $54,508 $23,900 City of Colton Cooperative Agreement with Grand Terrace Traffic Signal Maintenance for signal on Litton Avenue N/A N/A EZ Sunnyday Landscape Landscape Maintenance $47,830 $22,790 Gopher Patrol Gopher Abatement Services $7,227 $1,995 Hardy and Harper, Inc Street Maintenance Services $10,000 $3,300 Interwest Consulting Group TKE Engineering, HR Green On-Call Public Works Inspection Services $40,000 $31,767 Interwest Consulting Group, TKE Engineering, WIlldan Group On-Call Engineering Services $50,000 $27,348.75 Interwest Consulting Group Interim Public Works Services $165,000 $110,070 Lynn Merrill NPDES Services $10,000 $9,073 Lynn Merrill HSIP Cycle 9 $32,415 $18,992 Moran Janitorial Services Janitorial Services for City Hall and City Parks $19,980 $16,230 Otis Elevator Elevator Maintenance $5,291 $0 San Bernardino County Dept of Public Works – Flood Control Flood Control Facilities $22,770 $22,770 San Bernardino County Fire Dept – Hazardous Material Household Hazardous Waste (HHW) Services $18,065 $4,652 San Bernardino County Land Use Services Fire and Weed Hazard Abatement Services $13,526 $13,526 St. Francis Electric, LLC. Traffic Signal Maintenance Services $20,000 $17,041 County of Riverside TLMA Administration Main Street Traffic Signal Maintenance Services $6,000 $5,507.04 West Coast Arborist 5 Year Tree Maintenance Program $38,560 ($192,802: 5-yr term) $38,560 ($192,802: 5-yr term) Western Exterminator Co. Pest Control Services $4,384 $0 Willdan Engineering Services (incl. Landscape and Lighting Assessment District) $7,000 (paid with Dev. fees) N/A (Developer Fee and LLMD Assess.) TOTAL PUBLIC WORKS CONTRACT VALUE FOR FY 2020-21: $743,436 $371,641 balance Page 56 C.3.a Packet Pg. 71 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) FY 2020-21 Capital Improvement Project Contracts Contractor Name Service Contract Amount Contract Balance TSR Construction and Inspection Mt. Vernon Safety Improvement $367,208 $5,476 HR Green Mt. Vernon Safety Improvement Inspection $22,500 $17,590 Interwest Consulting Group Commerce Way Extension Real Estate & Engineering Services $360,005 $229,627 City of Colton Eastern Barton Road Bridge Repair $23,896 $13,385 TOTAL CIP PROJECT CONTRACT VALUE FOR FY 2020-21 $773,609 $266,078 Bids: - N/A Major Reports: N/A Grants: - MSRC Funding for Clean Transportation Projects EV Chargers - HSIP – Highway Safety Improvement funding for Mt. Vernon Construction - HSIP – Guardrail Safety Project Project Management: - Senior Center ADA Door Installation - HSIP Cycle 9 Guardrail Project - HSIP – Highway Safety Improvement funding for Mt. Vernon Major Meetings / Events: - N/A Page 57 C.3.a Packet Pg. 72 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Sheriff’s Contract •Law Enforcement Services Page 58 C.3.a Packet Pg. 73 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) San Bernardino County Sheriff’s Department Services December 2020 January 2021 Officer Contact and Calls 1,411 Monthly Citation Data December 2020 January 2021 Stops 393 406 Citations Issued 128 125 Calls to Dispatch December 2020 January 2021 Emergency 3 2 Priority 1 110 127 Priority 2 37 47 Priority 3 173 180 Priority 4 83 55 Totals 406 411 vankagans@gmail.com 3 2 110 127 37 47 173 180 83 55 0 50 100 150 200 250 300 350 400 450 Dec-20 Jan-21 Calls to Dispatch Emergency Priority 1 Priority 2 Priority 3 Priority 4 Page 59 C.3.a Packet Pg. 74 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) Emergency – 911 calls (evaluated for substance). Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago. Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls. Note: As dispatch receives more information during the call, the level of priority can change to a higher or lower level priority. Citizens on Patrol (COP) - Weekly Hours for March 2020: Mar. 9th Mar. 16th Total Hours 8 2 10 * - On March 17th all patrol activities for the Citizens on Patrol were suspended. Page 60 C.3.a Packet Pg. 75 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) San Bernardino County Fire Page 61 C.3.a Packet Pg. 76 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) City of Grand Terrace Fire Department Incidents 01/01/21 – 01/31/21 Call Type Number of Calls Carbon Monoxide Alarm 2 Commercial Alarm 2 Fire – Unknown Type 2 Inside Investigation 2 Medical Aid 144 Move Up (Cover Engine into FS#23) 2 Outside Investigation 1 Public Service 1 Residential Alarm 2 Traffic Collision with Extrication 2 Traffic Collision with Injuries - Freeway 2 Traffic Collision Unknown Injuries 1 Traffic Collision Unknown Injuries – Freeway 3 Total Calls 166 Page 62 C.3.a Packet Pg. 77 Attachment: City Manager Departmental Monthly Report - Final (Department Monthly Activity Report - January 2021) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Approval of the February-2021 Check Register in the Amount of $365,325.10 PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Approve the Check Register No. 02282021 in the amount of $365,325.10 as submitted, for the period ending February 28, 2021. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and o perational costs. BACKGROUND: The check register for the month of February-2020 has been prepared in accordance with Government Code §37202 and is hereby submitted for City Council’s approval. The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month of February-2020. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency. Expenditure account number formats are XX -XXX-XXX [Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. DISCUSSION: CHECK REGISTER A total of $365,325.10 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the individual monthly register. Below is a table that lists payments larger than $10,000 for the month of February-2020. C.4 Packet Pg. 78 Payments larger than $10,000: Check No. Payee Description Amount 77952 SB COUNTY SHERIFF FEB-2021 LAW ENFORCEMENT SERVICES $183,999.00 77972 FAMILY SERVICES ASSOCIATION JUL2020-DEC2020 SR CTR COORDINATOR SVCS $21,379.42 77980 ALESHIRE & WYNDER JAN-2021 LEGAL SERVICES $19,006.07 77982 BURRTEC WASTE INDUSTRIES DELINQUENT TRASH COLLECTIONS $52,301.41 TOTAL PAYMENTS LARGER THAN $10,000 $276,685.90 PAYROLL Payroll costs for the month: Pay Per. Period Start Period End Pay Date Amount Feb-21 17 From 1/23/2021 to 2/5/2021 2/11/2021 $56,891.43 18 From 2/6/2021 to 2/19/2021 2/25/2021 $45,601.44 $102,492.87 FISCAL IMPACT: All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2020-21 in the amount of: Description Amount Feb-21 Check Register $365,325.10 Payroll $102,492.87 $467,817.97 ATTACHMENTS: • Check Register Account Index (PDF) • February 2021 Check Register Report-2 (PDF) APPROVALS: Cynthia A. Fortune Completed 03/06/2021 5:47 PM Finance Completed 03/06/2021 5:47 PM C.4 Packet Pg. 79 City Attorney Completed 03/15/2021 3:54 PM City Manager Completed 03/18/2021 11:49 AM City Council Pending 03/23/2021 6:00 PM C.4 Packet Pg. 80 CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER Account Index Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.4.a Packet Pg. 81 Attachment: Check Register Account Index (February-2021 Check Register in the Amount of $365,325.10) Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT City of Grand Terrace Check Register Index C.4.a Packet Pg. 82 Attachment: Check Register Account Index (February-2021 Check Register in the Amount of $365,325.10) CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 MONTHLY CHECK REGISTER For the Period Ending February 28, 2021 Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.4.b Packet Pg. 83 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice # E 10-140-255-000-000 77.50 77.50 1,366.55 E 10-140-255-000-000 100.00 100.00 120187 GT STREET SWEEP INVOICES - NOVEMBER 20 12/09/2020 E 10-185-255-000-000 189.05 189.05 121120 GT STREET SWEEP INVOICE - DECEMBER 2020 02/03/2021 E 10-185-255-000-000 200.00 200.00 115421 GT ADMIN OUTSTANDING INVOICES - JULY 202 08/24/2020 E 10-185-255-000-000 200.00 200.00 120517 GT ADMIN OUTSTANDING INVOICES - DECEMB 02/03/2021 E 10-185-255-000-000 200.00 200.00 119514 GT ADMIN OUTSTANDING INVOICES - NOVEMB 12/09/2020 E 10-185-255-000-000 200.00 200.00 119304 GT ADMIN OUTSTANDING INVOICES - OCTOBE 11/25/2020 E 10-185-255-000-000 200.00 200.00 117480 GT ADMIN OUTSTANDING INVOICES - SEPTEMB 10/23/2020 E 10-175-230-000-000 1,060.40 1,060.40 1,060.40 77925 02/05/2021 DATA TICKET INC 117253 GT ADMIN OUTSTANDING INVOICES - AUGUST 09/23/2020 77924 02/05/2021 DAILY JOURNAL CORPORATION B3434428 NOTICE INVITING BIDS 20-21 ANNUAL ROAD RE 01/28/2021 R 10-410-06 77.80 B 23-200-23-00 1.00 78.80 78.80 Inv. Date Amount Paid Check Total 77923 02/05/2021 ADVANCED PERMIT SERVICES 02052021 REFUND OF BUILDING PERMIT #B00-003-715 02/05/2021 Check #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 C.4.b Packet Pg. 84 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 10-195-245-000-000 760.00 E 10-450-245-000-000 1,325.00 2,085.00 2,085.00 E 10-140-250-000-000 3,066.00 3,066.00 3,066.00 77932 02/05/2021 MORAN JANITORIAL SERVICES L 1818 DECEMBER 2020 JANITORIAL SERVICES - CH & 01/04/2021 E 10-140-250-000-000 2,217.38 2,217.38 2,217.38 77931 02/05/2021 LANCE SOLL AND LUNGHARD LL 42116 2020 STATE CONTROLLER REPORT - CITY 01/31/2021 E 10-175-272-000-000 37.28 37.28 37.28 77930 02/05/2021 HDL COREN CONE SIN006349 JAN-MARCH 2021 PROPERTY TAX SERVICES 02/01/2021 E 10-450-246-000-000 95.00 95.00 95.00 77929 02/05/2021 FRUIT GROWERS SUPPLY 92203414 MIX FOR GAS CANS 02/02/2021 B 10-022-71-00 99.15 99.15 99.15 77928 02/05/2021 FIREMASTER 0000778445 SENIOR CENTER ANNUAL MAINTENANCE 10/27/2020 E 10-125-221-000-000 58.99 58.99 58.99 77927 02/05/2021 EYEMED FIDELITY SECURITY LIF 164658216 FEB EMPLOYEE PAID VISION INSURANCE 02/05/2021 77926 02/05/2021 DFM ASSOCIATES 2021 CA ELECTI 2021 CA ELECTIONS CODE BOOK 02/05/2021 C.4.b Packet Pg. 85 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 10-805-238-000-000 83.91 83.91 198.89 E 10-190-238-000-000 114.98 114.98 0153825012321 SR CENTER INTERNET - HSD3 - JAN-FEB 2021 01/23/2021 E 10-190-238-000-000 78.00 78.00 78.00 77938 02/05/2021 TIME WARNER CABLE 0228510012521 CITY HALL INTERNET - CITY HALL - JAN-FEB 20 01/25/2021 77937 02/05/2021 SPARKLETTS 16179154 011621 JAN 2021 WATER FILTRATION SYSTEM RENTA 01/16/2021 E 10-450-238-000-000 919.32 E 16-510-238-000-000 2,394.26 6,441.14 6,441.14 E 10-172-238-000-000 65.31 E 10-175-238-000-000 65.31 E 10-190-238-000-000 2,996.94 E 10-450-245-000-000 167.64 167.64 167.64 77936 02/05/2021 SO CA EDISON COMPANY JAN 2021 EDISO JAN 2021 ENERGY USAGE 01/29/2021 E 10-140-250-000-000 136.00 136.00 136.00 77935 02/05/2021 SITEONE LANDSCAPE SUPPLY 106019569-001 INDUSTRIAL SCRUBBER AND TEFLON TAPE 01/26/2021 E 10-140-255-000-000 253.51 253.51 253.51 77934 02/05/2021 SB COUNTY AUDITOR CONTROL 1800000567 CONFIRMATION REQUEST SERVICE FOR FY19/12/23/2020 77933 02/05/2021 PAY PLUS SOLUTIONS INC 25094 CALPERS MONTHLY CHARGES - FEB 02/01/2021 C.4.b Packet Pg. 86 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 B 23-250-10-00 83.32 83.32 83.32 B 23-250-20-00 361.74 361.74 361.74 77945 02/12/2021 AMERICAN FIDELITY ASSURANC 2092605 FEB 2021 EMP PAID FLEX SPEND/DEP CARE 02/04/2021 E 36-300-250-000-000 750.00 750.00 750.00 77944 02/12/2021 AMERICAN FIDELITY ASSURANC D270105 FEB 2021 - EMPLOYEE CANCER & ACCIDENT IN 02/12/2021 E 10-110-142-000-000 891.00 891.00 891.00 77943 02/05/2021 US BANK TRUST NATL ASSOC 5947196 REFUNDING ESCROW AGENT FEES 11/01/20-10 11/25/2020 E 10-190-235-000-000 190.05 190.05 190.05 77942 02/05/2021 DOUG WILSON JAN-JUN2021-DW JAN-JUN2021 DW HLTH REIMBURSEMENT 02/04/2021 E 16-900-220-000-000 36.26 36.26 110.61 77941 02/05/2021 VERIZON WIRELESS 9871971703 ALPR CARD LINE CHARGES DEC 2020 - JAN 202 01/23/2021 E 16-900-220-000-000 74.35 74.35 dsb20196554 CA STATE FEE FOR REGULATORY COST 12/01/2020 E 16-900-229-000-000 406.14 406.14 406.14 77940 02/05/2021 UNDERGROUND SERVICE ALERT 120210299 MONTHLY DATABASE MAINTENANCE FEE 02/01/2021 77939 02/05/2021 TRAFFIC MANAGEMENT INC 702614 STREET SIGNS 01/27/2021 C.4.b Packet Pg. 87 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 10-380-250-000-000 5,674.00 5,674.00 5,674.00 E 10-190-211-000-000 21.37 21.37 200.67 77950 02/12/2021 ON SITE COMPUTING 54001614 MARCH IT SERVICES 02/01/2021 E 10-190-211-000-000 37.10 37.10 7-196-29326 NOV EXPRESS MAILING SERVICES 11/26/2020 E 10-190-211-000-000 71.10 71.10 7-253-56122 JAN 2021 EXPRESS MAILING SERVICES 01/21/2021 E 10-190-211-000-000 71.10 71.10 7-188-19733 NOV EXPRESS MAILING SERVICES 11/19/2020 E 47-400-250-001-000 5,466.89 5,466.89 5,466.89 77949 02/12/2021 FEDEX 7-159-71335 OCT EXPRESS MAILING SERVICES 10/22/2020 B 23-505-28-00 485.63 485.63 485.63 77948 02/12/2021 CITY OF COLTON 3 EASTERN BARTON ROAD BRIDGE REPLACEME 12/07/2020 E 10-808-235-000-000 381.92 2,180.25 2,180.25 77947 02/12/2021 CITY NEWSPAPER GROUP 33528 NOTICE OF PREP OF A DRAFT ENVIRONMENTA 02/01/2021 E 10-190-235-000-000 1,143.29 E 10-450-235-000-000 230.84 E 10-805-235-000-000 424.20 77946 02/12/2021 AT AND T FEB 2021 AT&T FEB 2021 AT&T 02/01/2021 C.4.b Packet Pg. 88 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 10-185-250-000-000 90.00 90.00 90.00 E 10-190-212-000-000 322.19 322.19 722.57 77956 02/19/2021 ANIMAL EMERGENCY CLINIC 164953 FOUND STRAY CAT IN PARKING LOT 02/12/2021 E 10-190-212-000-000 400.38 400.38 012557107 JAN 2021 WORKCENTRE 5955 02/01/2021 77955 02/12/2021 XEROX CORPORATION 012557108 JAN 2021 W7970 PRINTER 02/01/2021 E 10-190-238-000-000 118.18 E 10-805-238-000-000 49.44 167.62 167.62 77954 02/12/2021 SPARKLETTS 9637116 020121 JAN 2021 BOTTLED WATER SERVICES FOR CH 02/01/2021 E 16-510-238-000-000 58.56 E 26-604-238-000-000 52.72 111.28 111.28 183,999.00 183,999.00 77953 02/12/2021 SO CA EDISON COMPANY JAN 2021 EDISO JAN 2021 ENERGY USAGE 02/03/2021 E 10-410-255-000-000 5,658.30 E 10-410-256-000-000 170,057.41 E 14-411-256-000-000 8,283.29 130.91 130.91 77952 02/12/2021 SB COUNTY SHERIFF 20337 FEB 2021 LAW ENFORCEMENT SERVICES 02/02/2021 E 10-185-210-000-000 19.99 E 10-185-272-000-000 60.92 B 23-510-47-00 50.00 77951 02/12/2021 PETTY CASH 02092021 PC REPLENISH PETTY CASH NOV 2020 - JAN 2021 02/09/2021 C.4.b Packet Pg. 89 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 10-450-245-000-000 30.26 30.26 30.26 E 16-900-220-000-000 166.87 166.87 166.87 77960 02/19/2021 GRAINGER 9791616460 SUPPLIES FOR FREEDOM PARK 02/01/2021 E 10-185-255-000-000 511.06 511.06 511.06 77959 02/19/2021 DUNN EDWARDS CORP 2018412880 RED PAINT FOR BARTON RD CURB 11/19/2020 E 10-805-238-000-000 VOICEMAIL MESSAGING 169.34 4,619.69 4,619.69 77958 02/19/2021 COUNTY OF RIVERSIDE AN0000002150 JAN21 ANIMAL SHELTERING SERVICES 02/10/2021 E 10-190-250-000-000 FED PRGM SYSTEM 349.00 E 10-195-245-000-000 MTRLS & SUPPLIES 39.15 E 10-450-245-000-000 HANDWASH STNS PARK 2,104.90 E 10-185-210-000-000 OFFICE SUPPLIES 65.00 E 10-185-265-000-000 MEMBERSHIP DUES 128.00 E 10-185-272-000-000 VEHICLE REPAIR 795.00 E 10-125-220-000-000 RECORDATION FEES 86.00 E 10-172-210-000-000 OFFICE SUPPLIES 392.04 E 10-175-210-000-000 OFFICE SUPPLIES 168.33 E 10-110-270-000-000 MTRLS & SUPPLIES 6.99 E 10-120-220-000-000 OFFICE SUPPLIES 262.08 E 10-125-210-000-000 OFFICE SUPPLIES 53.86 77957 02/19/2021 ARROWHEAD CREDIT UNION JAN 2021 VISA JAN-FEB 2021 VISA CHARGES 02/03/2021 C.4.b Packet Pg. 90 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 82275 E 10-805-238-000-000 278.37 278.37 278.37 77966 02/19/2021 TIME WARNER CABLE 0007245020721 SR CTR CABLEINTERNET BLDG3 FEB-MARCH 02/07/2021 E 10-190-238-000-000 1,021.37 E 10-805-238-000-000 161.34 1,182.71 1,182.71 E 16-510-238-000-000 5,590.19 5,590.19 5,590.19 77965 02/19/2021 SO CA GAS COMPANY JAN 2021 GAS S JAN 2021 GAS SERVICE 02/08/2021 E 10-370-210-000-000 2.00 2.00 2.00 77964 02/19/2021 SO CA EDISON COMPANY JAN 2021 EDISO JAN 2021 ENERGY USAGE 02/06/2021 E 10-125-221-000-000 273.74 273.74 273.74 77963 02/19/2021 SB COUNTY ASSESSOR 108795 FEB 2021 MONTHLY ASSESSOR PARCEL MAP 02/09/2021 E 10-450-245-000-000 81.46 90.99 404.03 77962 02/19/2021 MCA DIRECT 2021015 2021 CA MUNICIPAL ELECTION HANDBOOK FO 02/05/2021 E 10-450-245-000-000 131.77 131.77 HANDSOAP FOR CH & PARKS SUPPLIES 01/22/2021 E 10-195-245-000-000 9.53 E 10-450-245-000-000 181.27 181.27 6510092 SUPPLIES FOR PARKS 01/26/2021 77961 02/19/2021 HOME DEPOT CREDIT SERVICE 5612883 SUPPLIES FOR PARKS 01/27/2021 C.4.b Packet Pg. 91 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 E 26-601-255-000-000 80.00 4,545.00 4,545.00 E 10-195-255-000-000 200.00 E 10-450-255-000-000 4,115.00 E 26-600-255-000-000 150.00 E 10-195-245-000-000 294.57 294.57 294.57 77971 02/24/2021 EZ SUNNYDAY LANDSCAPE 21346 FEB21 PARKS AND PARKWAY MAINTENANCE 02/17/2021 E 16-900-254-000-000 5,101.24 5,101.24 5,101.24 77970 02/24/2021 COUNTY OF RIVERSIDE TLMA AD TL0000015705 JAN21 TRAFFIC SIGNAL MONITORING 02/18/2021 77969 02/24/2021 CLEAN STREET 99192 JAN21 STREET SWEEPING SERVICES 01/31/2021 E 10-175-240-000-000 679.12 E 10-185-235-000-000 161.26 840.38 840.38 E 16-900-220-000-000 64.45 64.45 64.45 77968 02/19/2021 VERIZON WIRELESS 9866006672 OCT-NOV 2020 MONTHLY PHONE CHARGES 11/01/2020 77967 02/19/2021 UNDERGROUND SERVICE ALERT 1120200297 DEC20 MONTHLY DATABASE MAINTENANCE FE 12/01/2020 C.4.b Packet Pg. 92 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 09-2020-6828 E 10-450-245-000-000 400.00 400.00 400.00 E 22-425-312-000-000 1,629.33 1,629.33 21,379.42 77973 02/24/2021 GOPHER PATROL 456822 PICO PARK GOPHER CONTROL SERVICES 02/19/2021 E 22-425-305-000-000 159.54 E 22-425-312-000-000 1,481.16 1,640.70 01-2021-300405 JAN 2021 CDBG SR CENTER COORDINATOR EX 02/23/2021 E 22-425-312-000-000 1,674.81 1,674.81 08-2020-6828 AUG 2020 CDBG SR CENTER PROGRAM EXPEN 09/22/2020 E 22-425-305-000-000 347.54 E 22-425-312-000-000 1,632.62 1,980.16 07-2020-6828 JULY 2020 CDBG SR CENTER PROGRAM EXPEN 09/22/2020 E 22-425-305-000-000 1,783.56 E 22-425-312-000-000 1,608.29 3,391.85 SEPT 2020 CDBG SR CENTER PROGRAM EXPE 10/13/2020 E 22-425-305-000-000 2,017.88 E 22-425-312-000-000 1,626.79 3,644.67 11-2020-300405 NOV 2020 CDBG SR CENTER PROGRAM EXPEN 12/16/2020 E 22-425-305-000-000 5,691.48 E 22-425-312-000-000 1,726.42 7,417.90 12-2020-300405 DEC 2020 CDBG SR CENTER PROGRAM EXPEN 01/26/2021 77972 02/24/2021 FAMILY SERVICES ASSOCIATION 10-2020-6828 OCT 2020 CDBG SR CENTER PROGRAM EXPEN 11/23/2020 C.4.b Packet Pg. 93 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 155280785001 E 10-110-142-000-000 148.50 148.50 148.50 E 10-190-210-000-000 14.99 14.99 404.14 77977 02/24/2021 SYLVIA ROBLES FEB2021-SR ME FEB 2021 HEALTH REIMBURSMENT 02/24/2021 E 10-172-210-000-000 28.62 E 10-370-210-000-000 26.30 54.92 156943278001 TEA 02/09/2021 E 10-190-211-000-000 55.00 153.35 156943156001 WALL CALENDAR 02/09/2021 E 10-190-210-000-000 180.88 180.88 POSTAGE STAMPS AND INK 02/04/2021 E 10-190-210-000-000 98.35 E 10-110-142-000-000 612.86 612.86 1,225.72 77976 02/24/2021 OFFICE DEPOT 156836369001 INK, COPY PAPER, AND TEA 02/09/2021 E 10-110-142-000-000 612.86 612.86 MAR2021-DM HL MAR 2021 HEALTH REIMBURSEMENT 02/24/2021 E 10-110-142-000-000 273.55 273.55 273.55 77975 02/24/2021 DARCY MCNABOE FEB2021-DM HLT FEB 2021 HEALTH REIMBURSEMENT 02/24/2021 77974 02/24/2021 WILLIAM HUSSEY FEB2021-BH HLT FEB 2021 HEALTH REIMBURSEMENT 02/24/2021 C.4.b Packet Pg. 94 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 60924 95.00 184.50 60930 JAN 2021 LEGAL SERVICES - COVID-19 02/26/2021 E 10-160-250-000-000 95.00 205.00 60925 JAN 2021 LEGAL SERVICES - SUCCESSOR AGE 02/26/2021 E 32-200-250-000-000 184.50 2,710.50 60929 JAN 2021 LEGAL SERVICES - LABOR NEGOTIAT 02/26/2021 E 10-160-250-000-000 205.00 E 10-160-250-100-000 4,422.00 4,422.00 JAN 2021 LEGAL SERVICES - PUBLIC WORKS - 02/26/2021 E 10-160-250-000-000 2,710.50 E 10-160-250-000-000 4,707.50 4,707.50 60922 JAN 2021 LEGAL SERVICES - LITIGATION 02/26/2021 E 10-160-250-000-000 6,606.07 6,606.07 60923 JAN 2021 LEGAL SERVICES - PLANNING 02/26/2021 E 10-172-250-100-000 340.00 340.00 340.00 77980 02/26/2021 ALESHIRE AND WYNDER LLP 60921 JAN 2021 LEGAL SERVICES - GENERAL 02/26/2021 E 16-900-229-000-000 171.84 171.84 171.84 77979 02/24/2021 WILLDAN 002-23895 JAN21 PLAN CHECK/ INSPECTION SVCS -PW & 02/03/2021 77978 02/24/2021 TRAFFIC MANAGEMENT INC 706661 SIGNS FOR BARTON RD 02/10/2021 C.4.b Packet Pg. 95 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 07/13/2020 TRASH 691.13 52,301.41 1,306.20 11/30/2020 TRAS 11/30/2020 DELINQ TRASH COLLECTIONS 02/26/2021 B 23-302-90-00 691.13 B 23-302-90-00 2,485.35 2,485.35 07/13/2020 DELINQ TRASH COLLECTIONS 02/26/2021 B 23-302-90-00 1,306.20 B 23-302-90-00 4,055.21 4,055.21 01/11/2021 TRAS 01/11/2021 DELINQ TRASH COLLECTIONS 02/26/2021 B 23-302-90-00 43,763.52 43,763.52 11/13/2020 TRAS 11/13/2020 DELINQ TRASH COLLECTIONS 02/26/2021 E 10-450-245-000-000 83.17 83.17 83.17 77982 02/26/2021 BURRTEC WASTE INDUSTRIES I 12/18/2020 TRAS 12/18/2020 DELINQ TRASH COLLECTIONS 02/26/2021 14.00 19,006.07 77981 02/26/2021 BACKFLOW APPARATUS VALVE 988149 BACKFLOWS FOR SOUTHSIDE CITY LIMITS 02/15/2021 20.50 60928 JAN 2021 LEGAL SERVICES - CITY REAL PROPE 02/26/2021 E 10-160-250-000-000 14.00 41.00 60927 JAN 2021 LEGAL SERVICES - FRANCHISE-CABL 02/26/2021 E 10-160-250-100-000 20.50 60926 JAN 2021 LEGAL SERVICES - REFUSE 02/26/2021 E 10-160-250-100-000 41.00 C.4.b Packet Pg. 96 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 153105556001 69.56 E 10-125-210-000-000 115.52 115.52 OFFICE SUPPLIES - CITY CLERK 01/29/2021 E 10-125-210-000-000 69.56 E 10-140-210-000-000 179.55 179.55 154676470001 OFFICE SUPPLIES FOR CITY CLERK 02/18/2021 E 10-450-245-000-000 300.00 300.00 300.00 77987 02/26/2021 OFFICE DEPOT 152894734001 OFFICE SUPPLIES - FINANCE 01/29/2021 B 10-022-70-00 723.15 723.15 723.15 77986 02/26/2021 EZ SUNNYDAY LANDSCAPE 21307 TREE STUMP REMOVAL 02/08/2021 E 10-190-238-000-000 746.96 746.96 746.96 77985 02/26/2021 DENTAL HEALTH SERVICES 2027625 MAR 2021 EMPLOYEE PAID DENTAL INSURANC 02/16/2021 77984 02/26/2021 COLTON PUBLIC UTILITIES OCT-NOV2020 G OCT-NOV 2020 GT SEWER COMM 02/17/2021 R 10-700-01 -1.71 B 23-200-21-00 34.21 32.50 101.21 R 10-700-01 -3.62 B 23-200-21-00 72.33 68.71 SMIP2021-2Q-02 2020-21 SMIP 2ND QUARTER OCT2020-DEC202 02/26/2021 77983 02/26/2021 CA STATE DEPT OF CONSERVAT SMIP2021-1Q-01 2020-21 SMIP 1ST QUARTER JUL2020-SEP2020 02/25/2021 C.4.b Packet Pg. 97 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 B 10-022-62-00 6,602.52 6,602.52 6,602.52 B 10-022-62-00 6,581.47 6,581.47 6,581.47 16261074 02/05/2021 PUBLIC EMPLOYEES RETIREMEN PAYDTE 0114202 RETIREMENT CONTRIBUTIONS FOR PAY DATE 01/14/2021 B 23-250-20-00 361.74 361.74 361.74 16261055 02/05/2021 PUBLIC EMPLOYEES RETIREMEN PAYDTE 0128202 RETIREMENT CONTRIBUTIONS FOR PAY DATE 01/28/2021 E 10-450-245-000-000 967.17 967.17 967.17 280309 02/25/2021 AMERICAN FIDELITY ASSURANC D280309 EMPLOYEE CANCER & ACCIDENT INSURANCE 02/26/2021 E 62-120-250-000-000 640.00 640.00 640.00 77991 02/26/2021 ZORO TOOLS INC INV9018648 COLD PATCH FOR POTHOLE REPAIR 01/22/2021 E 10-190-238-000-000 109.20 109.20 109.20 77990 02/26/2021 WEST COAST ARBORISTS INC 167453 INSTALLATION OF HANGING BANNERS FOR LIG 11/30/2020 E 10-190-238-000-000 78.00 78.00 78.00 77989 02/26/2021 TIME WARNER CABLE 0197046021621 CITY HALL CABLE - CITY HALL - FEB-MAR 2021 02/16/2021 58.12 422.75 77988 02/26/2021 SPARKLETTS 16179154 021321 FEB 2021 WATER FILTRATION SYSTEM RENTA 02/13/2021 153246997001 OFFICE SUPPLIES - CITY CLERK 02/11/2021 E 10-125-210-000-000 58.12 C.4.b Packet Pg. 98 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 2/28/2021 Cynthia A. Fortune, Assistant City Manager City of Grand Terrace 1,763.78 1,763.78 Total Checks:365,325.10 E 10-175-240-000-000 647.99 E 10-185-235-000-000 158.91 E 10-805-238-000-000 956.88 E 65-425-272-000-000 210.40 1,586.44 1,586.44 1104090679 02/25/2021 VERIZON WIRELESS 9872347154 JAN-FEB21 MONTHLY PHONE CHARGES 02/01/2021 E 10-172-272-000-000 41.50 E 10-175-272-000-000 1,140.51 E 10-185-272-000-000 194.03 70028007 02/19/2021 WEX BANK 70028007 JAN-FEB 2021 VEHICLE FUEL CHEVRON 02/06/2021 B 10-022-63-00 2,372.88 B 10-022-64-00 247.58 2,620.46 2,620.46 16322702 02/05/2021 CALPERS 457 PLAN PAYDATE 01282 EFT PAYMENT CALPERS ACH 1001779319 01/28/2021 B 10-022-63-00 2,372.88 B 10-022-64-00 247.58 2,620.46 2,620.46 16322075 02/04/2021 CALPERS 457 PLAN PAYDATE 01142 EFT PAYMENT CALPERS ACH 1001778630 01/14/2021 IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF. C.4.b Packet Pg. 99 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of This page left intentionally blank. C.4.b Packet Pg. 100 Attachment: February 2021 Check Register Report-2 (February-2021 Check Register in the Amount of AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: First Quarter Financial Report (July-2020 - September-2020) PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Receive and file the First Quarter Financial Report for the Period July-2020 to September-2020. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The attached 1st Quarter Financial Report is for the period from July 1, 2020 through September 30, 2020. The purpose of the report is to identify actual revenues received and expenditures incurred for the relevant period and c ompare them to the Approved Budget and Year-End projections. The Fiscal Year (FY) 2020-21 Approved Budget amounts are presented in the attached September-2020 report for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. REVENUE RECEIPTS Some revenues are received consistently within the fiscal year, however, not necessarily on a monthly basis. The largest sources of revenue are shown below with their revenue cycles: 1. Property Tax (encompasses 35% of the General Fund’s revenue sources at $2.17m year-end projection), the bulk of which is received twice a year: December/January and May/June of each fiscal year. 2. Residual Receipts from the Redevelopment Property Tax Trust Fund (RPTTF), at one time, encompassed 29.4%; however, due to the methodology change imposed by San Bernardino County on the distribution of Residual RPTTF, staff’s year-end projection shows these revenues as 22% of the General Fund’s revenue at $1.34m, and is also received in December/January and May/June each fiscal year. 3. Sales Tax (normally encompasses about 13% of the General Fund revenue sources at $750k), although is received monthly, the first month’s (July) allocation is not received until September of the fiscal year; however, by the end C.5 Packet Pg. 101 of the fiscal year (June) the remaining months’ allocation, which would be April, May, and June, are received and recorded by June 30th of the fiscal year. Staff is projecting an increase in sales tax this fiscal yea r, ending at 14.5% of total General Fund Revenues. 4. Franchise Fees (encompasses 9% of the General Fund’s revenue sources) are received from the following companies: Payee Revenue Receipt Cycle Burrtec Waste Industries Monthly AT & T Quarterly Charter Communications/Spectrum Quarterly Riverside Highland Water Co Annually Southern California Edison Annually Southern California Gas Co Annually EXPENDITURES When reviewing the charts that provide the current monthly status of both revenues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following: 1. Invoices were not submitted to the City in a timely manner; and 2. Invoices may have required further review by the authorizing department. The analysis and reporting provided is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely acti on can be taken in response to these developments. In addition, the report contains charts that compare actual receipts and expenditures against expected and approved budgets. Each category has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2020-21) and is compared to the prior year (2019-20) actuals; and 2. the 2nd chart shows the total cumulative amounts incurred, for the current year, compared to the prior year’s cumulative amounts for the given period. DISCUSSION: In order to provide a more meaningful monthly report in relation to year -end projections, the monthly financial report below has been revised and provides the following information by column: C.5 Packet Pg. 102 1. Adopted Budget (the General Fund Budget adopted by City Council on June 23, 2020); 2. Approved Budget (the Adopted budget with any adjustments as approved by City Council on July 28, 2020); 3. Actuals for the period stated: July-2020 to September-2020; 4. Actuals for the prior year’s period as a comparison: July-2019 to September- 2019; and 5. Fiscal Year end projections provided to City Council on March 9, 2021. Table 1 below summarizes the General Fund’s revenue and expenditure report for the period July 1, 2020 through September 30, 2020. City of Grand Terrace FY2020-21 First Quarter: July 1, 2020 – September 30, 2020 2020-21 Adopted Budget 06/23/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2019-20 Prior Year 1st Quarter Actuals 09/30/2019 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $2,082,593 $8,867 $4,799 $2,172,593 Residual Receipts - RPTTF $1,668,400 $1,798,163 $0 $0 $1,348,163 Franchise Fees $445,000 $445,000 $0 $29,925 $595,000 Licenses, Fees & Permits $329,090 $329,090 $51,921 $69,056 $344,090 Sales Tax $725,000 $750,000 $64,803 $60,225 $850,000 Intergovernmental Revenue/Grants $160,000 $160,000 $0 $0 $35,000 Charges for Services $100,300 $100,300 $11,396 $16,643 $100,300 Fines & Forfeitures $35,100 $70,000 $23,603 $22,360 $70,000 Miscellaneous $0 $0 $22 $150 $0 Use of Money & Property $67,500 $67,500 $9,411 $23,577 $67,500 Transfers In $0 $0 $0 $0 $0 Wastewater Receipts $318,349 $318,349 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $6,120,995 $488,373 $545,085 $5,900,995 EXPENDITURES Salaries $1,083,626 $1,208,626 $221,090 $285,838 $1,178,626 Benefits $1,066,209 $1,123,709 $217,464 $192,133 $1,023,709 Professional/Contractual Services $3,337,646 $3,437,646 $785,843 $516,963 $3,387,646 Materials & Supplies $211,351 $211,351 $33,088 $39,571 $211,351 C.5 Packet Pg. 103 City of Grand Terrace FY2020-21 First Quarter: July 1, 2020 – September 30, 2020 2020-21 Adopted Budget 06/23/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2019-20 Prior Year 1st Quarter Actuals 09/30/2019 2020-21 Year-End Projections 03/09/2021 Lease of Facility/Equipment $19,323 $19,323 $7,373 $7,082 $13,323 Utilities $143,858 $143,858 $34,110 $23,329 $133,858 Overhead Cost Allocation ($87,450) ($87,450) ($21,863) ($21,863) ($87,450) Transfers Out $135,800 $135,800 $30,200 $31,450 $135,800 TOTAL EXPENDITURES $5,910,363 $6,192,863 $1,307,306 $1,074,502 $5,996,863 REVENUE & EXPENDITURE SUMMARY REVENUES $5,819,989 $6,120,995 $488,373 $545,085 $5,900,995 EXPENDITURES ($5,910,363) ($6,192,863) ($1,307,306) ($1,074,502) ($5,996,863) NET - USE OF FUND BALANCE ($90,374) ($71,868) ($818,933) ($529,417) ($95,868) Operating Revenues As of September 30, 2020, General Fund operating revenues received are $488,373, which is $56,711 less than the 1st Quarter of FY2019-20 of $545,085. In spite of the coronavirus pandemic, first quarter revenues are very similar to the prior year’s receipts. Operating Expenditures General Fund operating expenditures through September 30, 2020 are $1,307,306, $232,804 higher than the 1st Quarter of FY2019-20 for two main reasons: 1. FY2019-20 1st quarter expenditures only recorded two (2) months of Sheriff Dept. Invoices while the current year processed three (3) months’ worth of public safety invoices; and 2. FY2020-21 unfunded accrued liability (UAL) has increased by $150,000 since the General Fund will now be covering the Child Care personnel’s portion of the UAL. FISCAL IMPACT: As the above table and attached report show the first few months of the fiscal year, staff believes that the Year-End projections provided to City Council will be met. There is no fiscal impact to receiving and filing this report. C.5 Packet Pg. 104 ATTACHMENTS: • September-2020 Financial Report-1 (PDF) APPROVALS: Cynthia A. Fortune Completed 03/05/2021 5:47 PM Finance Completed 03/05/2021 5:48 PM City Attorney Completed 03/15/2021 4:11 PM City Manager Completed 03/18/2021 11:48 AM City Council Pending 03/23/2021 6:00 PM C.5 Packet Pg. 105 City of Grand Terrace 1st Quarter Financial Report For the Period Ending September 30, 2020 C.5.a Packet Pg. 106 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History Charts: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Category ................................................ 13 Expenditure Monthly History Charts: Salaries ........................................................................................................... 14 Benefits ........................................................................................................... 15 Professional/Contractual Services .................................................................. 16 Materials & Supplies ....................................................................................... 17 C.5.a Packet Pg. 107 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) GENERAL FUND REVENUE C.5.a Packet Pg. 108 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) REVENUE ASSUMPTIONS: 1. Property Tax receipts are usually received twice a year: in December and May. 2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3. Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4. Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5. Waste Water receipts are received annually, usually at the first month of the fiscal year. 6. All other receipts are based on historical receipt pattern. 7. Sections/Cost Centers are rolled into each Category as follows: a. Property Tax b. Residual Receipts c. Franchise Fees d. Licenses, Fees and Permits e. Sales Tax f. Sales Tax – Economic Development Agreement g. Proceeds from the Sale of Property h. Intergovernmental Revenues and/or Grants i. Charges for Services j. Miscellaneous Revenues k. Use of Money and/or Property l. Wastewater Receipts C.5.a Packet Pg. 109 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $111,343 $2,082,593 $8,867 $2,172,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 $0 $1,348,163 Residual Receipts - Housing $0 $0 $0 $0 $0 Franchise Fees $445,000 $0 $445,000 $0 $595,000 Licenses, Fees & Permits $329,090 $0 $329,090 $51,921 $344,090 Sales Tax $725,000 $25,000 $750,000 $64,803 $850,000 Intergovernmental Revenue/Grants $160,000 $0 $160,000 $0 $35,000 Charges for Services $100,300 $0 $100,300 $11,396 $100,300 Fines & Forfeitures $35,100 $34,900 $70,000 $23,603 $70,000 Miscellaneous $0 $0 $0 $22 $0 Use of Money & Property $67,500 $0 $67,500 $9,411 $67,500 Transfers In $0 $0 $0 $0 $0 Waste Water Receipts $318,349 $0 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $301,006 $6,120,995 $488,373 $5,900,995 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 EXPENDITURES Salaries $1,083,626 $125,000 $1,208,626 $221,090 $1,178,626 Benefits $1,066,209 $57,500 $1,123,709 $217,464 $1,023,709 Professional/Contractual Services $3,337,646 $100,000 $3,437,646 $785,843 $3,387,646 Materials & Supplies $211,351 $0 $211,351 $33,088 $211,351 Lease of Facility/Equipment $19,323 $0 $19,323 $7,373 $13,323 Utilities $143,858 $0 $143,858 $34,110 $133,858 Overhead Cost Allocation ($87,450)$0 ($87,450)($21,863)($87,450) Transfers Out $135,800 $0 $135,800 $30,200 $135,800 TOTAL EXPENDITURES $5,910,363 $282,500 $6,192,863 $1,307,306 $5,996,863 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 REVENUE & EXPENSE SUMMARY REVENUES $5,819,989 $301,006 $6,120,995 $488,373 $5,900,995 EXPENDITURES ($5,910,363)($282,500)($6,192,863)($1,307,306)($5,996,863) NET - USE OF FUND BALANCE ($90,374)$18,506 ($71,868)($818,933)($95,868) City of Grand Terrace FY2020-21 Financial Report Update For the 1st Quarter ending September 30, 2020 C.5.a Packet Pg. 110 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY REVENUE - Property Tax (2020-21 vs. 2019-20) $0 $1,703 $3,096 $3,087 $49,922 $248,946 $681,679 $57,991 $4,562 $150,840 $10,683 $0 $4,710 $4,157 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals 4,799 8,867 - 50,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 111 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY REVENUE - Sales Tax (2020-21 vs. 2019-20) $0 $0 $60,225 $68,463 $82,487 $56,660 $61,081 $95,224 $54,776 $57,617 $57,938 $239,450 $0 $0 $64,803 - 50,000 100,000 150,000 200,000 250,000 300,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $60,225 $64,803 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 112 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY REVENUE - Licenses, Permits & Fees (2020-21 vs. 2019-20) $32,893 $15,470 $20,694 $24,786 $35,121 $19,948 $60,329 $38,399 $27,793 $16,501 $19,405 $77,823 $19,618 $17,330 $14,973 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $69,056 $51,921 - 25,000 50,000 75,000 100,000 125,000 150,000 175,000 200,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 113 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY REVENUE - Franchise Fees (2020-21 vs. 2019-20) $0 $0 $29,925 $18,777 $49,216 $21,610 $32,141 $0 $106,784 $129,264 $63,839 $98,266 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $29,925 $0 - 25,000 50,000 75,000 100,000 125,000 150,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 114 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) This page left intentionally blank. C.5.a Packet Pg. 115 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) GENERAL FUND EXPENDITURE BY CATEGORY C.5.a Packet Pg. 116 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) EXPENDITURE ASSUMPTIONS: 8. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 9. Sections/Cost Centers are rolled into each Category as follows: m. Salaries n. Benefits o. Professional/Contractual Services p. Materials and Supplies q. Lease of Facilities and/or Equipment r. Equipment s. Capital Projects t. Utilities u. Debt Services v. Overhead Cost Allocation w. Transfers Out C.5.a Packet Pg. 117 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $111,343 $2,082,593 $8,867 $2,172,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 $0 $1,348,163 Residual Receipts - Housing $0 $0 $0 $0 $0 Franchise Fees $445,000 $0 $445,000 $0 $595,000 Licenses, Fees & Permits $329,090 $0 $329,090 $51,921 $344,090 Sales Tax $725,000 $25,000 $750,000 $64,803 $850,000 Intergovernmental Revenue/Grants $160,000 $0 $160,000 $0 $35,000 Charges for Services $100,300 $0 $100,300 $11,396 $100,300 Fines & Forfeitures $35,100 $34,900 $70,000 $23,603 $70,000 Miscellaneous $0 $0 $0 $22 $0 Use of Money & Property $67,500 $0 $67,500 $9,411 $67,500 Transfers In $0 $0 $0 $0 $0 Waste Water Receipts $318,349 $0 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $301,006 $6,120,995 $488,373 $5,900,995 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 EXPENDITURES Salaries $1,083,626 $125,000 $1,208,626 $221,090 $1,178,626 Benefits $1,066,209 $57,500 $1,123,709 $217,464 $1,023,709 Professional/Contractual Services $3,337,646 $100,000 $3,437,646 $785,843 $3,387,646 Materials & Supplies $211,351 $0 $211,351 $33,088 $211,351 Lease of Facility/Equipment $19,323 $0 $19,323 $7,373 $13,323 Utilities $143,858 $0 $143,858 $34,110 $133,858 Overhead Cost Allocation ($87,450)$0 ($87,450)($21,863)($87,450) Transfers Out $135,800 $0 $135,800 $30,200 $135,800 TOTAL EXPENDITURES $5,910,363 $282,500 $6,192,863 $1,307,306 $5,996,863 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 1st Quarter Actuals 09/30/2020 2020-21 Year-End Projections 03/09/2021 REVENUE & EXPENSE SUMMARY REVENUES $5,819,989 $301,006 $6,120,995 $488,373 $5,900,995 EXPENDITURES ($5,910,363)($282,500)($6,192,863)($1,307,306)($5,996,863) NET - USE OF FUND BALANCE ($90,374)$18,506 ($71,868)($818,933)($95,868) City of Grand Terrace FY2020-21 Financial Report Update For the 1st Quarter ending September 30, 2020 C.5.a Packet Pg. 118 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY EXPENDITURE - Salaries (2020-21 vs. 2019-20) $46,047 $141,631 $98,159 $96,527 $120,537 $97,511 $136,227 $87,357 $88,205 $76,863 $116,429 $149,554 67,786 76,006 77,298 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $285,838 $221,090 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2018-19 Actuals FY2019-20 Actuals FY2018-19 Actuals FY2019-20 Actuals C.5.a Packet Pg. 119 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY EXPENDITURE - Benefits (2020-21 vs. 2019-20) $49,166 $65,217 $77,750 $61,506 $60,187 $74,740 $94,010 $72,074 $75,896 $59,488 $64,546 $69,628 62,095 28,419 126,950 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $192,133 $217,464 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 FY2018-19 Actuals FY2019-20 Actuals FY2018-19 Actuals FY2019-20 Actuals C.5.a Packet Pg. 120 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY EXPENDITURE - Professional Services (2020-21 vs. 2019-20) $37,169 $377,404 $102,390 $277,473 $466,457 $145,630 $274,491 $275,937 $269,398 $131,133 $265,468 $787,561 250,698 255,951 279,195 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals 516,963 785,843 - 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 121 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) MONTHLY EXPENDITURE - Materials & Supplies (2020-21 vs. 2019-20) $2,678 $23,607 $13,286 $19,198 $21,015 $15,636 $21,260 $25,914 $12,005 $26,532 $10,060 $86,648 16,710 10,600 5,778 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $39,571 $33,088 - 25,000 50,000 75,000 100,000 125,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.5.a Packet Pg. 122 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) This page left intentionally blank. C.5.a Packet Pg. 123 Attachment: September-2020 Financial Report-1 [Revision 1] (First Quarter Financial Report (July-2020 - September-2020)) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Second Quarter Financial Report (October-2020 - December-2020) PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Receive and file the Second Quarter Financial Report for the Period October-2020 to December-2020. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The attached 2nd Quarter Financial Report is for the period from October 1, 2020 through December 31, 2020. The purpose of the report is to identify actual revenues received and expenditures incurred for the relevant perio d and compare them to the Approved Budget and Year-End projections. The Fiscal Year (FY) 2020-21 Approved Budget amounts are presented in the attached September-2020 report for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. REVENUE RECEIPTS Some revenues are received consistently within the fiscal year, however, not necessarily on a monthly basis. The largest sources of revenue are shown below with their revenue cycles: 1. Property Tax (encompasses 35% of the General Fund’s revenue sources at $2.17m year-end projection), the bulk of which is received twice a year: December/January and May/June of each fiscal year. 2. Residual Receipts from the Redevelopment Property Tax Trust Fund (RPTTF), at one time, encompassed 29.4%; however, due to the methodology change imposed by San Bernardino County on the distribution of Residual RPTTF, staff’s year-end projection shows these revenues as 22% of the General Fund’s revenue at $1.34m, and is also received in December/January and May/June each fiscal year. 3. Sales Tax (normally encompasses about 13% of the General Fund revenue sources at $750k), although is received monthly, the first month’s (July) C.6 Packet Pg. 124 allocation is not received until September of the fiscal year; however, by the end of the fiscal year (June) the remaining months’ allocation, which would be April, May, and June, are received and recorded by June 30th of the fiscal year. Staff is projecting an increase in sales tax this fiscal year, ending at 14.5% of total General Fund Revenues at $850,000. 4. Franchise Fees (encompasses 9% of the General Fund’s revenue sources) are received from the following companies: Payee Revenue Receipt Cycle Burrtec Waste Industries Monthly AT & T Quarterly Charter Communications/Spectrum Quarterly Riverside Highland Water Co Annually Southern California Edison Annually Southern California Gas Co Annually EXPENDITURES When reviewing the charts that provide the current monthly status of both rev enues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following: 1. Invoices were not submitted to the City in a timely manner; and 2. Invoices may have required further review by the authorizing department. The analysis and reporting provided is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely action can be taken in response to these developments. In addition, the report contains charts that compare actual receipts and expenditures against expected and approved budgets. Each category has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2020-21) and is compared to the prior year (2019-20) actuals; and 2. the 2nd chart shows the total cumulative amounts incurred, for the current year, compared to the prior year’s cumulative amounts for the given period. DISCUSSION: In order to provide a more meaningful monthly report in relation to year -end projections, the monthly financial report below has been revised and provides the following C.6 Packet Pg. 125 information by column: 1. Adopted Budget (the General Fund Budget adopted by City Council on June 23, 2020); 2. Approved Budget (the Adopted budget with any adjustments as approved by City Council on July 28, 2020); 3. Actuals for the period stated: October-2020 to December-2020; 4. Actuals for the prior year’s period as a comparison: October-2019 to December- 2019; and 5. Fiscal Year end projections provided to City Council on March 9, 2021. Table 1 below summarizes the General Fund’s revenue and expenditure report for the period October 1, 2020 through December 31, 2020. City of Grand Terrace FY2020-21 Financial Report Update For the 2nd Quarter ending December 31, 2020 2020-21 Adopted Budget 06/23/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2019-20 2nd Quarter Actuals 12/31/2019 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $2,082,593 $392,254 $306,754 $2,172,593 Residual Receipts - RPTTF $1,668,400 $1,798,163 $691,745 $1,003,006 $1,348,163 Franchise Fees $445,000 $445,000 $105,313 $119,529 $595,000 Licenses, Fees & Permits $329,090 $329,090 $111,217 $148,911 $344,090 Sales Tax $725,000 $750,000 $342,549 $267,834 $850,000 Intergovernmental Revenue/Grants $160,000 $160,000 $10,726 $8,708 $35,000 Charges for Services $100,300 $100,300 $62,659 $59,619 $100,300 Fines & Forfeitures $35,100 $70,000 $36,256 $38,712 $70,000 Miscellaneous $0 $0 $36 $506 $0 Use of Money & Property $67,500 $67,500 $15,316 $48,445 $67,500 Transfers In $0 $0 $0 $0 $0 Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $6,120,995 $2,086,420 $2,320,374 $5,900,995 EXPENDITURES Salaries $1,083,626 $1,208,626 $510,521 $600,411 $1,178,626 Benefits $1,066,209 $1,123,709 $329,437 $388,566 $1,023,709 C.6 Packet Pg. 126 City of Grand Terrace FY2020-21 Financial Report Update For the 2nd Quarter ending December 31, 2020 2020-21 Adopted Budget 06/23/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2019-20 2nd Quarter Actuals 12/31/2019 2020-21 Year-End Projections 03/09/2021 Professional/Contractual Services $3,337,646 $3,437,646 $1,590,075 $1,406,523 $3,387,646 Materials & Supplies $211,351 $211,351 $98,662 $95,420 $211,351 Lease of Facility/Equipment $19,323 $19,323 $11,691 $10,802 $13,323 Utilities $143,858 $143,858 $83,803 $62,967 $133,858 Overhead Cost Allocation ($87,450) ($87,450) ($43,725) ($43,726) ($87,450) Transfers Out $135,800 $135,800 $60,400 $62,900 $135,800 TOTAL EXPENDITURES $5,910,363 $6,192,863 $2,640,865 $2,583,863 $5,996,863 REVENUE & EXPENDITURE SUMMARY REVENUES $5,819,989 $6,120,995 $2,086,420 $2,320,374 $5,900,995 EXPENDITURES ($5,910,363) ($6,192,863) ($2,640,865) ($2,583,863) ($5,996,863) NET - USE OF FUND BALANCE ($90,374) ($71,868) ($554,445) ($263,489) ($95,868) Operating Revenues As of December 31, 2020, General Fund operating revenues received are $2,086,420, which is $233,954 less than the 2nd Quarter of FY2019-20 of $2,320,3784. As provided to City Council during the March 9, 2021 Council Meeting, San Bernardino County implemented a methodology change in the distribution of Residual RPTTF revenues. Residual RPTTF revenues were $311,261 lower than last year ’s 2nd quarter. As such, staff will be monitoring both revenues and expenditures closely against year -end projections. Operating Expenditures General Fund operating expenditures through December 31, 2020 are $2,640,865, just slightly more by $57,000 than the 2nd Quarter of FY2019-20 at $2,583,863. 1. FY2019-20 1st quarter expenditures only recorded two (2) months of Sheriff Dept. Invoices while the current year processed three (3) months’ worth of public safety invoices; and 2. FY2020-21 unfunded accrued liability (UAL) has increased by $150,000 since the General Fund will now be covering the Child Care personnel’s portion of the UAL. C.6 Packet Pg. 127 FISCAL IMPACT: There is no fiscal impact to receiving and filing this report. ATTACHMENTS: • December-2020 Financial Report (PDF) APPROVALS: Cynthia A. Fortune Completed 03/06/2021 3:43 PM Finance Completed 03/06/2021 3:43 PM City Attorney Completed 03/15/2021 4:28 PM City Manager Completed 03/18/2021 11:47 AM City Council Pending 03/23/2021 6:00 PM C.6 Packet Pg. 128 City of Grand Terrace 2nd Quarter Financial Report For the Period Ending December 31, 2020 C.6.a Packet Pg. 129 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History Charts: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Category ................................................ 13 Expenditure Monthly History Charts: Salaries ........................................................................................................... 14 Benefits ........................................................................................................... 15 Professional/Contractual Services .................................................................. 16 Materials & Supplies ....................................................................................... 17 C.6.a Packet Pg. 130 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) GENERAL FUND REVENUE C.6.a Packet Pg. 131 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) REVENUE ASSUMPTIONS: 1.Property Tax receipts are usually received twice a year: in December and May. 2.Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3.Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4.Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5.Waste Water receipts are received annually, usually at the first month of the fiscal year. 6.All other receipts are based on historical receipt pattern. 7.Sections/Cost Centers are rolled into each Category as follows: a. Property Tax b. Residual Receipts c. Franchise Fees d. Licenses, Fees and Permits e. Sales Tax f. Sales Tax – Economic Development Agreement g. Proceeds from the Sale of Property h. Intergovernmental Revenues and/or Grants i. Charges for Services j. Miscellaneous Revenues k. Use of Money and/or Property l. Wastewater Receipts C.6.a Packet Pg. 132 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $111,343 $2,082,593 $392,254 $2,172,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 $691,745 $1,348,163 Residual Receipts - Housing $0 $0 $0 $0 $0 Franchise Fees $445,000 $0 $445,000 $105,313 $595,000 Licenses, Fees & Permits $329,090 $0 $329,090 $111,217 $344,090 Sales Tax $725,000 $25,000 $750,000 $342,549 $850,000 Intergovernmental Revenue/Grants $160,000 $0 $160,000 $10,726 $35,000 Charges for Services $100,300 $0 $100,300 $62,659 $100,300 Fines & Forfeitures $35,100 $34,900 $70,000 $36,256 $70,000 Miscellaneous $0 $0 $0 $36 $0 Use of Money & Property $67,500 $0 $67,500 $15,316 $67,500 Transfers In $0 $0 $0 $0 $0 Waste Water Receipts $318,349 $0 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $301,006 $6,120,995 $2,086,420 $5,900,995 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 EXPENDITURES Salaries $1,083,626 $125,000 $1,208,626 $510,521 $1,178,626 Benefits $1,066,209 $57,500 $1,123,709 $329,437 $1,023,709 Professional/Contractual Services $3,337,646 $100,000 $3,437,646 $1,590,075 $3,387,646 Materials & Supplies $211,351 $0 $211,351 $98,662 $211,351 Lease of Facility/Equipment $19,323 $0 $19,323 $11,691 $13,323 Utilities $143,858 $0 $143,858 $83,803 $133,858 Overhead Cost Allocation ($87,450)$0 ($87,450)($43,725)($87,450) Transfers Out $135,800 $0 $135,800 $60,400 $135,800 TOTAL EXPENDITURES $5,910,363 $282,500 $6,192,863 $2,640,865 $5,996,863 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 REVENUE & EXPENSE SUMMARY REVENUES $5,819,989 $301,006 $6,120,995 $2,086,420 $5,900,995 EXPENDITURES ($5,910,363)($282,500)($6,192,863)($2,640,865)($5,996,863) NET - USE OF FUND BALANCE ($90,374)$18,506 ($71,868)($554,445)($95,868) City of Grand Terrace FY2020-21 Financial Report Update For the 2nd Quarter ending December 31, 2020 C.6.a Packet Pg. 133 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY REVENUE - Property Tax (2020-21 vs. 2019-20) $0 $1,703 $3,096 $3,087 $49,922 $248,946 $681,679 $57,991 $4,562 $150,840 $839,505 $10,683 $0 $4,710 $4,157 $0 $86,438 $296,948 $0 $0 $0 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals 306,754 392,254 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 134 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY REVENUE - Sales Tax (2020-21 vs. 2019-20) $0 $0 $60,225 $68,463 $82,487 $56,660 $61,081 $95,224 $54,776 $57,617 $57,938 $239,450 $0 $0 $64,803 $77,598 $144,019 $56,129 $0 $0 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 300,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $267,834 $342,549 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 135 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY REVENUE - Licenses, Permits & Fees (2020-21 vs. 2019-20) $32,893 $15,470 $20,694 $24,786 $35,121 $19,948 $60,329 $38,399 $27,793 $16,501 $19,405 $77,823 $19,618 $17,330 $14,973 $21,607 $23,049 $14,640 $0 $0 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $148,911 $111,217 - 25,000 50,000 75,000 100,000 125,000 150,000 175,000 200,000 225,000 250,000 275,000 300,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 136 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY REVENUE - Franchise Fees (2020-21 vs. 2019-20) $0 $0 $29,925 $18,777 $49,216 $21,610 $32,141 $0 $106,784 $129,264 $63,839 $98,266 $0 $0 $0 $21,913 $65,429 $17,971 $0 $0 $0 $0 $0 $0 - 25,000 50,000 75,000 100,000 125,000 150,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $119,529 $105,313 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 137 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) This page left intentionally blank. C.6.a Packet Pg. 138 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) GENERAL FUND EXPENDITURE BY CATEGORY C.6.a Packet Pg. 139 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) EXPENDITURE ASSUMPTIONS: 8. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 9. Sections/Cost Centers are rolled into each Category as follows: m. Salaries n. Benefits o. Professional/Contractual Services p. Materials and Supplies q. Lease of Facilities and/or Equipment r. Equipment s. Capital Projects t. Utilities u. Debt Services v. Overhead Cost Allocation w. Transfers Out C.6.a Packet Pg. 140 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 REVENUES Property Tax $1,971,250 $111,343 $2,082,593 $392,254 $2,172,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 $691,745 $1,348,163 Residual Receipts - Housing $0 $0 $0 $0 $0 Franchise Fees $445,000 $0 $445,000 $105,313 $595,000 Licenses, Fees & Permits $329,090 $0 $329,090 $111,217 $344,090 Sales Tax $725,000 $25,000 $750,000 $342,549 $850,000 Intergovernmental Revenue/Grants $160,000 $0 $160,000 $10,726 $35,000 Charges for Services $100,300 $0 $100,300 $62,659 $100,300 Fines & Forfeitures $35,100 $34,900 $70,000 $36,256 $70,000 Miscellaneous $0 $0 $0 $36 $0 Use of Money & Property $67,500 $0 $67,500 $15,316 $67,500 Transfers In $0 $0 $0 $0 $0 Waste Water Receipts $318,349 $0 $318,349 $318,349 $318,349 TOTAL REVENUES $5,819,989 $301,006 $6,120,995 $2,086,420 $5,900,995 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 EXPENDITURES Salaries $1,083,626 $125,000 $1,208,626 $510,521 $1,178,626 Benefits $1,066,209 $57,500 $1,123,709 $329,437 $1,023,709 Professional/Contractual Services $3,337,646 $100,000 $3,437,646 $1,590,075 $3,387,646 Materials & Supplies $211,351 $0 $211,351 $98,662 $211,351 Lease of Facility/Equipment $19,323 $0 $19,323 $11,691 $13,323 Utilities $143,858 $0 $143,858 $83,803 $133,858 Overhead Cost Allocation ($87,450)$0 ($87,450)($43,725)($87,450) Transfers Out $135,800 $0 $135,800 $60,400 $135,800 TOTAL EXPENDITURES $5,910,363 $282,500 $6,192,863 $2,640,865 $5,996,863 2020-21 Adopted Budget 06/23/2020 2020-21 Proposed Adjustments 07/28/2020 2020-21 Approved Budget 07/28/2020 2020-21 2nd Quarter Actuals 12/31/2020 2020-21 Year-End Projections 03/09/2021 REVENUE & EXPENSE SUMMARY REVENUES $5,819,989 $301,006 $6,120,995 $2,086,420 $5,900,995 EXPENDITURES ($5,910,363)($282,500)($6,192,863)($2,640,865)($5,996,863) NET - USE OF FUND BALANCE ($90,374)$18,506 ($71,868)($554,445)($95,868) City of Grand Terrace FY2020-21 Financial Report Update For the 2nd Quarter ending December 31, 2020 C.6.a Packet Pg. 141 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY EXPENDITURE - Salaries (2020-21 vs. 2019-20) $46,047 $141,631 $98,159 $96,527 $120,537 $97,511 $136,227 $87,357 $88,205 $76,863 $116,429 $149,554 67,786 76,006 77,298 75,305 79,886 134,240 - - - - - - - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $600,411 $510,521 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 FY2018-19 Actuals FY2019-20 Actuals FY2018-19 Actuals FY2019-20 Actuals C.6.a Packet Pg. 142 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY EXPENDITURE - Benefits (2020-21 vs. 2019-20) $49,166 $65,217 $77,750 $61,506 $60,187 $74,740 $94,010 $72,074 $75,896 $59,488 $64,546 $69,628 62,095 28,419 126,950 29,021 29,549 53,403 - - - - - - - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $388,566 $329,437 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2018-19 Actuals FY2019-20 Actuals FY2018-19 Actuals FY2019-20 Actuals C.6.a Packet Pg. 143 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY EXPENDITURE - Professional Services (2020-21 vs. 2019-20) $37,169 $377,404 $102,390 $277,473 $466,457 $145,630 $274,491 $275,937 $269,398 $131,133 $265,468 $787,561 250,698 255,951 279,195 255,980 204,395 343,857 - - - - - - - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals 1,406,523 1,590,075 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 144 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) MONTHLY EXPENDITURE - Materials & Supplies (2020-21 vs. 2019-20) $2,678 $23,607 $13,286 $19,198 $21,015 $15,636 $21,260 $25,914 $12,005 $26,532 $10,060 $86,648 16,710 10,600 5,778 20,924 14,180 30,471 - - - - - - - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2020-21 Actuals 2019-20 Actuals $95,420 $98,662 - 25,000 50,000 75,000 100,000 125,000 150,000 175,000 200,000 FY2019-20 Actuals FY2020-21 Actuals FY2019-20 Actuals FY2020-21 Actuals C.6.a Packet Pg. 145 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) This page left intentionally blank. C.6.a Packet Pg. 146 Attachment: December-2020 Financial Report [Revision 1] (Second Quarter Financial Report (October-2020 - December-2020)) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Funding Agreement Between Omnitrans and the City of Grand Terrace for Measure "I" Funds for the City's Senior Transportation Program; Related Adjustment to FY 2020-21 Position Summary (Bus Driver Positions); and Related Adjustment to Budget Appropriations PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: 1. Approve the Two-Year Contract with Omnitrans for the following: a. A not to exceed amount of $190,900 in operating expenses, with an annual not to exceed amount of $95,902 in Calendar Year 2021, and $95,808 in Calendar 2022; and b. A not to exceed amount of $128,880 in capital expenses, with an annual not to exceed amount of $87,840in Calendar year 2021, and $41,040 in Calendar Year 2022. 2. Authorize the City Manager to execute the agreement; 3. Approve the additional adjustments to the City’s FY2020 - 21 Position Summary as follows: a. Increase the existing Bus Driver position hours from a 35-hour work week to a 40-hour work week; and b. Approve the addition of a part-time, 20-hour work week (salary and benefits) Bus Driver position; and 4. Approve the additional appropriations to the City’s FY2020-21 Approved Budget as follows: CAPITAL EXPENSES: a. Revenue and Expense appropriations of $74,800 to the Senior Bus Fund; and b. Transfer of $4,880 from the General Fund to the Senior Bus Fund OPERATIONAL EXPENSES: G.7 Packet Pg. 147 a. Additional Revenue and Expense appropriations of $54,430 to the Senor Bus Fund; and b. Transfers of 4,385 and 2,500 from the General Fund and Air Quality Management District (AQMD) Funds, respectively. 2030 VISION STATEMENT: This staff report supports Goal #4 "Develop and Implement Successful Partnerships" by working with a regional agency to secure funding for programs and projects that benefit seniors in our community. BACKGROUND: On December 16, 2015, the City of Grand Terrace entered into a partnership with Valley Transportation Services (VTrans) (Attachment 1). VTrans was a 501(c)3 nonprofit organization created and designated in October 2010 by SANBAG as the Consolidated Transportation Services Agency (CTSA) eligible to rece ive two percent (2%) of the Measure I Senior/Disabled funds collected in the Valley portion of San Bernardino (Attachment 1). VTrans’ mission was to improve mobility for seniors, persons with disabilities and persons of low income. The VTrans Board approved a three-year funding agreement in the amount of $132,879 for operating expenses and leased the City a wheelchair equipped vehicle for $1.00. On August 1, 2016 VTrans assigned and transferred all rights and obligation of its agreement with the City of Grand Terrace to Omnitrans (a Joint Powers Authority and a consolidated Transportation Services Agency), which was designated as the new CTSA for San Bernardino Valley (Attachment 2). VTrans also converted the lease of the wheelchair equipped vehicle to a purchase agreement and the vehicle is now owned by the City of Grand Terrace. On December 11, 2018, the City and Omnitrans entered into a Two -year Funding Agreement (Dec-2018 through Dec-2020) (Attachment 3), wherein Omnitrans, through the use of Measure I Senior/Disabled funds, funded 72% of the City’s Senior Transportation Program’s annual operating expenses with the City’s General Fund contributing $10,000 and the City’s Air Quality Management District (AQMD) Fund contributing $5,000 annually. DISCUSSION: Omnitrans’ Measure I Regional Mobility Partnership Program (RMP) provides funding to support the development and sustainability of programs that provide transportation services to seniors and individuals with disabilities throughout the San Bernardi no Valley region. G.7 Packet Pg. 148 Funding for the RMP is distributed to eligible agencies through an annual, competitive Measure I Call for Projects. In June-2020, Omnitrans distributed a Measure I RMP Call for Projects to agencies with transportation programs that are designed to improve mobility and/or the coordination of transportation services for seniors and/or persons with disabilities in the San Bernardino Valley region. Applicants may include local government authorities, human and social services agencies, tribal governments, private non-profit and charitable organizations. The Call for Projects covers two years - January 2021 through December 30, 2023, with approximately $2,750,000 available each year. Applicants may request two years of funding per project with a maximum capital and/or operating grant request of $250,000 per year. The City submitted a proposal and received funding for the following (detailed in Exhibit B of the proposed Funding Agreement). As with the prior funding agreement, the RMP guidelines require a City match, 10% for capital expenses and 20% for operational expenses: Table 1 CAPITAL EXPENSES EXPENSES Jan '21 – Dec '21 Jan '22 – Dec '22 TOTAL LEASE VIA GREEN COMMUTER A. Two (2) Electric Vehicle Star ADA Rear Lift (14-Passenger + Wheelchair) Vehicles 45,600.00 45,600.00 91,200.00 B. Two (2) Electric Vehicle Charging Stations (DC#3) 52,000.00 - 52,000.00 TOTAL PROJECT EXPENSES 97,600.00 45,600.00 143,200.00 REVENUES City Match (Cash) A. General Fund (10%) 9,760.00 4,560.00 14,320.00 Total Cash Match 9,760.00 4,560.00 14,320.00 Measure I Request 87,840.00 41,040.00 128,880.00 TOTAL REVENUES 97,600.00 45,600.00 143,200.00 Calculated Measure I portion 90.00% 90.00% 90.00% Table 2 OPERATIONAL EXPENSES EXPENSES Jan '21 – Dec '21 Jan '22 – Dec '22 TOTAL G.7 Packet Pg. 149 OPERATIONAL EXPENSES EXPENSES Jan '21 – Dec '21 Jan '22 – Dec '22 TOTAL A. One (1) Bus Driver position: 40- hr week 62,400.00 65,520.00 127,920.00 B. One (1) Bus Driver position: 20- hr week 31,200.00 32,760.00 63,960.00 C. Program Support 10,000.00 10,000.00 20,000.00 D. Fuel, cost to charge vehicles, supplies, etc. 11,800.00 7,990.00 19,790.00 E. Overhead (3%) 3,462.00 3,488.00 6,950.00 TOTAL PROJECT EXPENSES 118,862.00 119,758.00 238,620.00 REVENUES City Match (Cash) A. General Fund 8,770.00 8,770.00 17,540.00 B. Donations, AQMD Fund 5,000.00 5,180.00 10,180.00 Total Cash Match 13,770.00 13,950.00 27,720.00 City Match (In-Kind) A. Program Support 10,000.00 10,000.00 20,000.00 Total In-Kind Match 10,000.00 10,000.00 20,000.00 Measure I Request 95,092.00 95,808.00 190,900.00 TOTAL REVENUES 118,862.00 119,758.00 238,620.00 Calculated Measure I portion 80.00% 80.00% 80.00% Prior to the pandemic, the City’s transportation program has allowed senior residents of Grand Terrace an opportunity to take advantage of a full spectrum of services and activities, including arts and crafts, bingo, card games, educational classes, guitar lessons, health screenings, support groups and excursions. The Center also organizes a wide variety of social gatherings including a monthly general meeting with entertainment on the second Friday of every month at 10:00 am. Since the pandemic, the City’s transportation program has allowed senior residents to travel to the local grocery stores and restaurants within the City. The City has since added trips to the Veterans Administration hospital. In complying with the Center for Disease Control (CDC) guidelines of maintaining a six- foot distance between passengers, the City’s Senior Bus (Silver Liner) has had to make numerous trips to one location to accommodate all passengers. The increased hours of the existing Bus Driver position will allow for additional trips, and the addition of a Part- time Bus Driver will allow for weekend trips if warranted and can serve as a back -up for the full-time position during leaves such as vacation, sick, etc. The Center is open from G.7 Packet Pg. 150 8:00 a.m. to 3:00 p.m., Monday through Friday. The Silver Liner can be credited for increasing attendance at the Center as the additional excursions offered by the Silver Liner increases the mobility of seniors living in the senior housing development (Blue Mountain Villas) attached to the Grand Terrace Senior Center (Attachment IV). FISCAL IMPACT Per the funding agreement with Omnitrans and as shown in Tables 1 and 2 in the discussion, the City will continue to provide the required matching funds, both cash and in-kind, from the General Fund and the AQMD fund, respectively. Staff is recommending approval of the Funding Agreement with Omnitrans (Attachment 4) and requesting the approval of the following appropriations for 6 months funding of the agreement in FY2020-21 as follows: Table 3 – CAPITAL EXPENSE APPROPRIATIONS Fund Description Amount REVENUES Senior Bus Fund (65) Omnitrans Measure I $69,920 General Fund (10) General Fund transfer to Fund 65 $4,880 TOTAL REVENUES $74,800 EXPENSES Senior Bus Fund (65) Lease of Vehicles / Equipment $22,800 Senior Bus Fund (65) Installation of Electric Vehicle Charging Stations $52,000 TOTAL EXPENDITURES $74,800 Table 4 – OPERATING EXPENSE APPROPRIATIONS Fund Description Amount REVENUES Senior Bus Fund (65) Omnitrans Measure I $47,545 General Fund (10) General Fund transfer to Fund 65 $4,385 AQMD Fund (15) AQMD Fund transfer to Fund 65 $2,500 TOTAL REVENUES $54,430 G.7 Packet Pg. 151 Fund Description Amount EXPENSES Senior Bus Fund (65) Salaries $31,200 Senior Bus Fund (65) Benefits $15,600 Senior Bus Fund (65) Fuel, supplies, vehicle charging costs, etc. 7,630 TOTAL EXPENDITURES $54,430 Funding for FY2021-22 Senior Transportation Program will be included in the proposed FY2021-22 Proposed Budget. ATTACHMENTS: • 1_Funding Agreement VTrans 12-16-2015 (PDF) • 2_Assignment of funding Agreement w- Vtrans to Omnitrans (PDF) • 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (PDF) • Funding Agreement City of Grand Terrace 2021 -1 (DOCX) APPROVALS: Cynthia A. Fortune Completed 03/17/2021 7:41 PM Finance Completed 03/17/2021 7:42 PM City Attorney Completed 03/18/2021 11:31 AM City Manager Completed 03/18/2021 11:50 AM City Council Pending 03/23/2021 6:00 PM G.7 Packet Pg. 152 FUNDING AGREEMENT BETWEEN VALLEY TRANSPORTATION SERVICES AND CITY OF GRAND TERRACE THIS AGREEMENT, is made and entered into this 161h day of December, 2015 at Upland, California, by and between Valley Transportation Services, a non-profit corporation and Consolidated Transportation Services Agency (hereinafter "VT rans"), and City of Grand Terrace, a municipal corporation (hereinafter "CITY"). RECITALS WHEREAS, in its capacity as the Consolidated Transportation Services Agency ("CTSA") for the San Bernardino Valley, VTrans has the ability to provide local funds to other entities for projects that improve mobility for persons with disabilities and senior citizens; and WHEREAS, CITY would like to operate a curb-to-curb shuttle service for the transportation of seniors to and from the Grand Terrace Senior Center and various other destinations ("Project"); and WHEREAS, VTrans desires to provide funds to CITY, on a reimbursable basis, for the Project; and WHEREAS, the parties wish to enter into this Funding Agreement ("Agreement") to document the terms and conditions ofVTrans' funding of the Project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Project Description: CITY will provide all Project services, as set forth in CITY's Proposal, attached hereto as Exhibit A. Any proposed amendment to Exhibit A must be agreed to in advance by the parties pursuant to a written amendment. 2. Time of Performance: This Agreement will commence on December 1, 2015. This Agreement shall expire on November 30, 2018, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties. 3. Funding Amount: The amount to be paid to CITY under this Agreement will not exceed One-Hundred Thirty-Two Thousand, Eight Hundred Seventy-Nine Dollars ($132,879), unless agreed to in advance by the parties pursuant to a written amendment. In no instance will VTrans be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs. Eligible costs shall include expenditures consistent with Measure I. G.7.a Packet Pg. 153 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 4. Payment: a. On a monthly basis, CITY will provide VTrans with an invoice for reimbursement pursuant to Subsections 4.b. and 4.c., below. b. Payments for operating expenses to CITY hereunder will be made in arrears. CITY will submit a detailed and properly documented invoice for reimbursement not more often than monthly, which invoice will include: (i) a description of the work performed; and (ii) a detailed accounting of costs incurred. c. Payments for capital expenses, including but not limited to vehicles, may be requested in advance, upon presentation of a valid vendor invoice for such purchases. d. CITY will be notified within ten ( 10) business days following receipt of its invoice by VTrans of any circumstances or data in CITY's invoice that would cause withholding of approval and subsequent payment. CITY' s invoice will include documentation of reimbursable expenses and billed items sufficient for VTrans, in its opinion, to substantiate billings. VTrans reserves the right to withhold payment of disputed amounts. e. At no time shall payments from VTrans be used to supplant or replace funding currently provided to CITY by any funding source for CITY's existing Shuttle Service. CITY shall notify VT rans of any potential loss of funding for the existing Shuttle Service within ten (10) business days of learning of the funding loss. 5. Progress Reports: CITY will provide VTrans with monthly progress reports on the Project, as set forth in Exhibit A. In cooperation with VTrans, CITY shall develop national ridership data reporting mechanisms sufficient for reporting as part of the NTD (National Transit Database) reporting system, and shall provide such data to VT rans . 6. Advisory Committee Participation: CITY shall attend and participate in advisory committee meetings, as mutually agreed upon by VTrans. 7. Compliance with Laws: CITY will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to CITY for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws. Any failure by CITY to comply with such laws may result in the termination of this Agreement or such other remedy as VTrans deems appropriate. 8. Independent Contractor: CITY, and the agents and employees of CITY, in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents ofVTrans. CITY, its officers, employees, agents, and contractors, if any, will have no power to bind or commit VTrans to any decision or course of action, and will not G.7.a Packet Pg. 154 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) represent to any person or business that they have such power. CITY has and will retain the right to exercise full control of the supervision of the Project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this Agreement. CITY will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, compliance with all laws, statutes, and regulations governing such matters. 9. Termination: a. VTrans may terminate this Agreement for cause by giving CITY a notice of default and intention to terminate the Agreement ("Termination Notice"). The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to CITY at the address indicated in Section 20 below. b. Upon receipt of a Termination Notice, CITY shall have 30 days in which to cure the stated violation(s) and to provide to VTrans sufficient evidence that the violations have been cured. If CITY has not cured within 30 days of such notice, or has not provided sufficient evidence of such to VTrans, the Agreement shall be terminated, effective immediately. c. VTrans may also terminate this Agreement in the event of Measure I or federal grant funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 9.a., herein. d. VTrans may also terminate this Agreement in the event of a funding shortfall for CITY's existing Shuttle Service, or the failure to provide notice to VTrans of such funding shortfall, as required pursuant to section 4.e. In the event CITY fails to provide the notice required pursuant to section 4.e., VTrans is not required to give CITY an opportunity to cure such violation. e. If VT rans issues a Termination Notice or terminates this Agreement due to a funding shortfall, VTrans will reimburse CITY for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to VTrans for damages suffered as a result of CITY's failure to comply with the terms of this Agreement. f. CITY will have the right to terminate this Agreement in the event VTrans is unable to make required payments. In such event, CITY will provide VTrans with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to VTrans at the address indicated in Section 20. VTrans will make payment to CITY through the date of termination, subject to the provisions of Section 4 above, and less G.7.a Packet Pg. 155 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) any compensation to VT rans for damages suffered as a result of CITY' s failure to comply with the terms of this Agreement. 10. Assignment: The parties understand that VTrans entered into this Agreement based on the Project proposed by CITY. Therefore, without the prior express written consent of VTrans, this Agreement is not assignable by CITY either in whole or in part. 11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives. 12. Time: Time is of the essence in this Agreement and will follow the timeline set forth in Exhibit A, unless modified pursuant to Section 13. 13. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto. 14. Contractors and Subcontractors: CITY will be fully responsible for all work performed by its contractors and subcontractors. VTrans reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of $25,000. 15. Indemnity: CITY and VTrans are responsible for their own acts and omissions. Further, each party agrees to indemnify, defend, and hold harmless the other party, its governing body, officers, employees, and agents from and against any and all actions, claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees and costs, resulting from the negligent acts or omissions or willful misconduct of the indemnifying party. The provisions of this Section will survive the expiration, termination, or assignment of this Agreement. 16. Insurance Requirements: CITY hereby warrants that it carries and shall maintain, in full force and effect during the full term of this Agreement and any extensions to this Agreement, the following described insurance coverage: G.7.a Packet Pg. 156 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) (1) (2) (3) POLICY MINIMUM LIMITS OF LIABILITY Workers' Compensation; Employer's Statutory requirements for Workers' Liability. Compensation; $1,000,000 Employer's Liability. Comprehensive Automobile: Bodily Injury/Property Damage $2,000,000 Insurance Services Office, form #CA each accident. 0001 covering Automobile Liability, code 1 (any auto). General Liability: Insurance Services $1,000,000 per occurrence. If Commercial Office Commercial General Liability General Liability Insurance or other form coverage (occurrence form #CG with a general aggregate limit, such limit shall 0001). apply separately to this Project or the general aggregate limit shall be twice the required occurrence limit. a. Deductibles and Self-insured Retentions: Any deductibles or self-insured retentions in excess of $5,000 must be declared to and approved by VTrans. b. Required Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) For any claims related to this Agreement, CITY's insurance coverage shall be primary insurance as respects VTrans, its directors, officers, employees and agents. Any insurance or self-insurance maintained by VTrans, its directors, officers, employees or agents shall be in excess of CITY' s insurance and shall not contribute to it. (2) Any failure by CITY to comply with reporting or other provisions of the policies including breaches of warrants shall not affect coverage provided to VTrans, its directors, officers, employees or agents. (3) CITY's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior G.7.a Packet Pg. 157 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) written notice by certified mail, return receipt requested, has been given to VT rans. c. Acceptabilitv of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise approved by VTrans. d. Certificate of Insurance and Additional Insured Requirement: CITY shall furnish to VTrans an original Certificate of Insurance on a standard ACORD form, or other form acceptable to VTrans, substantiating the required coverages and limits set forth above and also containing the following: (1) Thirty (30) days prior written notice to VTrans of the cancellation, non- renewal, or reduction in coverage of any policy listed on the Certificate; and (2) The following statement with respect to the Commercial General Liability policy: "VTrans and its directors, officers, employees and agents, are made additional insureds, but only insofar as the operations under this Agreement are concerned." e. Certified Copies of Policies: Upon request by VTrans, CITY shall immediately furnish a complete copy of any policy required hereunder, including all endorsements, with said copy certified by the insurance company to be a true and correct copy of the original policy. f. CITY's Responsibility: Nothing herein shall be construed as limiting in any way the extent to which CITY may be held responsible for damages resulting from CITY's operations, acts, omissions, or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve CITY of liability in excess of such minimum coverage, nor shall it preclude VT rans from taking other actions available to it under this Agreement or by law, including but not limited to, actions pursuant to CITY's indemnity obligations. 17. Audit: An independent auditor shall audit CITY's use of Project funds no less than annually. CITY agrees to supply VTrans with a copy of any audit of Project related activities performed. 18. Retention and Inspection of Records a. CITY, including any contractors or subcontractors, will retain all driver training records and vehicle maintenance and safety records. b. VTrans or its designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials G.7.a Packet Pg. 158 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) pertaining to performance of this Agreement (collectively "Records"), including any Records in the possession of any contractors or subcontractors. CITY agrees to provide VTrans or its designee with any relevant information requested and will permit VTrans or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations. c. CITY further agrees to maintain all Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by VTrans upon expiration of this Agreement, CITY will cause all Records relevant to the Project to be delivered to VTrans as depository. 19. Signs: CITY will include the VTrans logo and/or Measure I signage ,~m Project related marketing materials and on vehicles operated with VTrans funding, including: a. Vehicles purchased or operated with Measure I funds shall display signs clearly visible to riders indicating the vehicle is funded in part through Measure I funding. b. Capital projects constructed by Entity using Measure I funds shall also have Measure I signage. f. Signage must conform with approved Measure I signage and be approved by VT rans. 20. Project Managers: VTrans' Project Manager for this Agreement is Beth Kranda, unless VTrans otherwise informs CITY. With the exception of notice of termination sent by certified mail pursuant to Section 9 above, any notice, report, or other communication required by this Agreement will be mailed by first-class mail to the VTrans Project Manager at the following address : Valley Transportation Services Chief Executive Officer 299 W. Foothill Blvd , Ste. 202 Upland, CA 91786 CITY's Project Manager for this Agreement is G. Harold Duffey, City Manager. With the exception of notice of termination sent by certified mail pursuant to Section 9 above, any notice, report, or other communication to CITY required by this Agreement will be mailed by first-class mail to: G.7.a Packet Pg. 159 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) G. Harold Duffey, City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 21. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of VTrans to enforce at any time the provisions of this Agreement or to require at any time performance by CITY of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of VT rans to enforce these provisions. 22. Litigation: CITY will notify VTrans immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or VTrans, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests ofVTrans. 23. Non-Liability of VTrans: VTrans shall not be liable to CITY or any third party for any claim for loss of profits or consequential damages. Further, VTrans shall not be liable to CITY or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. 24. Costs and Attorneys' Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys' fees. 25. Governing Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County. 26. Integration: This Agreement represents the entire understanding of VT rans and CITY as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 13. 27. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable. G.7.a Packet Pg. 160 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 28. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement. 29. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement. 30. Ownershio: Permission: VTrans represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced and owned by CITY or that all required permissions and license agreements have been obtained and paid for by CITY. CITY will defend, indemnify and hold harmless VTrans and its directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty. 31. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument. 32. Press Releases: CITY will obtain VTrans' prior written approval of any press releases, or other public outreach materials, that include any reference to VT rans or depiction of the VT rans logo. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above. By: ~ Sam Spagno G. Harold Duffey, City Manager Valley Transportation Services Approved as to form: l . . ·fa~t1!w City of Grand Terrace Attorney G.7.a Packet Pg. 161 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) EXHIBIT A BACKGROUND The City of Grand Terrace Senior Center provides a full spectrum of services and activities, including: arts and crafts, bingo, card games, educational classes, guitar lessons, health screenings, support groups and excursions. The Center also has a wide variety of social gatherings including a monthly general meeting with entertainment on the second Friday of every month at lO:OOam. The Center is open from 8:00am to 3:00pm, Monday through Friday. The Family Services Association operates a senior nutrition program at the Senior Center by providing lunch on a daily basis from 11 :30am to 12:30pm at a cost of $3.00 (recommended donation) for seniors aged 60+ and $5 for those under 60 years old. The Senior Center and the senior nutrition program are underutilized and City Staff believe that the lack of transportation service to the Center is a significant contributing factor. PROJECT DESCRIPTION The City of Grand Terrace is proposing to lease a VT rans bus to provide a five (5) day per week Senior Transportation Program that will begin with daily rides to and from the Senior Center. The Center also coordinates an annual excursion trip for seniors to explore Southern California. The bus may be used for this service. The program could eventually expand to include other ride services, for example, rides to and from the grocery store or the doctor's office/Kaiser Permanente. Seniors will be allowed to purchase a weekly or monthly pass. The weekly pass will be $2.50 and will include 5 round trips to the Senior Center. A monthly pass will be $10.00 and include 20 round trips to the Senior Center. A major marketing effort the City would like to implement for the Senior Transportation Program is a vehicle wrap for the bus. The City understands that VTrans must first approve the wrap design, and in addition to the City of Grand Terrace logo the VTrans and Measure I logos will also need to be included. Year 1 Budget Salaries $49,478.00 Vehicle & Insurance $3,101.00 Fuel $3,000.00 Marketing & $3,100.00 Advertising Excursions/Misc. $1,200.00 Total $59,879.00 CITY RESPONSIBILITIES CITY will provide Project services, including but not limited to: 1. CITY will provide cub-to-curb shuttle services, as described above. 2. CITY will account for all funding received from VTrans in an agreed upon format. Monthly financial reports on the Project, including year-to-date expenses, will also be provided. G.7.a Packet Pg. 162 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 3. CITY will provide monthly progress reports on the Project, including but not limited to: monthly ridership numbers, trips provided, cost per trip, monthly expenses, project milestones, and/or any other data deemed mutually beneficial. 4. CITY will keep records of demographic information pertaining to disability, age and income, as applicable. PROJECT MILESTONES The City has never had a senior transportation program so it is difficult to project ridership, but City Staff projects an average of at least five (5) daily I (20) weekly riders as the program begins. The Senior Center currently has 160 members. The goal will be to increase the bus ridership numbers over the first year through marketing efforts and outreach. The projected launch date of this program is January 1, 2016. PERFORMANCE CRITERIA Project performance will be evaluated annually, or more frequently as determined by VTrans. If participation in the Project is significantly less than anticipated by VTrans and CITY, or if VT rans determines that the quality of performance by CITY is insufficient, as determined by VTrans, VT rans may modify this Exhibit A, or terminate this Agreement as provided in Section 9 herein. G.7.a Packet Pg. 163 Attachment: 1_Funding Agreement VTrans 12-16-2015 (Funding Agreement Between Omnitrans and the City of Grand Terrace) G.7.bPacket Pg. 164Attachment: 2_Assignment of funding Agreement w- Vtrans to Omnitrans (Funding Agreement Between Omnitrans and the City of Grand G.7.bPacket Pg. 165Attachment: 2_Assignment of funding Agreement w- Vtrans to Omnitrans (Funding Agreement Between Omnitrans and the City of Grand G.7.bPacket Pg. 166Attachment: 2_Assignment of funding Agreement w- Vtrans to Omnitrans (Funding Agreement Between Omnitrans and the City of Grand FUNDING AGREEMENT BETWEEN OMNITRANS AND CITY OF GRAND TERRACE This Funding Agreement for Measure I funds ("Agreement") by and between the City of Grand Terrace, a municipal government and Omnitrans, a Joint Powers Authority and a Consolidated Transportation Services Agency("Omnitrans"), is entered into this_[_L_day of yilyiASA4_ , 2018. The City of Grand Terrace and Omnitrans are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, in its capacity as the Consolidated Transportation Services Agency CTSA") for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds to other entities for projects that improve mobility for persons with disabilities, senior citizens, and persons of low income; and WHEREAS, the City of Grand Terrace currently operates its Senior Transportation Program("Project") which provides weekday curb-to-curb transportation for seniors to and from the Grand Terrace Senior Center for lunch, social activities, and planned outings in the community; and WHEREAS, the City of Grand Terrace would like to continue operating its Senior Transportation Program; and WHEREAS, Omnitrans desires to provide operating assistance funds to the City of Grand Terrace, on a reimbursable basis, for the Project; and WHEREAS, the parties wish to enter into this Agreement to document the terms and conditions of Omnitrans funding of the Project. NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Project Description: The City of Grand Terrace will continue to operate its curb-to-curb transportation program for seniors between their homes and the Grand Terrace Senior Center on weekdays. The service is branded the "Blue Mountain Silver-Liner" and is provided through a City owned 12-passenger bus, as set forth in the City of Grand Terrace's Project, attached hereto 1 G.7.c Packet Pg. 167 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 5. Progress Reports: In cooperation with Omnitrans, the City of Grand Terrace shall develop national ridership data reporting mechanisms sufficient for reporting as part of the NTD National Transit Database) reporting system, and shall provide such data to Omnitrans monthly. 6. Advisory Committee Participation: The City of Grand Terrace shall attend and participate in advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino County Transportation Authority. 7. Compliance with Laws: The City of Grand Terrace will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to the City of Grand Terrace for this Project; (ii) all disability laws; and (iii) non- discrimination and equal opportunity laws. Any failure by the City of Grand Terrace to comply with such laws may result in the termination of this Agreement or such other remedy as Omnitrans deems appropriate. 8. Independent Contractor: The City of Grand Terrace, and the agents and employees of the City of Grand Terrace,in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents of Omnitrans. The City of Grand Terrace, its officers, employees, agents, and contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of action, and will not represent to any person or business that they have such power. The City of Grand Terrace has and will retain the right to exercise full control of the supervision of the Project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this Agreement. The City of Grand Terrace will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, coripliance with all laws, statutes, and regulations governing such matters. 9. Termination: a. Omnitrans may terminate this Agreement for cause by giving the City of Grand Terrace a notice of default and intention to terminate the Agreement ("Termination Notice"). The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to the City of Grand Terrace at the address indicated in Section 19 below. b. Upon receipt of a Termination Notice, the City of Grand Terrace shall have 30 days in which to cure the stated violation(s) and to provide to Omnitrans sufficient evidence that the violations have been cured. If the City of Grand Terrace has not 3 G.7.c Packet Pg. 168 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) cured within 30 days of such notice, or has not provided sufficient evidence of such to Omnitrans, the Agreement shall be terminated, effective immediately. c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 9.a., herein. d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for the City of Grand Terrace's Program or the failure to provide notice to Omnitrans of such funding shortfall, as required pursuant to section 4.e. In the event the City of Grand Terrace fails to provide the notice required pursuant to section 4.e., Omnitrans is not required to give the City of Grand Terrace an opportunity to cure such violation. e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a funding shortfall, Omnitrans will reimburse the City of Grand Terrace for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to Omnitrans for damages suffered as a result of the City of Grand Terrace's failure to comply with the terms of this Agreement. f. The City of Grand Terrace will have the right to terminate this Agreement in the event Omnitrans is unable to make required payments. In such event, the City of Grand Terrace will provide Omnitrans with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans at the address indicated in Section 19. Omnitrans will make payment to the City of Grand Terrace through the date of termination, subject to the provisions of Section 4 above, and less any compensation to Omnitrans for damages suffered as a result of the City of Grand Terrace's failure to comply with the terms of this Agreement. 10. Assignment: The parties understand that Omnitrans entered into this Agreement based on the Project proposed by the City of Grand Terrace. Therefore, without the prior express written consent of Omnitrans, this Agreement is not assignable by the City of Grand Terrace either in whole or in part. 11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives. 4 G.7.c Packet Pg. 169 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 12. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto. 13. Contractors and Subcontractors: The City of Grand Terrace will be fully responsible for all work performed by its contractors and subcontractors. Omnitrans reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of$25,000. 14. Indemnification. The City of Grand Terrace shall defend, indemnify and hold Omnitrans, its directors, officials, officers, employees, agents and/or:volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of City of Grand Terrace or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with the City of Grand Terrace's performance of this Agreement, including, without limitation, the payment of consequential damages and attorneys' fees. Further, the City of Grand Terrace shall defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions or willful misconduct. The City of Grand Terrace shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 15. Insurance. The City of Grand Terrace shall require all contractors or consultants hired to perform work or services on the Project to obtain, and require their sub-consultants and sub- contractors to obtain, insurance of the types and in the amounts described below and satisfactory to Omnitrans. Such insurance shall be maintained throughout'the term of this Agreement, or until completion of the Project, whichever occurs last. Upon request, the City of Grand Terrace will provide written certificates evidencing compliance to Omnitrans. a.Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than 1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall.apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: 1) Name Omnitrans, its officials, officers, employees, agents, and consultants as an additional insured with respect to performance of the work or services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 5 G.7.c Packet Pg. 170 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 2) Be primary with respect to any insurance or self-insurance programs covering Omnitrans, its officials, officers, employees, agents, and consultants; and 3) "Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. C.Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than 1,000,000.00 each accident. 16. Audit: An independent auditor shall audit the City of Grand Terrace's use of Project funds no less than annually. The City of Grand Terrace agrees to supply Omnitrans with a copy of any audit of Project related activities performed. 17. Retention and Inspection of Records a. The City of Grand Terrace, including any contractors or subcontractors, will retain all driver training records and vehicle maintenance and safety records. b. Omnitrans or its. designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials pertaining to performance of this Agreement (collectively "Records"), including any Records in the possession of any contractors or subcontractors. The City of Grand Terrace agrees to provide Omnitrans or its designee with any relevant information requested and will permit Omnitrans or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations. c. The City of Grand Terrace further agrees to maintain all Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by Omnitrans upon expiration of this Agreement, the City of Grand Terrace will cause all Records relevant to the Project to be delivered to Omnitrans as depository. 6 G.7.c Packet Pg. 171 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 18. Ste_ The City of Grand Terrace will include the Omnitrans logo and/or Measure I signage on Project related marketing materials and on.vehicles operated with Omnitrans funding, including: a. Vehicles purchased or operated with Measure I funds shall display signs clearly visible to riders indicating the vehicle is funded in part through Measure I funding. b. Signage must conform with approved Measure I signage and be approved by Omnitrans. 19. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All notices and communications, including invoices, between the Parties to this Agreement shall be either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight express delivery service, postage or other charges fully prepaid, as follows: TO OMNITRANS:TO THE CITY OF GRAND TERRACE: Omnitrans City of Grand Terrace 1700 West Fifth Street 22795 Barton Road San Bernardino, CA 92411 Grand Terrace, CA 92313 ATTN: Director Special Transportation ATTN:,G. Harold Duffey, City Manager Services 20. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this Agreement or to require at any time performance by the City of Grand Terrace of these provisions, will in no way be .construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Omnitrans to enforce these provisions. 21. Litigation: The City of Grand Terrace will notify Omnitrans immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Omnitrans. 22. Non-Liability of Omnitrans: Omnitrans shall not be liable to the City of Grand Terrace or any third party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be liable to the City of Grand Terrace or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. 7 G.7.c Packet Pg. 172 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 23. Costs and Attorneys' Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys' fees. 24. Governing_Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County. 25. Integration: This Agreement represents the entire understanding of Omnitrans and the City of Grand Terrace as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 12. 26. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable. 27. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement. 28. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement. 29. Ownership; Permission: The City of Grand Terrace represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced or owned by the City of Grand Terrace or that all required permissions and license agreements have been obtained and paid for by the City of Grand Terrace. The City of Grand Terrace will defend, indemnify and hold harmless Omnitrans and its directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty. 8 G.7.c Packet Pg. 173 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 30. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument. 31. Press Releases: The City of Grand Terrace will obtain Omnitrans' prior written approval of any press releases, or other public outreach materials, that include any reference to Omnitrans or depiction of the Omnitrans logo. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above. Signatures on following page] 9 G.7.c Packet Pg. 174 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) SIGNATURE PAGE TO FUNDING AGREEMENT BETWEEN OMNITRANS AND CITY OF GRAND TERRACE By: A)op-"Iscott Graham G. Har d ffey CEO/General Manager City M ger Omnitrans City of Grand Terrace Approved a O itians Legal Counsel City of Grand Terrace Legal Counsel 10 G.7.c Packet Pg. 175 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) EXHIBIT A Project Narrative Background: The City of Grand Terrace Senior Transportation Program has provided seniors with curb-to- curb transportation services to and from the Grand Terrace Senior Center, Monday through Friday, for lunch, activities, appointments and planned outings, since May of 2016. This increasingly popular program has seen a steady rise in its participation from its inception in 2016. The average number of passenger rides per month in the past three months (June, July and August 2018) of 254, is 56.15% higher than from the same span of time one year ago when the program averaged 162.66 passenger rides per month, and 662.76% higher than the same span of time during the program's first year, 2016, when the program averaged 33.33 passenger rides per month. The Senior Transportation Program is a valued part of the community and provides the City's senior residents the opportunity to meet for lunch, socialize, play games, make special trips, and be active, all by providing a convenient, local form of transportation. Project Description: The City utilizes a Ford E-450, 12-passenger bus, branded the "Blue Mountain Silver-Liner", to transport senior residents to and from the Senior Center, Monday through Friday, as well as to City events on weekends. The City of Grand Terrace is proposing to continue existing shuttling services, as well as to expand ridership through targeted community outreach, offering special excursions and continuing to respond to the suggestions of City staff working at the Senior Center. The original function of the Senior Transportation Program, to provide senior residents transportation to the Senior Center for lunch, is currently being served daily. Senior residents can schedule their pickup to the Senior Center, stay for lunch, games and activities, or to travel to the pre-scheduled bus destination for that day and receive a return ride home. Pre-scheduled destinations include daily trips to nearby shopping, restaurants, bank visits or special excursions to nearby entertainment. Shopping destinations include visits to Colton's Citrus Plaza, Ross, the 99 Cents Store, Wal-Mart, Target, CVS/Walgreens, as well as the Inland Center Mall, in San Bernardino. Restaurant visits include trips to local destinations such as Thai Kitchen, La Pasta Italia, Maria's, or Odalberto's, as well as trips to restaurants on Hospitality Lane, in San Bernardino, or even Serrano Buffet, at San Manuel Casino. Special excursions are also regularly planned and include trips to the movies, Redlands Bowl, or local theatrical presentations. 11 G.7.c Packet Pg. 176 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) Trips are planned based upon historically successful ridership data, as well as through rider and staff feedback. The Grand Terrace Senior Club meets each month at the Grand Terrace Senior Center. The Senior Club has a sub-committee in charge of activities which provides feedback and suggestions for the Senior Transportation Program. Following the direction provided by this feedback, the Senior Bus has been used to transport senior residents to requested destinations such as the local barber, Serrano Buffet and to the movies. 12 G.7.c Packet Pg. 177 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) EXHIBIT B Proiect Budget Exhibit A PROPOSED PROJECT BUDGET Agency Name: City of Grand Terrace Project Title: Senior Transportation Pro ram mnr rair s EXPENSES PO61..%T Dec'18-Dee'18 Jan'20-Dee'20 TOTAL Salaries by Position(oxhide benefits): Example:drivers,scheduler,trainer etc,) A Shuttle Driver 1 tED 100% S 26,000.00 S 26,650.00 $ 52,650.00 B.Benefits 17,204.00 $ 17,634.00 $ 34,838,00 C. S D. S E. S F. Total Salaries B Benefits. - 43,204:00 -$_.44.284.00 $ 87,468.00. Non-Personnel Expenses- Example:fuel,rent,insurance,utilities etc.) A Vehicle Fuel 4,080.00 $ 4.18200 $ 8,262.00 B.Vehicle Insurance S 632G0 $ 546,00 S 1,078.00 C.Vehicle Maintenance 3,SOD.00 $ 3.585.00 $ 7.088.00 D.Marketing 1,000.00 $ 1,02G.G0 S 2,025.00 E.Miscellaneous(Telephone,Office Supplies,etc.) S 160.00 $ 164.00 S 324.00 F Total Non-Pemonnel Expenses 9.272.00 S 9,505.O0--$ MT77.00 Administrative Overhead calculated at 3%) 1,574.28 $ 1.613.67 S 3,187.95 TOTALIPROJECTEXPENSES- 5' ' 54,050:28 5 402,675 S 109,452s5 REVENUES Agency Match(Cash) Example:General Fund,CDBG,Donations,etc) A.General Fund 15:000.00 S 15,000.00 $ 30,000.00 B.Donations 450.00 S 450,00 $ 900.00 C. D. E. F. Total Cash Match S 15,450.00 $ 15,450.00 $ 30,960.00 Agency Match(In-Kind)Pauaoe rc Tim. Salaries by Positron(ewiude benelits): A. S B. C. S S D. S E. F. S S G. Is Total In-Kind Match, S Is a NtA '" ,r TF ,.. Iw` a (,,q•'. Measure I Request 38,600.28 $ 39,95267 $ 78,552.95 TtSTAL REVENUES.:"S Sa,oso.is $ ss;aoz.e7- $' - 109,452.95 13 G.7.c Packet Pg. 178 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 1700 W.Fifth St.OmniTrans San Bernardino,CA 92411 909-379-7100 Connecting Our Community. www.omnitrans.org TO: G. Harold Duffey, City Manager of the City of Grand Terrace FROM: Marcus Garcia, Programs Administrator DATE: Wednesday, December 12, 2018 RE: Measure I Funding Agreement Through December 31, 2020 Please find enclosed two copies of the Measure I Funding Agreement for your organization which was approved by the Omnitrans Board of Directors on November 7, 2018. Both copies contain the original signatures of both the CEO/General Manager and Legal Counsel of Omnitrans. One of the copies with original signatures from Omnitrans is for your organization's records, and the other should be returned to Omnitrans with the signature of the designated representative named on the document. If your organization's policies require review from Legal Counsel, a space is also provided for their signature as well. The addressed envelope provided can be used to return one copy with original signatures from your organization via U.S. Mail. The original copy should be submitted to the following address: Omnitrans Special Transportation Services Attn: Marcus Garcia, Programs Administrator 1700 W. Sth Street San Bernardino, CA 92411-2401 Please do not hesitate to contact me at (909) 379-7343 or marcus.garcia@omnitrans.org with any questions related to this matter. Sincerely, Marcus Garcia Programs.Administrator Omnitrans Special Transportation Services G.7.c Packet Pg. 179 Attachment: 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 1 FUNDING AGREEMENT BETWEEN OMNITRANS AND CITY OF GRAND TERRACE This Funding Agreement for Measure I funds (“Agreement”) by and between the City of Grand Terrace, a municipal government and Omnitrans, a Joint Powers Authority and a Consolidated Transportation Services Agency (“Omnitrans”), is entered into this 1st day of January, 2021. The City of Grand Terrace and Omnitrans are sometimes individually referred to as “Party” and collectively as “Parties.” RECITALS WHEREAS, in its capacity as the Consolidated Transportation Services Agency (“CTSA”) for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds to other entities for projects that improve mobility for persons with disabilities, senior citizens, and persons of low income; and WHEREAS, the City of Grand Terrace currently operates its Senior Transportation Program (“Project”) which provides weekday curb-to-curb transportation for seniors to and from the Grand Terrace Senior Center for lunch, social activities, and planned outings in the community; and WHEREAS, the City of Grand Terrace would like to continue operating its Senior Transportation Program; and WHEREAS, Omnitrans desires to provide capital and operating assistance funds to the City of Grand Terrace, on a reimbursable basis, for the Project; and WHEREAS, the parties wish to enter into this Agreement to document the terms and conditions of Omnitrans funding of the Project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Project Description: The City of Grand Terrace will introduce a zero-emission carshare and rideshare program for use by its residents and community composed of two (2) zero emission vehicles. The program will serve senior individuals (62 years and older) as well as persons wit h disabilities, as set forth in the City of Grand Terrace’s Project, attached hereto as Exhibit A. Any G.7.d Packet Pg. 180 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 2 proposed amendment to Exhibit A must be agreed to in advance by the parties pursuant to a written amendment. 2. Term: This Agreement will be for a term of two (2) years and shall expire on December 31, 2022, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties. 3. Funding Amount: The amount to be paid to the City of Grand Terrace under this Agreement will not exceed $190,900 in operating expenses, with an annual not to exceed amount of $95,092 in Calendar Year 2021 and $95,808 in Calendar Year 2022. A total of $128,880 in capital expenses, with annual not to exceed amounts of $87,840 in Calendar Year 2021 and $41,040 in Calendar Year 2022-unless agreed to in advance by the parties pursuant to a written amendment. In no instance will Omnitrans be liable for any payments or costs for work in excess of these amounts, nor for costs not listed in Project Budget, attached hereto as Exhibit B. 4. Payment: a. On a monthly basis, the City of Grand Terrace will provide Omnitrans with an invoice for reimbursement pursuant to Subsections 4.b. and 4.c., below. b. Payments for operating expenses to the City of Grand Terrace hereunder will be made in arrears. The City of Grand Terrace will submit a detailed and properly documented invoice for reimbursement not more often than monthly, which invoice will include: (i) a description of the work performed; and (ii) a detailed accounting of costs incurred. c. Payments for capital expenses, including but not limited to vehicles, may be requested in advance, upon presentation of a valid vendor invoice for such purchases d. The City of Grand Terrace will be notified within ten (10) business days following receipt of its invoice by Omnitrans of any circumstances or data in the City of Grand Terrace’s invoice that would cause withholding of approval and subsequent payment. The City of Grand Terrace’s invoice will include documentation of reimbursable expenses and billed items sufficient for Omnitrans, in its opinion, to substantiate billings. Omnitrans reserves the right to withhold payment of disputed amounts. e. At no time shall payments from Omnitrans be used to supplant any existing funding source for the City of Grand Terrace’s Senior Transportation Program. The City of Grand Terrace shall notify Omnitrans of any potential loss of funding for the existing City of Grand Terrace services within ten (10) business days of learning of the funding loss. G.7.d Packet Pg. 181 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 3 5. Progress Reports: In cooperation with Omnitrans, the City of Grand Terrace shall develop national ridership data reporting mechanisms sufficient for reporting as part of the NTD (National Transit Database) reporting system, and shall provide such data to Omnitrans monthly. 6. Advisory Committee Participation: The City of Grand Terrace shall attend and participate in advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino County Transportation Authority. 7. Compliance with Laws: The City of Grand Terrace will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to the City of Grand Terrace for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws. Any failure by the City of Grand Terrace to comply with such laws may result in the termination of this Agreement or such other remedy as Omnitrans deems appropriate. 8. Independent Contractor: The City of Grand Terrace, and the agents and employees of the City of Grand Terrace, in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents of Omnitrans. The City of Grand Terrace, its officers, employees, agents, and contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of action, and will not represent to any person or business that they have such power. The City of Grand Terrace has and will retain the right to exercise full control of the supervision of the Project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this Agreement. The City of Grand Terrace will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, compliance with all laws, statutes, and regulations governing such matters. 9. Termination: a. Omnitrans may terminate this Agreement for cause by giving the City of Grand Terrace a notice of default and intention to terminate the Agreement (“Termination Notice”). The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to the City of Grand Terrace at the address indicated in Section 19 below. b. Upon receipt of a Termination Notice, the City of Grand Terrace shall have 30 days in which to cure the stated violation(s) and to provide to Omnitrans sufficient evidence that the violations have been cured. If the City of Grand Terrace has not cured within 30 days of such notice, or has not provided sufficient evidence of such to Omnitrans, the Agreement shall be terminated, effective immediately. G.7.d Packet Pg. 182 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 4 c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 9.a., herein. d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for the City of Grand Terrace’s Program or the failure to provide notice to Omnitrans of such funding shortfall, as required pursuant to section 4.e. In the event the City of Grand Terrace fails to provide the notice required pursuant to section 4.e., Omnitrans is not required to give the City of Grand Terrace an opportunity to cure such violation. e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a funding shortfall, Omnitrans will reimburse the City of Grand Terrace for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to Omnitrans for damages suffered as a result of the City of Grand Terrace’s failure to comply with the terms of this Agreement. f. The City of Grand Terrace will have the right to terminate this Agreement in the event Omnitrans is unable to make required payments. In such event, the City of Grand Terrace will provide Omnitrans with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans at the address indicated in Section 19. Omnitrans will make payment to the City of Grand Terrace through the date of termination, subject to the provisions of Section 4 above, and less any compensation to Omnitrans for damages suffered as a result of the City of Grand Terrace’s failure to comply with the terms of this Agreement. 10. Assignment: The parties understand that Omnitrans entered into this Agreement based on the Project proposed by the City of Grand Terrace. Therefore, without the prior express written consent of Omnitrans, this Agreement is not assignable by the City of Grand Terrace either in whole or in part. 11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives. 12. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto. 13. Contractors and Subcontractors: The City of Grand Terrace will be fully responsible for all work performed by its contractors and subcontractors. Omnitrans reserves the right to review G.7.d Packet Pg. 183 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 5 and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of $25,000. 14. Indemnification. The City of Grand Terrace shall defend, indemnify and hold Omnitrans, its directors, officials, officers, employees, agents and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of City of Grand Terrace or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with the City of Grand Terrace’s performance of this Agreement, including, without limitation, the payment of consequential damages and attorneys' fees. Further, the City of Grand Terrace shall defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions or willful misconduct. The City of Grand Terrace shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 15. Insurance. The City of Grand Terrace shall require all contractors or consultants hired to perform work or services on the Project to obtain, and require their sub-consultants and sub- contractors to obtain, insurance of the types and in the amounts described below and satisfactory to Omnitrans. The City of Grand Terrace may satisfy its insurance obligations herein through participation in a program of self-insurance. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. Upon request, the City of Grand Terrace will provide written certificates evidencing compliance to Omnitrans. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. c. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident. G.7.d Packet Pg. 184 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 6 16. Audit: An independent auditor shall audit the City of Grand Terrace’s use of Project funds no less than annually. The City of Grand Terrace agrees to supply Omnitrans with a copy of any audit of Project related activities performed. 17. Retention and Inspection of Records a. The City of Grand Terrace, including any contractors or subcontractors, will retain all driver training records and vehicle maintenance and safety records. b. Omnitrans or its designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials pertaining to performance of this Agreement (collectively “Records”), including any Records in the possession of any contractors or subcontractors. The City of Grand Terrace agrees to provide Omnitrans or its designee with any relevant information requested and will permit Omnitrans or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations. c. The City of Grand Terrace further agrees to maintain all Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by Omnitrans upon expiration of this Agreement, the City of Grand Terrace will cause all Records relevant to the Project to be delivered to Omnitrans as depository. 18. Signs: The City of Grand Terrace will include the Omnitrans logo and/or Measure I signage on Project related marketing materials and on vehicles operated with Omnitrans funding, including: a. Vehicles purchased or operated with Measure I funds shall display signs clearly visible to riders indicating the vehicle is funded in part through Measure I funding. b. Signage must conform with approved Measure I signage and be approved by Omnitrans. 19. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All notices and communications, including invoices, between the Parties to this Agreement shall be either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight express delivery service, postage or other charges fully prepaid, as follows: G.7.d Packet Pg. 185 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 7 TO OMNITRANS: TO THE CITY OF GRAND TERRACE: Omnitrans City of Grand Terrace 1700 West Fifth Street 22795 Barton Road San Bernardino, CA 92411 Grand Terrace, CA 92313 ATTN: Director Special Transportation ATTN: A. Harold Duffey, City Manager Services 20. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this Agreement or to require at any time performance by the City of Grand Terrace of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Omnitrans to enforce these provisions. 21. Litigation: The City of Grand Terrace will notify Omnitrans immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Omnitrans. 22. Non-Liability of Omnitrans: Omnitrans shall not be liable to the City of Grand Terrace or any third party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be liable to the City of Grand Terrace or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. 23. Costs and Attorneys’ Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys’ fees. 24. Governing Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County. 25. Integration: This Agreement represents the entire understanding of Omnitrans and the City of Grand Terrace as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 12. G.7.d Packet Pg. 186 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 8 26. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other t han those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable. 27. Headings: The headings of the various sections of this Agreement are intended solely fo r convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement. 28. Authority: Each person signing this Agreement on behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement. 29. Ownership; Permission: Omnitrans represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced or owned by the City of Grand Terrace or that all required permissions and license agreements have been obtained and paid for by the City of Grand Terrace. The City of Grand Terrace will defend, indemnify and hold harmless Omnitrans and its directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty. 30. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument. 31. Press Releases: The City of Grand Terrace will obtain Omnitrans' prior written approval of any press releases, or other public outreach materials, that include any reference to Omnitrans or depiction of the Omnitrans logo. G.7.d Packet Pg. 187 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 9 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above. By: _________________________ ___________________________ Erin Rogers G. Harold Duffey CEO/General Manager City Manager Omnitrans City of Grand Terrace Approved as to form: _________________________ _____________________________ Omnitrans Legal Counsel Legal Counsel of the City of Grand Terrace G.7.d Packet Pg. 188 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 10 EXHIBIT A Project Narrative The City of Grand Terrace proposes to introduce a zero-emission carshare and rideshare program for use by its residents and community. The program will serve senior individuals (62 years old and older) as well as persons with disabilities. Offering a zero-emission carshare and rideshare program solves the immediate need to provide flexible, lifeline transportation to our organization’s community members. As indicated in the Coordinated Plan, scheduled, fixed-route transportation is infrequent in our subarea and other specialized services do not operate on a flexible enough schedule to accommodate last-minute or off-hour trips. An independent program supported on site at Grand Terrace City Hall and the Grand Terrace Senior Center would allow community members better access to transportation and the desired mobility option to bunch or group trips in an efficient way for improved services. At the end of the two-year demonstration period, our anticipated performance measures and indicators include: - 3,000 Total Individuals served, Seniors 3,000 and Persons with Disabilities 500 - 4,000 Total Vehicle Miles Traveled - 9,000 One-Way Passenger Trips - 100 % of trips aligned with the City of Grand Terrace’s organizational mission (healthcare, employment, recreational or other) City of Grand Terrace’s use of battery-electric vehicles further supports Omnitrans’ strategic goals and objectives to decarbonize transportation via zero-emission modes that have measurable impacts on local air quality and the co-benefits associated with decreased pollution. Employing a blended carshare/rideshare model additionally assists to decrease single-occupancy vehicle traffic and promotes shared mobility as a daily means of transportation, including public transit. G.7.d Packet Pg. 189 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 11 EXHIBIT B Project Budget CAPITAL EXPENSES PROJECT BUDGET FORM Agency Name: Project Title: EXPENSES P osition % Time Jan '21 - Dec '21 Jan '22 - Dec '22 TOTAL Capital Asset(s) (Example: Vehicle Yr/Make/Model, Software, etc.) LEASE VIA GREEN COMMUTER A. EV Star ADA Rear Lift (14-Passenger + 2WheelChair Lease) #1 22,800.00$ 22,800.00$ 45,600.00$ B. EV Star ADA Rear Lift (14-Passenger + 2WheelChair Lease) #2 22,800.00$ 22,800.00$ 45,600.00$ C. EV Charging Station (Location: 1 City Maintenance Yard) DC#3 26,000.00$ -$ 26,000.00$ D. EV Charging Station (Location: 2Barton & Mt. Vernon) DC#3 26,000.00$ -$ 26,000.00$ E. -$ -$ -$ F. -$ -$ -$ 97,600.00$ 45,600.00$ 143,200.00$ 97,600.00$ 45,600.00$ 143,200.00$ REVENUES Agency Match (Cash) (Example: General Fund, CDBG, Donations, etc) A. General Fund 9,760.00$ 4,560.00$ 14,320.00$ B. -$ -$ -$ C.-$ -$ -$ D.-$ -$ -$ E.-$ -$ -$ F.-$ -$ -$ 9,760.00$ 4,560.00$ 14,320.00$ Measure I Request 87,840.00$ 41,040.00$ 128,880.00$ 97,600.00$ 45,600.00$ 143,200.00$ 90.00%90.00%90.00%Calculated Measure I portion Total Cash Match TOTAL REVENUES City of Grand Terrace Senior Transportation Program Total Salaries & Benefits TOTAL PROJECT EXPENSES G.7.d Packet Pg. 190 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) 12 OPERATING EXPENSES PROJECT BUDGET FORM Agency Name: Project Title: EXPENSES P osition % Time Jan '21 - Dec '21 Jan '22 - Dec '22 TOTAL Salaries by Position (include benefits): (Example: drivers, scheduler, trainer etc.) A. Bus Driver #1 (40 hours per week)6:30am - 3:00pm 41,600.00$ 43,680.00$ 85,280.00$ B. Benefits for Bus Driver #1 20,800.00$ 21,840.00$ 42,640.00$ C. Back-up / Add'l Bus Driver #2 (20 hours per week)20,800.00$ 21,840.00$ 42,640.00$ Sat & Sun 8:00am - 12:00 noon / Tue & Thu 3:00pm - 7:00pm D. Benefits for Bus Driver #2 10,400.00$ 10,920.00$ 21,320.00$ E. Program Support (Salaries & Benefits)10,000.00$ 10,000.00$ 20,000.00$ Assistant City Manager & Management Analyst F. -$ -$ -$ 103,600.00$ 108,280.00$ 211,880.00$ Non-Personnel Expenses: (Example: fuel, rent, insurance, utilities etc.) A. Vehicle Fuel 3,000.00$ 3,150.00$ 6,150.00$ B. Vehicle Wrap/Signage 4,000.00$ -$ 4,000.00$ C. Cleaning supplies 800.00$ 840.00$ 1,640.00$ D. Cost to charge vehicles 4,000.00$ 4,000.00$ 8,000.00$ E.-$ -$ -$ F.-$ -$ -$ 11,800.00$ 7,990.00$ 19,790.00$ 3,462.00$ 3,488.00$ 6,950.00$ 118,862.00$ 119,758.00$ 238,620.00$ REVENUES Agency Match (Cash) (Example: General Fund, CDBG, Donations, etc) A. General Fund 8,770.00$ 8,770.00$ 17,540.00$ B. Donations 5,000.00$ 5,180.00$ 10,180.00$ C.-$ -$ -$ D.-$ -$ -$ E.-$ -$ -$ F.-$ -$ -$ 13,770.00$ 13,950.00$ 27,720.00$ Agency Match (In-Kind)P osition % Time Salaries by Position (include benefits): A. Program Support - Assistant City Manager & Management Analyst 10,000.00$ 10,000.00$ 20,000.00$ B.-$ -$ -$ C.-$ -$ -$ Non-Personnel Match (in-kind) D.-$ -$ -$ E.-$ -$ -$ F.-$ -$ -$ 10,000.00$ 10,000.00$ 20,000.00$ Measure I Request 95,092.00$ 95,808.00$ 190,900.00$ 118,862.00$ 119,758.00$ 238,620.00$ 80.00%80.00%80.00%Calculated Measure I portion Total Cash Match Total In-Kind Match TOTAL REVENUES City of Grand Terrace Senior Transportation Program Total Salaries & Benefits Total Non-Personnel Expenses Administrative Overhead (calculated at 3%) TOTAL PROJECT EXPENSES G.7.d Packet Pg. 191 Attachment: Funding Agreement City of Grand Terrace 2021-1 (Funding Agreement Between Omnitrans and the City of Grand Terrace) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Approval of an Oath of Office, Acceptable Code of Conduct, and Censure Policy to be Applicable to the City Council and All Commissions/Committees PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Approve the proposed Oath of Office, Acceptable Code of Conduct and Censure Policy (proposed to be applicable to the City Council and all Commissions/Committees) and direct the City Attorney to integrate the same into the City Council Policies and Procedures. 2030 VISION STATEMENT: This staff report supports City Council Goal #5, “Engaging in Proactive Communication” by establishing policies and procedures for meetings of the City Council to promote community participation and promoting orderly meetings. BACKGROUND: At the January 21, 2021, Special Meeting, the City Council created a subcommittee consisting of Mayor Pro Tem Hussey and Council Member Wilson (“Subcommittee”) to work on Standards for Office. The City Council further assign ed the City Attorney to work with the Subcommittee to draft a City Council censure policy. On February 2, 2021, the City Manager met with the Subcommittee. The Subcommittee prepared an initial draft of a censure policy, which was subsequently provided to the City Attorney. On February 22, 2021, the City Attorney met with the Subcommittee to discuss their additional comments to the draft censure policy. The City Attorney incorporated these additional comments into the draft censure policy. The proposed censure policy, as approved by the Subcommittee, is attached to this report. DISCUSSION: Oath of Office and Acceptable Code of Conduct The attached proposal sets forth an “Oath of Office” based upon Section 3 of Article XX of the California Constitution. The proposal also includes an “Acceptable Code of Conduct”, which includes requirements such as maintaining an impartial and open mind throughout the process; G.8 Packet Pg. 192 exercising common courtesy and decorum to fellow officeholders, staff, and the public; fostering participation in the process, facilitating discussion, and promoting good decision making; and compliance with the laws of Grand Terrace. Censure Policy The Censure Policy sets forth the process by which a Council Member may be censured as follows: 1. Prior to censure, a Council Member is given an opportunity to take corrective action, if it can be reasonably corrected. 2. Only a sitting Council Member may initiate censure by filing a “Statement of Charges”, which must be served upon the charged Council Member, the City Clerk, and other Council Members. The Statement of Charges must be filed at least 10 days prior to the meeting at which a motion for censure will be made/considered. 3. The charged Council Member may respond in writing within 7 days of delivery of the Statement of Charges by providing a written response to the charging Council Member, the City Clerk, and other City Council Members. The charged Council Member may also choose to verbally respond at the censure hearing and may also respond both verbally at the censure hearing and in writing. 4. The motion for censure will be considered at a hearing conducted at the first regular meeting 10 days after the Statement of Charges is served upon the charged Council Member and the City Clerk. The hearing proc ess is as follows: (a) charging Council Member presents the Statement of Charges and witnesses/evidence; (b) charged Council Member rebuts and presents witnesses/evidence; (c) members of the public may address/comment on the Statement of Charges and witnesses/evidence presented; (d) the remaining City Council Members may address the charges; and the City Council deliberates on the motion for censure and votes on the same. 5. Motion for censure requires a majority vote of City Council in open session to pass. 6. If the motion for censure fails, then no new motion on the same grounds may be commenced against the same City Council Member for a 1 -year period. 7. If the motion for censure passes, then the motion and the Statement of Charges are part of the public record and record of proceedings. Both are subject to disclosure pursuant to the California Public Records Act. The proposed Censure Policy further sets forth the grounds for censure such as the following: (a) serial unexcused absences of 3 or more from regula r City Council meetings; (b) violating federal, State, or local laws, rules, regulations, or ordinances G.8 Packet Pg. 193 (including conflicts of interest laws); and (c) violation of the Acceptable Code of Conduct or the Oath of Office. In addition, the proposed Censure Pol icy outlines the way a City Council Member may be removed from office under State law. Applicability The Oath of Office, Acceptable Code of Conduct, and the Censure Policy would apply to the City Council and to all commissions and committees appointed by the City Council. Copies of the policy would be provided to all existing and future members of commissions and committees. Recommendation Based upon the forgoing, the City Council is recommended to approve the attached Oath of Office, Acceptable Code of Conduct, and Censure Policy and direct the City Attorney to integrate the same into the City Council Policies and Procedures. The updated City Council Policies and Procedures will be brought back to the City Council for final adoption, which will include all the revisions discussed at the City Council’s special meetings on this subject. FISCAL IMPACT: None. ATTACHMENTS: • Draft Censure Policy (PDF) APPROVALS: City Attorney Completed 03/15/2021 5:42 PM Finance Completed 03/17/2021 12:21 PM City Manager Completed 03/18/2021 12:30 PM City Council Pending 03/09/2021 6:00 PM G.8 Packet Pg. 194 01247.0001/697709.6 RK 1 SECTION X. ENFORCEMENT X.1 Enforcement In order for the public to maintain a reasonable modicum of reliance upon the rules and regulations of a civil administration whose purpose it is to provide necessary services and protect the freedom of the governed, it is necessary for elected and appointed representatives to conduct the public business in accordance with established oaths, protocols, standards, policies, rules, resolutions, and laws. While ordered discussion and debate is a necessary product of communication between the public and their representatives to ensure the needs of the community are properly served, no real purpose may be served in an atmosphere of chaos. Therefore, the violation of civil administration, albeit the nature of which is largely self-enforced, must carry certain consequences to remind parties that disorder contravenes progress and the fruit that proper behavioral procedure yields. For the purposes of this Section X, the following definitions apply unless context dictates otherwise: “Legislative Body” shall mean the City Council, its boards, commissions, and committees as applicable. “Member” shall mean a member of the Legislative Body as applicable. X.2 Oath of Office Tradition dictates the espousal of certain conventions that bear historical and moral significance in the hearts of generations. Oaths are intended to impress upon the mind of the swearer a sense of gravity appurtenant to vesting oneself in selfless service for the benefit of others. The following Oath of Office is consistent with that provided under Article XX of the California Constitution and is in similar form to that which has been voiced since the First United States Congress of 1789 and fulfills the spirit of Article VI of the United States Constitution and the Judiciary Act of 1789. “I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter, so help me God.” The phrase “so help me God” in the above shall be optional. Failure to state the phrase “so help me God” shall not affect an individual’s ability to hold office. X.3 Acceptable Code of Conduct Incident to the Oath of Office is an Acceptable Code of Conduct, because to simply swear to defend is insufficient. A Member cannot be responsible for that which he or she is not aware. Cohesive conduct and order among Members are necessary elements of parliamentary procedure when conducting public business. When conducting business under color of authority, or G.8.a Packet Pg. 195 Attachment: Draft Censure Policy (Oath of Office, Acceptable Code of Conduct & Censure Policy) 01247.0001/697709.6 RK 2 representing their Legislative Body in general, Members shall comply with the Acceptable Code of Conduct which requires Members to do the following: 1. Read and examine the agenda, agenda packet materials, appurtenant reference documents, and exhibits in preparation for the public meeting. 2. Respect the order of the agenda and meeting format. 3. Perform to the best of my ability to represent the interests of his or her constituents. 4. Maintain an impartial and open mind throughout the process. 5. Recuse himself or herself in the event of conflicts of interest. 6. Contribute his or her best effort to maintain order and foster trust. 7. Speak in restrained tones to encourage civility. 8. Address a topic only when granted the floor by the Chair. 9. Restrict his or her comments to the subject at hand. 10. Avoid discussion on topics that have not been noticed on the agenda. 11. Exercise common courtesy and decorum when dealing with fellow Members, City staff, and the general public. 12. Avoid bullying, pursing personal attacks, engaging in character assassination, or indulging in verbal insults against his or her colleagues, staff or the public. 13. Support freedom of expression that is absent disruptive intent. 14. Attend all necessary meetings and workshops. 15. Provide proper advance notice in the event of an emergency that might affect his or her ability to attend meetings. 16. Foster participation in the process, facilitate discussion, and promote good decision making. 17. Form a basic understanding of correct parliamentary procedure and operate subject to the premise that the majority rules. 18. Proceed efficiently, fairly, and effectively. 19. Respect the chain of authority and refuse to circumvent the City Manager. 20. Comply with all laws, including the laws of the City of Grand Terrace. X.4 Censure of Legislative Body Members A. General A violation of any condition of office as specified within the Oath of Office, the Acceptable Code of Conduct, or established protocols, standards, policies, rules, resolutions, and laws, by any sitting Member, shall constitute grounds for progressively stronger admonishment, ultimately leading to public censure by the City Council and/or his or her Legislative Body. However, it should be noted that the aim of admonishment is not punitive. The aim of admonishment is to enable good people to pause and reflect. Therefore, a Member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation if it can reasonably be corrected. For the purposes of participation in local governance, one must assume the best in each other, and a common G.8.a Packet Pg. 196 Attachment: Draft Censure Policy (Oath of Office, Acceptable Code of Conduct & Censure Policy) 01247.0001/697709.6 RK 3 foundation constitutes the best path to civil and productive discourse. In order to model unity, as well as civility, Members should treat each other and members of the public with dignity and respect. B. Who May file a Statement of Charges A sitting Member may initiate corrective action regarding the behavior of a fellow sitting Member by means of a written “Statement of Charges”, voted on by a majority of a Legislative Body, and the adoption of a motion for censure setting forth the basis thereof. For example, a sitting City Council member may initiate corrective action against a fellow sitting City Council member. Furthermore, a sitting City Council member may initiate corrective action by means of the “Statement of Charges” against any sitting member of any City board, commission, or committee. For example, a sitting City Council member may initiate corrective action against a sitting member of the City’s Planning Commission/Site and Architectural Review Board. However, members of City boards, commissions, or committees may not initiate any corrective action pursuant to this Section X against any City Council members, because such boards, commission, and committees are subordinate to the City Council. C. Censure Procedure To initiate the process, a Statement of Charges shall be delivered by the charging Member to the charged Member, with a conformed copy delivered concurrently to the City Clerk and other Members. The charging Member shall also concurrently provide a proof of service of the Statement of Charges to the charged Member, the City Clerk, and other Members. A proper Statement of Charges shall be served a minimum of 10 days prior to the meeting when the motion for censure shall be made, and shall include: 1. The specifics of the violation (including the rule, regulation, law, etc. that was violated), and 2. A statement of the date, place, and time of the occurrence, and 3. A description of the unsatisfactory behavior. The charged Member may respond to the Statement of Charges in writing within seven (7) days after delivery of the Statement of Charges by delivering it to the charging Member, with a conformed copy delivered concurrently to the City Clerk and other Members. The charged Member shall also concurrently provide a proof of service of the Response to Statement of Charges to the charging Member, City Clerk, and other Members. The charged Member may also choose to defer a written response in favor of a verbal response at the hearing on the motion for censure. Nothing herein shall prevent a charged Member to respond both in writing and at the hearing on the motion for censure. The motion for censure shall be heard at the first regular meeting ten (10) days after the Statement of Charges is served upon the charged Member and City Clerk. A continuance is allowed only if any Member is absent. The hearing shall adhere to the following the general process: G.8.a Packet Pg. 197 Attachment: Draft Censure Policy (Oath of Office, Acceptable Code of Conduct & Censure Policy) 01247.0001/697709.6 RK 4 • The Chair (or, if absent or is the charged Member, then the Vice Chair) shall conduct the hearing in open session. • The charging Member shall read the Statement of Charges and may present witnesses and evidence. • The charged Member may rebut and may present witnesses and evidence. • Members of the public may address/comment on the Statement of Charges and any witnesses and evidence presented. • The remaining Members may address the charges. • The Legislative Body deliberates on the motion for censure and votes on the same. Motion for censure passage requires a majority vote of the applicable Legislative Body in open session. If the Statement of Charges includes multiple charges, then the Legislative Body may consider and vote upon each charge individually. If the motion for censure or a particular charge fails to obtain a majority vote, no new motion on the same grounds may be commenced against the same Member for a period of one (1) year. If the motion for censure passes, then the motion for censure and Statement of Charges shall become a part of the public record and record of proceedings. The motion for censure and Statement of Charges shall be disclosable pursuant to the California Public Records Act. When evaluating a request for defense or indemnification made by a censured Member in litigation arising from the censured conduct, the record of the censure shall be considered by the City Council but shall not be determinative. Failure of the City Council or applicable Legislative Body to censure the conduct of a Member does not constitute waiver of the City Council’s right to refuse to indemnify or defend the Member in an action. D. Grounds for Censure The basis for a motion of censure may include, but are not limited to, the following acts by a Member: 1. Serial unexcused absences of three or more from his or her regular Legislative Body meetings. 2. Violating laws and regulations relating to conflicts of interest. 3. Actions taken against established Legislative Body policy or the Grand Terrace 2030 Vision 4. Unlawful Harassment. 5. Unlawfully creating a hostile work environment. 6. Any violation of federal, State, or local laws, rules, regulations, or ordinances, including applicable laws relating to conflict of interest and any City laws, rules, regulations, or ordinances. G.8.a Packet Pg. 198 Attachment: Draft Censure Policy (Oath of Office, Acceptable Code of Conduct & Censure Policy) 01247.0001/697709.6 RK 5 7. Violation of the Acceptable Code of Conduct or the Oath of Office. X.5. Removal from Office A. City Council While City Council members may censure one another as provided above, the City Council may not remove a sitting Council Member from office. State law provides the sole mechanisms for removal from office for City Council members. These include: • A Recall Petition submitted by members of the public pursuant to Cal Const . Art II, §19 and Elections Code Sections 11000-11386. • The seat becomes vacant pursuant to Government Code Section 1770. • Quo Warranto proceedings pursuant to Code of Civil Procedure Section 803 brought or authorized by the Attorney General to challenge the right to hold a particular office (this can work in tandem with Government Code Section 1770). • Removal proceedings pursuant to Government Code Section 3060 for certain kinds of misconduct (initiated by grand jury/district attorney). B. Appointed Members of City Boards, Commissions, and Committees Members of City boards, commissions, and committees who are appointed by the City Council serve at the pleasure of the City Council and may be removed at any time, with or without cause , by the City Council. The City Council may use any of the Grounds for Censure (including violations of the Acceptable Code of Conduct) set forth above as a basis for removal with cause. G.8.a Packet Pg. 199 Attachment: Draft Censure Policy (Oath of Office, Acceptable Code of Conduct & Censure Policy) AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Transient Occupancy Tax Ballot Measure Discussion and Filing Deadlines PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Provide direction to staff on whether to return to the City Council with a Transient Occupancy Tax (“TOT”) Ballot Measure and related documents for further consideration on whether to place such a measure before the voters. 2030 VISION STATEMENT: This staff report supports Our Core Values of Open and Inclusive Government and Engage in Proactive Communication. BACKGROUND: On June 9, 2020, the City Council held its regularly scheduled meeting and during discussion on Agenda Item No. J.1. Requests for Future Agenda Items by City Council, Council Member Jeff Allen asked staff to return to Council with a proposal for a Transient Occupancy Tax ballot measure and the steps with which to proceed. The item was briefly introduced and approved by the Council 4-1 to be brought back for discussion. DISCUSSION: The City Council may propose the transient occupancy tax (“TOT”) as a general tax, which allows the revenue to be spent for any lawful purpose of the City . General tax measures must be placed on the ballot of a general municipal election (i.e., an election in which council members are also on the ballot) by a 2/3 vote of the City Council. However, Article XIIIC, Section 2(b) of the California Constitution states that a general tax measure can be placed on the ballot of a special municipal election if the City Council unanimously declares that an emergency (e.g., fiscal) exists. Approval of such a general tax requires a majority voter approval. Alternatively, a special tax, in which the revenues can only be used for a specific purpose, may be proposed at any election date pursuant to Elections Code Section 1000 without the need to declare an emergency , provided that the City Council approves submission thereof by a majority vote after a noticed public hearing . Adoption would then require 2/3 voter approval. The public may also seek to qualify a voter-sponsored initiative for a TOT Ballot G.9 Packet Pg. 200 Measure either as a general or special tax pursuant to the Elections Code. A voter - initiative general tax would require a majority voter approval to pass. On the other hand, courts have ruled that a voter-initiative special tax only requires a majority voter approval to pass, but this issue has been appealed to the California Supreme Court. As of this writing, the Supreme Court has not granted review. Staff contacted the County of San Bernardino Registrar of Voters and identified November 2, 2021, as the next San Bernardino County Municipal Election that the City could consolidate with for submission of a TOT Ballot Measure . This will be a special municipal election for the City. As mentioned above, submission of the TOT to the City’s voters on November 2, 2021, as a general tax would require the City Council to declare an emergency pursuant to Article XIIIC, Section 2(b) of the California Constitution and adopt election resolutions (e.g., calling the special election, submitting the TOT to the voters, authorizing the drafting of direct arguments, an impartial analysis, and rebuttal arguments). Alternatively, the City Council may submit the TOT at the City’s next general municipal election, which will not occur until November 8, 2022. Further, the City Council may also submit the TOT as a special tax on November 2, 2021, without declaring a fiscal emergency, provided that it do so after a noticed public hearing. On February 23, 2021, staff contacted the San Bernardino County Registrar of Voters office to request an Election Cost Estimate for an Odd -Year Polling Place Election. Unfortunately, after numerous requests, staff has been unable to secure a response. Consolidated election costs are typically shared between the local agencies that are consolidating with the county. However, the County of San Bernardino had three agencies that held its elections in odd-numbered years. As of January 2021, those three agencies successfully switched those elections to be held in even-numbered years. Therefore, an agency holding a special election would bear the brunt of the entire cost as there are no other agencies to share in the cost. If Council would like to participate in an Odd-Year Polling Place Election, that election would take place on November 2, 2021. Without the cost estimate from the San Bernardino County Registrar of Voters’ office, the City Clerk’s office estimates the cost for an Odd-Year Polling Place Ballot Election for a ballot measure only would be approximately $30,000 - $50,000.** DATE DESCRIPTION June 25, 2021 Council to Adopt Resolutions Calling Election (Ballot Measure) June 28, 2021 – July 12, 2021 Notice of Election Publication Period June 28, 2021 – October 26, 2021 Notice of Measure Publication Period July 19, 2021 Impartial Analysis submission deadline July 19, 2021 Argument submission deadline July 23, 2021 Rebuttal submission deadline July 29, 2021 End of 10-day public examination period for Arguments G.9 Packet Pg. 201 August 2, 2021 End of 10-day public examination period for Rebuttals August 6, 2021 Deadline to Submit Ordinance/Measure to ROV August 9, 2021 Assignment of Measure Letter August 11, 2021 Deadline to Withdraw Measure November 2, 2021 Election Day **If Council decided to include any additional ballot measures, multiply this dollar amount by the number of additional measures. At this time, it is staff’s recommendation that the City Council provide direction to staff on whether to return to the City Council with a Transient Occupancy Tax (“TOT”) Ballot Measure and related documents for further consideration on whether to place such a measure before the voters. FISCAL IMPACT: If the election is consolidated with the San Bernardino County Election’s office, the cost estimate would be approximately $30,000 to $50,000. Funds will be requested in the FY2021-22 proposed budget. APPROVALS: Debra Thomas Completed 03/18/2021 1:09 PM City Attorney Completed 03/18/2021 1:21 PM Finance Completed 03/18/2021 1:40 PM City Manager Completed 03/18/2021 1:40 PM City Council Pending 03/23/2021 6:00 PM G.9 Packet Pg. 202 AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: Housing Element and Surplus Lands Act Annual Progress Report for the 2020 Calendar Year PRESENTED BY: Steven Weiss, Planning & Development Services Director RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT AND SURPLUS LANDS ACT ANNUAL PROGRESS REPORT FOR THE 2020 CALENDAR YEAR 2030 VISION STATEMENT: A compliant Housing Element supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote Economic Development by providing an internally consistent General Plan. BACKGROUND/DISCUSSION: The City’s current Housing Element covering the 2013-2021 planning period was adopted by the City Council on September 27, 2016 and certified by the Department of Housing and Community Development (HCD) as being in full compliance with state law in 2016. The next update to the Housing Element will be due in 2021 -2022. Government Code Section 65400 requires each city and/or county to prepare and file an Annual Progress Report (APR) describing housing production and the status of Housing Element program implementation. The APR must be prepared using the format established by the Department of Housing and Community Development (HCD), which has been updated to incorporate new requirements pursuant to Chapter 374 Statutes of 2017 (Assembly Bill 879, Planning and Zoning: housing element) and Chapter 366 Statutes of 2017 (Assembly Bill 35, Planning and Zoni ng: affordable housing, streamlined approval process). Attached for City Council review is the APR for calendar year 2020. The report has been prepared in the approved format provided by HCD for annual reporting . Housing Construction The APR contains the total number of units constructed and the progress in implementation of the City’s Housing Programs. As set forth in the APR, a total of 17 new residential homes were completed in 2020. All 17 Certificates of Occupancy were issued for the Crestwood Communities. G.10 Packet Pg. 203 The report still identifies housing units completed by affordability levels, but also reports on housing projects submitted and deemed complete to the Planning Division, the number of units entitled (meaning approved by the City), and the number of u nits that were issued building permits. Each reporting category requires that the affordability of the unit is also identified. Surplus Lands Assembly Bill 1486 adopted October 9, 2019 declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose. The reporting requirements for the APR changed effective January 1, 2021 and now the City must also identify locally owned lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 which for 2020, there were none. Assembly Bill 1255 adopted in October 9, 2019, requires the City to create an inventory of surplus lands pursuant to Government Code Section 54221(b) and all lands in excess of foreseeable needs, if any, pursuant to Government Code Section 50569 that are owned by the City. For 2020. There is one available surplus land, a 0.33 acre Office - Professional property located at 22747 Barton Road with the Barton Road Specific Plan. The APR, including the Surplus Lands reporting requirements, is attached for City Council review and consideration. Staff recommends that the City Council adopt the proposed resolution to receive and accept the APR for calendar year 2020. As part of the resolution, the City Council will also direct staff to forward the report to the State Office of Planning and Research and HCD as required by Government Code Section 65400(a)(2). FISCAL IMPACT: There is no fiscal impact to the General Fund. ATTACHMENTS: • 2020 HCD Reso (DOC) • housing-element-annualprogressreport-2020 (PDF) APPROVALS: Steven Weiss Completed 03/16/2021 11:43 AM City Attorney Completed 03/18/2021 9:49 AM Finance Completed 03/18/2021 11:38 AM G.10 Packet Pg. 204 City Manager Completed 03/18/2021 11:45 AM City Council Pending 03/23/2021 6:00 PM G.10 Packet Pg. 205 Page 1 of 3 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT AND SURPLUS LANDS ACT ANNUAL PROGRESS REPORT FOR THE 2020 CALENDAR YEAR Recitals WHEREAS, California Government Code Section 65400(a)(2) requires each planning agency to provide an annual report to the City Council, the State Office of Planning and Research, and the California Department of Housing and Community Development (HCD) regarding progress toward implementation of the housing element of the general plan; and; WHEREAS, planning staff for the City of Grand Terrace have prepared an annual progress report for the 2020 calendar year, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows: 1. The City Council hereby specifically finds that the facts set forth in the above Recitals are true and correct. 2. The City Council hereby receives and accepts the 2020 Annual Progress Report on the General Plan Housing Element (Housing Element Annual Progress Report Form 2020) and Surplus Lands Act (“Report”) prepared by planning staff as set forth in the corresponding staff report and which is attached hereto as Exhibit “A”. 3. The City Council hereby directs that the Report be forwarded to the State Office of Planning and Research and HCD pursuant to Government Code Section 65400(a)(2). PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 23rd day of March 2021. ________________________________ Darcy McNaboe Mayor G.10.a Packet Pg. 206 Attachment: 2020 HCD Reso [Revision 2] (2020 Housing Element and Surplus Lands Act Annual Report) Page 2 of 3 ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney G.10.a Packet Pg. 207 Attachment: 2020 HCD Reso [Revision 2] (2020 Housing Element and Surplus Lands Act Annual Report) Page 3 of 3 Exhibit “A” 2020 Annual Progress Report on the General Plan Housing Element (Housing Element Annual Progress Report Form 2020) and Surplus Lands Act G.10.a Packet Pg. 208 Attachment: 2020 HCD Reso [Revision 2] (2020 Housing Element and Surplus Lands Act Annual Report) G.10.bPacket Pg. 209Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 210Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 211Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 212Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 213Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 214Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 215Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 216Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 217Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 218Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 219Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 220Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 221Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 222Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 223Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 224Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 225Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 226Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 227Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 228Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 229Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 230Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 231Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 232Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 233Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 234Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 235Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 236Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 237Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and G.10.bPacket Pg. 238Attachment: housing-element-annualprogressreport-2020 [Revision 3] (2020 Housing Element and AGENDA REPORT MEETING DATE: March 23, 2021 Council Item TITLE: An Agreement Between the City of Grand Terrace and J. H. Douglas and Associates for Housing Element Consultant Services for the 2021-2029 Housing Element Preparation PRESENTED BY: Steven Weiss, Planning & Development Services Director RECOMMENDATION: 1. Approve a Professional Services Agreement Between the City of Grand Terrace and J. H. Douglas and Associates for Housing Element Consultant for the 2021-2029 Housing Element Preparation in the amount of $68,950 with a 10% contingency of $6,895; 2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's approval as to form; and 3. Authorize the appropriation of the following funding sources: Local Early Action Planning (LEAP) Grant of $65,000 and General Fund of $3,950. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote Economic Development by having an internally consistent General Plan. BACKGROUND/DISCUSSION: On January 28, 2014, the Grand Terrace City Council adopted the 2014 -2021 (fifth cycle) Grand Terrace Housing Element. The Housing Element is one of seven state mandated components of a General Plan. The State of California Housing and Community Development Department (HCD) reviewed the adopted Element and with the assistance of Mr. John Douglas determined that the Housing Element is compliant with state housing law. To position the City for future grant opportunities (some of which require a compliant Housing Element) a Request for Proposals (RFP) was sent to four consulting firms with expertise in preparing Housing Elements. The scope of work in the RFP includes preparation of the Housing/Safety Elements. Staff is also seeking, separate from this contract, a Regional Early Action Planning (REAP) Grant that will provide additional support from San Bernardino County Transportation Authority (SBCTA) for the City to ensure General Plan Element consistency. The City has also received an SB2 Planning Grant to satisfactorily incorporate necessary amendments to the affordable housing G.11 Packet Pg. 239 implementation measures in the Housing Element, General Plan, and/or related CEQA environmental documentation. Of the four firms that the Housing Element RFP was sent to, one response was received. The responding firm is J.H. Douglas and Associates, represented by Mr. John Douglas. Mr. Douglas has prepared compliant Housing Elements for several local agencies and has previously assisted the City of Grand Terrace. The cost proposal is $68,950, plus a $6 ,895 contingency, which will not be used without prior staff approval. The Housing/Safety Element cost will be mostly covered through an approved Local Early Action Planning (LEAP) Grant (Attachment 1) which the City Council authorized us to pursue. The City subsequently received a grant approval of $65,000. Attached is the proposed Housing Element consultant services contract (Attachment 2) with Mr. Douglas, the acceptance from the California Department of Housing and Community Development (HCD) for Grand Terrace’s approval of a LEAP Grant for $65,000, and City Council Resolution 2020-18 (Attachment 3) authorizing City Staff to pursue the grant. Also, Mr. Douglas has committed to donating 10% of his fees to lo cal charities of the City’s choice. In recent years he has donated $4,100 to area charities - $2,600 to Time for Change Foundation and $1,500 to Habitat for Humanity/San Bernardino County. FISCAL IMPACT: Staff is requesting that city Council authorize the appropriations in the following table for FUND (NEW) ACCOUNT TITLE PROPOSED BUDGET AMOUNT REVENUE APPROPRIATIONS XX LEAP Grant Revenue $65,000 10 General Fund (Transfer to LEAP Fund) $3,950 Total Revenues $68,950 EXPENSE APPROPRIATIONS XX XX-250-000 Professional Services Account $68,950 Total Expense $68,950 ATTACHMENTS: • Attachment 1_20-LEAP-15036 Executed (PDF) • Attachment 2_JHD Contract 3-18-2021 (DOCX) • Attachment 3_Resolution 2020-18 (PDF) G.11 Packet Pg. 240 APPROVALS: Steven Weiss Completed 03/15/2021 4:13 PM City Attorney Completed 03/16/2021 9:48 AM Finance Completed 03/17/2021 6:18 PM City Manager Completed 03/18/2021 11:44 AM City Council Pending 03/23/2021 6:00 PM G.11 Packet Pg. 241 1/11/2021G.11.aPacket Pg. 242Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 243 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 244 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 245 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 246 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 247 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 248 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 249 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 250 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 251 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 252 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 253 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 254 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 255 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 256 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 257 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) G.11.a Packet Pg. 258 Attachment: Attachment 1_20-LEAP-15036 Executed (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and JHD PLANNING, LLC G.11.b Packet Pg. 259 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND JHD PLANNING, LLC This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND JHD PLANNING, LLC” (herein “Agreement”) is made and entered into this ____ day of ________, 2021 by and between the City of Grand Terrace, a California municipal corporation (“City”) and JHD Planning, LLC, a California limited liability company (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest G.11.b Packet Pg. 260 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -3- professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. G.11.b Packet Pg. 261 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Office r to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Eight Thousand Nine Hundred Fifty Dollars ($68,950) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. G.11.b Packet Pg. 262 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -5- 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. G.11.b Packet Pg. 263 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -6- ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: John Douglas Owner G.11.b Packet Pg. 264 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -7- (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees G.11.b Packet Pg. 265 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -8- of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. G.11.b Packet Pg. 266 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -9- (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY G.11.b Packet Pg. 267 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -10- ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: G.11.b Packet Pg. 268 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -11- (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. G.11.b Packet Pg. 269 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -12- ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant G.11.b Packet Pg. 270 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -13- shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District G.11.b Packet Pg. 271 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -14- Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party G.11.b Packet Pg. 272 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -15- of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs G.11.b Packet Pg. 273 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -16- the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. G.11.b Packet Pg. 274 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -17- ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. G.11.b Packet Pg. 275 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 -18- 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] G.11.b Packet Pg. 276 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ G. Harold Duffey, City Manager ATTEST: ____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: JHD Planning, LLC, a California limited liability company ______________________________________ By: __________________________________ Name: John Douglas Title: Owner By: __________________________________ Name: Title: Address: P.O. Box 474 Shaver Lake, CA 93664 Phone: 714-803-2860 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. G.11.b Packet Pg. 277 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized c apacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.11.b Packet Pg. 278 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.11.b Packet Pg. 279 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: 1. Task 1 Housing and Safety Element Assessment 1.1 Evaluation of the Current Housing and Safety Elements. Consultant will review and evaluate the current Housing and Safety Elements, including: A discussion of the effectiveness of the Housing Element programs and policies; a comparison of projected results from the adopted Housing Element to actual accomplishments; a summary of how these results are important to a revision of the Housing Element; an evaluation of existing Housing Element in comparison to current State Housing Law; and an evaluation of existing Safety Element policies for compliance with Assembly Bill 1241 (2012). 1.2 City Document Review. Consultant will review City documents to aid in understanding local conditions and the community’s housing needs, including the current General Plan, previous written communication with the California Department of Housing and Community Development (“HCD”), the Grand Terrace Hazard Mitigation Plan, the General Plan Safety Element Assessment form prepared by the California Department of Forestry and Fire Protection (Cal Fire), and all housing and safety programs and ordinances currently in place. In addition, Consultant will evaluate existing City housing and safety resources and funding mechanisms while identifying key issues. 1.3 Evaluation of Other Necessary General Plan Revisions. Consultant will review other State laws that may affect other elements of the General Plan, including: AB 162 (2007) related to flood hazards and stormwater management; SB 244 (2011) related to disadvantaged communities; SB 379 (2015) related to climate change adaptation; and SB 1000 (2016) related to environmental justice Task 1 Deliverable Tangible Work Products Based on the review Consultant will provide a refined scope of work for City review and approval, as applicable 2. Task 2 2021 Housing Element Analysis Under current State law, the expected due date for adoption of the 6th Housing Element update is October 15, 2021. This task includes the preparation of the preliminary draft 2021 Housing Element document for review by City staff. G.11.b Packet Pg. 280 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-2 It should be noted that significant changes to State housing law have occurred since the preparation of the 5th cycle Housing Element update, and the 6th cycle RHNA allocation is substantially higher than prior cycles; therefore, it is anticipated that land use changes may be required to obtain State certification of the 2021 Housing Element, including rezoning of some parcels for higher-density housing. Consultant will work closely with City staff to identify potential land use changes that would fully accommodate the 6th cycle RHNA allocation. The following analysis will be conducted by Consultant as required by State law: 2.1 Needs Analysis. Consultant will complete the housing needs analysis pursuant to Government Code requirements and coordinate with staff to evaluate housing conditions using State-approved criteria. Where necessary to complete this task, Consultant will analyze current demographic and housing data. This data will be used to prepare the housing needs assessment identifying the following information in accordance with State law: Population, demographic and employment trends; Special housing needs (e.g. large families, seniors, farm workers, homeless, etc.); Housing stock characteristics, including at-risk units, housing conditions and vacancy rates; Housing cost and affordability; and Projected housing needs as assigned in the RHNA. 2.2 Housing Resources and Opportunities. Consultant will identify housing resources, including programmatic, physical, and financial. In addition, Consultant will prepare a Sites Inventory and analysis of the relationship between projected housing needs and the availability of services to potential housing sites. The Housing Sites Inventory will be a critical component of the analysis and the proposed budget assumes that City staff will provide parcel-specific land use data needed for the Sites Inventory, including Assessor Parcel Number, address, parcel size, General Plan and zoning designations, existing land uses and property conditions, infrastructure availability, any significant development constraints, and information regarding development applications or interest expressed by the property owner. The Sites Inventory contained in the current Housing Element provides much of this information, and the budget assumes that City staff will provide information needed to update this inventory with our assistance. G.11.b Packet Pg. 281 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-3 2.3 Housing Constraints. Consultant will identify potential and actual governmental and nongovernmental constraints to housing production. Where constraints exist, Consultant will recommend housing programs to mitigate or remove them, where appropriate and legally possible. 2.4 Housing Goals, Policies, and Quantified Objectives. An updated Housing Plan will be prepared by Consultant based on the existing Housing Element, public input, and the analysis of needs, resources and constraints to formulate an implementation plan with appropriate and implementable housing policies and quantified objectives pursuant to the requirements of State law. Programs will be designed to: ensure that housing opportunities are available for persons in all economic segments; preserve and improve the existing stock of affordable housing, including at-risk units; facilitate development of adequate housing to meet the needs of low- and moderate-income households and accommodate the City’s assigned share of regional housing needs; mitigate governmental constraints to housing production, improvement and/or maintenance; and ensure consistency with other General Plan elements and community goals. Task 2 Deliverable Tangible Work Products Preliminary analysis for internal City review Task 3 SCAG Growth Forecast and RHNA 3.1 Monitor and Advise. Consultant will monitor SCAG’s growth forecast and RHNA process and advise City staff regarding appropriate actions such as comments regarding land use data. The budget assumes that no in-person attendance at SCAG meetings will be necessary and that no RHNA appeals will be filed, although such assistance can be provided on a time-and-materials basis if requested. Task 3 Deliverable Tangible Work Products Monitor SCAG actions and alert City Staff regarding issues that affect Grand Terrace and assist the City in submitting appropriate comments to SCAG to represent the City’s interests Task 4 Safety Element Analysis 4.1 Analysis. Consultant will review the General Plan Safety Element and recommend revisions to City staff based upon current State requirements. Task 4 Deliverable Tangible Work Products Recommended Safety Element revisions for internal City review Task 5 Final Housing and Safety Elements 5.1 Administrative Draft Housing and Safety Elements. Based upon the analysis prepared in the previous tasks, Consultant will prepare Administrative Draft Housing and Safety Elements for City G.11.b Packet Pg. 282 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-4 staff review and comment. City staff comments will then be incorporated within 10 working days of receiving City staff comments. 5.2 Public Review Draft Housing and Safety Elements. Consultant will then prepare Public Review Draft Housing and Safety Elements for City distribution. The Housing Element must be submitted to HCD and the Safety Element must be submitted to the State Board of Forestry and Fire Protection, the California Geological Survey, and the San Bernardino County Fire Department, which provides fire protection services in Grand Terrace. 5.3 Community Meetings and Public Hearings. Consultant will attend two community meetings, two Planning Commission Public Hearings and one City Council public hearing to review the Draft Housing and Safety Elements. Consultant will assist Staff in responding to any public agency comments, including comments from HCD and the Board of Forestry and Fire Protection. Mr. Douglas will provide a presentation at each meeting as directed by the City’s Project Manager. Consultant will also assist City staff in compiling a public notification list of interested parties, assist in preparing public meeting notices, and prepare a draft staff report for each meeting. 5.4 Final Housing and Safety Elements. Consultant will prepare final Housing and Safety Elements, including any changes to the draft Elements required by HCD, the Board of Forestry, and the City, for adoption and transmittal to the State. Consultant will work closely with Staff to ensure that the City meets all applicable deadlines and requirements to the extent feasible. 5.5 Housing Element Certification. Consultant will follow through in facilitating State certification of the Housing Element, including any modifications to the adopted element if required to obtain certification. Task 5 Deliverable Tangible Work Products • Administrative Draft Housing and Safety Elements for review by City staff • Public Review Draft Housing and Safety Elements incorporating staff comments for review by the community, the Planning Commission, the City Council, HCD, Cal Fire and the State Board of Forestry and Fire Protection G.11.b Packet Pg. 283 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-5 • Proposed Final Housing and Safety Elements reflecting any revisions that may be appropriate in response to comments received • Final adopted Housing and Safety Elements • Participation in up to five public meetings or hearings (as provided above), including assistance to City staff in compiling a notification list, preparing meeting notices, a staff report for each meeting, and oral presentations Task 6 Environmental Review Consultant will prepare an Initial Study/Negative Declaration (IS/ND) for the Housing and Safety Element amendments based upon the current CEQA Guidelines. The budget assumes that the IS/ND will be programmatic in nature, that potential impacts of future housing developments will be addressed in subsequent site- specific CEQA reviews, and that no land use changes will be analyzed. No technical studies are anticipated as part of the analysis. If it is determined that land use changes are necessary to demonstrate adequate sites to accommodate the RHNA, a revised scope and budget will be prepared to include those land use amendments, as well as any required housing-related Code amendments (see the optional tasks described below). Based on the nature of required land use amendments, it is possible that more extensive analysis such as an EIR and technical studies may be necessary. Since the Safety Element amendment will primarily involve updating information regarding stormwater and wildland fire hazards, it is not expected to raise any new significant environmental issues. After the close of the public comment period Consultant will prepare draft responses to any comments received as well as revisions to the IS/ND (if necessary) for review by the City. Consultant will also prepare a draft Notice of Intent to Adopt a Negative Declaration (NOI) and Notice of Determination (NOD). The budget assumes that the City will be responsible for filing all CEQA notices, including the NOI and NOD, and payment of any filing fees. As part of this task Consultant will also assist the City in satisfying AB 52 Native American consultation requirements. Task 6 Deliverable Tangible Work Products G.11.b Packet Pg. 284 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-6 • Administrative draft IS/ND for city review • Public review draft IS/ND incorporating staff comments • Final IS/ND including responses to comments • AB 52 consultation assistance Task 7 Project Management and Coordination Consultant will maintain regular contact with City staff via telephone and email. After submittal of the draft and adopted Housing Elements to HCD, Consultant will facilitate coordination between City staff and HCD staff as needed to resolve issues. No in-person meetings with HCD or Cal Fire are anticipated; however, additional in-person meetings can be attended by Consultant on a time-and- materials basis if necessary. Task 7 Deliverable Tangible Work Products • On-going project coordination and status reports via telephone and email • In-person meetings, if necessary, will be attended on a time- and-materials basis, provided the such costs shall not exceed the Contract Sum pursuant to Section 2.1. Optional Task: Housing-Related Zoning Amendments Since the last Housing Element was prepared the State Legislature has adopted several significant changes to housing law. This optional task includes a review of current City zoning regulations for various types of housing, including ADUs and accommodations for persons with disabilities or other special needs, and preparing draft ordinances as necessary in compliance with current State law. Based on SCAG’s RHNA methodology approved by the Regional Council on March 4, 2021, it appears that General Plan land use and zoning amendments may be required in order to demonstrate adequate capacity to accommodate the 6th cycle RHNA allocation. This optional task would include assisting the City in identifying appropriate amendments to the General Plan Land Use Element and zoning regulations to ensure compliance with State housing law and the RHNA allocation. To the extent possible, public hearings to review these amendments can be scheduled concurrently with Housing Element meetings in order to minimize time and cost. Deliverable Tangible Work Products (optional) G.11.b Packet Pg. 285 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 A-7 • Review current zoning regulations related to housing and identify required changes • Prepare draft Code amendments for review by City staff, decision-makers and the public • Identify and prepare land use amendments to ensure adequate capacity to accommodate the 6th cycle RHNA allocation II. In the event that any work product that is subject to review and approval by HCD is not approved by HCD, such work product shall be revised by the Consultant without additional charge to the City until HCD has approved such work product. G.11.b Packet Pg. 286 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Section 1.1 (Scope of Services) is amended in its entirety as follows: In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement and is experienced in performing the work and services contemplated herein. Consultant shall at all times perform all services described herein consistent with the standards generally recognized as being employed by professionals in the same disciplines in the State of California. II. Section 1.4 (Licenses, Permits, Fees and Assessments) is amended in its entirety as follows: Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. III. Sections 1.5 and 1.6 are deleted. IV. Section 2.2 (Method of Compensation) is amended in its entirety as follows: The method of compensation shall be as specified in the Schedule of Compensation in Exhibit “C”. V. Section 2.3 (Reimbursable Expenses) is amended in its entirety as follows: Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings as provided in Exhibit “A”. VI. Section 2.5 (Invoices) is amended in its entirety as follows: Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be G.11.b Packet Pg. 287 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 B-2 detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will pay Consultant within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. VII. Section 5.1 (Insurance Coverages) is amended in its entirety as follows: The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. As applicable, policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for non- owned, and hired autos. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The insurance must be maintained for at least 1 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 1-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. G.11.b Packet Pg. 288 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 B-3 (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. VIII. Section 5.2 (General Insurance Requirements) is amended in its entirety as follows: The General Liability policy of insurance shall be primary insurance and shall name the City, its elected and appointed officers, and employees as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. The General Liability policy of insurance shall provide that said insurance may not be cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The General Liability certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ G.11.b Packet Pg. 289 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 B-4 Consultant Initials Any deductibles or self-insured retentions must be declared to and approved by City. Except as provided in Section 5.3 (Indemnification), the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. IX. Section 5.3 (Indemnification) is replaced in its entirety as follows: Consultant shall indemnify City, its officials, officers, employees, and representatives for losses to the extent cause by Consultant’s negligence or willful misconduct in Consultant’s performance of the Scope of Work of this Agreement, to the extent such losses are covered by Consultant’s insurance. Consultant has no duty to defend City in connection with this indemnification. However, to the extent that City’s losses are finally determined by a court to be caused by Consultant’s negligence or willful misconduct, Consultant shall reimburse City for such losses, including reasonable defense costs, proportionate to Consultant’s comparative fault as determined by the court. Consultant’s liability for such losses, including defense costs, shall be cumulatively limited to the amount of Consultant’s available insurance coverage. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify Cit y hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. X. Section 5.4 (Sufficiency of Insurer) is amended in its entirety as follows: Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. XI. Section 6.2 is deleted. XII. Section 6.4(c) is deleted. XIII. Section 7.3 is deleted. G.11.b Packet Pg. 290 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 B-5 XIV. Section 7.7 (Termination Prior to Expiration of Term) is amended in its entirety as follows: This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract, with or without cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. XV. Section 7.8 (Termination for Default of Consultant) is amended in its entirety as follows: If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise. XVI. Section 8.4 (Unauthorized Aliens) is amended in its entirety as follows: Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. G.11.b Packet Pg. 291 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the Services at the rates provided in Exhibit “C-1”. II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $68,950 as provided in Section 2.1 of this Agreement. V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. G.11.b Packet Pg. 292 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 C-2 EXHIBIT “C-1” Task Description JD* Hours WP** Hours Total Hours Cost 1 Housing and Safety Element Assessment 60 60 $9,000 2 2021 Housing Element Analysis 160 160 $24,000 3 SCAG Growth Forecast and RHNA 16 16 $2,400 4 Safety Element Analysis 20 20 $3,000 5 Final Housing and Safety Elements 60 10 70 $9,650 Public Meetings (5 total) 80 80 $12,000 6 Environmental Review 40 40 $6,000 7 Project Management and Coordination 16 16 $2,400 Optional Task: Housing- Related Zoning Amendments City shall compensate Consultant for this Optional Task on a time and materials basis, provided that such costs shall not exceed the Contract Sum as provided in Section 2.1. Total Labor 452 462 $68,450 Hourly Rate $150 $65 Reimbursable Expenses (See table below) $500 Total Labor + Expenses $68,950 *JD = John Douglas , AICP, Principal **WP = Graphics/word processing Reimbursable Expenses Travel/mileage No Charge Postage/deliveries/printing/supplies $500 Total $500 G.11.b Packet Pg. 293 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) 01247.0005/650075.14 3/18/2021 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. G.11.b Packet Pg. 294 Attachment: Attachment 2_JHD Contract 3-18-2021 (Professional Services Agreement for the 2021-2029 Housing Element) RESOLUTION NO. 2020-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, pursuant to Health and Safety Code 50515 et seq., the Department of Housing and Community Development (Department) is authorized to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Local Early Action Planning Grants program or LEAP); and WHEREAS, the City Council of the City of Grand Terrace desires to submit a LEAP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 in the amount of$119,040,000 for assistance to all California Jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE RESOLVES AS FOLLOWS: SECTION 1. The City Manager is hereby authorized and directed to apply for and submit to the Department the Application package on behalf of the City of Grand Terrace Applicant"). SECTION 2. In connection with the LEAP grant, if the Application is approved by the Department, the City Manager of the City of Grand Terrace is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of$65,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto. SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement.Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the CC Reso No. 2020-18 Page 1 of 2 June 9, 2020 he environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.SECTION 12. This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.CC Reso No. 2020-17 Page 2 of 3 June 9, 2020 G.11.c Packet Pg. 295 Attachment: Attachment 3_Resolution 2020-18 (Professional Services Agreement for the 2021-2029 Housing Element) Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 9th day of June 2020. Dar Mc ayor ATTEST: - ACO.A.L,0 ebra L. Thomas City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney CC Reso No. 2020-18 Page 2 of 2 June 9, 2020 ABSENT: None.ABSTAIN: None.Executed this 10th day of June 2020, at Grand Terrace, California.Deb aL. Thomas City Clerk G.11.c Packet Pg. 296 Attachment: Attachment 3_Resolution 2020-18 (Professional Services Agreement for the 2021-2029 Housing Element) 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 Resolution, being Resolution No. 2020-18 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 9th day of June 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tem Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 10th day of June 2020, at Grand Terrace, California. Debra L. Thomas City Clerk G.11.c Packet Pg. 297 Attachment: Attachment 3_Resolution 2020-18 (Professional Services Agreement for the 2021-2029 Housing Element) FUNDING AGREEMENT between the City of Grand Terrace and Omnitrans, and Related POSITION SUMMARY and BUDGET APPROPRIATION Adjustments CITY OF GRAND TERRACE 2030 VISION This project supports Goal #4 –Develop and implement successful partnerships by working with a regional agency to secure funding for programs and projects that benefit seniors in our community. BACKGROUND On December 16, 2015, the City entered into a 3-year partnership with Valley Transportation Services (VTrans) to start the City’s Senior Transportation Program. On August 1, 2016, VTrans assigned & transferred all rights of its agreement with the City to OmniTrans which was designated as the new Consolidated Transportation Services Agency (CTSA) for the San Bernardino Valley. BACKGROUND On December 11, 2018, the City and OmniTrans entered into a 2-year funding agreement to continue funding the City’s Senior Transportation Program through the use of Senior/Disabled Measure “I” funds. The City’s General Fund contributes $10,000 annually while the City’s Air Quality Management District (AQMD) Fund contributes $5,000 annually. DISCUSSION Omnitrans’ Measure “I” Regional Mobility Partnership (RMP) program provides funding to support the development & sustainability of programs that provide transportation services to seniors and individuals with disabilities throughout the San Bernardino Valley. In June-2020, Omnitrans distributed a Measure “I” Call for Projects to agencies with transportation programs that support seniors and individuals with disabilities in SB Valley. DISCUSSION The Call for Projects covered a 2-year period from January-2021 to December-2022 with approximately $2.75m available each year. Applicants may request 2 years of funding per project with a maximum capital and/or operating grant request of $250,000 per year. CITY PROPOSAL & GRANT AWARD The City submitted a proposal & received funding for the following: 1.Lease of two (2) electric vehicles and installation of two (2) charging stations; 2.The increase of the existing Bus Driver position from a 35-hour work week to 40-hour work week and the addition of a part-time Bus Driver. CAPITAL EXPENSES EXPENSES Jan '21 – Dec '21 Jan '22 – Dec '22 TOTAL LEASE VIA GREEN COMMUTER A. Two (2) Electric Vehicle Star ADA Rear Lift (14-Passenger + Wheelchair) Vehicles 45,600.00 45,600.00 91,200.00 B. Two (2) Electric Vehicle Charging Stations (DC#3)52,000.00 -52,000.00 TOTAL PROJECT EXPENSES 97,600.00 45,600.00 143,200.00 REVENUES City Match (Cash) A. General Fund (10%)9,760.00 4,560.00 14,320.00 Total Cash Match 9,760.00 4,560.00 14,320.00 Measure I Request 87,840.00 41,040.00 128,880.00 TOTAL REVENUES 97,600.00 45,600.00 143,200.00 Calculated Measure I portion 90.00%90.00%90.00% OPERATING EXPENSES EXPENSES Jan '21 –Dec '21 Jan '22 –Dec '22 TOTAL A. One (1) Bus Driver position: 40-hr week 62,400.00 65,520.00 127,920.00 B. One (1) Bus Driver position: 20-hr week 31,200.00 32,760.00 63,960.00 C. Program Support 10,000.00 10,000.00 20,000.00 D. Fuel, cost to charge vehicles, supplies, etc.11,800.00 7,990.00 19,790.00 E. Overhead (3%)3,462.00 3,488.00 6,950.00 TOTAL PROJECT EXPENSES 118,862.00 119,758.00 238,620.00 REVENUES City Match (Cash) A. General Fund 8,770.00 8,770.00 17,540.00 B. Donations, AQMD Fund 5,000.00 5,180.00 10,180.00 Total Cash Match 13,770.00 13,950.00 27,720.00 City Match (In-Kind) A. Program Support 10,000.00 10,000.00 20,000.00 Total In-Kind Match 10,000.00 10,000.00 20,000.00 Measure I Request 95,092.00 95,808.00 190,900.00 TOTAL REVENUES 118,862.00 119,758.00 238,620.00 Calculated Measure I portion 80.00%80.00%80.00% PROPOSED APPROPRIATIONS Fund Description Amount REVENUES Senior Bus Fund (65) Omnitrans Measure I $69,920 General Fund (10) General Fund transfer to Fund 65 $4,880 TOTAL REVENUES $74,800 EXPENSES Fund 65 Lease of Vehicles / Equipment $22,800 Fund 65 Installation of Electric Vehicle Charging Stations $52,000 TOTAL EXPENDITURES $74,800 Fund Description Amount REVENUES Senior Bus (65)Omnitrans Measure I $47,545 General Fund (10) General Fund transfer to Fund 65 $4,385 AQMD Fund (15) AQMD Fund transfer to Fund 65 $2,500 TOTAL REVENUES $54,430 EXPENSES Fund 65 Salaries $31,200 Fund 65 Benefits $15,600 Fund 65 Fuel, supplies, vehicle charging costs, etc.7,630 TOTAL EXPENDITURES $54,430 Capital Expense Operating Expense RECOMMENDATON Staff recommends that City Council approve the following: 1.Funding agreement between the City & Omnitrans; 2.Authorize the City Manager to execute the contract; 3.Approve the adjustments to the City’s Position Summary: a)Increase the existing Bus Driver position hours from 35 hours per week to 40 hours per week; b)Approve the addition of a part-time Bus Driver-20-hr week 4.Approve related appropriations. QUESTIONS Transient Occupancy Tax Ballot Measure Discussion and Filing Deadlines City of Grand Terrace 2030 VISION STATEMENT •This staff report supports our Core Values of Open and Inclusive Government; and •Goal #5 –Engage in Proactive Communication BACKGROUND •On June 9,2020,proposed a Request foraFutureAgendaItemtoreturntoCouncilwithaproposalforaTransientOccupancyTaxBallotMeasure. •The item was introduced and approvedbytheCouncil4-1 to be brought backfordiscussion. DISCUSSION •City Council may propose a Transient OccupancyTax(“TOT”)as a general tax which allows therevenuetobespentforanylawfulpurposeoftheCity.General tax measure must be placedontheballotofageneralmunicipalelectionbya2/3 vote of the City Council.However,theCaliforniaConstitutionstatesthatageneraltaxmeasurecanbeplacedontheballotofaspecialmunicipalelectioniftheCityCouncilunanimouslydeclaresthatanemergencyexists.Approval of such a general tax requires amajorityvoterapproval. DISCUSSION •Alternatively,a special tax,in which therevenuescanonlybeusedforaspecificpurposemaybeproposedatanyelectiondatepursuanttotheElectionsCodewithouttheneedtodeclareanemergency,provided that Councilapprovessubmissionbyamajorityvoteafteranoticedpublichearing.Adoptionwouldthenrequire2/3 voter approval. DISCUSSION •The public may also seek to qualify a voter-sponsored initiative for a TOT Ballot MeasureeitherasageneralorspecialtaxpursuanttotheElectionsCode.A voter-initiative general taxwouldrequireamajorityvoterapprovaltopass. •Courts have ruled that a voter-initiative specialtaxonlyrequiresamajorityvoterapprovaltopasshowevertheSupremeCourthasnotgrantedreviewasofthisdate. DISCUSSION •Staff contacted the County of SanBernardinoRegistrarofVotersandidentifiedNovember2,2021 as the nextmunicipalelectiondatethattheCitycanconsolidatewithforsubmissionofaTOTBallotMeasure.This date would require aspecialelectionasthenextgeneralelectiondatewillnotoccuruntilNovember8,2022. DISCUSSION •If Council would like to participate in an Odd-Year Polling Place Election,that election wouldtakeplaceonNovember2,2021. •Unfortunately,staff was unable to acquire a costestimatefromtheCountyElectionsOfficethereforetheCityClerk’s estimate for a ballotmeasureelectiononlywouldbeapproximately$30,000 -$50,000 (with an emphasis on thehigherdollaramount). DISCUSSION •The following deadlines have been identified to file the required documentation to conduct the special election: DATE DESCRIPTION June 25, 2021 Council to Adopt Resolutions Calling Election (Ballot Measure) June 28, 2021 –July 12, 2021 Notice of Election Publication Period June 28, 2021 –October 26, 2021 Notice of Measure Publication Period July 19, 2021 Impartial Analysis submission deadline July 19, 2021 Argument submission deadline July 23, 2021 Rebuttal submission deadline July 29, 2021 End of 10-day public examination period for Arguments August 2, 2021 End of 10-day public examination period for Rebuttals August 6, 2021 Deadline to Submit Ordinance/Measure to ROV August 9, 2021 Assignment of Measure Letter August 11, 2021 Deadline to Withdraw Measure November 2, 2021 Election Day FISCAL IMPACT •If the election is consolidated with the SanBernardinoCountyElection’s office,the costestimatewouldbeapproximately$30,000 to$50,000.Funds will be requested in the FY2021-22 proposed budget. RECOMMENDATION •It is staff’s recommendation that the CityCouncilprovidedirectiontostaffonwhethertoreturntotheCityCouncilwithaTransientOccupancyTax(“TOT”)Ballot Measure and related documentsforfurtherconsiderationonwhethertoplacesuchameasurebeforethevoters. QUESTIONS Planning Commission 2020 Housing Element and Surplus Lands Act Annual Report March 23, 2021 2030 VISION Goal #1 & Goal #3 Ensuring Fiscal Viability and, Promote Economic Development by having an internally consistent General Plan. Background Government Code Section 65400 requires each city and/or county to prepare and file an Annual Progress Report (APR)describing housing production and the status of Housing Element program implementation. Housing Construction The APR contains the total number of units constructed and the progress in implementation of the City’s Housing Programs.As set forth in the APR,a total of 17 new residential homes were completed in 2020. All 17 Certificates of Occupancy were issued for the Crestwood Communities. The report still identifies housing units completed by affordability levels, but also reports on housing projects submitted and deemed complete to the Planning Division,the number of units entitled (meaning approved by the City),and the number of units that were issued building permits. Each reporting category requires that the affordability of the unit is also identified. Surplus Lands Assembly Bill 1486 adopted October 9,2019 declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land,prior to disposition,should be made available for that purpose.The reporting requirements for the APR changed effective January 1,2021 and now the City must also identify locally owned lands included in the Housing Element Sites Inventory that have been sold,leased,or otherwise disposed of,pursuant to Government Code section 65400.1. Surplus Lands Assembly Bill 1255 adopted in October 9,2019,requires the City to create an inventory of surplus lands pursuant to Government Code Section 54221(b)and all lands in excess of foreseeable needs,if any, pursuant to Government Code Section 50569 that are owned by the City.For 2020.There is one available surplus land,a 0.33 acre Office- Professional property located at 22747 Barton Road within the Barton Road Specific Plan. Recommendation The APR,including the Surplus Lands reporting requirements,is attached for City Council review and consideration.Staff recommends that the City Council adopt the proposed resolution to receive and accept the APR for calendar year 2020.As part of the resolution,the City Council will also direct staff to forward the report to the State Office of Planning and Research and HCD as required by Government Code Section 65400(a)(2). Planning Commission 2020 Housing Element and Surplus Lands Act Annual Report March 23, 2021 Planning Commission Professional Services Agreement for the Preparation of the 2021-2029 Housing Element March 23, 2021 2030 VISION Goal #1 & Goal #3 •Ensuring Fiscal Viability •Promote Economic Development by having an internally consistent General Plan Background California State law requires that the City update the Housing Element every eight years.These frequent updates are required because housing is critical to ensure economic prosperity and quality of life State law requires the adoption of the Housing Element by October 2021 but provides a 120-day grace period to comply.Non-compliance with State Housing Element law could result in fines and loss of sources of funding currently provided by the State What is RHNA? RHNA stands for “Regional Housing Needs Assessment.”Every eight years,the State of California provides the number of housing units that should be accommodated in the Southern California Association of Governments (SCAG)five (5)counties region.SCAG allocates RHNA contributions to the respective counties (San Bernardino,Riverside, Orange,Ventura,Los Angeles)and incorporated cities As a part of the Housing Element Update,the City must demonstrate to the State that there is available capacity for accommodating the County’s RHNA contribution.For the 2021-2029 planning cycle,the City received the allocation below: City of Grand Terrace 2021-2029 RHNA Allocation Income Level Income Level Very Low 189 Low 92 Moderate 106 Above Moderate 243 Total Allocation 630 John H. Douglas (JHD) Contract The cost proposal is $68,950,plus a $6,895 contingency,which will not be used without prior staff approval.The Housing/Safety Element cost will be mostly covered through an approved Local Early Action Planning (LEAP)Grant which the City Council authorized us to pursue.The City subsequently received a grant approval of $65,000 Within the Council packet,attached is: •The proposed Housing Element consultant services contract with Mr. Douglas •the acceptance from the California Department of Housing and Community Development (HCD)for Grand Terrace’s approval of a LEAP Grant for $65,000 •City Council Resolution 2020-18 authorizing City Staff to pursue the grant General Plan Consistency Staff is also seeking,separate from this contract,a Regional Early Action Planning (REAP)Grant that will provide additional support from San Bernardino County Transportation Authority (SBCTA)for the City to ensure General Plan Element consistency.The City has also received an SB2 Planning Grant to satisfactorily incorporate necessary amendments to the affordable housing implementation measures in the Housing Element,General Plan,and/or related CEQA environmental documentation Recommendation 1.Approve a Professional Services Agreement Between the City of Grand Terrace and J.H.Douglas and Associates for Housing Element Consultant for the 2021-2029 Housing Element Preparation in the amount of $68,950 with a 10%contingency of $6,895 2.Authorize the City Manager to Execute the Agreement subject to the City Attorney's approval as to form 3.Authorize the appropriation of the following funding sources:Local Early Action Planning (LEAP)Grant of $65,000 and General Fund of $3,950 Planning Commission Professional Services Agreement for the Preparation of the 2021-2029 Housing Element March 23, 2021