04/13/2021CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● APRIL 13, 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 April 13, 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 April 13, 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 other 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: 863 5086 5546
Password: 371215
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 available
for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours.
In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Clerk’s Office, (909) 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 April 13, 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. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS
Proclamation – Donate Life California Month
Proclamation – Child Abuse Prevention Month
Community Risk Reduction Applications presented by Fire Marshal/Deputy Fire
Warden, Mike Horton and Deputy Fire Marshal, Adam Panos of the San Bernardino
County Fire Department
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 – 03/23/2021
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council April 13, 2021
City of Grand Terrace Page 3
3. February 18, 2021, March 18, 2021 Planning Commission Meeting Minutes, February
11, 2021 Parks & Recreation Advisory Committee Meeting Minutes
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
4. Treasurer's Report as of December 31, 2020
RECOMMENDATION:
Receive and file the Treasurer's Report for the period ending December 31, 2020.
DEPARTMENT: FINANCE
5. Adoption of Resolutions Updating the Signature Authority for the City's & Successor
Agency's (As Applicable) Bank of America, California Asset Management Program,
LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower
Retirement Accounts
RECOMMENDATION:
Adopt the attached Resolutions updating the Signature Authority for the City’s and
Successor Agency’s (as applicable) Bank of America, California Asset Management
Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and
Empower Retirement Accounts
DEPARTMENT: FINANCE
6. Notice to Council that City's Contract Officer Will be Issuing a Notice to Proceed in
Accordance with Agreement #2019-15 with (MIG) Moore Iacofano Goltsman, Inc. in the
Amount of $59,685.
RECOMMENDATION:
Receive and File Notice to Council That City’s Contract Officer will be issuing a Notice
to Proceed in accordance with Agreement #2019-15 with (MIG) in the amount of
$59,685. MIG to Prepare Environmental Documentation for the Planning Commission
to Review the Uniform Application Packet for a proposed Battery Energy Storage
System Project.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
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.
Agenda Grand Terrace City Council April 13, 2021
City of Grand Terrace Page 4
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
7. Grand Terrace Special Events List for Calendar Year 2021
RECOMMENDATION:
Receive and File 2021 Community Events and Approve Inclusion of Class of 2021
Parade as a one Time City Sponsored Event
DEPARTMENT: CITY MANAGER
8. Approval of Professional Services Agreement for Interim Finance Director and
Administration Services with Rogers, Anderson, Malody and Scott, LLP
RECOMMENDATION:
1. Approve a Professional Services Agreement for Interim Finance Director and
Administration Services with Rogers, Anderson, Malody and Scott, LLP with a
not to exceed amount of $127,500.
2. Authorize the Mayor to execute the Professional Services Agreement subject to
the City Attorney’s approval as to form.
DEPARTMENT: CITY MANAGER
9. Professional Services Agreement with Michael Baker International for Environmental
and Planning Services Related to the Barton Road Specific Plan (BRSP) and Town
Center Master Plan (TCMDP) in an Amount Not to Exceed of $120,145
RECOMMENDATION:
1) Waive Competitive Bidding Requirements under Chapter 3.24 of the Grand
Terrace Municipal Code (GTMC) for the Professional Services Agreement with
Michael Baker International (MBI) in an amount not to exceed $120,145 pursuant
to GTMC Section 3.24.180(H); and
2) Approve the Professional Services Agreement with MBI in an amount not to
exceed $120,145; and
3) Authorize the Mayor to Execute the Professional Services Agreement with MBI,
subject to City Attorney Approval as to Form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council April 13, 2021
City of Grand Terrace Page 5
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic
Plan, if a City Council Member is interested in a task or project that will require more
than one hour of staff time to complete, the item will be agendized to ask the City
Council if time should be spent on preparing a report on the proposed item. In
accordance with this policy, this is the opportunity for City Council Members to request
that an item be placed on a future agenda and authorize staff to prepare an agenda
report. To ensure compliance with the Brown Act, the request shall be submitted to the
City Manager at least one week in advance of the meeting so that the topic can be
included on the agenda under this section. In order for any listed item to be placed on a
future agenda, the City Council must act by formal motion (i.e., requires a motion and a
second) to direct the City Manager to place the item on a future agenda. Pursuant to the
requirements of the Brown Act, no other items may be considered other than those
listed below.
1. Policy on Banning Political Signs, Flyers, etc. in City Parks and Other City Owned
Facilities During Election Period
Requested by: Council Member Sylvia Robles
2. Policy on Filling Unexpired Vacancies on City Council With Next Candidate With
Highest Voter Count if Vacancy Occurs Within One Year of Last Election
Requested by: Council Member Sylvia Robles
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 April 13, 2021
City of Grand Terrace Page 6
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code
Section 54957.6
Agency Designated Representatives: G. Harold Duffey, City Manager
Adrian R. Guerra, City Attorney
Colin Tanner, Deputy City Attorney
Employee Organization: Teamsters Local 1932
Unrepresented Employees: City Manager, Assistant City Manager, City
Clerk, Director of Public Works, Director of
Planning & Development Services,
Management Analyst (Two Positions), Principal
Accountant, Assistant Planner
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant
Exposure to Litigation, pursuant to Government Code Section 54956.9(c), (d)(2), e(3)
A point has been reached where, in the opinion of the legislative body of the local
agency, upon the advice of its legal counsel based on existing facts and circumstances,
that there is significant exposure to litigation against the local agency. The existing facts
and circumstances consist of a claim filed by Sunny Days, LLC, pursuant to the
Government Claims Act, which alleges that the City improperly rescinded/terminated a
business license for a wholesale business at the property located at 21600 Walnut
Avenue. The claim seeks damages in excess of $25,000. The claim was denied by the
City Council on February 9, 2021. A copy of the City Council agenda report, dated
February 9, 2021, and subsequent claim rejection letter dated February 12, 2021, are
included in this agenda package for public review and available for review in the City
Clerk’s office upon request.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to Government
Code Section 54957.6
Title: City Manager
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 27, 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 23, 2021
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Convene City Council
INVOCATION
The Invocation was given by Pastor Pat Bower of The Brook Church (via Zoom).
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by G. Harold Duffey, City Manager.
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 Absent
Cynthia A. Fortune Assistant City Manager Present
A. SPECIAL PRESENTATIONS
Cynthia Fortune, Assistant City Manager introduced two (2) new employees:
Brenda Angulo, Senior Accountant & Christine Clayton, Senior Accountant
Both employees provided City Council with a brief introduction and employment
background.
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Minutes Grand Terrace City Council March 23, 2021
City of Grand Terrace Page 2
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
G. Harold Duffey, City Manager announced that staff needed to add the introduction of
two (2) new employees to City Council which would be presented under Agenda Item A.
Special Presentations.
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, 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 – 03/09/2021
APPROVE THE REGULAR MEETING MINUTES OF MARCH 9, 2021.
3. City Department Monthly Activity Report - January 2021
RECEIVE AND FILE.
4. Approval of the February-2021 Check Register in the Amount of $365,325.10
APPROVE THE CHECK REGISTER NO. 02282021 IN THE AMOUNT OF $365,325.10
AS SUBMITTED, FOR THE PERIOD ENDING FEBRUARY 28, 2021.
5. First Quarter Financial Report (July-2020 - September-2020)
RECEIVE AND FILE THE FIRST QUARTER FINANCIAL REPORT FOR THE PERIOD
JULY-2020 TO SEPTEMBER-2020.
6. Second Quarter Financial Report (October-2020 - December-2020)
RECEIVE AND FILE THE SECOND QUARTER FINANCIAL REPORT FOR THE
PERIOD OCTOBER-2020 TO DECEMBER-2020.
D. PUBLIC COMMENT
The following residents requested the City Council consider building a skate park in the
City for the local youth in the community:
Mike Impson
James Timony
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Minutes Grand Terrace City Council March 23, 2021
City of Grand Terrace Page 3
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
Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item.
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:
A. ADDITIONAL REVENUE AND EXPENSE APPROPRIATIONS OF $54,430 TO
THE SENOR BUS FUND; AND
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Minutes Grand Terrace City Council March 23, 2021
City of Grand Terrace Page 4
B. TRANSFERS OF 4,385 AND 2,500 FROM THE GENERAL FUND AND AIR
QUALITY MANAGEMENT DISTRICT (AQMD) FUNDS, RESPECTIVELY.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
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
Adrian Guerra, City Attorney gave the presentation for this item.
Council Member Robles moved, with a second from Council Member Wilson to approve
the item but to also include the Oath of Office and Code of Conduct in each of the City
Council’s Commission and Committee handbooks.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
9. Transient Occupancy Tax Ballot Measure Discussion and Filing Deadlines
Debra Thomas, City Clerk gave the PowerPoint presentation for this item.
City Attorney Guerra recommended that the City Council also include a discussion
regarding voter outreach, education, and cost.
Council Member Wilson moved, with a second from Mayor Pro Tem Hussey to revisit
the item in January 2022.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
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Minutes 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
Steve Weiss, Planning & Development Services Director gave the PowerPoint
presentation for this item.
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
RESULT: APPROVED [4 TO 0]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: Darcy McNaboe, Bill Hussey, Sylvia Robles, Jeff Allen
ABSTAIN: Doug Wilson
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
Steve Weiss, Planning & Development Services Director gave the PowerPoint
presentation for this item.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Nothing to Report.
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Minutes Grand Terrace City Council March 23, 2021
City of Grand Terrace Page 6
Council Member Doug Wilson
Nothing to Report.
Council Member Sylvia Robles
Nothing to Report.
Mayor Pro Tem Bill Hussey
Nothing to Report.
Mayor Darcy McNaboe
Mayor McNaboe wanted to share with the community the status of the Barton Road
Bridge over the vacated railroad:
Preliminary Engineering June 21, 2022
Right-of-Way Acquisition June 2021-June 2022
Construction July 2022 – June 2023
J. CITY MANAGER COMMUNICATIONS
Nothing to Report.
K. RECESS TO CLOSED SESSION
Mayor McNaboe recessed the regular meeting of the City Council at 7:30 p.m.
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
Mayor McNaboe reconvened the regular meeting of the City Council at 7:45 p.m.
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Minutes Grand Terrace City Council March 23, 2021
City of Grand Terrace Page 7
Report Out of Closed Session
Mayor McNaboe announced there was no reportable action and direction was provided
to staff.
L. ADJOURN
Mayor Darcy McNaboe adjourned the Regular Meeting of the City Council at 7:45 p.m.
The Next Regular City Council Meeting will be held on Tuesday, April 13, 2021 at 6:00
p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council Item
TITLE: February 18, 2021, March 18, 2021 Planning Commission
Meeting Minutes, February 11, 2021 Parks & Recreation
Advisory Committee Meeting Minutes
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017 City Council meeting, the City Clerk was
directed by the City Manager to provide Council with a copy of the Planning
Commission, Historical & Cultural Activities Committee and Volunteer Emergency
Operations Committee minutes to keep Council up-to-date on those
Commission/Committee activities and on January 16, 2018, the City Manager requested
that the Parks & Recreation Advisory minutes be included in the
Committee/Commission Report.
DISCUSSION:
On March 18, 2021, the Planning Commission held its Regular Meeting and approved
its February 18, 2021 Regular Meeting minutes. The minutes for this meeting are
included as an attachment to this report (Attachment I). Additionally, on April 1, 2021,
the Planning Commission held its Regular Meeting and approved its March 18, 2021
Regular Meeting Minutes. The minutes for this meeting are included as an attachment
to this report (Attachment II) The Planning Commission’s next Regular Meeting is
scheduled for April 15, 2021.
On March 11, 2021, the Parks & Recreation Advisory Committee held its Special
Meeting and approved its February 11, 2021 Regular Meeting minutes. The minutes for
this meeting are included as an attachment to this report (Attachment III). The Parks &
Recreation Advisory Committee’s next Regular Meeting is scheduled for April 8, 2021.
Historical & Cultural Advisory Committee – Nothing to Report.
FISCAL IMPACT:
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None.
ATTACHMENTS:
• Attachment I - 02-18-2021 PC Minutes (PDF)
• Attachment II - 03-18-2021 PC Minutes (PDF)
• Attachment III - 02-11-2021 P&R Minutes (PDF)
APPROVALS:
Debra Thomas Completed 04/07/2021 8:51 AM
City Attorney Completed 04/07/2021 12:07 PM
Finance Completed 04/07/2021 4:59 PM
City Manager Completed 04/08/2021 9:03 PM
City Council Pending 04/13/2021 6:00 PM
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council & Successor Agency Item
TITLE: Treasurer's Report as of December 31, 2020
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Receive and file the Treasurer's Report for the period ending
December 31, 2020.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of actual cash on hand, receipts and disbursements incurred
during the fiscal year.
BACKGROUND:
The Treasurer’s Report of funds held as cash or invested by the City and the Successor
Agency to the Community Redevelopment Agency should be provided to the governing
body periodically.
DISCUSSION:
The purpose of the Treasurer’s Report is to provide the governing body with the
following information:
• Current cash position of the City and Successor Agency.
• Identify where all cash is held and, if invested, provide information regarding the
Book Value, PAR Value, Market Value, yield, and maturity:
▪ Book Value is the value of an asset as it is listed in the City’s balance
sheet or statement of financial position. The book value of the City’s cash
is the amount listed in the City’s bank statement as of December 31, 2020
and recorded in the City’s financial system.
▪ PAR value or face value is the value listed on an invested stock or bond.
Had the City invested the cash in stocks or bonds, the PAR value would
be the current value of the stocks or bonds.
▪ Market value of an investment is the amount that someone will pay for it
now, or the sale price. The investment value calculates what the
investment will earn and likely will be worth in the future. Had the City
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invested the cash in stocks or bonds, the investment would have both a
PAR value and a Market value.
▪ Yield describes the amount in cash (in percentage terms) in the form of
interest or dividends received from an investment in stocks or bonds.
▪ Maturity or maturity date refers to the payment date of a financial
instrument (stock, bond, certificate of deposit (CD) at which point
the principal (and all remaining interest) is due to be paid.
▪ The attached Treasurer’s Report as of December 31st indicates book, PAR
and market value of total cash and investments.
• Show that there are sufficient cash resources to make economic commitments for
the next six months. One way the governing body can monitor the fiscal condition
of the City and the Successor Agency is to review the cash position. The
common benchmarks to do this, is to compare the current quarter to the prior
quarter and the current quarter to the same quarter in the prior fiscal year. For the
Treasurer’s Report of December 31, 2020, the quarter summary would be
compared to September 30, 2020 and the annual summary would be compared to
December 31, 2019. Information on the benefits of these two cash reporting
comparison periods is provided below:
Quarterly Change in Cash Position:
This compares the cash position at the end of a quarter to the end of the prior
quarter. The cyclical nature of revenues to the City and the Successor Agency
versus the relatively constant nature of expenditures is shown in a quarterly
comparison. An example of this would be property tax revenue of which the majority
is received in December and May versus monthly labor and utility costs. Generally,
the cash position tends to decrease in the first and second quarter of a fiscal year
and to increase in the third and fourth quarters. One-time revenues such as bond
proceeds may also be easier to highlight first in a quarterly change report.
City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Quarter
Table 1
Description September 30,
2020
December 31,
2020 $ Change % Chg
Total Cash and Investments $10,488,233 $11,010,894 $522,661 4.98%
Funds with Fiscal Agent $0 $0 $0
Total $10,488,233 $11,010,894 $522,661 4.98%
• As shown in the Table 1 above, the Cash & Investments Report indicates an
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increase of $525,661. Below are the causes for the increase (revenue receipts) or
decrease (expenditure disbursements) in the City’s cash balance. The increase in
revenue and the disbursement to pay law enforcement services netted an increase
of $525,661.
➢ Payment of $554,274 to SB County Sheriff for the October, November and
December 2020 police services; and
➢ $1,082,648 in total Property Taxes collected during the 4nd quarter of 2020
City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Year (Same Quarter)
Table 2
Description Dec 31, 2019 Dec 31, 2020 $ Change % Chg
Total Cash and Investments $10,791,594 $11,010,894 $219,300 2.03%
Funds with Fiscal Agent $0 $0 $0 0%
Total $10,791,594 $11,010,894 $219,300 2.03%
▪ As shown in Table 2, the current cash position compared to a year ago on
December 31, 2019 increased by approximately $219,300. The increase in cash
for the quarter ending December 2020 compared to December 2019 was a result
of grant receipts/reimbursements:
o State Coronavirus Aid, Relief, and Economic Security (CARES) Act of
$153,425;
o Highway Safety Improvement Program (HSIP) grant reimbursement of
$36,200 and
o Community Development Block Grant (CDBG) grant reimbursement (July-
2020 to Dec-2020) of $35,020.
Cash Balance by Fund
City of Grand Terrace
CASH BALANCE by FUND
As of December 31, 2020
Table 3
Category Fund Fund Title Cash
Balances
City
CHILD CARE FUND 09 CHILD CARE CENTER FUND $152
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City of Grand Terrace
CASH BALANCE by FUND
As of December 31, 2020
Table 3
Category Fund Fund Title Cash
Balances
GENERAL FUND 10 GENERAL FUND $4,084,705
GENERAL FUND 61 COMMUNITY BENEFITS FUND $38,664
GENERAL FUND 62 LIGHT UP GRAND TERRACE ($119)
GENERAL FUND 63 GT ILLEGAL FIREWORKS ENFORCEMENT $224
GENERAL FUND 64 PUBLIC SAFETY FUND $22,082
GENERAL FUND 69 COMMUNITY DAY FUND $5
GENERAL FUND 70 EQUIPMENT REPLACEMENT RESERVE
FUND
$1,023
DEV IMPACT FEES (DIF) 11 STREET FUND $662,120
DEV IMPACT FEES (DIF) 12 STORM DRAIN FUND $290,862
DEV IMPACT FEES (DIF) 13 PARK FUND $94,295
DEV IMPACT FEES (DIF) 19 FACILITIES FUND $386,570
SPECIAL REVENUE FUND 14 SLESF (AB3229 COPS) $88,940
SPECIAL REVENUE FUND 15 AIR QUALITY IMPROVEMENT FUND $1,501
SPECIAL REVENUE FUND 16 GAS TAX FUND $41,141
SPECIAL REVENUE FUND 17 TRAFFIC SAFETY FUND $17,410
SPECIAL REVENUE FUND 20 MEASURE "I" FUND $310,991
SPECIAL REVENUE FUND 25 SPRING MOUNTAIN RANCH $726,459
SPECIAL REVENUE FUND 26 LNDSCP & LGTG ASSESSMENT DIST $64,579
SPECIAL REVENUE FUND 56 ROAD MAINT & REHAB ACCT FUND $347,904
SPECIAL REVENUE FUND 67 PUBLIC, EDUCATIONAL & GOVT ACCESS $93,678
SPECIAL REVENUE FUND 76 ENHANCED INFRA FIN DIST (EIFD) FUND ($10,368)
ENTERPRISE FUND 21 WASTEWATER DISPOSAL FUND $629,645
GRANT FUND 22 CDBG ($9,839)
GRANT FUND 65 SENIOR BUS PROGRAM FUND $15,275
GRANT FUND 66 CAL RECYCLE GRANT $8,314
GRANT FUND 73 ACTIVE TRANSPORTATION PRGRM FUND $0
GRANT FUND 74 HIGHWAY SFTY IMPROV PRGRM GRANT ($296,492)
GRANT FUND 75 EMER MGMT PREP GRANT (EMPG) FUND $0
GRANT FUND 77 SCIP (SO. CA INCENTIVE PROJ) GRANT $0
CAPITAL PROJECTS FUND 45 COMMERCE WAY PROJECT $810,431
CAPITAL PROJECTS FUND 46 CAPITAL IMPROVEMENTS - STREETS $45,231
CAPITAL PROJECTS FUND 47 CAP.PRJ. BARTON/COLTON BRIDGE ($7,695)
CAPITAL PROJECTS FUND 49 CAPITAL PROJECTS FUND- PARKS $248,136
COVID-19 FUNDS 90 COVID-19 EMERGENCY FUND $0
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City of Grand Terrace
CASH BALANCE by FUND
As of December 31, 2020
Table 3
Category Fund Fund Title Cash
Balances
COVID-19 FUNDS 91 SB CNTY COVID-19 ALLOC FUND ($74,444)
COVID-19 FUNDS 92 CDBG COVID-19 FUND $0
COVID-19 FUNDS 93 COVID-19 SB CNTY INFRA ALLOC FND ($274,200)
HOUSING AUTHORITY 52 HOUSING AUTHORITY $1,114,680
TRUST FUNDS 23 REFUNDABLE DEPOSITS TRUST FUND $766,559
TRUST FUNDS 95 DOG PARK ENDOWMENT FUND $19,593
TOTAL CITY $10,258,010
Successor Agency
31 S/A RDA OBLIGATION RETIREMENT FUND $294,298
34 S/A LOW INCOME HOUSING FUND $0
36 2011 TABS A & B BOND PROCEEDS $458,586
37 S/A CRA PROJECTS TRUST $0
TOTAL SUCCESSOR AGENCY $752,884
TOTAL CASH AND INVESTMENTS $11,010,894
The table below and the attached Treasurer’s Report also shows that the City of Grand
Terrace (less Successor Agency funds) can meet its expenditure requirements for the
next six months and that sufficient funds are available to meet its operating needs.
CITY OF GRAND TERRACE
CASH AND INVESTMENT REPORT AGAINST ADOPTED BUDGET
As of December 31, 2020
Table 4
Description Amount
Total Cash and Investments, City $11,010,894
FY2020-21 Adopted Budget $8,042,957
Less: Successor Agency Budget ($602,876)
Net, City budget $7,440,081
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CITY OF GRAND TERRACE
CASH AND INVESTMENT REPORT AGAINST ADOPTED BUDGET
As of December 31, 2020
Table 4
Description Amount
Cash required for six (6) months: ($7,440,081 / 2) $3,720,041
At a cash balance of $11,010,894, the City has sufficient cash to cover
operating expenditures for a six-month period.
As stated earlier in the report, the cash balances shown above are as of a certain date
in time, specifically, December 31, 2020.
FISCAL IMPACT:
The purpose of the Treasurer’s Report is to provide information regarding the current
cash and investment position of the City and the Successor Agency to the Community
Redevelopment Agency. There is no fiscal impact to receiving and filing the report.
ATTACHMENTS:
• Treasurer's Report- December 2020 (XLSX)
APPROVALS:
Finance Completed 04/08/2021 10:38 AM
Cynthia A. Fortune Completed 04/08/2021 3:00 PM
Finance Completed 04/08/2021 3:00 PM
City Attorney Completed 04/08/2021 4:00 PM
City Manager Completed 04/08/2021 9:09 PM
City Council Pending 04/13/2021 6:00 PM
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City of Grand Terrace &
Successor Agency to the CRA of Grand Terrace
Cash & Investment Report
December 31, 2020
City
Successor
Agency Total PAR Market
Yield
(in %)Maturity
California Asset Management Program $4,158,453 $4,158,453 $4,158,453 $4,163,444 0.120%N/A
State Treasurer- LAIF: City Account $2,904,142 $2,904,142 $2,904,142 $2,919,824 0.540%N/A
State Treasurer- LAIF: Successor Agency $104,420 $104,420 $104,420 $104,984 0.540%N/A
TOTAL FUNDS IN INVESTMENT POOLS $7,062,595 $104,420 $7,167,015 $7,167,015 $7,188,252
US BANK - Safekeeping- First American Treasury Fund $1,186 $1,186 $1,186 $1,186 0.01%N/A
Bank of America - Savings Acct. - Insured $50,308 $50,308 $50,308 $50,313 0.01%N/A
TOTAL FUNDS OTHER INVESTMENTS $51,494 $0 $51,494 $51,494 $51,499
TOTAL INVESTMENTS $7,114,089 $104,420 $7,218,509 $7,218,509 $7,239,751
Bank of America - Gen. Operating Acct. - Collateralized $3,413,453 $377,579 $3,791,032 $3,791,032 $3,791,032 0.000%N/A
CitiEscrow Client Checking Acct. (Data Ticket)$811 $811 $811 $811 0.000%N/A
Bank of America - Successor Agency Acct. - Insured $542 $542 $542 $542 0.000%N/A
TOTAL CASH $3,414,264 $378,121 $3,792,385 $3,792,385 $3,792,385
INVESTMENTS $7,114,089 $104,420 $7,218,509 $7,218,509 $7,239,751
CASH $3,414,264 $378,121 $3,792,385 $3,792,385 $3,792,385
TOTAL CASH & INVESTMENTS $10,528,353 $482,541 $11,010,894 $11,010,894 $11,032,136
CASH WITH FISCAL AGENT (RESERVE FUNDS)
U.S. Bank - First American Treasury Obligations 2011A TABS $0 $0 $0 $0 $0 0.00%N/A
U. S. Bank - First American Treasury Obligations 2011B TABS $0 $0 $0 $0 $0 0.00%N/A
TOTAL FUNDS WITH FISCAL AGENT $0 $0 $0 $0 $0
TOTAL CASH, INVESTMENTS & CASH WITH FISCAL AGENT $10,528,353 $482,541 $11,010,894 $11,010,894 $11,032,136
95.62%4.38%100.00%
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council & Successor Agency Item
TITLE: Adoption of Resolutions Updating the Signature Authority for
the City's & Successor Agency's (As Applicable) Bank of
America, California Asset Management Program, LAIF, US
Bank Safekeeping, Arrowhead Credit Union, MIDAmerica,
and Empower Retirement Accounts
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Adopt the attached Resolutions updating the Signature
Authority for the City’s and Successor Agency’s (as
applicable) Bank of America, California Asset Management
Program, LAIF, US Bank Safekeeping, Arrowhead Credit
Union, MIDAmerica, and Empower Retirement Accounts
2030 VISION STATEMENT:
This staff report supports City Council Goal #1 – Ensuring our Fiscal Viability through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The City must update bank and investment account signature authorizations on file with
the various financial institutions that hold City and Successor Agency funds as
personnel and organizational changes occur.
DISCUSSION:
With the recent resignation of Finance Department personnel that is effective April
2021, it is necessary to update the signature authority on all City and Successor Agency
accounts (as applicable) with Bank of America, California Asset Management Program,
LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower
Retirement.
The attached Resolutions update the signature authority for each of the institutions
mentioned above for the City and Successor Agency, as applicable. The Resolutions
designate the City Manager/Successor Agency Executive Director and the Interim
Finance Director/Interim Successor Agency Finance Director as the authorized signers.
Staff therefore recommends the adoption of each of the attached Resolutions.
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FISCAL IMPACT:
There is no fiscal impact associated with adopting the attached Resolutions.
ATTACHMENTS:
• Bank of America - City (DOC)
• Bank of America - Succ Agcy (DOC)
• CAMP (DOC)
• LAIF - City (DOC)
• LAIF - Succ Agcy (DOC)
• US Bank safekeeping (DOC)
• Arrowhead Credit Union (DOCX)
• MIDAmerica (DOC)
• Empower Retirement (DOC)
APPROVALS:
Cynthia A. Fortune Completed 04/08/2021 3:23 PM
Finance Completed 04/08/2021 3:24 PM
City Attorney Completed 04/08/2021 5:47 PM
City Manager Completed 04/08/2021 9:05 PM
City Council Pending 04/13/2021 6:00 PM
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY’S
BANK OF AMERICA BANK ACCOUNTS
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, Bank of America is a federally chartered bank under the laws of the
United States; and
WHEREAS, the City of Grand Terrace needs to update its signature card(s)
periodically with Bank of America due to changes in City staff or changes in staff duties;
and
WHEREAS, the City Council designates the City Manager and Interim Finance
Director as authorized signers on the City’s Bank of America bank accounts; and
WHEREAS, Bank of America requires the City to adopt a corporate resolution
and authorization to designate authorized signers on the bank accounts;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers for the City
of Grand Terrace with Bank of America are hereby revoked.
Section 2. Authorized account signers on Bank of America accounts are as
follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
Section 3. Any one of the individuals named as an authorized signer acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
Section 4. Any two of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City.
Section 5. This Resolution shall take effect immediately upon its adoption and
the City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.a
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace on the 13th day of April, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
City Clerk
C.5.a
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RESOLUTION NO. 2021-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO GRAND TERRACE COMMUNITY
REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS FOR THE
BANK OF AMERICA BANK ACCOUNT FOR THE SUCCESSOR
AGENCY TO GRAND TERRACE COMMUNITY REDEVELOPMENT
AGENCY
WHEREAS, the Successor Agency to the Grand Terrace Community
Redevelopment Agency (“Successor Agency”) is a public agency established under the
laws of the State of California; and
WHEREAS, Bank of America is a federally chartered bank under the laws of the
United States; and
WHEREAS, the Board of Directors of the Successor Agency desires to establish
a separate bank account for funds of the Successor Agency of the Grand Terrace
Community Redevelopment Agency; and
WHEREAS, the Board of Directors of the Successor Agency designates the
Successor Agency Executive Director and Successor Agency Interim Finance Director
as authorized signers on the Successor Agency’s Bank of America bank accounts; and
WHEREAS, Bank of America requires the Successor Agency to adopt a
corporate resolution and authorization to designate authorized signers on bank
accounts;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Successor Agency to the Grand Terrace Community Redevelopment Agency, as
follows:
Section 1. All previous resolutions of designated authorized signers with Bank of
America are hereby revoked.
Section 2. Authorized account signers for the Successor Agency’s Bank of
America accounts are as follows:
Position Individual Name
Successor Agency Executive Director G. Harold Duffey
Successor Agency Interim Finance Director Terry Shea
Section 3. Any one of the individuals named as an authorized signer acting on
behalf of the Successor Agency, is authorized to execute documents on behalf of the
City.
C.5.b
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Section 4. Any two of the individuals named as authorized signers acting on
behalf of the Successor Agency, are authorized to sign checks on behalf of the City.
Section 5. This Resolution shall be effective immediately upon its adoption and
the Successor Agency Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Successor Agency to the Grand Terrace Community Redevelopment Agency at its
regular meeting held on the 13thth day of April 2021.
_____________________________________
Darcy McNaboe
Chair of the Board of the Successor Agency
ATTEST:
___________________________
Debra L. Thomas
Successor Agency Secretary
APPROVED AS TO FORM:
___________________________
Adrian Guerra
Successor Agency Counsel
C.5.b
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I, Debra Thomas, Successor Agency Secretary, do hereby certify that Resolution
No. 2021- was introduced and adopted at a regular meeting of the Board of Directors
of the Successor Agency of the Grand Terrace Community Redevelopment Agency, on
the 13th day of April, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Successor Agency Secretary
C.5.b
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR CALIFORNIA
ASSET MANAGEMENT PROGRAM
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, the California Asset Management Trust was established pursuant to
and in accordance with Joint Powers Exercise of Powers Act, by a Declaration of Trust,
made as of December 15, 1989 and as subsequently amended, as a vehicle for public
agencies to jointly exercise their common power to invest bond proceeds and other
funds; and
WHEREAS, the California Asset Management Program is an authorized
investment under the investment policy of the City and under Government Code Section
53600; and
WHEREAS, the City of Grand Terrace periodically needs to update its authorized
signers with the California Asset Management Program; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the California Asset Management Program on behalf of the City; and
WHEREAS, deposits and withdrawals may only come from designated,
authorized City operating and City investment accounts; and
WHEREAS, California Asset Management Program requires the City to adopt a
resolution to change authorized signers on the account; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with the
California Asset Management Program are hereby revoked.
Section 2. Authorized signers on the California Asset Management Program
account are as follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
Page 2
C.5.c
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Section 3. Any one of the named individuals is authorized to sign on behalf of the
City of Grand Terrace and is authorized to execute documents on behalf of the City.
Section 4. This Resolution shall be effective immediately upon its adoption and
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, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.c
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 13th day of April, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.c
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE LOCAL
AGENCY INVESTMENT FUND
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, the Local Agency Investment Fund was established by Chapter 730,
Statutes of 1976. This fund enables local government agencies or trustees to remit
surplus funds, not needed for immediate expenditures, to the State Treasurer for the
purpose of investment on behalf of the agency. The State Treasurer will invest such
funds as part of a pooled money investment account in order to derive the maximum
rate of return possible; and
WHEREAS, the Local Agency Investment Fund is an authorized investment
under the investment policy of the City and under Government Code Section 53600;
and
WHEREAS, the City periodically needs to update its authorized signers with the
Local Agency Investment Fund; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the Local Agency Investment Fund on behalf of the City; and
WHEREAS, deposits may only come from and withdrawals may only be made to
designated, authorized signers on the City’s account.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with the
Local Agency Investment Fund are hereby revoked.
Section 2. The following officers or their successors in office shall be authorized
signers on the Local Agency Investment Fund account:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
C.5.d
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Section 3. One of the individuals named as an authorized signer acting on
behalf of the City is authorized to initiate transactions and execute documents on behalf
of the City.
Section 4. Interest payments, withdrawals and matured investments may only
be transferred to an account of the City or paid by written demand to the City.
Section 5. This Resolution shall be effective immediately upon its adoption and
the City Clerk shall certify to the passage and adoption of this Resolution, and it shall
take effect and be in force.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.d
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 13th day of April, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.d
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RESOLUTION NO. 2021-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE CITY OF GRAND TERRACE
COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS
FOR THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, the Successor Agency to the Grand Terrace Community
Redevelopment Agency (“Successor Agency”) is a public agency established under the
laws of the State of California; and
WHEREAS, the Local Agency Investment Fund was established by Chapter 730,
Statutes of 1976. This fund enables local government agencies or trustees to remit
surplus funds, not needed for immediate expenditures, to the State Treasurer for the
purpose of investment on behalf of the agency. The State Treasurer will invest such
funds as part of a pooled money investment account in order to derive the maximum
rate of return possible; and
WHEREAS, the Local Agency Investment Fund is an authorized investment
under the investment policy of the City and under Government Code Section 53600;
and
WHEREAS, on January 30, 2012, the City Council elected, by Resolution 2012-
08, to authorize the Successor Agency to the former Grand Terrace Community
Redevelopment Agency (Successor Agency), to invest in the Local Agency Investment
Fund in accordance with the provisions of Section 16429.1 of the Government Code
and approved a list of authorized signers to the account; and
WHEREAS, the Successor Agency periodically needs to update its authorized
signers with the Local Agency Investment Fund; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the Local Agency Investment Fund on behalf of the Successor Agency; and
WHEREAS, deposits may only come from and withdrawals may only be made to
designated, authorized signers on the account.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Successor Agency to the Grand Terrace Community Redevelopment Agency, as
follows:
Section 1. All previous resolutions of designated authorized signers with the
Local Agency Investment Fund are hereby revoked.
Section 2. The following officers or their successors in office shall be authorized
signers on the Local Agency Investment Fund account:
C.5.e
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RESOLUTION NO. 2021-
Page 2
Position Individual Name
Successor Agency Executive Director G. Harold Duffey
Successor Agency Interim Finance Director Terry Shea
Section 3. One of the individuals named as an authorized signer acting on
behalf of the Successor Agency is authorized to initiate transactions and execute
documents on behalf of the City.
Section 4. Interest payments, withdrawals and matured investments may only
be transferred to an account of the Successor Agency or paid by written demand to the
Successor Agency.
Section 5. This Resolution shall take effect immediately upon its adoption and
the Successor Agency Secretary shall certify to the passage and adoption of this
Resolution, and it shall take effect and be in force.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Successor Agency to the Grand Terrace Community Redevelopment Agency at its
regular meeting held on the 13th day of April 2021.
________________________________
Darcy McNaboe
Chair of the Board of the Successor
Agency
ATTEST:
___________________________
Debra L. Thomas
Successor Agency Secretary
APPROVED AS TO FORM:
___________________________
Adrian Guerra
Successor Agency Counsel
C.5.e
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RESOLUTION NO. 2021-
Page 3
I, Debra Thomas, Successor Agency Secretary to the Successor Agency to the
Grand Terrace Community Redevelopment Agency, do hereby certify that Resolution
No. 2021- was introduced and adopted at a regular meeting of the Board of
Directors of the Successor Agency to the Grand Terrace Community Redevelopment
Agency held on the 13th day of April, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Successor Agency Secretary
C.5.e
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR US BANK,
SAFEKEEPING ACCOUNT
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, the US Bank is a federally chartered bank under the laws of the
United States; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement,
signature card or notice of incumbency with US Bank; and
WHEREAS, the City designates the City Manager and Interim Finance Director
as authorized signers on the US Bank Safekeeping bank account; and
WHEREAS US Bank requires the City to adopt a corporate resolution and
Authorization to designate authorized signers on such accounts;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with US
Bank are hereby revoked.
Section 2. Authorized signers on US Bank accounts are as follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
Section 3. Any one of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
Section 4. Authorized investment held in US Bank Safekeeping account must
be invested in accordance with permitted investments in California Government Code
Sections 53601 and 53635.
Section 5. This Resolution shall take effect immediately upon its adoption and
the City Clerk shall certify to the adoption of this Resolution.
C.5.f
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.f
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of April, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.f
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE
ARROWHEAD CREDIT UNION ACCOUNTS
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, the Arrowhead Credit Union is a not-for-profit financial cooperative
established in 1949 and is governed by state credit union laws and regulations. The
Arrowhead Credit Union is a cooperative, not-for-profit financial institution organized to
promote thrift and provide credit to members; and
WHEREAS, the City periodically needs to update its authorized signers with the
Arrowhead Credit Union; and
WHEREAS, the City Council designates the City Manager and Interim Finance
Director as authorized signers on Arrowhead Credit Union accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw
funds with the Arrowhead Credit Union on behalf of the City; and
WHEREAS, deposits may only come from and withdrawals may only be made by
designated, authorized signers on the account; and
WHEREAS, Arrowhead Credit Union requires the City to adopt a corporate
resolution and authorization to designate authorized signers on bank accounts;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with the
Arrowhead Credit Union are hereby revoked.
Section 2. Authorized account signers on Arrowhead Credit Union accounts are
as follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
C.5.g
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Section 3. Any one of the individuals named as an authorized signer acting on
behalf of the City of Grand Terrace is authorized to initiate transactions and execute
documents on behalf of the City.
Section 4. Any two of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City.
Section 5. Interest payments, withdrawals and matured investments may only be
transferred to an account of the City or paid by written demand to the City.
Section 6. This Resolution shall take effect immediately upon its adoption and the
City Clerk shall certify to the passage and adoption of this Resolution, and it shall take
effect and be in force.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.g
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021-______ was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 13th day of April, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.g
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF
GRAND TERRACE ACCOUNTS WITH MIDAMERICA
ADMINISTRATIVE AND RETIREMENT SOLUTIONS
WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation
established under the laws of the State of California; and
WHEREAS, MIDAMERICA is a retirement plan provider for seasonal, part-time,
and temporary employees that replaces Social Security; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement
and signature card with MIDAMERICA; and
WHEREAS, the City designates the City Manager and Interim Finance Director
as authorized signers for Empower Retirement; and
WHEREAS, MIDAMERICA requires the City to adopt a corporate resolution and
authorization to designate authorized signers on the City’s retirement account on behalf
of its plan participants;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with
Empower Retirement are hereby revoked.
Section 2. Authorized signers on MIDAMERICA Admin and Retirement accounts
are as follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
Section 3. Any one of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
.
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Section 4. This Resolution shall take effect immediately upon its adoption and
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, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.h
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of April, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.h
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RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF
GRAND TERRACE DEFERRED COMPENSATION PLAN WITH
EMPOWER RETIREMENT
WHEREAS, the City of Grand Terrace is a municipal corporation established
under the laws of the State of California (“City”); and
WHEREAS, Empower Retirement is a retirement services provider in the United
States; and
WHEREAS, the City of Grand Terrace needs to update its deposit agreement
and signature card with Empower Retirement; and
WHEREAS, the City designates the City Manager and Interim Finance Director
as authorized signers on the City of Grand Terrace Deferred Comp Plan with Empower
Retirement; and
WHEREAS Empower Retirement requires the City to adopt a corporate
resolution and authorization to designate authorized signers for the City’s Deferred
Compensation Plan on behalf of its plan participants;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. All previous resolutions of designated authorized signers with
Empower Retirement are hereby revoked.
Section 2. Authorized signers on EMPOWER Retirement accounts are as
follows:
Position Individual Name
City Manager G. Harold Duffey
Interim Finance Director Terry Shea
Section 3. Any one of the individuals named as authorized signers acting on
behalf of the City of Grand Terrace is authorized to execute documents on behalf of the
City.
.
C.5.i
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Section 4. This Resolution shall take effect immediately upon its adoption and
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, California, at its regular meeting held on the 13th day of April 2021.
____________________________
Darcy McNaboe
Mayor
ATTEST:
___________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
___________________________
Adrian Guerra
City Attorney
C.5.i
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I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2021- was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace, on the 13th day of April, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
C.5.i
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council Item
TITLE: Notice to Council that City's Contract Officer Will be Issuing
a Notice to Proceed in Accordance with Agreement #2019-
15 with (MIG) Moore Iacofano Goltsman, Inc. in the Amount
of $59,685.
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Receive and File Notice to Council That City’s Contract
Officer will be issuing a Notice to Proceed in accordance
with Agreement #2019-15 with (MIG) in the amount of
$59,685. MIG to Prepare Environmental Documentation for
the Planning Commission to Review the Uniform Application
Packet for a proposed Battery Energy Storage System
Project.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability. The cost for environmental
services identified in the agenda report will be borne by the project proponent.
BACKGROUND/DISCUSSION:
On November 25, 2020, Condor Energy Storage, LLC represented by Keith Latham
submitted an application proposing the construction of a 200-Megawatt Battery Energy
Storage System (BESS), located on an approximately 10-acre parcel land, generally
located near the intersection of Main Street and Taylor Street (Assessor’s Parcel
Number 1167-151-77-0000), zoned M2-Industrial (“Project”).
In 2019 and in accordance with the City’s purchasing ordinance, the City entered into a
professional services agreement with Michael Baker International and Moore Iacofano
Goltsman, Inc (MIG) for on-call planning and environmental services. Consistent with
the provisions of both on-call agreements, Staff requested cost proposals from both
firms to perform the environmental review and documentation for the Project on
December 17, 2020. Staff received a response solely from MIG on January 15, 2021
and determined that the cost proposal was acceptable to the City. MIG’s proposal
includes Optional Task 9 relating to services to adequately assess potential Project
impacts on jurisdictional waters of the US and State ($9,720) and Optional Task 10
relating to peer review of fire protection/suppression plans for the Project ($13,200).
The cost proposal was last updated on January 27, 2021 for a total amount of
$59,865.00, which includes optional tasks mentioned above. Without the optional tasks,
C.6
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the cost would be $37,745. A $35,000 deposit has already been submitted by Condor
Energy Storage, LLC towards these costs and, in addition, an administrative deposit fee
of $4,600 to cover staff’s time associated with the Project review has been paid. The
remaining balance of $2,745.00 is due upon approval of Notice to Proceed. If the
optional tasks are needed, then the applicant will be required to make an additional
deposit to cover those costs.
As stated in Agreement #2019-15, Exhibit C, Section III between the City and MIG, any
services that will be reimbursed by an applicant/developer, should follow the detailed
work request procedure shown in Exhibit A, Section III:
a) A Task to be performed shall be set forth in a written request produced by the
City’s Contract Officer (the City Manager or his designee);
b) Following receipt of the request, Consultant (MIG) prepares a Task Proposal
with description, cost, and schedule of completion of Task;
c) The Contract Officer approves the Task and issues a Notice to Proceed;
d) The Task will be performed with a cost not to exceed the Task Budget; and
e) Consultant shall complete the Task by the Task Completion Date, in
accordance with the Task Completion Schedule, and deliver all deliverable to
the Contract Officer.
City staff is providing City Council with an update; the City’s Contract Officer will be
issuing a Notice to Proceed in accordance with Agreement #2019-15 with MIG. The
City’s Contract Officer is not approving or endorsing the project. The Notice to Proceed
is an administrative process designed to expedite the delivery of required studies for
Land Use Applications. The studies are developer funded but managed by the City of
Grand Terrace staff.
FISCAL IMPACT:
There will be no fiscal impact to the City. The developer is required to pay for the
contracted services.
ATTACHMENTS:
• NOTICE TO PROCEED - MIG (DOC)
• Moore Iacofano Goltsman, Incorporated-2019-15 (1) (PDF)
• RFP for Condor Energy IS (PDF)
• MIG Task Proposal (Condor Scope of Work) (PDF)
• MIG Task Proposal (Schedule of Compensation and Project Schedule) (PDF)
APPROVALS:
Steven Weiss Completed 04/09/2021 11:38 AM
City Attorney Completed 04/09/2021 11:38 AM
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Finance Completed 04/09/2021 11:38 AM
City Manager Completed 04/09/2021 11:52 AM
City Council Pending 04/13/2021 6:00 PM
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DEPAR
01247.0005/697001.1 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax
909/783-2600
Planning and Development Services Department
_____, 2021
Moore Iacofano Goltsman, Incorporated
Attn: Pamela D. Steel, Principal
1500 Iowa Avenue, Suite 110
Riverside, CA 92507
SUBJECT: Notice to Proceed – Environmental Review Services for the Condor
Energy Storage Project in the City of Grand Terrace
Dear Ms. Steel:
As you are aware, the City of Grand Terrace (“City”) and Moore Iacofano Goltsman, Inc.
(“MIG”) entered into that certain “Agreement for Contract Services by and between the
City of Grand Terrace and Moore Iacofano Goltsman, Inc.,” dated May 14, 2019,
(“Agreement”) for the provision certain on-call services, including, but not limited, to
planning and environmental review services, as more particularly described in the
Agreement. The Agreement is attached hereto and incorporated herein as Attachment 1.
Pursuant to the Agreement, the City submitted a Task Order/Request for Proposals to
MIG on December 17, 2020, relating to environmental review services as described
therein, which is attached hereto and incorporated herein by this reference as
Attachment 2 (“Project Task Order”). MIG accordingly submitted a Task Proposal,
which is attached hereto and incorporated herein as Attachment 3 (“Project Task
Proposal”). The Project Task Proposal includes Tasks 1 through 8 and optional tasks 9
and 10, which are more particularly described in the Project Task Proposal.
Pursuant to the Agreement, this letter serves as the City’s written approval of the Project
Task Proposal and notice to proceed subject to the terms of this letter. MIG shall carry out
the Project Task Proposal subject to the following:
1. MIG’s total compensation for all services provided under the Project Task
Proposal shall not exceed $59,685.00 (“Project Task Total Sum”).
2. The budgeted amounts for each Task within the Project Task Proposal shall not be
shifted from one Task to another unless approved by the Contract Officer in
writing and provided that the Project Task Total Sum is not exceeded.
3. MIG shall perform Tasks 1 through 8 as provided in the Project Task Proposal.
MIG shall not perform optional Tasks 9 and 10 in the Project Task Proposal and
shall not receive any compensation for the performance of optional Tasks 9 and
10 unless the Contract Officer requests and authorizes the performance of Task 9
and 10 in writing.
4. MIG shall commence services pursuant to the Project Task Order on ____, 2021
or such other date as may be mutually agreed upon between the Contract Officer
and MIG.
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01247.0005/697001.1 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax
909/783-2600
Planning and Development Services Department
5. MIG’s performance of the Project Task Order shall be in compliance with the
following documents (in order of precedence), which are incorporated herein by
this reference:
a. Agreement (Attachment 1)
b. Project Task Order (Attachment 2)
c. Project Task Proposal (Attachment 3)
We look forward to working with MIG on the Project. Should you have any questions,
please contact Steven A. Weiss at (909) 824-6621 ext. 225.
Sincerely,
G. Harold Duffey
City Manager
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MOORE IACOFANO GOLTSMAN, INCORPORATED
This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INCORPORATED (herein
Agreement") is made and entered into this 14th day of May, 2019 by and between the City of
Grand Terrace, a California municipal corporation ("City") and Moore Iacofano Goltsman,
Incorporated, a California corporation ("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 the performance of the services, defined and described
particularly in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal
Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement..
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enterintoandexecutethisAgreement.
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
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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 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 necessaryfortheConsultant'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 Cityhereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughlyinvestigatedandconsideredthescopeofservicestobeperformed, (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
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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.
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 Officer 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 the amounts set forth in Exhibit "C" (the "Contract Sum"),
unless additional compensation is approved pursuant to Section 1.8.
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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 ofFinance. 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 thisAgreement. 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 CitytoConsultantforcorrectionandresubmission. 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.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance ofthis 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 Maieure.
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 whenandifinthejudgmentoftheContractOfficersuchdelayisjustified. 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)
years 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:
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Pamela D. Steele, Principal
Name) Title)
Name) Title)
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 G. Harold Duffey, 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.
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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 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
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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.
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
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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 ADVANCE WRITTEN NOTICE T CERTIFICATE
HOLDER NAMED HWIN.[
to be initialed]
s
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,
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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:
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'sfees.
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
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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.
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
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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 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 CityAttorney, 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.
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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
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 ofthis 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 ofFunds.
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
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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
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 providedinthefollowingSectionforterminationforcause. 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 Attornev's Fees.
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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 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
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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.
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 CityManagerandtotheattentionoftheContractOfficer (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
01247.0005/553298.1 5/8/2019
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party ofthe basic benefit oftheir bargain or renders this Agreement meaningless.
9.6 Warranty& Representation ofNon-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 parry 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 oWeffect.
Consultant's Authorized Initia V
l\
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said parry, (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 parry is bound. This Agreement
shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Gr Terrac , a municipal corporation
G. Harold D , City g
nEST:11 ,4L,f
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & ". LLP
Lac_ /c
Adrian R. Guerra, City Attorney
CONSULTANT:
Moore ofano Gol sman, Incorporated, a
Calif is o orati n
By:
Name:
Title: v
By.
Name: WJ 'A'1,
Title:V-I'
n
Address: 1500 Iowa Avenue, Suite 110
Riverside, CA 92507
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.
19
01247.0005/553298.1 5/8/2019
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
FJ R G-w r,A FS
COUNTY OF SA IiBA
i piLvanl y
On M--/ -7 , 2019 before me, 13'4' 'L-7"4
ersonally appeared ``` proved to me on
the basis of satisfactory evidence to be the persons whose names(g) Ware subscribed to the within instrument and
acknowledged to me that he/W/thdy executed the same in his/her/thplr authorized capacity(*), and that by
his/her/tloir signature(o) on the instrument the person(w), or the entity upon behalf of which the persons) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph istrueandcorrect.
WITNESS my hand and official seal. NIIR. NK iiltbll IT4NQbryPubAC•Cd4i66EaSignaturtommiislion12Ldi9669
M Comm.E im Mt 16.Ei)20
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 DOCUMENTALR,csL•r*- 7 -r/r- Cu,7.d-c7 r&+ jCy1jwrti..INDIVIDUAL Dy 3 4 7y
CORPORATE OFFICER
GG y TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED I
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAM EOF ERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.
01247.0005/553298.1 5/8/2019
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STATE OF CALIFORNIA
COUNTY OF
On J 3 rr
2019 before me "'"`''
L 1o9•j Win f , rs
personally appeared M, roved to me on
the basis of satisfactory evidence to be the person(A whose names( is/,are subscribed to the within instrument and
acknowledged to me that kGshe/tly executed the same in higher/tI)k& authorized capacity(jes), and that by
h}d/her/tWr signature(g) on the instrument the person(), or the entity upon behalf of which the persons 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. NARESNKUMAA BNAKTA
Notary Public•California
Alameda County
Slgnatur ram— '
Commission M 2149669
M Comm.Ea lies M'-,,16.2020
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 Sy G7 y
CORPORATE OFFICER 7', '+ 'j '°. 1.44"'0~0 G X.,
y o 5e'nt1-eL-j I
VQ TITLE OR TYPE OF DOCUMENT
TITLE(S)
I
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVEt-A I G- /n-rr-
01247.0005/553298.1 5/8/2019
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EXHIBIT "A"
SCOPE OF SERVICES
I.Consultant will provide on-call planning and environmental services to the City
Services"). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General
Plan, Zoning Ordinances, Barton Road Specific Plan (if applicable)
Design Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director's review
iv. Attend Development Advisory Board meetings for the project
V. Coordinate comments from members of the Development
Advisory Board
vi. Meet with applicants
vii.Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and
conditions of approval
ix. Attend Planning and/or City Council meetings
X. File management for the project
xi. Plan Check review of projects including, but not limited to
construction plans, grading plan, landscape and irrigation plans, lighting
plans, etc. for compliance with conditions of approval.
B. Environmental Review Services, including,but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR,
MND, ND, or CE
iii. Nosie Studies
iv. Air Quality
V. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
01247.0005/553298.1 5/8/2019 A-22
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vii.Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
X. Coordinate and distribute environmental documents and notices
Xi. Mitigation Monitoring
xii.Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public
meetings and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any
other regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before
any work is performed, the Consultant must provide a specific written Task
Proposal for any requested Services and get written approval of the terms of the
Task Proposal from the City, as such process is more fully described in the Work
Request Procedure below in Section III. Unless specifically defined, each category
or type of work listed in Exhibit C shall be construed broadly to include all services
customarily described under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request ("Request")
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a"Task Proposal"
that includes the following components:
1) a written description of the requested task ("Task Description") including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
2) the costs to perform the task("Task Budget");
01247.0005/553298.1 5/8/2019 A-23
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3) an explanation of how the cost was determined; and
4) a schedule for completion of the task ("Task Completion Schedule"),
including a final completion date ("Task Completion Date").
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
VIH. Consultant will utilize the following personnel to accomplish the Services:
A. Pamela D. Steele, Principal
B. Lisette Sanchez-Mendoza, Senior Planner
C. Mina Morgan, Associate Planner
D. Bob Prasse, Project Manager
E. John Campbell, PHD
F. Christopher Purtell, RPA
G. Chris Dugan
H. Cameron Hile
01247.0005/553298.1 5/8/2019 A-24
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
I.The following Sections are hereby added to Article 2:
2.6 Ca1PERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance with
California Government Code section 20305. If a person is assigned by Consultant to perform
work for the City on a per diem basis, such person cannot work for City in excess of 125 days
within a calendar year. If a person is contracted to perform work for City by Consultant, in other
than a per diem basis, such person cannot perform work for City in excess of hours of services
within the fiscal year.
2.7 Ca1PERS Temporary Retired Annuitant. Unless approved by the Contract Officer, no
personnel of Consultant assigned to perform Services under this Agreement shall be a "retired
annuitant" from the California Public Employees Retirement System (Ca1PERS). Prior to
assigning any personnel of Consultant to perform any work for the City, Consultant shall identify
potential candidates to the Contract Officer that are "retired annuitants" from Ca1PERS. If
approved by the Contract Officer, under no circumstances shall a retired annuitant work more
than 960 hours within a fiscal year. The compensation for the retired person shall be an hourly
pay rate that is within the salary schedule for the position and shall not exceed the maximum
monthly base salary paid to other employees performing comparable duties as listed on a
publicly available pay schedule divided by 173.333 to equal an hourly rate in accordance with
California Government Code section 21224. A retired person appointed pursuant to this
Agreement shall not receive any benefit, incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay rate. A retired annuitant will not accrue
service credit or any additional retirement rights or benefits.
01247.0005/553298.1 5/8/2019 B-26
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I.Consultant shall perform the on-call services at the rates listed in Exhibit "C-1".
The rates provided in Exhibit "C-1" may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit"A".
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal's for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit"A".
B. For Services provided under Section I.F of Exhibit"A" (City initiated
projects), there shall be a maximum total compensation of$25,000 during the
term of this Agreement.
01247.0005/553298.1 5/8/2019 C-27
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EXHIBIT "C-1"
RATESCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in
writing. Consultant's rates are as follows:
Principal 205.00
Director of Environmental Services/Analyses $185.00
Senior Project Planner 125.00
Primary Analyst 125.00
Associate Project Planner 100.00
Assistant Project Planner 90.00 .
Assistant Analyst 90.00
Word Processing 65.00
Reimbursable Expenses
Black/White Prints O.10/page
Color Prints 1.00/ a e
11"x 17" Color Prints 2.00/ a e
Postage At Cost
Other Cost plus
10%
Expert Witness Fee
If requested to be an expert witness by the City, the fees for deposition and testimony
will be billed at$350.00/hour.
01247.0005/553298.1 5/8/2019 C-28
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I.Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit "A", to the City for the processing of, and
approval, of any and all applications for development by the planning department,
Planning Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years ("Term").
01247.0005/553298.1 5/8/2019 D-29
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M
March 25, 2019
Sandra Molina
Planning and Development Services Director
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Via email: smolina@grandterrace-ca.gov
Dear Ms. Molina:
Thank you for requesting a proposal for MIG to provide on-call Case Planner Services for the City of
Grand Terrace.
We understand that the City is requesting assignment of a senior level planner to handle Planning
Application review for a variety of projects as needed. We further understand that the City wishes the
assigned planner to act as a member of the City staff and to handle all aspects of the processing of the
project and review as if she were on the City's staff.
At this time, MIG proposes to assign Ms. Lisette Sanchez-Mendoza,Senior Planner,to assist the City in
this manner. Ms.Sanchez-Mendoza has over 13 years of experience in the planning field and has been a
Planner on staff to the City of Hesperia and a contract Planner for the cities of Murrieta and Covina,and
San Bernardino County.She is experienced in all facets of city planning and has processed numerous
projects including general plan amendments and rezonings. I have attached her resume.
PLANNING SERVICES SCOPE OF WORK
Initial Site Assessment
Review project for completeness and compliance with the General Plan, Zoning Ordinances,
Specific Plan (if applicable), Design Guidelines,and all applicable codes and ordinances
Prepare letters for Director's review
Attend Development Advisory Board meetings for the project
Coordinate comments from members of the Development Advisory Board
Meet with applicants
PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I TECHNOLOGY
1500 Iowa Avenue, Suite 110 • Riverside, California 92507 • USA • 951 787 9222 .vww migcom.com
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City of Grand Terrace March 25,2019
Case Planner Services
Coordinate the Project Review with CEQA Review
Prepare public hearing notices, staff reports, resolutions and conditions of approval
Attend Planning and/or City Council meetings
File management for the project
Plan Check review of projects including, but not limited to construction plans,grading plan,
landscape and irrigation plans, lighting plans,etc.for compliance with conditions of
approval.
BUDGET:
Our work is performed on an hourly,time and materials basis,and only actual time and expenses will be
billed.As identified in our On-Call contract with the City, our Senior Planner billing rate is$120 per hour.
Reimbursements and any out of pocket expenses will be billed at cost plus 10 percent. Invoices are sent
on a monthly basis and payments are due within 30 days.
If there is anything more you need or wish to discuss this further, please contact me at either
pams@migcom.com or 951-787-9222.
Thank you again for this opportunity.We look forward to hearing from you and working with the City
staff.
Sincerely,
Pamela Steele
Principal
Attachment: Resume for Lisette Sanchez-Mendoza
2
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1
Request for Proposal
Consultant Services Preparation of
An Initial Study and (Mitigated) Negative Declaration
Issued: December 17, 2020
Responses Due: January 15, 2021 by 1:00 p.m.
RFP Contact:
Steven A. Weiss, AICP
Planning and Development Services
City of Grand Terrace
(909) 824-6621 x 225
sweiss@grandterrace-ca.gov
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CITY OF GRAND TERRACE
REQUEST FOR PROPOSALS FOR
PREPARATION OF AN INTIAL STUDY/MITIGATED NEGATIVE
DECLARATION
A. Introduction/Purpose
1. Desired Goals/Objectives/Outcomes
The City’s objective is to contract for preparation of an Initial Study/(Mitigated) Negative Declaration
resulting in a completed Initial Study/(Mitigated) Negative Declaration with appropriate supporting
technical documentation, that objectively analyzes impacts of the Project, identifies mitigation and
fulfills all of the requirements of the CEQA for the public, and by decision makers, when considering
whether to approve the Project.
2. Project Description
Condor Energy Storage, LLC (“Applicant”) is proposing to construct a 200-megawatt battery energy
storage system (BESS) located at approximately 10-acre parcel land, generally located near the
corner of Main Street and Taylor Street (APN: 1167-151-77-0000). The proposed project will consist
of lithium-ion energy batteries installed in racks, inverters, switchgear, and other associated
equipment to directly interconnect into the Southern California Edison (SCE) Highgrove Substation
located directly north of the proposed property. The site will have remote operational control and
periodic inspections and maintenance will be performed, as necessary. The project improvements
will include, but are not limited to perimeter wall and fencing, perimeter landscaping, underground
electrical cabling, concrete pad for the electrical equipment, and street improvements. The
property is zoned M2 (Industrial)
Attached please find project plans and materials.
B. Statement of Requirements- Services Required of Successful Proposer
The following is a summary of expected tasks related to the consulting services the City
anticipates will be necessary. The descriptions set forth below are not exhaustive, and the City
reserves the right to delete and/or request additional related services as necessary.
Task 1 – Project Initiation, Work Program Refinement, and Project Management
The Consultant shall:
a. Review the submitted environmental documentation, prepare an Initial Study and identify if the
project is exempt or identify the Environmental Review Necessary.
b. Schedule and attend a kick-off meeting with the City to review goals and strategies, refine
project scope and working objectives, and identify available data.
c. Review all project related materials submitted to City to date.
d. After project initiation, the selected Consultant will hold, on a monthly basis or as needed to
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meet the project schedule, project conference calls with the City to update Staff on the
progress of the Consultant's review; identify any issues; review and refine pending
deliverables; and track the schedule of the Consultant's review.
Task 2 – Data Collection, Review and Evaluation
a. The selected Consultant will acquire, review and evaluate various existing documents in
order to familiarize themselves with the environmental issues that apply to the project site.
b. The selected Consultant will provide the City with a data needs list, if needed.
Task 3 – Preparation of Technical Studies
The Consultant shall:
a. Review all technical documents prepared and submitted by Developer’s Consultant and shall
make written recommendations to City staff on their content and validity.
b. Identify the need for additional technical studies.
The following studies will be prepared by the Developer’s environmental consultant: Noise Level
Calculations, Health Risk (HRA), Trip Generation Memorandum, AQ-GHG Emission Modeling, and
Cultural Resources Letter Report.
Task 4 – Initial Study – Review
a. The selected Consultant will prepare the draft Initial Study, (Mitigated) Negative Declaration
and all technical documents that are prepared by the Developer’s environmental consultant
to support the findings in the draft Initial Study. The review will be to determine/verify that the
documents are the following:
• Complete and accurate;
• Consistent with the City's General Plan and Development Code;
• Complies with all applicable environmental laws, regulations, rules, and requirements; and
• Legally defensible and does not expose the City to liability due to any errors and/or
omissions
b. The selected Consultant will submit written comments (corrections, questions, requests for
more information, etc.) to the City following the review of the draft documents.
c. The selected Consultant will prepare the resubmitted draft Initial Study and/or resubmitted
technical documents to ensure that the comments were addressed. Any remaining issues will
be identified and sent to City Staff in written format.
d. The selected Consultant will inform the City that the draft Initial Study is ready for public review.
Task 6 –Response to Comments, and Mitigation Monitoring and Reporting Program.
a. The selected Consultant will review all comments received during the public review period of
the environmental document. The selected Consultant will prepare responses completely
and accurately and provide a list to the City of those comments. This list shall be provided as
both a hardcopy and electronic copy. Assume two rounds of review.
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Task 7 Attend Public Meetings and Hearings
a. The selected Consultant will attend all Planning Commission public hearing(s) for the project,
and as needed, provide responses to technical comments/questions regarding the
environmental documentation (if any) from the Planning Commission.
b. The selected Consultant will attend all City Council public hearing(s) for the project, and as
needed, provide responses to technical comments/questions regarding the environmental
documentation (if any) from the City Council.
Task 8 –Staff Augmentation
Consultant will prepare environmental findings to be included in the Resolution adopting the
Mitigated Negative Declaration and shall prepare the Environmental portion of the Staff Report. The
Consultant shall also represent the City in AB 52 consultation, as needed.
C. Schedule
All work must be completed according to the City’s schedule of review and within all legal
deadlines.
D. Budget
The proposal must include a budget with an itemized list of personnel tasks, their descriptions, and
costs, and the hourly rates for time and materials.
E. Submittal Requirements
One (1) original copy and one (1) digital copy of the proposal must be submitted and must be
signed by the individual or company official with the power to bind the company in its proposal.
Proposals, including fee proposals, must be submitted to:
City of Grand Terrace
Planning and Development Services Department
Attn: Steve A. Weiss, AICP
22795 Barton Road
Grand Terrace, CA 92313
Submit Proposals by 1:00 p.m. on January 15, 2021.
Proposals received after this designated date and time will not be considered and will be returned
to the submitting firm unopened and marked “Late Submittal.” Electronic transmittals of proposals
will not be accepted in lieu of hard copies.
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At a minimum, proposals should include:
1. Cover Letter. Provide a cover letter that includes the name, address, phone number, and
email address of the primary contact with information that identifies the capacity of this
person.
2. Statement of Qualifications. Describe the consulting firm's qualifications and experience
related to environmental document review, including areas of expertise. Identify whether
specific areas will be subcontracted and to whom.
3. Experience with Similar Projects: Provide a list of at least three (3) or more similar projects
that the consulting firm and staff proposed for assignment and have successfully completed.
4. References: Please provide at least three (3) references for other similar work that has been
performed.
5. Legal Entity: Describe the legal entity with which the City would contract including the
structure of the anticipated partnership agreement(s) and ownership interests in the project.
Include length of time in business and the number of employees.
6. Project Management: Identify the members of the project team, including the senior-
level project manager, key consultants, and sub-consultants; include their names and
positions, their qualifications, list of similar projects in which they assumed substantial
roles, and responsibilities related to the assignment. It is expected that individuals
identified as the project team will be actively involved throughout the project.
7. Scope and Budget: Provide a narrative that explains your approach to meeting the
specifications stated in this Request for Proposal. Include a description of the
approach for the project, including, but not limited to:
• Detailed scope of work that incorporates the requirements provided in this Request
for Proposal;
• Ability to be responsive to the schedules of the City;
• A budget that clearly shows a breakdown by tasks and products within the scope of
work, including hourly rates for staff members, number of hours for each task or
product, and the fee structure for additional work outside the scope of the contract
for any optional items.
8. Capacity. A statement that the consultant firm(s) has sufficient staff resources and
capability to perform the work contained within this Request for Proposal within the
specified timeframe.
F. Evaluation
Each proposal will be evaluated by the City based on the following criteria:
• Conciseness and clarity.
• Professional qualifications, experience, and capability of the lead project manager and
consultant team that is assigned to the project.
• Ability of the consultant firm to commit the personnel and time necessary to complete the
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project in the time frame outlined in this RFP.
• Record of ability and experience with similar type projects.
• Demonstration of a clear understanding of the project and the work to be performed.
• Competitive cost and efficient use of the budget to deliver the requested work product.
City staff will review all proposals received. The City reserves the right to reject any or all proposals
submitted and is not liable for any precontractual expenses. The City reserves the right to negotiate
the project deliverables and associated costs. Additionally, the City may, for any reason decide not
to award an agreement as a result of this RFP process.
Please submit all questions in writing to Steven A. Weiss, Planning and Development Services
Director at sweiss@grandterrace-ca.gov by January 15, 2021, by 1:00 p.m. Written responses
will be provided via email, and any subsequent changes in the RFP from the date of issuance to
the date of submittal will result in an addendum by the issuing office.
G. Professional Services Agreement
The award of a professional services agreement resulting from the RFP shall include terms and
conditions similar to those referenced in the City’s standard agreement, which is attached.
Exceptions proposed by the consulting firm, if any, to the terms and conditions included in the City’s
standard agreement should be included in the response. The City reserves the right to consider any
proposed exceptions during its evaluation of the acceptability of a proposal.
Estimated Timeline
• Request for Proposals Issued December 17, 2020
• Proposals Due January 15, 2021
• City Council Approval (if needed) February 23, 2021
(The City Manager is authorized to approve all contracts of $10,000 or less)
Attachments
• Project Information
• Professional Services Agreement Template
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Environmental Services, Condor Energy Storage Project January 15, 2021
City of Grand Terrace, California
23
Condor Energy Storage Project, January 27,2021
Hrs@ $195 Hrs@ $125 Hrs@ $195 Hrs@ $135 Hrs@ $195 Hrs@ $150 Hrs@ $90
Task
1 Project Initiation/Data Collection 4 $780 8 $1,000 1 $195 $0 1 $195 $0 4 $360 18 $2,530 $2,530
2 Gen'l Bio. Resources Assessment $0 $0 10 $1,950 46 $6,210 $0 $0 5 $450 61 $8,610 $8,610
3 Admin Draft IS/MND 6 $1,170 48 $6,000 $0 $0 6 $1,170 26 $3,900 6 $540 92 $12,780 $12,780
4 Public Draft IS/MND 4 $780 12 $1,500 $0 $0 1 $195 2 $300 6 $540 25 $3,315 $3,315
5 Prepare Final Documents - MMRP, RTC, NOD 4 $780 16 $2,000 $0 $0 2 $390 $0 $0 22 $3,170 $3,170
6 Public Hearings & Staff Augmentation 8 $1,560 $0 $0 $0 $0 $0 $0 8 $1,560 $1,560
7 Project Management 16 $3,120 $0 $0 $0 $0 $0 4 $360 20 $3,480 $3,480
8 AB 52 Support $0 $0 $0 $0 $0 $0 $0 0 $0 $1,500 $1,500
42 $8,190 84 $10,500 11 $2,145 46 $6,210 10 $1,950 28 $4,200 25 $2,250 246 $35,445 $1,500 $0 $36,945
Direct Costs/Expenses $800
$37,745
9 Jurisdictional Delineation $0 $0 12 $2,340 52 $7,020 $0 $0 4 $360 68 $9,720 $9,720
10 Peer Review of Fire Protection/Suppresion Plan $0 $0 $0 $0 $0 $0 $0 0 $0 $13,200 $13,200
0 $0 0 $0 12 $2,340 52 $7,020 0 $0 0 $0 4 $360 68 $9,720 $0 $13,200 $22,920
42 $8,190 84 $10,500 23 $4,485 98 $13,230 10 $1,950 28 $4,200 29 $2,610 314 $45,165 $1,500 $13,200 $59,865
OPTIONAL LABOR SUBTOTAL
GRAND TOTAL
Optional Tasks
Professional Fees
Totals
MIG, Inc.
MIG
Admin. & WPAQ, Noise
Director Ptrutner ES Dir ect or
Kempton
Revised Budget For Environmental Services
Sr. AQ & Noise
Analyst
Bio. Resources
Director
TOTAL PROJECT COSTS
MIG
Totals
Hile
Analyst
Prasse
Sr. Biologist
Dugan
LABOR SUBTOTAL
Campbell
CRM
Tech
Gleason
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Environmental Services, Condor Energy Storage Project January 15, 2021
City of Grand Terrace, California
25
SCHEDULE
We anticipate that the review of the applicant-provided technical studies and the preparation of the General Biological Resources Assessment can be completed within five weeks following the
kickoff meeting. If the preparation of a Jurisdictional Delineation is necessary, an additional two weeks (seven weeks total) will be needed.
Once the review/preparation of technical studies is completed the Administrative Draft IS/MND could then be finished in another three weeks. We estimate that it will take another five (5) weeks to complete the final Public Draft IS/MND, including an estimated three (3) week review time for
the City, and two (2) weeks for MIG to make final revisions based on the City’s review. The table below illustrates the estimated schedule for this project.
Activities Weeks Cumulative Weeks
Kick Off Meeting 1 1
Technical Analyses Complete (Except
Cultural Resources Records Search)
6 7
Admin. Draft IS/MND 9 10
Public Draft IS/MND Completed 5 15
30 Day Public Review 4 15-19
Public Hearing TBD
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council Item
TITLE: Grand Terrace Special Events List for Calendar Year 2021
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Receive and File 2021 Community Events and Approve
Inclusion of Class of 2021 Parade as a one Time City
Sponsored Event
2030 VISION STATEMENT:
This staff report identifies the monthly tasks associated with the delivery of projects to
support the City Council’s Goal #4 by highlighting the successful community
partnerships and working collaboratively with community groups.
BACKGROUND:
Over the last several years, the City of Grand Terrace sponsored and supported many
community activities and events. However, due to COVID-19 many community events
were canceled in 2020. As our community begins to re-open, staff believes several of
our annual community events can be held in 2021 with some additional safety
precautions. Below is a list of activities for 2021:
Community Events Date Managed by City /
Provide Support
Rabies Vaccination Clinic TBD Managed by City
Walk on Blue Mountain 7-Mar-21 Managed by City
American Red Cross Blood Drive 6-Apr-21 Provide Support
Community Cleanup Day/Wall Painting 24-Apr-21 Provide Support
State of the City TBD Provide Support
Art Show Canceled Managed by City
Household Hazardous Waste Collection 22-May-21 Managed by City
Memorial Day 31-May-21 Provide Support
Community Day Canceled Managed by City
Bulky Item Pickup TBD Managed by City
Summer Recreational Activities TBD Managed by City
Movies in the Park TBD Managed by City
Halloween Trunk or Treat 31-Oct-21 Managed by City
Country Fair Canceled Managed by City
Veterans Day TBD Provide Support
Light Up Grand Terrace TBD Managed by City
G.7
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The City has an outstanding relationship with community partners and volunteers that
do an outstanding job and spend hundreds of hours on these events that take place in
community spaces.
DISCUSSION:
While the City of Grand Terrace canceled many of its special event for 2020, several
impromptu parades popped up throughout the year (Class of 2020, Trump Rally,
Christmas Classic Car Parade with Santa). None of the events applied for or received
special event permits. However, to protect the public safety, the Sheriff’s Department
provided some oversight of the events.
Parents of the Class of 2021 requests the City host a parade to celebrate youth and the
graduating Class of 2021. The parents approached the City because a significant
portion of the parents are volunteers in many other civic activities and wanted to host a
legitimate activity because students of the Class of 2021 was unable to attend school
and missed out on all senior activities. The Class of 2021 is not an official nonprofit or
business. Therefore, they are unable to secure necessary documents to receive a
special events permit.
Staff has determined the cost for the event would be less than $3,000 after insurance
and Sheriff costs for traffic control. The parents of the Class of 2021 would like to have
the parade start at Richard Rollins Park (Attachment I). Staff will work closely with
Sheriff’s Department to determine safest route. Parents of the Class of 2021 will be
required to meet with the City’s special events committee.
If the Council approves the parade for the Class of 2021, staff will add the event to our
community events calendar for 2021. Consistent with our existing planning process,
each event will be planned by the City’s special event committee. City Staff, Police, Fire,
Public Works staff convene with the event coordination team and determine resources
needed to support the event. The City’s overall goal is to ensure residents are safe
during the event and resources are available to ensure unexpected circumstances are
easily addressed to allow the event to continue without disruption.
FISCAL IMPACT:
The City estimates the overall costs to sponsor and support the events is approximately
$14,000. The estimated costs include staff time and additional materials for the events.
The estimated costs are already included in the City’s approved budget.
ATTACHMENTS:
• Attachment I - Parade Map Options (PDF)
City Birthday Potluck Canceled Managed by City
2021 Senior Class Parade 20-May-21 Provide Support
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APPROVALS:
G. Harold Duffey Completed 04/08/2021 5:45 PM
City Attorney Completed 04/08/2021 8:11 PM
Finance Completed 04/09/2021 8:47 AM
City Manager Completed 04/09/2021 10:10 AM
City Council Pending 04/13/2021 6:00 PM
G.7
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G.7.a
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council Item
TITLE: Approval of Professional Services Agreement for Interim
Finance Director and Administration Services with Rogers,
Anderson, Malody and Scott, LLP
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: 1. Approve a Professional Services Agreement for
Interim Finance Director and Administration Services with
Rogers, Anderson, Malody and Scott, LLP with a not to
exceed amount of $127,500.
2. Authorize the Mayor to execute the Professional
Services Agreement subject to the City Attorney’s approval
as to form.
2030 VISION STATEMENT:
This staff report supports the Goal #1 - To “Ensure our Fiscal Viability” through the
continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The Assistant City Manager/Finance Director will be leaving the City, effective in April-
2021.
The City contacted several consulting firms to seek interim finance director and
administration services until such time that the City can fill its vacant positions.
DISCUSSION:
At the exiting of the Assistant City Manager/Finance Director, the City will have two (2)
vacant executive positions. The above-mentioned position and its Public Works Director
position, which is currently filled by an interim consultant from Interwest Consulting. It is
the City’s intent to fill both vacant position(s) and is contemplating seeking the
assistance of firms whose objectives are to place qualified candidates in municipal
executive positions. City staff will reach out to several firms and will return to City
Council with a comprehensive recruitment plan to fill both executive positions. The City
expects to complete recruitment and fill both positions prior to July 1, 2021.
G.8
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In order to continue the day-to-day operations of the Finance Department (including
Finance Director), staff sought quotes from different firms to provide finance director
and finance administration/consulting services to provide the following services:
• Provide Interim Finance Director services, including supervision of Finance staff;
• Be onsite at City Hall on Tuesdays and Wednesdays and as needed;
• Attend City Council meetings;
• Prepare and review Staff Reports for City Council meetings;
• Review and submit the quarterly Treasurer’s Report, the monthly Check Register
report, the Monthly/Quarterly Financial Report (General Fund) to City Council for
approval;
• Review and approve routine account and statement reconciliations, including but
not limited to accounts receivable and cash account reconciliations;
• Review monthly recurring journal entries;
• Review and approve the weekly check register run;
• Review or provide accounting assistance in closing the City’s books each month;
• Prepare the Monthly Departmental Activity Reports;
• Prepare or supervise staff in completing the auditors annual requested
workpapers or providing requested documents;
• Be available to work with the auditors;
• Assist in the preparation of the annual budget;
• Assist the City with the closing of the Successor Agency;
• Attend staff meetings as required;
• Advise and assist regarding compliance with federal, state, and local financial
reporting.
Below is a summary of the three (3) firms City staff contacted:
Firm Average
Hours
per
week
Average
Hourly
Cost
Average
Monthly
Cost
Consideration Familiarity with Grand
Terrace
1 Rogers,
Anderson,
Malody &
Scott
(RAMS)
30 $125.00 $15,000.00 Agrees to a fixed
monthly fee,
regardless if
average hours
are exceeded.
Firm was City's prior
auditors, very familiar with
the City's finances; currently
provides Interim Finance
Director services to other
cities (re: Canyon Lake,
Rolling Hills).
2 MV Cheng /
Associates
30 $120.00 $14,400.00 Only allows
hourly billing.
Proposed personnel’s last
interim project was Interim
Accounting Manager,
managing day-to-day, not
necessarily Director level.
3 Regional
Government
Services
(RGS)
30 $135.00 $16,200.00 Only allows
hourly billing.
Firm only allows remote
work (from home) at this
time due to the pandemic.
G.8
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Staff is recommending that City Council approve a professional services agreement
(Attachment A) with Rogers, Anderson, Malody and Scott, LLP to provide interim
finance director and administration services and authorize the Mayor to execute the
professional services agreement subject to City Attorney approval as to form. RAMS
offers staff resources with direct public sector experience serving in senior and
executive management Finance positions with public agencies throughout Southern
California as shown in their attached proposal (Attachment B).
It is staff’s intent that the vacant positions mentioned above be filled by July-2021;
however, should this be delayed/extended for any reason, the personal services
agreement will continue on a month-to-month basis until filled, or until December-
2021, whichever comes first. The professional services agreement will be capped at
$127,500.
FISCAL IMPACT:
Funding for the agreement with RAMS for the Interim Finance Director and Finance
Administration Services will be derived from salary savings of the newly vacated
Assistant City Manager/Finance Director position. No additional appropriation is
required.
ATTACHMENTS:
• Grand Terrace - RAMS for Interim Finance Director Agreement (2021)
(DOCX)
• City of Grand Terrace Proposal for Interim Finance Admin Svcs (PDF)
APPROVALS:
Cynthia A. Fortune Completed 04/07/2021 7:29 PM
Finance Completed 04/07/2021 7:30 PM
City Attorney Completed 04/08/2021 9:09 AM
City Manager Completed 04/08/2021 9:05 PM
City Council Pending 04/13/2021 6:00 PM
G.8
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01247.0007/707586.5 4/7/2021
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
ROGERS, ANDERSON, MALODY & SCOTT, LLP
for
INTERIM FINANCE DIRECTOR AND ADMINISTRATION SERVICES
G.8.a
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01247.0007/707586.5 4/7/2021
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
ROGERS, ANDERSON, MALODY & SCOTT, LLP FOR
INTERIM FINANCE DIRECTOR AND ADMINISTRATION SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND ROGERS, ANDERSON, MALODY & SCOTT, LLP FOR
INTERIM FINANCE DIRECTOR AND ADMINISTRATION SERVICES” (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 Rogers, Anderson, Malody &
Scott, LLP (“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 Request for
Qualifications, the performance of the services defined and described particularly in Article 1 of
this Agreement.
B. 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
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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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.8.a
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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 Officer 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 One Hundred Twenty Seven Thousand Five Hundred Dollars
($127,500) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.8.
G.8.a
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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.8.a
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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 June 30, 2021. Upon expiration of this initial term, or
any subsequent term, this Agreement shall be automatically extended for succeeding terms of one
(1) month each unless the City provides written notice to Consultant at least 14 days prior to the
expiration of any term of the City’s intention not to extend the term of this Agreement.
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:
Terry P. Shea, CPA Engagement Partner
G.8.a
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(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 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
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time or in any manner represent that it or any of its agents or employees are agents or employees
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.8.a
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(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
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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:
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(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.
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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.8.a
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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
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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.8.a
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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.8.a
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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.8.a
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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.8.a
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01247.0007/707586.5 4/7/2021
-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.8.a
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01247.0007/707586.5 4/7/2021 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
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Rogers, Anderson, Malody & Scott, LLP
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address: 735 E. CARNEGIE DRIVE,
SUITE 100
SAN BERNARDINO, CA 92408
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.8.a
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01247.0007/707586.5 4/7/2021
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.8.a
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01247.0007/707586.5 4/7/2021
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.8.a
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01247.0007/707586.5 4/7/2021 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Consultant will supplement and augment the City of Grand Terrace Finance
Department by providing Principal Accountant, Management Analyst, and Budget
Officer services on an as needed basis and, further, serve in the capacity of City’s
Interim Finance Director (“Interim Finance Director Services”). Interim Finance
Director Services includes, but is not limited to, the following: Consultant will
provide technical assistance and support to the City Manager, City Council, City
Commissions and community and business stakeholders on City Finance
Department programs, policies, activities, accounting support, and projects and
Consultant will provide an Interim Finance Director on-site as agreed upon and in
consultation with the City Manager as well as being available off-site to respond to
questions as needed. As provided below, subject to City Manager’s approval (as
provided above), Consultant has currently assigned Terry P. Shea, CPA as Interim
Finance Director.
B. In providing Interim Finance Director Services, Consultant will also provide
additional related services requested by the City including, but not limited to,
accounting support to the City’s Finance Department. Specific services will
include, but not be limited to, the following:
1. Be onsite at Grand Terrace City Hall on Tuesdays and Wednesdays and as
needed;
2. Attend City Council meetings;
3. Prepare and review staff reports for City Council meetings;
4. Review and provide routine account and statement reconciliations,
including, but not limited to, accounts receivable and cash account
reconciliations;
5. Review the general ledger monthly and provide routine journal entry
adjustments to the general ledger;
6. Review and prepare monthly recurring journal entries;
7. Review and provide accounting assistance in closing the City’s books each
month;
8. Prepare and review monthly financial reports;
9. Prepare, or supervise the City’s principal accountant, management analyst,
and budget officer, as applicable, in completing the City’s auditors annual
requested workpapers or providing requested documents;
G.8.a
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01247.0007/707586.5 4/7/2021 A-2
10. Be available to work with the City’s auditors;
11. Provide guidance and coaching to City Finance Department staff (i.e., the
principal accountant, management analyst, and budget officer, as
applicable) as directed;
12. Supervise the City’s Finance Department (i.e., the principal accountant,
management analyst, and budget officer, as applicable);
13. Assist in the preparation of the City’s annual budget;
14. Assist the City with the closing of the Successor Agency to the Grand
Terrace Redevelopment Agency pursuant to California law;
15. Attend City staff meetings as necessary or requested;
16. Advise and assist regarding compliance with federal, state, and local
financial reporting.
C. As part of providing Interim Finance Director Services, Consultant will also utilize
its knowledge and experience to identify and advise the City Manager on
organizational initiatives and succession planning opportunities to provide
meaningful and sustainable improvements compatible with the vision and direction
of the City Manager. Accordingly, Consultant will establish credibility and trust,
create a collaborative partnership with City staff, and utilize the knowledge of the
organization to gain an understanding of the present and future needs of the City.
Consultant will strive to become an integrated and trusted colleague for staff.
D. During the performance of the work, Consultant will prepare and deliver tangible
work products, including Reports, Studies, Project Updates or other appropriate
work products as requested by the City as appropriate for the specific type of work
assignment.
E. Consultant shall assist in any audit of the Finance Department to identify and
establishing better practices, including but not limited to, better management and
oversight of financial transactions for routine expenditures, City’s compliance with
regulatory reporting, recruiting for permanent department positions, and other areas
Consultant finds are not well organized or operated in the Finance Department.
II. As part of the Services and in addition to any other requirement to provide tangible work
products to City pursuant to this Agreement, Consultant will prepare and deliver tangible
work products as the City may require from time to time.
III. In addition to the requirements of Section 6.2 or any other requirement to provide status
reports in this Agreement, during performance of the Services, Consultant will keep the
City appraised of the status of performance by delivering status reports as the City may
require from time to time.
G.8.a
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01247.0007/707586.5 4/7/2021 A-3
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Limitations on Consultant’s Employees, Agents, and Subcontractors.
A. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor who is currently a member of CalPERS.
B. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor for a duration of six (6) months or more per
fiscal year if full time, or 1,000 hours or more per fiscal year if part time.
C. Consultant shall assume all responsibility for ensuring that its employees, agents,
subcontractors, or independent contractors who are CalPERS retired annuitants
(“Retired Annuitants”) providing services to the City under this Agreement are in
compliance with CalPERS retirement laws, including, but not limited to, provisions
of the Government Code and regulations relating to CalPERS and the employment
of retired annuitants (including, but not limited to, Government Code Sections
7522.56, 7522,57, 21220 to 21230) (“CalPERS Retired Annuitant Regulations”).
D. Consultant warrants and represents that the personnel identified in Section VI of
this Exhibit do not violate this Section V of this Exhibit.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Terry P. Shea, CPA
B. Scott W. Manno, CPA, CGMA
C. Charles De Simoni, CPA, CGMA
G.8.a
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01247.0007/707586.5 4/7/2021 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 5.5 (Additional Indemnification) is hereby added to the Agreement as follows:
“In addition to the requirements set forth in Section 5.3 above (Indemnification),
in the event that Consultant or any employee, agent, subcontractor, or independent
contractor of Consultant providing services under this Agreement claims or is
determined by a federal or state agency, a court of competent jurisdiction, or the
California Public Employees’ Retirement System (“CalPERS”) to be classified as
other than an independent contractor for the City or subject to CalPERS retired
annuitant requirements, then Consultant shall indemnify, defend, and hold harmless
the City for the payment of any and all assessed fines, penalties, judgments,
employee and/or employer contributions to CalPERS, and any other damages and
costs assessed to the City as a consequence of (including interest), or in any way
attributable to, the assertion that Consultant or any of Consultant’s personnel used
to provide the Services under this Agreement are other than independent contractors
of the City or are subject to CalPERS retired annuitant requirements. Consultant
shall also indemnify, defend, and hold harmless the City against all employment
related-claims, including wage claims, and from all applicable federal, state and
local tax and insurance obligations (including but not limited to income tax
withholding, unemployment taxes, FUTA, SDI, state unemployment insurance,
Workers’ Compensation, disability, or other insurance), asserted against or
imposed upon the City as a consequence of, or in any way attributable to, the
assertion that Consultant or any of Consultant’s personnel used to provide services
under this Agreement are other than independent contractors of the City.”
G.8.a
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01247.0007/707586.5 4/7/2021 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following the Services at following rates:
Time Period Compensation
April 14, 2021, to April 30, 2021 $7,500
May 1, 2021, to May 31, 2021 $15,000
June 1, 2021, to June 30, 2021 $15,000
Beginning July 1, 2021 $15,000/month*
*This monthly rate shall be prorated for any partial month of Services rendered on a
calendar day basis.
II. 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.
III. The total compensation for the Services shall not exceed $127,500 as provided in Section
2.1 of this Agreement.
G.8.a
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01247.0007/707586.5 4/7/2021 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services pursuant to the following schedules:
Task Schedule
Interim Finance Director Services 30 hours/week
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.8.a
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CITY OF GRAND TERRACE
Proposal for Professional
Accounting Services
Interim Finance Director/Accounting Support
From April 14, 2021 to June 30, 2021
PREPARED BY:
ROGERS, ANDERSON, MALODY AND SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS
CPA LICENSE NUMBER 2596
FEIN 95-2662063
735 E. CARNEGIE DRIVE, SUITE 100
SAN BERNARDINO, CA 92408
(909) 889-0871
CONTACT: TERRY SHEA, PARTNER
terry@ramscpa.net
ALTERNATE CONTACT PERSON: SCOTT MANNO, PARTNER
smanno@ramscpa.net
April 5, 2021
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
Table of Contents
Page
Transmittal Letter i
Firm qualifications and experience 1
About our firm
Range of services
External quality control review
Disciplinary action
Equal opportunity employer
Breadth of personnel and staffing 3
Assigned personnel
Succession planning
Continuing professional education
References 5
Scope of services 6
Resumes of key engagement personnel 7
Cost proposal for accounting services 10
Attachment A: Recent government clients served
G.8.b
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i
April 5, 2021
City of Grand Terrace
Attn: Cynthia Fortune, Finance Director
22795 Barton Road
Grand Terrace, CA 92313
I am pleased to respond, on behalf of Rogers, Anderson, Malody & Scott, LLP,
(RAMS) to your request for proposal regarding professional accounting services.
As a recognized industry leader, our goal for the past 73 years has been to
provide honest, accurate, objective results to all our clients, including
governmental organizations such as yours. Our success in this effort is
witnessed by both the growth of our firm and the list of long-term clients who trust
us.
This proposal begins by providing some general information about our firm and
its commitment to quality and value. Following the general firm information is a
brief introduction to the team that will be providing the services, and then our
understanding of the scope of work proposed. The attachment includes our cost
proposal. We believe that our fee estimates, and arrangement provides a fair and
reasonable cost, commensurate with the experience of the team members.
We would like to emphasize that our accounting consulting services are highly
customizable to meet the specific needs of the City and may evolve over time.
One of our measures of success is seeing City staff grow their accounting skills
and confidence through our training and coaching. Some of our clients have
projects that are on-going and renew annually, and others have specific projects
with a defined term, such as covering for and employee on temporary leave.
Whatever the City’s short and long-term needs may be, we believe that we can
add value and help you achieve your objectives.
Mr. Shea and Mr. Manno, Partners, are authorized to act on behalf of Rogers,
Anderson, Malody and Scott, LLP. They can be reached at: 735 E. Carnegie
Drive, Suite 100, San Bernardino, CA 92408, (909) 889-0871,
terry@ramscpa.net or smanno@ramscpa.net.
Thank you for the opportunity to serve the City of Grand Terrace. We look
forward to having a long and mutually beneficial association.
Respectfully yours,
ROGERS, ANDERSON, MALODY & SCOTT, LLP
Terry Shea, Certified Public Accountant
Partner
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
-1-
Firm qualifications and experience
About our firm
RAMS was founded in 1948 and is located at 735 E.
Carnegie Drive, Suite 100, San Bernardino, California
and offers the full range of services expected of a full-
service accounting firm. We are one of the oldest and
most trusted and respected CPA firms in Southern
California, with over 73 years of public practice
experience, specializing in governmental agency and
not-for-profit organization auditing, accounting, and
management advisory services. Over twenty thousand
hours per year are devoted to this area of our practice,
which includes cities, redevelopment successor
agencies, water districts, other special districts, not-for-
profit corporations and joint power authorities. We do not use our government accounting and
auditing practice as “fill work” for the firm, it is a primary focus of it.
We understand that organizations desire that its CPA’s have a thorough understanding of the
complex accounting and compliance issues confronting Cities such as yours. Our firm has a long
history of governmental accounting and auditing. Over the years, we have gained valuable
experience, acquired in-depth knowledge, and obtained the technical expertise needed for
governmental accounting and auditing. This expertise has enabled us to provide exceptional, high
quality service and to provide solutions at fees we feel represent our value to our clients. In addition,
we use our participation in various industry associations to continuously update our knowledge with
respect to issues relating to governmental accounting, auditing, and operations. Any insight we gain
is immediately passed on to our clients if we feel they will benefit from it.
Our firm has a total staff of thirty-three people, which includes eighteen certified public accountants.
The staff consists of six partners, four managers, eight supervisors/senior accountants, ten staff
accountants and five support staff. The primary proposed team assigned to the City’s engagement
will consist of the following full-time staff: two partners and one manager and one staff.
Range of services
Our firm provides a wide range of diverse accounting and related services in addition to auditing and
attest services to governmental and not-for-profit entities, including but not limited to:
Finance director and accounting support services
Accounting system setup and related software implementation
Study and evaluation of financial condition and fiscal policies
Transient Occupancy Tax Agreed Upon Procedures
Franchise (refuse, cable) Agreed Upon Procedures
Accounting policies and procedures
Capital improvement program procedures and policies
Franchise agreement assistance (ambulance, cable, television, refuse, etc.)
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
____________________________________________________________________________
-2-
Firm qualifications and experience (continued)
External quality control review
As a member of the AICPA Private Companies Practice Section, our firm has participated in “Peer
Review” since 1993 and has been examined every three years since that date. Participation in this
program ensures that all of our engagements meet the standards of the AICPA, the Yellow Book and
the California State Board of Accountancy. Throughout our participation in this program, the firm has
received pass ratings from the peer reviewers. The latest review below included reviews of specific
governmental entities.
During the current review, an
independent firm reviewed our policies
and procedures and then inspected a
representative sample of engagement
workpapers and reports, including
governmental entities and
engagements subject to single audit.
For the year ended November 30,
2017, our firm received a rating of pass
which indicates our auditing practice is
suitably designed and complied with to
provide reasonable assurance of
performing and reporting in conformity
with applicable standards. The results
provide confirmation that the custom
audit approach and procedures we use
are technically sound and in
compliance with applicable standards.
The firm is not aware of any federal or
state desk reviews or field reviews of
its audits during the last three years.
Disciplinary action
The firm has never had any
disciplinary action taken or pending
against it with state regulatory bodies
or professional organizations, nor has it
ever had any pending or settled
litigation, civil or criminal investigations.
Our firm does not have a record of substandard work.
In addition to the external quality control review, our firm performs in-house peer reviews over our
audit and attest engagements annually.
Equal Opportunity Employer
Our firm is an equal opportunity employer and is committed to providing employment opportunities to
all qualified persons regardless of race, color, sex, religion, national origin or handicap.
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
____________________________________________________________________________
-3-
Breadth of personnel and staffing
Assigned personnel
It is our goal to provide the City with capable, competent, and personable individuals who offer an
extensive background, not only in governmental accounting, but also in general business practices. We
offer practical solutions, as well as provide technical support. This enables you to stay at the forefront of
governmental accounting and provides you with the support you need in dealing with the complex issues
confronting governments such as yours.
We have a variety of professionals with specialized skills that may be involved with various aspects of this
engagement. However, the primary individuals proposed to be assigned to the engagement are as
follows:
Terry Shea, CPA – Engagement Partner
Terry is a municipal audit partner with the firm and will be the engagement partner. Mr. Shea has
been in public accounting for 39 years serving local governments such as yours. Mr. Shea
provides real world experience to all our governmental engagements. He has gained this
experience by serving as interim/contract finance director for several cities over the years. He
served as Interim Finance Director for the City of Perris from July 1998 to October 2001 and the
City of Eastvale from October 2010 to December 2014. He currently serves as the Contract
Finance Director for one Riverside County city and one Los Angeles County city.
Scott W. Manno, CPA, CGMA – Secondary Partner
Scott is a municipal audit partner with the firm and will be the secondary partner. He is licensed to
practice as a certified public accountant in the State of California. He has been in public
accounting for over 25 years specializing in serving local governments such as yours. As the
secondary partner, he will be responsible to assist the City in case Mr. Shea is unavailable or on
vacation. Scott will be kept up to date on all aspects of the engagement and will be able to step in
if needed.
Charles De Simoni, CPA, CGMA - Engagement Manager
Charles is a manager with the firm. He is licensed to practice as a certified public accountant in
the State of California. Charles has over 11 years of public accounting experience and has
provided accounting, auditing, and consulting services for municipalities, special districts, water
agencies, and various not-for-profit organizations. He will work directly with Scott and Terry and
be available to assist the City with all aspects for the Finance Department.
Other professional staff as needed.
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
____________________________________________________________________________
-4-
Succession planning
Continuity of staff is a principal concern with our firm. Therefore, we plan to provide staff continuity for the
length of the term of the contract, which is in the best interest of the City and our firm, thus ensuring an
orderly, efficient, and less disruptive experience by competent professionals. Since we cannot guarantee
that our staff will remain with us, principal supervisory and management staff, including engagement
partners, managers, other supervisory staff, and specialists, may be changed if those personnel leave the
firm or are promoted.
Continuing professional education
All professionals at our firm participate in continuing professional education programs which are
sponsored by various organizations including the Government Finance Officers Association, the
American Institute of Certified Public Accountants, the California State Society of Certified Public
Accountants, the California Society of Municipal Finance Officers, and the Association of Government
Accountants. Participation in these classes helps us to ensure that our clients are receiving the best
trained and proficient government accountants available.
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
-5-
References
1. Entity: CITY OF CANYON LAKE
Scope of Work: Finance Director and Monthly Accounting Services
Date: January 2000 to present
Engagement Partner: Mr. Terry Shea
Contact Person: Mr. Chris Mann, City Manager, (951) 246-2025
chrismann@canyonlake.gov
2. Entity: CITY OF ROLLING HILLS
Scope of Work: Finance Director and Monthly Accounting Services
Date: January 2012 to present
Engagement Partner: Mr. Terry Shea
Contact Person: Ms. Elaine Jeng, City Manager, (310) 377-1521
ejeng@cityofrh.net
3. Entity: RUNNING SPRINGS WATER DISTRICT
Scope of Work: Monthly and Annual Accounting Services
Date: July 2010 to current
Engagement Partner: Mr. Scott Manno
Contact Person: Mr. Ryan Gross, General Manager, (909) 827-2766
rgross@runningspringswd.com
4. Entity: CRESTLINE SANITATION DISTRICT
Scope of Work: Monthly and Annual Accounting Services
Date: September 2010 to current
Engagement Partner: Mr. Brad Welebir
Contact Person: Mr. Rick Dever, General Manager, (909) 338-1751
redever@crestlinesanitation.com
5. Entity: INLAND EMPIRE RESOURCE CONSERVATION DISTRICT
Scope of Work: Monthly and Annual Accounting Services
Date: July 2017 to present
Engagement Partner: Mr. Brad Welebir
Contact Person: Ms. Mandy Parkes, General Manager, (909) 799-7407
mparkes@iercd.org
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
-6-
Scope of services
We will provide temporary Interim Finance Director services for the City from April 14, 2021 to June 30,
2021. Terry Shea, CPA will be assigned to that roll. In addition, we will provide additional accounting
support to the City’s Finance Department as needed from other employees of the Firm.
Based on discussion with City staff and services as requested we will perform the following services for
the City:
Provide Interim Finance Director services.
Be onsite at City Hall on Tuesdays and Wednesdays and as needed.
Attend City Council meetings.
Prepare and review Staff Reports for City Council meetings.
Review or provide routine account and statement reconciliations, including but not limited to
accounts receivable and cash account reconciliations.
Review the general ledger monthly and provide routine journal entry adjustments to the
general ledger.
Review or prepare monthly recurring journal entries.
Review or provide accounting assistance in closing the City’s books each month.
Prepare or review monthly financial reports.
Prepare or supervise staff in completing the auditors annual requested workpapers or
providing requested documents.
Be available to work with the auditors.
Provide guidance and coaching within the Finance department as directed.
Supervise the Accounting Staff.
Assist in the preparation of the annual budget.
Assist the City with the closing of the Successor Agency.
Attend staff meetings as necessary or requested.
Advise and assist regarding compliance with federal, state, and local financial reporting.
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
-7-
Key personnel
Terry P. Shea, CPA
Engagement Partner
Professional experience
Mr. Shea began his career with Thomas, Byrne and Smith in 1981.
He spent five years with the firm primarily working on audits of
municipalities, special districts, redevelopment and other
governmental agencies. He joined Rogers, Anderson, Malody &
Scott, LLP in 1987 where he has completed governmental audits
including municipalities and provided financial consulting services for
various cities.
Education/licenses
Bachelor of Arts degree from California State University, Fullerton
Certified Public Accountant - State of California
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
City of La Mesa* City of Loma Linda* City of Riverside* City of Grand Terrace*
City of San Jacinto* City of El Cajon* City of Ojai City of 29 Palms
City of Indian Wells City of Corona* City of Coachella City of Fillmore*
City of Calabasas City of Goleta City of Redondo Beach City of Indio*
City of Poway City of Menifee City of Aliso Viejo City of Lawndale
Mr. Shea served as the Interim Finance Director for the City of Perris from July 1998 to October 2001. He
served as the Contract Finance Director for the City of Eastvale from October 2010 to December 2014, which
was a newly incorporated city. He currently serves as the Contract Finance Director for one Riverside County
city and one Los Angeles County city.
Continuing professional education
Mr. Shea has completed over 120 hours of continuing professional education courses in the past three years,
of which, the following select courses are relevant to this engagement:
American Institute of Certified Public Accountants, Foundations in Governmental Accounting
American Institute of Certified Public Accountants, Governmental and Not-for-Profit Conference
California Society of CPAs Education Foundation, Governmental Accounting
Professional affiliations
Mr. Shea is a member of the following professional organizations:
American Institute of Certified Public Accountants (AICPA)
California Society of Certified Public Accountants (CalCPA)
Government Finance Officers Association (GFOA)
California Society of Municipal Finance Officers (CSMFO)
G.8.b
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
-8-
Key personnel (continued)
Engagement team resumes
Scott W. Manno, CPA, CGMA
Secondary Partner
Professional experience
Mr. Manno began his career with Thomas, Bigbie and Smith in 1995 after
serving in the United States Army. He spent six years with the firm primarily
working on audits of municipalities, special districts and redevelopment
agencies as well as various not-for-profit organizations. He joined Rogers,
Anderson, Malody & Scott, LLP in July 2001. Currently, Mr. Manno serves as
a technical reviewer for the GFOA CAFR Award program. Since 2010, Mr.
Manno has been serving as a technical volunteer on the California Special
Districts Association Audit Committee and is also on the Association’s fiscal
committee providing accounting and fiscal program guidance. Also, Mr.
Manno has done presentations on fraud.
In addition, he is part of the California State Society of Certified Public
Accountants Governmental Accounting and Auditing Committee which meets
periodically to discuss current events, pronouncements, etc.
Education/licenses
Bachelor of Science degree from California State University, San Bernardino
Certified Public Accountant - State of California
Chartered Global Management Accountant - American Institute of Certified Public Accountants
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
City of El Cajon* Town of Yucca Valley City of La Mesa* City of La Verne
City of Sierra Madre* City of Fillmore* City of Chino* City of 29 Palms
City of Moreno Valley* City of Beaumont* City of San Marcos* City of Loma Linda*
City of Claremont City of Perris* City of Exeter* City of Woodlake*
City of San Jacinto* City of Menifee City of Aliso Viejo City of Poway*
Mr. Manno has completed over 220 hours of continuing professional education courses over the past three years of
which the following select courses are relevant to this engagement:
Association of Certified Fraud Examiners, Fraud Related Internal Controls
American Institute of Certified Public Accountants, Governmental Accounting and Auditing Update
San Diego County Treasurer, Fraud Prevention and Ethics Synposium
Professional affiliations
Mr. Manno is a member of the following organizations:
American Institute of Certified Public Accountants (AICPA)
California Society of Certified Public Accountants (CalCPA)
Association of Government Accountants (AGA)
Association of Certified Fraud Examiners (ACFE)
Government Finance Officers Association (GFOA)
California Special Districts Association (CSDA)
California Society of Municipal Finance Officers (CSMFO)
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
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Key personnel (continued)
Charles De Simoni, CPA, CGMA
Audit Manager
Professional experience
Mr. De Simoni joined Rogers, Anderson, Malody & Scott, LLP in
January 2009. He works primarily on audits of governmental agencies,
small to mid-sized businesses, and nonprofit organizations. Prior to
joining our firm, he worked at Jasper Engines, where he was assistant
branch operations manager.
Education/licenses
Bachelor of Science, Business Administration – California State
University,
San Bernardino
Certified Public Accountant – State of California
Chartered Global Management Accountant – American Institute of Certified
Public Accountants
Related professional experience
Partial listing of relevant governmental agencies served (*includes enterprise fund accounting):
San Bernardino Valley
Municipal Water District
Big Bear Area Regional
Wastewater Authority
Elsinore Valley
Municipal Water District
Crestline-Lake Arrowhead
Water Agency
Valley Water Company East Valley Water District City of West Covina* City of Sierra Madre*
City of Hawthorne* City of Loma Linda City of Redondo Beach* City of West Covina*
City of Fillmore* City of Ojai* City of Beaumont* City of Calabasas*
Continuing professional education
Mr. De Simoni has completed over 120 hours of continuing professional education courses in the past three
years of which the following select courses are relevant to this engagement:
California Society of Municipal Finance Officers, GASB Update
California Society of Municipal Finance Officers, GASB 75 Case Study
California Society of Municipal Finance Officers, OPEB
California Society of Municipal Finance Officers, GASB 87: Lease Accounting
Wolters Kluwer CPE Link, Governmental Accounting and Auditing Update
Wolters Kluwer CPE Link, Government Auditing: Current Developments
Wolters Kluwer CPE Link, Sub-recipient Monitoring Under Uniform Guidance
Professional affiliations
Mr. De Simoni is a member of the following professional organizations:
American Institute of Certified Public Accountants (AICPA)
California Society of Certified Public Accountants (CalCPA)
Government Finance Officers Association (GFOA)
California Society of Municipal Finance Officers (CSMFO)
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CITY OF GRAND TERRACE
PROPOSAL FOR PROFESSIONAL ACCOUNTING SERVICES
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Cost proposal for accounting services
The cost for the services provided is as listed below:
Period Total
April 14 to April 30, 2021 7,500$
May-21 15,000
June-21 15,000
Total 37,500$
If the City needs additional time after June 2021, it would be $15,000 per month, the amount would
be prorated if it less than a month. Or after June 30, 2021 we could provide hourly services to the
City and depending on the Staff level the hourly rates would be between $100 and $150 per hour.
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Attachment A
RECENT GOVERNMENT CLIENTS SERVED
CSMFO/
GFOA Successor Housing
Government Client Years Served Awards Agency Authority
City of El Cajon 06/30/07 to 06/30/20 Yes Yes Yes
City of Exeter 06/30/17 to 06/30/20
City of Woodlake 06/30/17 to 06/30/20
Town of Yucca Valley 06/30/08 to 06/30/20 Yes Yes Yes
City of La Verne 06/30/11 to 06/30/20 Yes Yes Yes
City of San Jacinto 06/30/11 to 06/30/20 Yes Yes
City of Twentynine Palms 06/30/11 to 06/30/20 Yes Yes Yes
City of La Mesa 06/30/11 to 06/30/20 Yes Yes
City of Menifee 06/30/14 to 06/30/20 Yes
City of San Marcos 06/30/14 to 06/30/20 Yes Yes Yes
City of Redondo Beach 06/30/12 to 06/30/16 Yes Yes Yes
City of Loma Linda 06/30/13 to 06/30/20 Yes Yes Yes
City of Sierra Madre 06/30/12 to 06/30/20 Yes Yes Yes
Successor Agency to the County of SB 06/30/14 to 06/30/20
City of Hawthorne 06/30/16 to 06/30/20 Yes Yes Yes
City of West Covina 06/30/16 to 06/30/20 Yes Yes Yes
City of Aliso Viejo 06/30/16 to 06/30/20 Yes No No
City of Claremont 06/30/16 to 06/30/20 Yes Yes Yes
City of Thousand Oaks 06/30/18 to 06/30/20 Yes Yes Yes
City of South Pasadena 06/30/18 to 06/30/20 Yes Yes
City of Rolling Hills Estates 06/30/19 to 06/30/20
City of Poway 06/30/14 to 06/30/19 Yes Yes Yes
City of Capitola 06/30/12 to 06/30/18 Yes Yes Yes
City of Fillmore 06/30/08 to 06/30/18 Yes Yes Yes
City of Chino 06/30/11 to 06/30/16 Yes Yes Yes
City of Rosemead 06/30/11 to 06/30/17 Yes Yes Yes
City of Moorpark 06/30/12 to 06/30/17 Yes Yes Yes
City of Calabasas 06/30/20 Yes Yes Yes
City of Lawndale 06/30/20 Yes Yes Yes
City of San Bernardino 06/30/20 Yes Yes Yes
Town of Windsor 06/30/19 Yes Yes
City of Ojai 06/30/20 Yes Yes
City of Moreno Valley 06/30/20 Yes Yes Yes
City of Beaumont 06/30/20 Yes Yes
Crestline Village Water District 04/30/96 to 04/30/20
Crestline-Lake Arrowhead Water 06/30/98 to 06/30/20
San Bernardino Valley Muni Water District 06/30/04 to 06/30/20
Elsinore Valley Municipal Water District 06/30/15 to 06/30/20 Yes
Ventura Regional Sanitation District 06/30/07 to 06/30/19 Yes
Saticoy Sanitary District 06/30/07 to 06/30/19
Pine Cove Water District 06/30/10 to 06/30/20
Western Municipal Water District 06/30/11 to 06/30/16 Yes
WRCRWA 06/30/11 to 06/30/16
Vista Irrigation District 06/30/11 to 06/30/16 Yes
Idyllwild Water District 06/30/11 to 06/30/20
G.8.b
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Attachment A
(continued)
RECENT GOVERNMENT CLIENTS SERVED (continued)
CSMFO/
GFOA Successor Housing
Government Client Years Served Awards Agency Authority
Vallecitos Water District 06/30/15 to 06/30/18 Yes
Big Bear Area Regional Wastewater 06/30/12 to 06/30/20 Yes
Beaumont Basin Watermaster 06/30/13 to 06/30/19
Mojave Water Agency 06/30/19 to 06/30/20
Costa Mesa Sanitary District 06/30/15 to 06/30/17 Yes
Beaumont Cherry Valley Water District 12/31/17 to 12/31/20 Yes
United Water Conservation Agency 06/30/15 to 06/30/19 Yes
Inland Empire Resource Cons. District 06/30/04 to 06/30/16
Rosamond Community Services District 06/30/15 to 06/30/20
Rossmoor Community Services District 06/30/05 to 06/30/20
Rim of the World Park & Rec. District 06/30/06 to 06/30/20
Ventura County Regional Energy 06/30/07 to 06/30/19
Heartlands Communications Fac Auth 06/30/07 to 06/30/20
Heartlands Fire Training Authority 06/30/07 to 06/30/20
Consolidated Fire Agencies 06/30/14 to 06/30/20
Riverside County Habitat Con. Agency 06/30/15 to 06/30/20
Santa Ana Watershed Association 12/31/09 to 12/31/18 Capistrano Bay Community Services
District 06/30/13 to 06/30/20
Ventura County Public Fin Authority 06/30/12 to 06/30/20
Nipomo Community Services District 06/30/16 to 06/30/20 Yes
SBIAA 06/30/17 to 06/30/20
West Valley San Bernardino Water
District 06/30/17 to 06/30/19
WRCOG 06/30/17 to 06/30/20
Yes
San Diego Workforce Partnership 06/30/16 to 06/30/20
Rubidoux Community Services District 06/30/16 to 06/30/20
CSUSB - Student Union 06/30/05 to 06/30/19
CSUSB - Associated Students Inc. 06/30/10 to 06/30/19
CSUSB - Philanthropic Foundation 06/30/11 to 06/30/19
CSUSB - University Enterprise Corp. 06/30/11 to 06/30/19
Helendale Community Services District 06/30/10 to 06/30/18
Conejo Recreation and Park District 06/30/19 to 06/30/20
Upper San Gabriel Valley MWD 06/30/19 to 06/30/20
March Joint Powers Authority 06/30/19 to 06/30/20
Chino Basin Desalter Authority 06/30/19 to 06/30/20
Mountains Recreation and Conservation 06/30/19 to 06/30/20
Triunfo Sanitation 06/30/20
Yucca Valley Airport 06/30/20
Resource Conservation District of the
Santa Monica Mountains 06/30/15 to 06/30/20
North County Dispatch 06/30/19 to 06/30/20
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Attachment A
(continued)
RECENT GOVERNMENT CLIENTS SERVED (continued)
CSMFO/
GFOA Successor Housing
Government Client Years Served Awards Agency Authority
West Basin Municipal Water District 06/30/20
Mission Springs Water District 06/30/20
Palos Verdes Transit Authority 06/30/19 to 06/30/20
San Bernardino Valley Water
Conservation District 06/30/17 to 06/30/20
Riverside County Regional Park &
Open Space District 06/30/16 to 06/30/20
Running Springs Water District Accounting support
Phelan Pinon Hills Community Services
District Accounting support
City of Canyon Lake Accounting support
City of Rolling Hills Accounting support
Crestline Sanitation District Accounting support
Running Springs Water District Accounting support
G.8.b
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AGENDA REPORT
MEETING DATE: April 13, 2021 Council Item
TITLE: Professional Services Agreement with Michael Baker
International for Environmental and Planning Services
Related to the Barton Road Specific Plan (BRSP) and Town
Center Master Plan (TCMDP) in an Amount Not to Exceed of
$120,145
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: 1) Waive Competitive Bidding Requirements under
Chapter 3.24 of the Grand Terrace Municipal Code (GTMC)
for the Professional Services Agreement with Michael Baker
International (MBI) in an amount not to exceed $120,145
pursuant to GTMC Section 3.24.180(H); and
2) Approve the Professional Services Agreement with
MBI in an amount not to exceed $120,145; and
3) Authorize the Mayor to Execute the Professional
Services Agreement with MBI, subject to City Attorney
Approval as to Form.
2030 VISION STATEMENT:
This staff report supports Goal #3, Promote Economic Development: by Updating
Zoning and Development Codes to Support Business Attraction and Retention.
BACKGROUND
The BRSP has been in effect since 1990. While the Barton Road corridor has
experienced improved development, implementation of the plan could be improved
through strategic updates to better facilitate the development needs of the City in 2021
and beyond.
The focus of the updates is to establish a policy environment promoting infill and
comprehensive development of the Barton Road corridor with locally serving
businesses, amenities, and urban living opportunities while eliminating the continual
need for variances to accommodate modern development standards by maximizing the
use of under-utilized parcels with outdated overabundant parking criteria.
DISCUSSION:
Pursuant to an on-call planning and environmental services agreement dated May 14,
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2019, City staff engaged a consultant team, Michael Baker International (MBI), to assist
with and carry out preliminary work relating to the BRSP update under staffs’ direction.
The BRSP update is underway and in draft form with public hearings commencing
2021.
MBI has reviewed the development plans against the goals and objectives from the
BRSP. Staff has directed them to update the BRSP:
• Create a modern land use design.
• Remove obsolete specific plan standards.
• Update obsolete environmental documentation.
MBI was hired May 14, 2019 to provide on-call planning and environmental services for
the City and developer-initiated projects. They were retained for environmental and
planning services project management support for the Greens Group Mixed Use
project. By doing this, they have a thorough understanding of what is needed for this
project to become a reality.
ULTIMATE VISION:
The policy direction for the BRSP update is to establish the framework for feasible
development that provides an urban core of services and amenities while appreciating
the change in trends around parking and land use.
Although the BSRP is aged document with antiquated land use rules (deep setback and
extreme height restrictions) that are inconsistent with modern day land use practices.it
also included development tools to encourage the consolidation of long narrow lots that
adorn the BSRP planning areas. The BRSP also offers bonus densities for developers
that take certain actions and includes and affordable housing overlay for work force
housing.
The update of the Barton Road Specific Plan will also update the environmental studies
and eliminate or fold the Town Center Master Plan requirements into the BRSP since
they integrate functionally. The update of the BRSP will modernize the development
standards for the City’s commercial corridor and allow for a uniform and streamlined
process for all future developments along Barton Road.
CIRCULATION AND PARKING:
The recent adoption of the Vehicle Miles Travelled (VMT) Ordinance and Traffic Impact
Analysis (TIA) Guidelines with local screening tables needs to also be applied to the
BRSP. The application of the VMT will have significant impacts on parking demand and
will act as the broader circulation study for all future development along Barton Road.
The update of the BRSP will also allow MBI to apply the Council’s Barton Road
Landscape Enhancement standards and undergrounding of the remaining power poles
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along Barton Rd.
COMPETITIVE BIDDING EXCEPTION:
Staff is recommending the City Council waive the competitive bidding requirements of
Chapter 3.24 of the GTMC pursuant to GTMC Section 3.24.180(H). This Section
provides as follows:
“3.24.180 - Exceptions to competitive bidding requirement.
Notwithstanding any provision of this Chapter to the contrary, the competitive
bidding provisions of this Chapter may be dispensed with when contracts which
by their nature do not lend themselves to award by competitive bidding such as,
but not limited to: …
H. Such other circumstances as the City Council may determine and
document that will result in cost savings greater than those which would result
from the use of customary bidding process.”
Pursuant to GTMC Section 3.24.180(H), the City would receive a cost savings that
would be greater than if it engaged a bidding process under Chapter 3.24, because MBI
has extensive knowledge of and is already familiar with the proposed plan amendments
and needs along the Barton Road Specific Plan corridor; has carried out the preliminary
work for the proposed plan amendments; and, consequently, MBI would not need
familiarize itself with the needs of the City related thereto and would not need to re-
assess and re-analyze work that has already occurred.
RECOMMENDATION:
The recommended updates to the plan would better enable the City to attract quality
development by reducing barriers to entitlement, allowing the use of land to be used
more efficiently, and promote economic feasibility via mixed-use development. Based
upon the forgoing,
Staff therefore recommends that the City Council waive the competitive bidding
requirements of Chapter 3.24 of the GMTC pursuant to GTMC Section 3.24.180(H);
Approve the Professional Services Agreement with MBI in an amount not to exceed
$120,145; and Authorize the Mayor to execute the Professional Services Agreement
with MBI subject to City Attorney approval as to form.
FISCAL IMPACT:
The cost of the preparation of the planning and environmental document is $120,145
and is included in the FY2020-21 Approved Budget. No additional appropriation is
required. Staff, however, is exploring options to assist in offsetting this cost, including
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related costs of updating and maintaining the General Plan and related Specific Plans,
and will present possible options for consideration at a future City Council meeting.
ATTACHMENTS:
• Michael Baker Proposal - 03.12.21 (PDF)
• Grand Terrace - Michael Baker - Barton Road Specific Plan Amendment
Environmental Agreement (DOCX)
• Barton Road Specific Plan_Amended_7.14.2020 (PDF)
APPROVALS:
Steven Weiss Completed 04/07/2021 11:44 AM
City Attorney Completed 04/07/2021 3:05 PM
Finance Completed 04/09/2021 11:58 AM
City Manager Completed 04/09/2021 2:29 PM
City Council Pending 04/13/2021 6:00 PM
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1
To: Steven Weiss, City of Grand Terrace
From: Peter Minegar, AICP
Senior Associate/Department Manager
Date: March 12, 2021
Subject Additional Work Request: Greens Group Project Management Services
Based on discussions with the City of Grand Terrace and the Greens Group on the appropriate approach to compliance
with the California Environmental Quality Act (CEQA), Michael Baker proposes the development of an Initial Study, with
an anticipated Mitigated Negative Declaration (IS/MND), for the proposed amendments to the Barton Road Specific Plan.
To support the preparation of the IS/MND, we propose the development of limited technical studies to substantiate the
IS/MND analysis. Additionally, we have included a scope for support services to complete updates to the Specific Plan
document and create a new Specific Plan document in a printable and editable electronic file.
SCOPE OF WORK
TASK 1 SPECIFIC PLAN DOCUMENT
Task 1.1 Specific Plan Preparation and Formatting
Michael Baker’s graphics and technical editing team will convert the existing PDF of the Barton Road Specific Plan into a
Microsoft Word document. We will create an updated editable version of the Specific Plan document to allow for the
incorporation of edits into the Specific Plan. This task assumes development of the Microsoft Word template, incorporation
of the updates to the Specific Plan into the template as directed by Michael Baker’s Senior Planner and the City. Once the
draft amendments to the Specific Plan are complete and reviewed by City staff, Michael Baker will prepare a formatted
document for Public Hearings.
TASK 2 TECHNICAL STUDIES1
Task 2.1 Air Quality Analysis
Existing Conditions/Regulatory Framework. The project is located within the South Coast Air Basin (SCAB), which is under
the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Baseline meteorological and air quality
data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient
air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air
quality local to the project area. The analysis will describe and address the requirements set forth by the SCAQMD CEQA
Air Quality Handbook.
Construction-Related Emissions. Construction emissions will be quantified with the California Emissions Estimator Model
version 2016.3.2 (CalEEMod). A general description of the major phases of construction and their timing will be required.
The air pollutant emissions during construction will be compared to the SCAQMD Regional Thresholds of Significance.
Naturally occurring asbestos impacts will also be qualitatively discussed.
1 The scope for the Air Quality, Greenhouse Gas, Acoustical, and Energy Analyses includes preparation of the IS/MND Section to
address the applicable questions from Appendix G of the CEQA Guidelines. Standalone technical studies will not be prepared.
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Green’s Group Project Management Services
Additional Work Request (AWR) 1
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Long-Term Emissions. Operational (i.e., area, energy, and mobile source) emissions will be quantified with CalEEMod and
the CARB EMission FACtor Model (EMFAC2017) and compared to the SCAQMD regional thresholds of significance.
Primary sources of emissions will be related to local/regional vehicle miles traveled. Project consistency with the 2016 Air
Quality Management Plan will also be evaluated.
Localized Emissions. The project is located within the SCAQMD’s Source Receptor Area (SRA) 34 (Central San Bernardino
Valley). Based on localized meteorological data for SRA 34, Michael Baker will analyze localized impacts based upon the
SCAQMD’s Localized Significance Thresholds (LST) methodology.
Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno
(Friant Ranch L.P.), the resultant human health impacts from the project’s short-term construction and long-term
operational air emissions will be analyzed.
Task 2.2 Greenhouse Gas Analysis
Greenhouse Gas Emissions. Michael Baker will review the land use data and will prepare an inventory of the greenhouse
gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources)
and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). In addition, total GHG
emissions from construction activities will be amortized into the GHG emissions inventory. CalEEMod will be used to
quantify GHG emissions. Reductions from recently adopted programs and regulations will be included, such as
improvements in fuel efficiency, State building code energy efficiency, and water efficiency. The analysis will review project
consistency with the Southern California Association of Governments 2020–2045 Regional Transportation
Plan/Sustainable Communities Strategy (2020–2045 RTP/SCS), California Air Resources Board 2017 Climate Change
Scoping Plan, and other applicable plans for the purpose of reducing GHG emissions. Mitigation measures will be
identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project.
Task 2.3 Acoustical Analysis
Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed and
noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit
will be conducted, and short-term noise level measurements will be taken along the project area. The noise monitoring
survey will be conducted at up to four separate locations to establish baseline noise levels in the project area. Noise
recording lengths are anticipated to require approximately 10 minutes at each location.
Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed project.
Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a
specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of
time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent
continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration
impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will be
based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications.
Operational Noise Sources. The project-generated off-site traffic noise levels will be compared to the applicable Noise
Ordinance specifications and/or land use compatibility criteria for off-site uses. Compliance with applicable noise
standards will be evaluated, with recommended mitigation measures included where appropriate.
Task 2.4 Energy Analysis
Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3)
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and Appendix G and Appendix F of the CEQA Guidelines. These statutes and guidelines require a project to describe,
where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition,
Appendix G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or
energy efficiency. The analysis will analyze energy consumption associated with short-term construction activities, long-
term operations, buildings, and transportation using CalEEMod based on the project’s land use data The analysis will also
discuss the effects of the project on regional and local energy supply, demand, and resources, and the project’s consistency
with energy standards and requirements.
Task 2.6 Cultural Resources Record Search2
Michael Baker will complete a record search with the South-Central Coastal Information Center for a ½-mile radius around
the Specific Plan area, literature and historic map review, and historical society consultation. The intent of the above-
mentioned cultural resources identification efforts is to determine if there are previously identified historical resources, as
defined in Section 15064.5(a) of the California Environmental Quality Act, within the plan area. The findings of the cultural
and tribal cultural resources identification efforts will be summarized in a memo report that can be appended to the
IS/MND and utilized during the tribal consultation process.
Task 2.5 VMT Assessment
A vehicle miles traveled (VMT) analysis will be conducted to support the CEQA process transportation metric. The VMT
analysis will be based on the City-specific VMT guidance.
Scoping Agreement. Michael Baker will coordinate the scope of the VMT analysis with City staff responsible for reviewing
the analysis by preparing a VMT scoping memorandum. Specific details of the study scope that will be coordinated include
initial screening results, trip generation analysis, study scenarios, modeling assumptions, and methodologies. The scoping
agreement will be coordinated prior to initiation of any travel demand modeling work.
Trip Generation Analysis. Michael Baker will conduct a trip generation analysis for the proposed Project using the Trip
Generation (Institute of Transportation Engineers, 10th Edition Supplement or latest edition), or other data source as
directed by City staff. The trip generation analysis will estimate the estimated number of project trips during the weekday,
AM Peak Hour, and PM Peak Hour. Trip distributions and assignments will not be included in the analysis and instead it
will focus on the number of project trips excluding pass-by trips.
Project Screening. Michael Baker will examine the screening criteria to determine if the project can be determined to have
a less than significant impact based on project location, size, or land use type. The project screening will include the use
the screening tool. An initial review indicates that the project will not screen out and therefore, the project will require a
VMT assessment.
VMT Assessment. Michael Baker will utilize a contractor (Translutions) to conduct the travel demand model runs and VMT
calculations. This scope of work assumes the modeling of one land use scenario for the full build-out condition. Additional
scenarios may be evaluated as a separate task for an additional fee.
Model Runs. Translutions will modify the RIVTAM to include the Project socio-economic data. Model runs will be
conducted to calculate the VMT. This task will be conducted using the base and future year models. It is not anticipated
that significant circulation network edits outside the Specific Plan area will be required as part of this task. It is assumed
that four (4) Traffic Analysis Zones (TAZs) will be modified to accommodate the Specific Plan land use.
2 The local information centers are currently experiencing extended turnaround times for records search requests. Michael Baker will
notify the City of the expected turnaround time once the records search is submitted to the information center.
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VMT Calculation. This task will calculate the base and future modeled VMT for comparison. The model will also be
modified so that the Project forms several discrete TAZs. Based on the requirements, VMT calculations for the following
scenarios will be conducted:
• Base Year without project
• Future Year without project
• Base Year with project (Proposed SP, Project Effect)
• Base Year Project VMT (Proposed SP)
• Future Year with project (Proposed SP, Project Effect)
• Future Year Project VMT (Proposed SP)
Determination of Impacts. The VMT analysis results will be compared to thresholds of significance to determine if impacts
are anticipated. If required, the project will identify Transportation Demand Management (TDM) elements to help reduce
reliance on autos or provide means by which to shorten vehicle trips in order to mitigate any Project transportation
impacts. The VMT reductions will be based on California Air Pollutions Control Officers Association (CAPCOA) Quantifying
Greenhouse Gas Mitigation Measures (2010) report and will be clearly documented in the memorandum. Modifying the
project characteristics (land use type and size) as a mitigation option may be considered, however the associated analysis
would require separate task for an additional fee.
Technical Memorandum. The VMT analysis will be summarized in a technical memorandum. This scope of work includes
a total of two electronic submittals of the VMT technical memorandum (one draft report for City review and one final
report with City comments addressed).
Task 2.7 SCS Analysis (Optional Task)
It appears that the previously approved project doesn’t appear to be part of the SCS. Since the future analysis is based on
the approved SCS (which should have included the approved project), Translutions will modify the RIVTAM to include the
project socioeconomic data as well as those of the approved plan for the following scenarios:
• Base Year with project (Current SP, Project Effect)
• Base Year Project VMT (Current SP)
• Future Year with project (Current SP, Project Effect)
• Future Year Project VMT (Current SP)
The VMT comparison will be based on several metrics, including comparison of base year VMT with “Project” VMT. A
comparison of the impacts of the existing Specific Plan with the proposed Specific Plan in terms of VMT changes will be
provided to evaluate the VMT per capita (or employment). In addition, project VMT (per capita, population served, and
employee) for the approved project will be compared to the VMT (per capita, population served, and employee) of the
proposed project to identify if the proposed project increases VMT from the approved plan. This task assumes the same
TAZs as the VMT Analysis task. This task is only anticipated if the comparison analysis in the main task shows a significant
impact.
Task 3: Initial Study / Mitigated Negative Declaration
Task 3.1 : Administrative Draft IS/MND
Michael Baker will prepare a draft project description for the proposed Specific Plan amendments for review and comment
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by City staff. After receiving comments and making the appropriate changes, we will submit a revised version of the
project description, which will be the basis for the project’s environmental analysis and project technical studies.
Using the City’s latest CEQA Initial Study Checklist format, Michael Baker will prepare a Screencheck Draft IS/MND for
review by City staff. The IS will provide written responses to each question on the Environmental Checklist that describe
and qualitatively and/or quantitatively evaluate the project’s impact related to each topic. Each response will include a
conclusion regarding the significance of the project’s impact, which may be determined to be potentially significant,
potentially significant unless mitigated, less than significant, or nonexistent (i.e., no impact). The analysis conducted to
support such conclusions will meet or exceed industry standards and will consider all applicable environmental regulations
and policies as well as guidance provided by responsible, trustee, and oversight agencies.
In accordance with Appendix G of the CEQA Guidelines, this section will include a detailed review of the following issues:
• Aesthetics • Land Use/Planning
• Agriculture and Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population/Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology/Soils • Transportation
• Greenhouse Gas Emissions • Tribal Cultural Resources
• Hazards and Hazardous Materials • Utilities/Service Systems
• Hydrology/Water Quality • Wildfire
Each response will include a conclusion regarding the significance of the project’s impact, which may be determined to
be potentially significant, potentially significant unless mitigated, less than significant, or no impact. The analysis
conducted to support such conclusions will meet or exceed industry standards and will consider applicable environmental
regulations and policies as well as guidance provided by responsible, trustee, and oversight agencies.
Michael Baker will submit the Screencheck Draft IS/MND to the City for review and comment. In the event that the IS
results in a finding that the project will result in a significant impact that cannot be mitigated, Michael Baker will work
with the City to develop the appropriate CEQA approach.
Task 3.2: Draft IS/MND
After receiving the City’s comments on the Screencheck Draft IS and making the appropriate changes, Michael Baker will
prepare a Screencheck version of the IS for the City’s consideration. We assume that the screencheck version will
adequately address any substantive comments which the City had and that the City’s comments on the screencheck
version will be limited to edits and clarifications of final points. Michael Baker will address such final edits/clarifications
and prepare a final version of the IS.
Task 3.3: Final IS/MND
Responses to Comments
Michael Baker will respond to environmental comments received on the Draft IS/MND during the public review period.
Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. The Draft
Responses to Comments will be prepared for review by City Staff and submitted electronically. Michael Baker will submit
an electronic “proofcheck copy” of the revised Responses to Comments, which will incorporate one complete set of
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comments received the City. It is assumed that substantive comments will be received as part of the initial review and any
additional comments to the proofcheck document will be minimal. Upon receipt of comments on the proofcheck draft,
Michael Baker will prepare the Final Responses to Comments.
It is noted that the extent of public and agency comments resulting from the review process is currently unknown. We
have conservatively budgeted this task based upon our understanding of the project and assume only minor supplemental
technical support may be necessary. Should the level of comments exceed our estimate or require more substantial
technical analysis, Michael Baker will advise the City and submit an additional funding request.
Mitigation Monitoring and Reporting Program
Michael Baker will prepare a Mitigation Monitoring and Reporting Program (MMRP), which will provide a basis for
monitoring identified mitigation measures during and upon project implementation. The Mitigation Monitoring and
Reporting Checklist will serve as the foundation of the MMRP for the proposed project. The Checklist indicates the
mitigation measure number as outlined in the Initial Study, a list of Mitigation Measures/Conditions of Approval (in
chronological order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for
verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification
section for the initials of the verifying individual date of verification, and pertinent remarks.
Completion of the Final IS/MND
If necessary, Michael Baker will prepare an Errata to the Public Review Draft document for City review and approval. The
Errata will be a stand-alone document identifying any revised text in strikethrough and underline, as necessary to address
comments received on the Public Review Draft document. The Final IS/MND will be comprised of the Responses to
Comments, Errata, and MMRP.
Task 3.4: CEQA Noticing
Michael Baker will prepare for City the project CEQA Notices, as outlined below. The Notices will be distributed via certified
mail to the State Clearinghouse and all responsible, trustee, and interested agencies, community groups, and individuals.
All distribution will be based upon a City-provided distribution list. This scope assumes that the City will be responsible
for distributing any required radius mailing or newspaper notices.
• Notice of Availability/Notice of Intent (NOA/NOI) - Michael Baker will prepare the NOA/NOI for the project to
initiate the 30-day public review period. This scope includes distribution of the NOA/NOI to 25 recipients.
• Notice of Completion (NOC) - Michael Baker will prepare the NOC for submittal to the State Clearinghouse at
the onset of the 30-day NOA/NOI public review period. The NOC will be filed electronically on the State
Clearinghouse CEQANet website.
• Notice of Determination (NOD) - Michael Baker will prepare the NOD to be filed with the County Clerk and State
Clearinghouse within five (5) days after deciding to carry out or approve the project. This scope excludes payment
of California Department of Fish and Wildlife (CDFW) and County Clerk processing fees. This scope also assumes
that the City will file the NOD with the County Clerk.
SCHEDULE
Michael Baker can proceed immediately upon written authorization to proceed. Michael Baker can submit the
Administrative IS/MND within eight to ten weeks of receipt Notice to Proceed.
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Fee
TASK
Staff Position and Billing Rate
Project
Director
Senior
Engineer
Lead
PM
CEQA
Lead
Entitlements
Lead
CEQA
Planner
Associate
Planner
Assistant
Planner/
GIS
Tech
Editing Total
Hours SUBS TOTAL
COST
$205 $195 $175 $150 $145 $165 $130 $110 $90
TASK 1 Specific Plan Document
Task 1.1: Specific Plan Preparation and Formatting 8 40 48 $4,760
Task 1 Subtotal: $4,760
Task 2: Technical Studies
Task 2.1: Air Quality Analysis 10 30 24 64 $9,670
Task 2.2: Greenhouse Gas Analysis 4 20 16 40 $5,900
Task 2.3: Acoustical Analysis 8 24 24 56 $8,360
Task 2.4: Energy Analysis 5 10 10 25 $3,825
Task 2.5: Cultural Resources Record Search 10 10 35 4 59 $7,010
Task 2.6: VMT Analysis 4 24 20 48 $9,500 $17,600
Task 2 Subtotal: $52,365
TASK 3: Initial Study/Mitigated Negative Declaration
Task 3.1: Admin Draft IS/MND 40 10 20 40 40 30 180 $24,100
Task 3.2: Draft IS/MND 10 10 16 16 16 20 88 $11,530
Task 3.3: Final IS/MND 20 30 10 10 70 $10,550
Task 3.4: CEQA Noticing 4 4 4 20 32 $3,620
Task 3 Subtotal: $49,800
Other Direct Costs $2,000
Total Hours 31 74 148 8 46 164 710
Percent of Total Labor (Hours) 4% 10% 21% 1% 6% 23%
TOTAL COST $108,925
Optional Tasks (Not Included in Total)
Task 2.7: SCS Analysis 4 16 6 26 $6,500 $11,220
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01247.0005/707098.2 4/6/2021
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MICHAEL BAKER INTERNATIONAL
G.9.b
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01247.0005/707098.2 4/6/2021
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MICHAEL BAKER INTERNATIONAL
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL” (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 Michael Baker International, a California
corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to
as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Consultant has carried out preliminary environmental work related to a proposed
amendment to the City’s Barton Road Specific Plan (“Proposed BRSP Amendment”) pursuant to
a contract with the City dated May 14, 2019.
B. City and Consultant now desire to enter into this Agreement to carry out further
environmental review of a proposed amendment to the City’s Barton Road Specific Plan.
C. Grand Terrace Municipal Code (“GTMC”) Section 3.24.180(H) authorizes the
waiver of bidding requirements of Chapter 3.24 of the GTMC (“Chapter 3.24”) if the City Council
determines that the cost savings would be greater if the City enters into a contract by waiving
thereof than if the City utilized such bidding process.
D. Pursuant to GTMC Section 3.24.180(H), the City would receive a cost savings that
would be greater than if it engaged a bidding process under Chapter 3.24, because Consultant has
extensive knowledge of and is familiar with the Proposed BRSP Amendment and needs along the
Barton Road Specific Plan corridor; has carried out the preliminary work for the Proposed BRSP
Amendment; and, consequently, Consutant would not need familiarize itself with the needs of the
City related thereto and would not need to re-assess and re-analyze work that has already occurred.
E. Based upon the forgoing, the City Council waived the bidding requirements of
Chapter 3.24 for the services contemplated by this Agreement at its regular council meeting on
April 13, 2021, and selected the Consultant to provide the services contemplated by this
Agreement.
F. Based upon the forgoing, pursuant to the City of Grand Terrace Municipal Code,
City has authority to enter into and execute this Agreement.
G. 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.
G.9.b
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01247.0005/707098.2 4/6/2021
-3-
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
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.
G.9.b
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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.
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 Officer 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
G.9.b
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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 One Hundred Twenty Thousand One Hundred Forty-Five Dollars
($120,145) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.8.
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,
G.9.b
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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.
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
G.9.b
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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)
years 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:
Peter Minegar, AICP Senior Associate/Department Manager
(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.
G.9.b
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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
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:
G.9.b
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(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.
(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
G.9.b
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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
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
G.9.b
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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:
(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
G.9.b
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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.
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.
G.9.b
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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
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
G.9.b
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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
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.
G.9.b
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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
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.
G.9.b
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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
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
G.9.b
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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.
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
G.9.b
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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.
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
G.9.b
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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.9.b
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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
____________________________________
Darcy McNaboe, Mayor
ATTEST:
______________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Michael Baker International, a California
corporation
By:
___________________________________
Name Tanya Bilezikjian, P.E.
Title: Vice President, Office Executive
By:
___________________________________
Name: Michael A. Tylman
Title: Assistant Secretary
Address: 3536 Concours Street, Suite 100
Ontario, CA 91764
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.9.b
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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.9.b
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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.9.b
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Task 1 – Specific Plan Document.
(1) Task 1.1 – Specific Plan Preparation and Formatting. Consultant shall
convert the existing PDF of the City’s Barton Road Specific Plan (“Specific
Plan”) into a Microsoft Word document. Consultant shall create an updated
editable version of the Specific Plan document to allow for the incorporation
of edits into the Specific Plan. This task assumes development of the
Microsoft Word template, incorporation of the updates to the Specific Plan
into the template as directed by Consultant’s Associate, Project Manager
Emily Elliott and the City. Once the draft amendments to the Specific Plan
are complete and reviewed by City staff, Consultant shall prepare a
formatted document for Public Hearings.
B. Task 2 – Technical Studies.1
(1) Task 2.1 – Air Quality Analysis.
Existing Conditions/Regulatory Framework. The proposed Specific Plan
amendment (“Project”) is located within the South Coast Air Basin
(“SCAB”), which is under the jurisdiction of the South Coast Air Quality
Management District (“SCAQMD”). Consultant shall utilize the baseline
meteorological and air quality data developed through the California Air
Resources Board (“CARB”) for the description of existing ambient air
quality. Air quality data from the nearest air quality monitoring station shall
be included to help highlight existing air quality local to the Project area.
The analysis will describe and address the requirements set forth by the
SCAQMD CEQA Air Quality Handbook.
Construction-Related Emissions. Construction emissions shall be
quantified with the California Emissions Estimator Model version 2016.3.2
(“CalEEMod”). A general description of the major phases of construction
and their timing shall be required. The air pollutant emissions during
construction will be compared to the SCAQMD Regional Thresholds of
Significance. Naturally occurring asbestos impacts shall also be
qualitatively discussed.
Long-Term Emissions. Operational (i.e., area, energy, and mobile source)
emissions shall be quantified with CalEEMod and the CARB EMission
FACtor Model (“EMFAC2017”) and compared to the SCAQMD regional
1 The scope for the Air Quality, Greenhouse Gas, Acoustical, and Energy Analyses includes
preparation of the IS/MND Section to address the applicable questions from Appendix G of the
CEQA Guidelines. Standalone technical studies will not be prepared.
G.9.b
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thresholds of significance. Primary sources of emissions shall be related to
local/regional vehicle miles traveled. Project consistency with the 2016 Air
Quality Management Plan shall also be evaluated.
Localized Emissions. The Project is located within the SCAQMD’s Source
Receptor Area (“SRA”) 34 (Central San Bernardino Valley). Based on
localized meteorological data for SRA 34, Consultant shall analyze
localized impacts based upon the SCAQMD’s Localized Significance
Thresholds (“LST”) methodology.
Air Emissions Health Impacts. As a result of the California Supreme
Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.),
Consultant shall analyze the resultant human health impacts from the
Project’s short-term construction and long-term operational air emissions.
(2) Task 2.2 – Green House Gas Analysis.
Greenhouse Gas Emissions. Consultant shall review the land use data and
will prepare an inventory of the greenhouse gas (“GHG”) emissions (i.e.,
nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and
mobile sources) and indirect sources (i.e., energy/water consumption and
wastewater/solid waste generation). In addition, total GHG emissions from
construction activities shall be amortized into the GHG emissions
inventory. CalEEMod will be used to quantify GHG emissions. Reductions
from recently adopted programs and regulations shall be included, such as
improvements in fuel efficiency, State building code energy efficiency, and
water efficiency. This analysis shall review Project consistency with the
Southern California Association of Governments 2020–2045 Regional
Transportation Plan/Sustainable Communities Strategy (2020–2045
RTP/SCS), California Air Resources Board 2017 Climate Change Scoping
Plan, and other applicable plans for the purpose of reducing GHG
emissions. Mitigation measures shall be identified and incorporated, as
necessary, to reduce potentially significant GHG impacts of the Project.
(3) Task 2.3 – Acoustical Analysis.
Existing Conditions. Consultant shall review the applicable noise and land
use compatibility criteria for the Project and noise standards regulating
noise impacts shall be discussed for land uses on and adjacent to the Project
site. Consultant, in coordination with the City, shall conduct a Project site
visit, and Consultant shall take short-term noise level measurements along
the Project area. The noise monitoring survey shall be conducted at up to
four separate locations to establish baseline noise levels in the Project area.
Noise recording lengths are anticipated to require approximately 10 minutes
at each location.
G.9.b
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Construction-Related Noise and Vibration. Construction would occur
during implementation of the Project. Noise impacts from construction
sources shall be analyzed based on the anticipated equipment to be used,
length of a specific construction task, equipment power type (gasoline or
diesel engine), horsepower, load factor, and percentage of time in use. The
construction noise impacts shall be evaluated in terms of maximum levels
(“Lmax”) and hourly equivalent continuous noise levels (“Leq”) and the
frequency of occurrence at adjacent sensitive locations. An analysis of
vibration impacts shall be based on the Federal Transit Administration’s
vibration analysis guidance. Analysis requirements shall be based on the
sensitivity of the area, specific construction activities, and Noise Ordinance
specifications.
Operational Noise Sources. The Project-generated off-site traffic noise
levels shall be compared to the applicable City Noise Ordinance
specifications and/or land use compatibility criteria for off-site uses.
Compliance with applicable noise standards shall be evaluated, with
recommended mitigation measures included where appropriate.
(4) Task 2.4 – Energy Analysis. Consultant shall analyze the energy
implications of the Project pursuant to Public Resources Code Section
21100(b)(3) and Appendix G and Appendix F of the CEQA Guidelines. In
summary, these statutes and guidelines require a project to describe, where
relevant, the wasteful, inefficient, and unnecessary consumption of energy
caused by a project. In addition, Appendix G of the CEQA Guidelines
requires a consistency analysis with state or local plans for renewable
energy or energy efficiency. This analysis shall analyze energy
consumption associated with short-term construction activities, long- term
operations, buildings, and transportation using CalEEMod based on the
Project’s land use data. This analysis shall also discuss the effects of the
Project on regional and local energy supply, demand, and resources, and the
Project’s consistency with energy standards and requirements.
(5) Task 2.5 – Cultural Resources Records Search.2 Consultant shall complete
a record search with the South-Central Coastal Information Center for a 1⁄2-
mile radius around the Specific Plan area, literature and historic map review,
and historical society consultation. The intent of the above-mentioned
cultural resources identification efforts is to determine if there are
previously identified historical resources, as defined in 15064.5(a) of the
CEQA Guidelines, within the plan area. The findings of the cultural and
tribal cultural resources identification efforts shall be summarized in a
2 The local information centers are currently experiencing extended turnaround times for records
search requests. Consultant shall notify the City of the expected turnaround time once the records
search is submitted to a local information center.
G.9.b
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memo report that can be appended to the IS/MND and utilized during the
tribal consultation process.
(6) Task 2.6 – VMT Assessment.
Consultant shall conduct a vehicle miles traveled (“VMT”) analysis to
support the CEQA process transportation metric. The VMT analysis will be
based on the City-specific VMT guidance.
Scoping Agreement. Consultant shall coordinate the scope of the VMT
analysis with City staff responsible for reviewing the analysis by preparing
a VMT scoping memorandum. Specific details of the study scope that shall
be coordinated include, but are not limited to, initial screening results, trip
generation analysis, study scenarios, modeling assumptions, and
methodologies. The scoping agreement shall be coordinated prior to
initiation of any travel demand modeling work.
Trip Generation Analysis. Consultant shall conduct a trip generation
analysis for the Project using the Trip Generation (Institute of
Transportation Engineers, 10th Edition Supplement or latest edition), or
other data source as directed by City staff. The trip generation analysis shall
estimate the estimated number of project trips during the weekday, AM
Peak Hour, and PM Peak Hour. Trip distributions and assignments will not
be included in the analysis and instead it will focus on the number of project
trips excluding pass-by trips.
Project Screening. Consultant shall examine the screening criteria to
determine if the Project can be determined to have a less than significant
impact based on project location, size, or land use type. The Project
screening shall include the use the screening tool. Consultant’s initial
review indicates that the Project will not screen out and therefore, the
Project will require a VMT assessment.
VMT Assessment. Consultant shall utilize a subconsultant (Translutions)
to conduct the travel demand model runs and VMT calculations. This scope
of work assumes the modeling of one land use scenario for the full build-
out condition. Additional scenarios may be evaluated as a separate task for
an additional fee.
Model Runs. Consultant, through Translutions, shall modify the
SBTAM to include the Project socio-economic data. Model runs
shall be conducted to calculate the VMT. This task shall be
conducted using the base and future year models. It is not anticipated
that significant circulation network edits outside the Specific Plan
area will be required as part of this task. It is assumed that four (4)
Traffic Analysis Zones (“TAZs”) will be modified to accommodate
the Specific Plan land use.
G.9.b
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VMT Calculation. This task shall calculate the base and future
modeled VMT for comparison. The model will also be modified so
that the Project forms several discrete TAZs. Based on the
requirements, VMT calculations for the following scenarios will be
conducted:
• Base Year without Project
• Future Year without Project
• Base Year with project (Proposed Specific Plan Amendment,
Project Effect)
• Base Year Project VMT (Proposed Specific Plan Amendment)
• Future Year with project (Proposed Specific Plan Amendment,
Project Effect)
• Future Year Project VMT (Proposed Specific Plan Amendment)
Determination of Impacts. The VMT analysis results shall be compared
to thresholds of significance to determine if impacts are anticipated. If
required, the Project shall identify Transportation Demand Management
(“TDM”) elements to help reduce reliance on autos or provide means by
which to shorten vehicle trips in order to mitigate any Project transportation
impacts. The VMT reductions shall be based on California Air Pollutions
Control Officers Association (“CAPCOA”) Quantifying Greenhouse Gas
Mitigation Measures (2010) report and will be clearly documented in the
memorandum. Modifying the Project characteristics (land use type and size)
as a mitigation option may be considered, however the associated analysis
would require separate task for an additional fee.
Technical Memorandum. Consultant shall summarize the VMT analysis
in a technical memorandum. Consultant shall submit a total of two
electronic submittals of the VMT technical memorandum to the City (one
draft report for City review and one final report with City comments
addressed).
(7) OPTIONAL Task 2.7 – SCS Analysis.
Consultant shall carry out this Optional Task 2.7 only upon written
direction of the Contract Officer and shall not be entitled to any
compensation for this Optional Task 2.7 without such written direction.
Consultant, through its subconsultant Translutions, shall modify the
SBTAM to include the Project socioeconomic data as well as those of the
Specific Plan for the following scenarios:
G.9.b
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01247.0005/707098.2 4/6/2021 A-6
• Base Year with project (Current Specific Plan, Project Effect)
• Base Year Project VMT (Current Specific Plan)
• Future Year with project (Current Specific Plan, Project Effect)
• Future Year Project VMT (Current Specific Plan)
The VMT comparison will be based on several metrics, including, but not
limited to, comparison of base year VMT with Project VMT. A comparison
of the impacts of the existing Specific Plan with the proposed Specific Plan
Amendment in terms of VMT changes shall be provided to evaluate the
VMT per capita (or employment). In addition, Project VMT (per capita,
population served, and employee) for the current Specific Plan will be
compared to the VMT (per capita, population served, and employee) of the
Project to identify if the Project increases VMT from the Specific Plan. This
task assumes the same TAZs as the VMT Analysis task. This task is only
anticipated if the comparison analysis in the main task shows a significant
impact.
C. Task 3 – Initial Study (“IS”)/Mitigated Negative Declaration (“MND”).
(1) Task 3.1 – Administrative Draft IS/MND.
Consultant shall prepare a draft project description for the Project (i.e., the
proposed Specific Plan amendments) for review and comment by City staff.
After receiving comments and making the appropriate changes, Consultant
shall submit a revised version of the project description, which will be the
basis for the Project’s environmental analysis and Project technical studies.
Using the City’s latest CEQA Initial Study Checklist format, Consultant
shall prepare a Screencheck Draft IS/MND for review by City staff. The IS
will provide written responses to each question on the Environmental
Checklist that describe and qualitatively and/or quantitatively evaluate the
Project’s impact related to each topic. Each response shall include a
conclusion regarding the significance of the Project’s impact, which may be
determined to be potentially significant, potentially significant unless
mitigated, less than significant, or nonexistent (i.e., no impact). The analysis
conducted to support such conclusions shall meet or exceed industry
standards and shall consider all applicable environmental regulations and
policies as well as guidance provided by responsible, trustee, and oversight
agencies.
In accordance with Appendix G of the CEQA Guidelines, this section shall
include, but not be limited to, a detailed review of the following issues:
• Aesthetics • Land Use/Planning • Mineral
Resources • Noise
G.9.b
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01247.0005/707098.2 4/6/2021 A-7
• Agriculture and Forestry
Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology/Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous
Materials
• Hydrology/Water Quality
• Population/Housing • Public
Services
• Recreation
• Transportation
• Tribal Cultural Resources •
Utilities/Service Systems •
Wildfire
Each response shall include a conclusion regarding the significance of the
Project’s impact, which may be determined to be potentially significant,
potentially significant unless mitigated, less than significant, or no impact.
The analysis conducted to support such conclusions shall meet or exceed
industry standards and shall consider applicable environmental regulations
and policies as well as guidance provided by responsible, trustee, and
oversight agencies.
Consultant shall submit the Screencheck Draft IS/MND to the City for
review and comment. In the event that the IS results in a finding that the
Project will result in a significant impact that cannot be mitigated,
Consultant shall work with the City to develop the appropriate CEQA
approach.
(2) Task 3.2 – Draft IS/MND. After receiving the City’s comments on the
Screencheck Draft IS and making the appropriate changes, Consultant shall
prepare a Screencheck version of the IS for the City’s consideration. It is
anticipated that the Sreencheck version will adequately address any
substantive comments which the City would have and that the City’s
comments on the Screencheck version will be limited to edits and
clarifications of final points. Consultant shall address such final
edits/clarifications and prepare a final version of the IS.
(3) Task 3.3 – Final IS/MND.
Responses to Comments
Consultant shall respond to environmental comments received on the Draft
IS/MND during the public review period. Consultant shall prepare
thorough, reasoned, and sensitive responses to relevant environmental
issues. The Draft Responses to Comments shall be prepared for review by
City Staff and submitted electronically. Consultant shall submit an
electronic “proofcheck copy” of the revised Responses to Comments, which
shall incorporate one complete set of comments received by the City. It is
G.9.b
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01247.0005/707098.2 4/6/2021 A-8
assumed that substantive comments will be received as part of the initial
review and any additional comments to the proofcheck document will be
minimal. Upon receipt of comments on the proofcheck draft, Consultant
shall prepare the Final Responses to Comments.
It is noted that the extent of public and agency comments resulting from the
review process is currently unknown. Consultant has conservatively
budgeted this task based upon its understanding of the Project and assumes
only minor supplemental technical support may be necessary. Should the
level of comments exceed Consultant’s estimate or require more substantial
technical analysis, Consultant shall advise the City thereof, provide an
estimated additional costs thereof to the City, and coordinate with the City
to address and respond to such comments; however, Consultant shall not be
entitled to any compensation greater than authorized by Section 2.1 of this
Agreement without approval from the City Council.
Mitigation Monitoring and Reporting Program
Consultant shall prepare a Mitigation Monitoring and Reporting Program
(“MMRP”), which will provide a basis for monitoring identified mitigation
measures during and upon project implementation. The Mitigation
Monitoring and Reporting Checklist will serve as the foundation of the
MMRP for the proposed project. The Checklist indicates the mitigation
measure number as outlined in the Initial Study, a list of Mitigation
Measures/Conditions of Approval (in chronological order under the
appropriate topic), the Monitoring Milestone (at what agency/department
responsible for verifying implementation of the measure), Method of
Verification (documentation, field checks, etc.), and a verification section
for the initials of the verifying individual date of verification, and pertinent
remarks.
Completion of the Final IS/MND
If necessary, Consultant shall prepare an Errata to the Public Review Draft
document for City review and approval. The Errata shall be a stand-alone
document identifying any revised text in strikethrough and underline, as
necessary to address comments received on the Public Review Draft
document. The Final IS/MND shall be comprised of the Responses to
Comments, Errata, and MMRP.
(4) Task 3.4 – CEQA Noticing.
Consultant shall prepare for City the Project CEQA Notices, as outlined
below. The Notices shall be distributed via certified mail to the State
Clearinghouse and all responsible, trustee, and interested agencies,
community groups, and individuals. All distribution will be based upon a
G.9.b
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01247.0005/707098.2 4/6/2021 A-9
City-provided distribution list. The City will be responsible for distributing
any required radius mailing or newspaper notices.
• Notice of Availability/Notice of Intent (“NOA/NOI”) – Consultant shall
prepare the NOA/NOI for the project to initiate the 30-day public review
period. This includes distribution of the NOA/NOI to at least 25 recipients.
• Notice of Completion (“NOC”) – Consultant shall prepare the NOC for
submittal to the State Clearinghouse at the onset of the 30-day NOA/NOI
public review period. The NOC will be filed electronically on the State
Clearinghouse CEQANet website.
• Notice of Determination (“NOD”) – Consultant shall prepare the NOD to
be filed with the County Clerk and State Clearinghouse within five (5) days
after the City determines to carry out or approve the Project. This excludes
payment of California Department of Fish and Wildlife (CDFW) and San
Bernardino County Clerk processing fees. This also assumes that the City
will file the NOD with the San Bernardino County Clerk.
II. In addition to any tangible work products required to be prepared and delivered by
this Agreement, as part of the Services, Consultant will prepare and deliver such
tangible work products to the City as the City may require from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
such status reports as the City may require from time to time.
IV. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Peter Minegar, AICP, Senior Associate/Department Manager
B. Emily Elliott, Associate, Project Manager
G.9.b
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01247.0005/707098.2 4/6/2021 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
G.9.b
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01247.0005/707098.2 4/6/2021 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services provided in Exhibit A 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 $120,145 as provided in
Section 2.1 of this Agreement.
G.9.b
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01247.0005/707098.2 4/6/2021 C-1
EXHIBIT “C-1”
Task
Project
Director
($205/
hour)
Senior
Engineer
($195/
hour)
Lead PM
($175/
hour)
CEQA
Lead
($150/
hour)
Entitlements
Lead
($145/hour)
CEQA
Planner
($165/
hour)
Associate
Planner
($130/
hour)
Assistant
Planner/
GIS
($110/
hour)
Tech
Editing
($90/
hour)
Total
Hours SUBS Total
Cost
TASK 1 – SPECIFIC PLAN
DOCUMENT
Task 1.1 – Specific Plan
Preparation and
Formatting
8 40 48 $4,760
TASK 1 SUBTOTAL $4,760
TASK 2 – TECHNICAL
STUDIES
Task 2.1: Air Quality
Analysis 10 30 24 64 $9,670
Task 2.2: Greenhouse
Gas Analysis 4 20 16 40 $5,900
Task 2.3: Acoustical
Analysis 8 24 24 56 $8,360
Task 2.4: Energy Analysis 5 10 10 25 $3,825
Task 2.5: Cultural
Resources Records
Search
10 10 35 4 59 $7,010
Task 2.6: VMT Analysis 4 24 20 48 $9,500 $17,600
TASK 2 SUBTOTAL $52,365
TASK 3 – INITIAL
STUDY/MITIGATED
NEGATIVE
DECLARATION
Task 3.1: Admin Draft
IS/MND 40 10 20 40 40 30 180 $24,100
Task 3.2: Draft IS/MND 10 10 16 16 16 20 88 $11,530
Task 3.3: Final IS/MND 20 30 10 10 70 $10,550
Task 3.4: CEQA Noticing 4 4 4 20 32 $3,620
TASK 3 SUBTOTAL $49,800
G.9.b
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01247.0005/707098.2 4/6/2021 C-2
Other Direct Costs $2,000
Total Hours 31 74 148 8 46 164 710
Percent of Total Labor
(Hours) 4% 10% 21% 1% 6% 23%
TOTAL COST $108,925
OPTIONAL TASK 2.7: SCS
Analysis (not included in
TOTAL COST)***
4 16 6 26 $6,500 $11,220
TOTAL COST (WITH
OPTIONAL TASK 2.7) $120,145
***Consultant shall carry out Optional Task 2.7 only upon written direction of the Contract Officer and shall not be entitled to any compensation for
Optional Task 2.7 without such written direction.
G.9.b
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01247.0005/707098.2 4/6/2021 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall immediately proceed with the Services upon issuance of a Notice to
Proceed by the Contract Officer (“NTP”) and shall complete Tasks 1 through 3.1,
including any associated tasks, within 10 weeks of issuance of the NTP.
II. For Tasks 3.2 through 3.4, Consultant shall develop a project schedule in
coordination with the Contract Officer, subject to the written approval of the
Contract Officer.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
G.9.b
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Barton Road Specific Plan
CITY OF
GRAND TERRACE
Revision: September 18, 2003
August 9, 2011
July 14, 2020
City of Grand Terrace Community Development Department
22795 Barton Road Grand Terrace 92324(909) 430-2247
G.9.c
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Table of Contents 1
I. Introduction 2
A.
Purpose of the Plan 2
B.
Project Location 2
C.
Planning Areas 4
D.
Authority 4
E.
Relationship of the Specific Plan to the General Plan 4
F.
Project Consistency with the Specific Plan 4
II. Land Use Plan 6
A.
Opportunities and Constraints 6
B.
Goals, Objectives 7
C.
Project-wide Planning Standards 12
D.
Site Planning 25
E.
Parking and Circulation 28
F.
Sign Regulations 32
G.
Specific Freestanding Building Design Guidelines 33
H.
Specific Strip Commercial Center Design Guidelines 35
I.
Landscape Guidelines 37
J. Planning Areas 39
K.
Lot Consolidation Incentives 48
III. Infrastructure 49
A.
Transportation 49
B.
Public Services 49
C.
Other Public Services & Facilities 55
IV. CEQA Compliance 57
V. Specific Plan Administration 58
Appendix
Land Use Matrix 59-64
G.9.c
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I. Introduction
A. Purpose of the Plan
Over the years, the Barton Road corridor has evolved into a mixed-use area defined by a
variety of commercial, office, service, and residential land uses. The quality and
condition of existing structures varies from exemplary contemporary projects to
substandard and visibly deteriorating areas. The dominant use along the corridor is strip
commercial that has developed over the years in a disjointed, incremental manner.
Residential uses comprise a significant amount of the Specific Plan area and are found
generally in the form of single-family homes, some of which have been converted to
commercial/office uses. Multi-family uses are predominant in eastern end of the Plan
Area south of Barton Road.
Concern was documented during preparation of the City's General Plan in 1988 that the
Barton Road commercial corridor was developing in an unplanned, disjointed manner
and that unless the area was comprehensively planned for the future; the full economic
potential of the corridor may not be realized. Of equal concern was the present physical
appearance of the area and the need to upgrade its' image as Grand Terrace's
"downtown". The original Barton Road Specific Plan was approved in 1990 and has
been periodically amended to address specific development issues associated with
individual projects. In 2002, it was determined that the Specific Plan required a
comprehensive review to determine its consistency with current State planning law and
its ability to address current and future need of the community. This need was
supplemented by changing economic conditions and acceptable development concepts
that affect potential development within the Plan area.
The purpose of this Specific Plan document and the associated "BRSP" Barton Road-
Specific Plan Zoning District is to assure the systematic implementation of the City of
Grand Terrace's General Plan within the Specific Plan area as shown in Exhibit 1. To
fulfill this purpose, the document provides a comprehensive plan of land use,
development regulations, design guidelines, development incentives and other related
actions aimed at implementing the goals and objectives set forth in the Plan.
Upon adoption by ordinance of the City Council, this plan constitutes the legally
established zoning for properties within the plan area. Moreover, it establishes certain
development regulations, standards, and guidelines within the Barton Road corridor.
This document supercedes all previous specific plans, technical master plans or similar
documents related to properties within the Specific Plan area.
B. Project Location
The Specific Plan encompasses approximately a 1.3-mile long corridor along Barton
Road extending from the Riverside Freeway (Interstate 215), on the west, to the
intersection of Barton Road and Victoria Street on the east. Major intersecting streets
include, from west to east; Michigan Street, Canal Street, Mt. Vernon Avenue, and
Preston Street (see Exhibit I, Specific Plan Area Map).
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Specific Plan Area MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Planning Area:
Specific Plan Area
Exhibit 1
3
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C. Planning Areas
The primary land use along the corridor is commercial with some office and residential
uses (see Exhibit 2, Existing Land Use Map). The corridor functions as Grand Terrace's
"downtown” and primary commercial center. City Hall is located near the eastern end
of the corridor. For these reasons, the quality and image of the area are extremely
important to the City and its residents.
D. Authority
California Government Code Sections 65450 through 65457 provide the necessary
authorization for the City of Grand Terrace to prepare and adopt this Specific Plan.
Hearings are required by both the Planning Commission and City Council. Following
these hearings, the Specific Plan is adopted by the Council either by resolution as policy
or by ordinance as regulation. Due to the regulatory nature of this Plan, it has been
adopted by ordinance.
E. Relationship of the Specific Plan to the General Plan
This Specific Plan has been prepared in compliance with the goals and policies of the
City of Grand Terrace General Plan. The Specific Plan is designed to implement the
General Plan’s various elements including Land Use and Circulation, among others.
All proposed development projects found to be consistent with the Specific Plan shall
also be deemed consistent with the City’s General Plan. The Specific Plan may be
amended as many times as necessary to further the systematic implementation of the
General Plan.
F. Project Consistency with the Specific Plan
The Barton Road Specific Plan is a regulatory plan that will serve as zoning law for
properties within the boundaries of the Plan as depicted in Exhibit I. All administrative
and discretionary development approvals must be consistent with this Specific Plan.
These approvals include, but are not limited to the following:
Subdivisions and parcel maps
Conditional Use Permits
Site and Architectural Review
Land Use Permits
Master Development Plans
Development Agreements
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNONVIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Existing Land Use MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Planning Area:
Specific Plan Area
Exhibit 2
5
N
Low Density Residential
Medium Density Residential
Public/ Institutional
Vacant Land
Office Commercial
General Commercial
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II. Land Use Plan
A. Opportunities and Constraints
As with any physical development program, especially in an area that has already
experienced urban development, certain aspects of the environment act as constraints to
the achievement of desired development goals while others offer opportunities which
can be taken advantage of to promote the types of development envisioned for the area.
The original Barton Road Specific Plan preparation included an analysis of the existing
physical conditions of the plan area. Based upon that analysis, the following list of
opportunities and constraints was prepared.
1. Development of quality commercial and office uses will be encouraged.
2. Incremental development of strip commercial uses on small lots will be strongly
discouraged as will be the conversion of residential units to commercial or office
uses.
3. The overall physical image of the area requires upgrading in order to attract and
maintain quality development.
4. Existing General Plan land use designations and zoning should remain basically
the same, but site development standards will change to achieve higher quality
development and discourage strip-type development.
5. A variety of incentive programs will be necessary in order to achieve the desired
level of quality development envisioned for by the City.
When combined with public policy input (goals and objectives), the opportunities and
constraints become the ingredients used in formulating the overall direction of the
Specific Plan. The identified opportunities and constraints are as follows:
Opportunities
Capitalize on existing physical features and land uses that contribute to and
reinforce a feeling of low density and pedestrian scale along the corridor.
Implement a programmatic land use plan and urban design theme, which
establishes a "village" character and provides Grand Terrace's downtown with
a "sense of place".
Recapture retail sales leakage to surrounding communities, including both local
and community level goods and services with an emphasis on quality.
Encourage the merger and development of small, underutilized properties along
the corridor, especially west of Canal Street and at the northwest corner of
Barton Road and Mt. Vernon Avenue.
Preserve, whenever possible, significant existing trees along the corridor and
emphasize the provision of trees in new development.
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Constraints Lack of cohesiveness, land use consistency and community focal points; current
strip commercial orientation lacks concentrated activity centers. Corridor lacks
a sense of place.
Lack of pedestrian areas and amenities, including plazas, courtyards, public
parks, cultural or entertainment features.
Location of existing potentially conflicting residential land uses and trailer
park.
Lack of freeway- and travel-related commercial land uses, such as family
restaurants.
Lack of a consistent and continuous urban design and landscape theme. Image
of private developments requires upgrading.
Majority of parcels are fragmented and under individual ownership. Many of
the lots are of a long, narrow configuration, which is difficult to develop without
merger with adjoining parcels.
Conversion of single-family residences to office/commercial uses constrains
higher quality development.
Image of corridor is fragmented in terms of uses, setbacks, landscaping, right-
of-way improvements and architectural style.
Existing commercial centers in adjacent cities (Colton, Loma Linda) draw local
market and its sales dollars.
B. Goals, Objectives and Policies
The purpose of this section is to articulate the Goals, Objectives, and Polices for the
Barton Road Specific Plan and begin the foundation for subsequent sections of this
Plan.
GOALS: Broad statements that define the community's hope for the future. They
are general in nature and do not indicate when and how these goals are to be
accomplished.
OBJECTIVES: Statements of intent that generally guide future decisions in
specific topic areas.
POLICIES: More specific statements of intent to deal with particular topics in a
certain fashion. They begin to define the approach to achieve the Plan objectives, and
are the first step in the development of a solution by forming the basis of standards and
regulations.
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OVERALL GOAL
To create a dynamic "downtown" commercial center that is attractive and of
high quality, unifying community design image, reflective of a "village" identity,
and providing an economically viable setting for a balanced mixture of
commercial and administrative/professional uses with safe, efficient circulation
and access.
In an effort to further define and prioritize this overall goal statement, the following
Community Design, Land Use/Economic, Circulation, Environmental, and
Infrastructure goals and objectives are provided.
COMMUNITY DESIGN
GOAL: Create the community design image that expresses and enhances a
unique "village" scale, character and identity for Grand Terrace.
OBJECTIVES:
Provide a pedestrian-oriented circulation system that identifies a "village" center or downtown.
Provide an entry statement at Interstate 215 and Barton Road intersection that enhances the village orientation of the community.
Promote compatible building elevations that provide transition at, or linkages between, commercial, and residential areas while protecting adjoining established residential neighborhoods.
Through continued implementation of the City street tree program, promote contemporary landscape treatments throughout the corridor. The landscaping should be of a drought-tolerant, low-maintenance nature and able to withstand occasional high winds and intense urban conditions, such as smog and automobile exhaust.
Provide for the elimination or screening of visually objectionable views such as outdoor storage, utility cabinets, trash bins, roof-mounted equipment, blank side walls, recycling equipment, and loading areas through the implementation of design guidelines.
POLICIES:
Develop consistent streetscape and architectural palettes that are
sensitive to the creation of a "village" statement for Barton Road. (It is
not the intent of this thematic requirement to discourage innovative or
contemporary architectural expressions or to imitate the architecture of
the past, but to promote the harmonious coexistence of architectural
styles varying from restoration to contemporary architectural themes.)
Require compliance with the community design guidelines in plans for
new development or expansion or redevelopment of existing
development; incorporate community design as a major consideration in
site plan review and approval.
Utilize landscape materials on private property that are clean, safe, wind
resistant, and relatively low maintenance. Informal landscape forms
should be utilized in the corridor to emphasize the "village" atmosphere
and scale.
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Develop an incentive program that rewards private sector development
for providing certain "extra" design amenities within their projects. Of
particular interest are passive solar techniques such as building
overhangs, arcades, awnings and extra tree plantings, especially in
parking lot areas. Consideration should be given to special paving
materials used in place of asphalt in vehicular areas. Provide incentives to expedite removal of signs that do not conform to
the regulations of this Specific Plan.
Consider economic incentives for owners who wish to architecturally
rehabilitate, refurbish, or upgrade landscaping on existing properties.
Designate special on-site landscape and architectural features at the Mt.
Vernon/Barton Road intersection location, combining thematic plantings
with complementary architectural statements designed to promote a
distinctive thematic character for this activity node. Changes in paving
materials, plant materials, lighting, signing, and sizing of adjacent
structures should occur at this intersection to enhance its distinctiveness.
Require that new development be sensitive to significant mature trees
and views of natural landforms, such as Blue Mountain.
LAND USE/ECONOMIC
GOAL: Develop a Specific Plan that is responsive to community land use and
fiscal needs.
OBJECTIVES:
Maximize the economic position of the Barton Road commercial
activities, capturing neighborhood, sub-regional, as well as travel-related
demand. Sales tax-generating uses should be emphasized.
Promote distinctive commercial clusters (versus strip commercial) that
are sensitive to a village-scale.
Require master planning at key sites within the Specific Plan area to
assure integrated development utilizing coordinated access, parking,
building orientation/location, pedestrian and transit facilities.
Encourage a mixed-use (retail/office) development concept to add
variety throughout the commercial corridor.
Ensure the gradual upgrade of underutilized parcels functioning at less
than their market potential.
Encourage consolidation of elongated parcels and improve vehicular
access to deep lots along the corridor.
Focus on attracting new commercial uses through economic
development activities.
POLICIES:
Establish regulations and provide incentive bonuses that promote
pedestrian oriented plazas and courtyards; encourage active retail
commercial uses at key intersections along Barton Road.
Prepare development regulations and guidelines that clarify the
expectations of the City in terms of quality development.
Establish regulations that assure compatibility of new commercial uses
with the "village" design concept while employing specific, well-
designed-buffers from adjacent residential development.
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Establish and incentive/bonus program of lot consolidation along the
corridor to encourage development into planned concentrations, as
opposed to a linear strip commercial configuration. Establish redevelopment programs to assist business with property
improvements. Develop incentives/regulations to encourage priority village oriented
land uses at the Mt. Vernon/Barton Road intersection.
Encourage the development of superior architectural and site planning
design which, in time, will create an image of regional magnitude for
Barton Road that attracts quality-oriented specialty shops as well as
additional shoppers.
Establish land uses that complement existing village orientation within
the Specific Plan area.
CIRCULATION
GOAL: Maintain a circulation system that facilitates efficient, safe vehicular and
pedestrian traffic and enhances the community design character along
Barton Road.
OBJECTIVES:
Limit and/or consolidate vehicular access points onto Barton Road.
Develop a mixture of land uses that reduce home/work trips within the
corridor and the City.
Provide for and phase necessary infrastructure improvements, such as
under grounding utilities and landscaping to maximize the efficiency of
traffic as well as add to the aesthetic quality of Barton Road.
Encourage use of local transit programs wherever possible and enhance
use of bus facilities.
POLICIES:
Establish the placement of bus shelters and bus turnouts to assist traffic
safety and efficiency.
Require pedestrian-oriented amenities at key activity nodes through
private development improvements.
Reduce the number of vehicular trips between individual sites that must
use Barton Road by requiring private projects to secure reciprocal
parking access agreements prior to development. Shared parking and
access will facilitate efficient parcel usage and minimize traffic support
facilities such as drives, parking spaces, etc.
Discourage new developments from taking primary access from
residential streets, by developing internal circulation systems that direct
traffic away from adjacent neighborhoods.
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ENVIRONMENTAL
GOAL: Maintain the highest possible environmental quality within the Specific
Plan area, by balancing the impacts of development with environmental
concerns.
OBJECTIVES:
Establish regulations that preserve significant environmental features,
such as mature trees and views of local mountains within the Barton
Road corridor.
Through the project approval process and the imposition of conditions or
mitigation measures, ensure that all development within the Specific
Plan area will not decrease environmental quality, and will wherever
possible create a higher quality environment.
POLICIES:
Prepare a map of significant trees that may be considered for
preservation.
Require all new development to meet General Plan environmental
regulations. Of particular concern are noise, lighting, and traffic impacts
upon adjoining residential properties generated by commercial uses.
INFRASTRUCTURE
GOAL: Maintain a high level of public services and facilities to all businesses
along Barton Road.
OBJECTIVE:
Coordinate all development activity with the construction of public
infrastructure.
POLICIES:
Require that all public services and facilities be available or that other
financial arrangements be instituted prior to issuing building permits.
As a condition of approval, require developers to install needed public
improvements, such as street lighting, landscaping, sidewalks, curbs, and
gutters adjacent to their property during the first phase of development.
Require that all utilities be installed underground as a condition of
development approval.
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C. Project-wide Planning Standards
1. Comprehensive Land Use Plan
The primary concepts upon which preparation of the Land Use Plan are based
are 1) the retention and upgrading of appropriate existing uses within the
corridor, and 2) the expansion of opportunities for new quality development. In
addition, the Plan is based on the following more specific planning concepts and
ideas concerning the desired future for the Barton Road corridor.
Heavier, general commercial uses and uses serving freeway motorists are
appropriate near the freeway (Planning Area 1) while less intensive
commercial (specialty) retail uses are more appropriate within the
"village" atmosphere provided for in Planning Area 2. Moving further
away from the freeway, office uses are provided for in Planning Area 3
(refer to Exhibit 3, Planning Area Map).
The Barton Road corridor functions as the City's "downtown"
commercial core. As such, its' image needs to be upgraded to reflect this
important role in the community.
Strip commercial development on small, disaggregated lots does not lend
itself to the image, scale, or function desired for the Barton Road
corridor.
The conversion of residential structures to commercial/office uses needs
to be regulated in such a way as to ensure compatibility with surrounding
development and the over-all image and function of the corridor.
The consolidation of small parcels needs to be required and "incentives"
provided for exceptional consolidation schemes.
2. Project Wide Planning Standards
Master Plan Areas
The intent of a master development plan is to provide a tool to initiate pre-
development planning in areas consisting of multiple ownerships and lots with
narrow street frontages in order to avoid strip commercial development with its
typical proliferation of curb cuts, signs, parking in the front of buildings, and
general lack of visual and functional continuity.
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Master Plan Area 1
A Master Development Plan shall be required for the area located south of
Barton Road between Michigan Street and Canal Street, designated Master Plan
Area 1. This area is characterized by numerous deep narrow lots with many
existing driveways. The following special development regulations shall apply
to Master Plan Area 1. In addition, two Development Concept Plans have been
prepared for the area to guide future development. The concept plans are not
mandatory, but provide potential developers and property owners with guidance
as to the City's intent for the area (see Exhibit 4, Master Plan Area No. 1 –
Development Concept Plan).
a) Minimum street frontage -The minimum street frontage for any development
site in Master Plan Area No 1. shall be 300 feet under single ownership.
b) In lieu of providing 300 feet of street frontage under single ownership, an
applicant may participate with adjoining property owners to prepare a master
development plan, which encompasses a minimum of 300 feet of street
frontage. The plan shall indicate how development of the proposed site
integrates the various properties into a single comprehensively planned area.
The plan shall contain, at a minimum, all of the components listed under
item 10 of the General Provisions section. Development of individual
parcels may only proceed in accordance with the approved master
development plan.
c) Front yard setback -A 25-foot front yard setback from Barton Road is
required except as provided in item 3 below. The setback area shall be
landscaped with a combination of rolling berms, low walls, clusters of trees,
shrubs, and ground cover. Monument signs may encroach to within 5 feet of
the front property line. Parking may not encroach into the front setback
area.
d) Street adjacent buildings -For each master planned development, a minimum
of 35 percent of the street frontage along Barton Road shall be occupied by
buildings located within 20 feet of the front property line.
e) Lot consolidation bonus - Development applicants who successfully
consolidate properties under different ownerships may be eligible to receive
development bonuses in the form of relaxations of development regulations
and/or processing fees. Lot consolidation bonuses are discussed in a later
part of this section.
f) The following regulations and standards are in addition to, and/or supersede,
other regulations in this Specific Plan whenever a Master Development Plan
is required.
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Planning Area MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.This map is for reference only. For detailed information, please consult with the Community Development Department.
Planning Area:
Specific Plan Area
Exhibit 3
14
N
Planning Area 1
Planning Area 2
Planning Area 3
PLANNING AREA 1 PLANNING AREA 2
PLANNING AREA3
(2)Master Plan Area
(2)
(1)
(3)(4)
(5)
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Based upon specific site conditions, the Director of Community Development may determine
that a Master Development Plan is required in other areas to ensure the proper development of
a specific area. The Director’s decision to require a Master Development Plan may be appealed
to the Planning Commission. These areas may include the following: Master Plan Area 2 – North side of Barton Road between Michigan Street and
Canal Street
Master Plan Area 3 – Northwest corner of Barton Road and Mt. Vernon Avenue
Immediate properties surrounding the Barton Road/Mt. Vernon Avenue
intersection.
Although a Master Development Plan may not be required for proposed development within
these designated areas, the following design guidelines should be implemented.
Master Plan Area 2
The following special development regulations shall apply to Master Plan Area 2.
1) Minimum street frontage - If lots are consolidated, the minimum street
frontage for any development site in Master Plan Area No.2 should be
300 feet under single ownership. In lieu of providing 300 feet of street
frontage that is under single ownership, an individual property owner
may be required to participate with adjoining property owners in
reciprocal access easements designed to reduce the total number of
driveways on Barton Road, as described under item a (1) above and the
General Provisions section.
2) Front Yard setback - The minimum front yard setback in Master Plan
Area 2 shall be 20 feet. Signs may encroach to within 5 feet of the front
property line. Parking should not encroach into the required setback
area. The entire setback area shall be landscaped.
3) Lot consolidation bonus - Development applicants who successfully
consolidate properties under different ownerships may be eligible to
receive development bonuses in the form of relaxations of development
regulations and/or processing fees as determined appropriate by the
Planning Commission.
Master Plan Area 3
The following specific development regulations shall apply to Master Plan Area 3.
1) Street adjacent buildings required - Buildings may be located to within 5
feet of street right-of-way lines along Barton Road and Mt. Vernon
Avenue within 100 feet of the corner.
2) Lot consolidation bonus - Development applicants who successfully
consolidate properties under different ownerships may be eligible to
receive development bonuses in the form of relaxations of development
regulations and/or processing fees as determined appropriate by the
Planning Commission.
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Two additional areas within Planning Area 3 are encouraged to develop under Master
Plans. Both areas currently contain mixed uses on several small often odd shaped
parcels. The purpose of these Master Plans is to provide for quality cohesive
office/commercial developments while limiting the number of driveways on Barton and
promoting the efficient use of land through shared parking.
Master Plan Area 4
Master Plan Area 4 is located at the northeast corner of the Barton Road and Palm
Avenue, west of City Hall. The area is currently developed as mixed uses including
offices, single family and multi-family residential, and vacant property. Proposed
projects should be compatible with those of the Civic Center.
Master Plan Area 5
Master Plan Area 5 is located at the southwest corner of Barton Road and Preston
Street. The area is characterized by limited office/commercial uses and multi-family
development. The proposed Master Plan will provide a design guideline that addresses
the efficient development of mixed commercial and office professional uses and serve
as an eastern gateway to the community.
Development in both Master Plan Areas 4 and 5 shall be consistent with the design
standards and permitted land uses of the Office Professional Zone. Lot consolidation,
reciprocal access, and reciprocal parking shall be encouraged. If development of
individual lots is proposed, the project will be evaluated based upon its ability to
ultimately blend with existing and proposed adjacent parcel development to create a
cohesive project.
3. Project Wide Design Guidelines
All commercial and office development (new and rehabilitation) located within the
Barton Road Corridor Specific Plan area is subject to the design guidelines/standards
contained herein.
The design guidelines will serve as general standards that should be used for design
review when either of the following actions occur:
Any new development
Any major addition or enlargement of an existing structure or use
GENERAL ARCHITECTURAL GUIDELINES FOR ALL DEVELOPMENT
The following section provides numerous written and illustrated design directions related to the
basic quality of commercial building, architecture, color, and scale. This portion of the Specific
Plan addresses each of these elements in general terms and establishes the basic principles,
which are expanded upon in much more detail through the application of the following
"specific architectural guidelines and standards". This section "paints the overall picture" for
the design principles felt to be important in Grand Terrace. They should not be viewed as
standing alone but rather in concert with the more specific guidelines found in the subsequent
section of these guidelines.
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Each guideline should be considered for how it applies to a given project in creating a "village"
atmosphere. The illustrated examples are intended as images, which communicate ideas and
should not be viewed as design solutions necessitating strict adherence.
1. Desirable Elements
The qualities and design elements for commercial buildings (including offices) on
Barton Road that are potentially most desirable include:
richness of surface and texture
significant wall articulation (insets, canopies, wing walls, arcades, trellises,
porches, dormers, etc.)
multi-planed, pitched roofs
roof overhangs
regular or traditional window
rhythm
articulated mass and bulk
interesting and articulated wall
surfaces
wood siding, wood shingles (wall)
brick and stucco accents (wall)
wood shingles and tile (roof)
2. Undesirable Elements
Potentially undesirable elements include:
highly reflective surfaces
large blank, unarticulated stucco wall surfaces
unpainted concrete precision block walls
reflective glass
corrugated metal siding on the main façade
plastic siding
irregular, modernistic window shapes and rhythm
square "boxlike" buildings
standing seam metal walls on the main façade
mix of unrelated styles (i.e. rustic wood shingles and polished chrome)
3. Exterior Wall Materials Palette
The following palette of exterior wall materials is strongly encouraged:
wood siding (horizontal or vertical or diagonal)
wood shake
river cobble
slate
brick (natural colors)
stucco (as an accent only, extensive use not appropriate)
clay tile (natural colors)
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The following materials are discouraged
as primary exterior wall materials:
natural, unfinished concrete
stucco
corrugated metal
reflective glass
standing seam metal walls
plywood (painted or otherwise)
corrugated Fiberglass
illuminated sidings and awnings
plastic laminate
un-milled, bare aluminum
painted white brick
unpainted concrete block/precision block
4. Height
Building heights should relate to open spaces to allow maximum sun and ventilation,
protection from prevailing winds, enhance public views of surrounding rural hillsides
and minimize obstruction of view from adjoining structures.
Height and scale of new development should be compatible with that of surrounding
development. New development height should "transition" from the height of adjacent
development to the maximum height of the proposed building.
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5. Bulk
Large buildings which give the appearance of "square box" buildings are generally
unattractive and detract from the overall scale of most buildings along Barton Road.
There are several ways to reduce the appearance of excessive bulk in large buildings.
Vary the planes of the exterior walls in depth and/or direction.
Vary the height of the buildings so that it appears to be divided into distinct
massing elements.
Articulate the different parts of a building's facade by use of color, arrangement
of facade elements, or a change in materials.
Use landscaping and architectural detailing at the ground level to lessen the
impact of an otherwise bulky building.
Avoid blank walls at the ground floor levels. Utilize windows, trellises, wall
articulation, arcades, change in materials, or other features.
6. Scale
For purposes of this plan, “scale” is the relationship between building size and the size
of adjoining permanent structures. It is also how the proposed building's size relates to
the size of a human being. Large scale building elements may appear imposing if they
are situated in a visual environment of a smaller scale as is typical in along Barton
Road. The key idea here is "pedestrian scale".
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Building scale can be reduced through window patterns, structural bays, roof
overhangs, siding, awnings, moldings, fixtures, and other details. The scale of buildings should be carefully related to adjacent pedestrian areas
(i.e. plazas, courtyards) and buildings.
Large dominating buildings should be broken up by: 1) creating horizontal
emphasis through the use of trim; 2) adding awnings, eaves, windows, or other
architectural ornamentation; 3) use of combinations of complementary colors;
and 4) landscape materials.
Utilize "infill" structures to create transitions in bulk and scale between large
buildings and adjacent smaller buildings.
7. Color
Color can dramatically affect the visual appearance of buildings and must be carefully
considered in relation to the overall design intent of the building. Color can also affect
the apparent scale and proportion of buildings by highlighting architectural elements
such as doors, windows, fascias, cornices, lintels, and sills.
Dominant Building Color -Much of the existing color in Grand Terrace is derived
from the primary building's finish materials such as brick, wood, stucco, and terra cotta
tile. Also dominant are earth tones which match these natural materials.
The dominant color of new buildings should relate to the inherent color of the
primary building's finish materials.
Large areas of intense white color should be avoided. While subdued colors
usually work best as a dominant overall color, a bright trim color might be
appropriate if it can be shown to enhance the nearby visual environment.
The color palette chosen for a building should be compatible with the colors of
adjacent buildings. An exception is where the colors of adjacent buildings
strongly diverge from these design guidelines.
Wherever possible, minimize the number of colors appearing on the building
exterior. Small commercial buildings should use no more than three colors.
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Accent Colors- Depending on the overall color scheme, an accent color may be
effective in highlighting the dominant color by providing contrast or by harmonizing
with the dominant color. Primary colors shall only be used to accent building elements, such as door and
window frames and architectural details. Bright or intense colors (not including
fluorescent colors) can also be used to accent appropriate scale and proportion
or to promote visual interest in harmony with the immediate environment.
In buildings of a particular historical character or village architectural style,
exterior color should be similar to typical buildings of this type.
Architectural detailing should be painted to complement the facade and tie in
with adjacent buildings.
Accent colors for trim should be used sparingly and be limited in number for
each building. Accent colors on adjacent buildings should be chosen to
complement one another.
Color Palette - The dominant color of new buildings constructed on Barton Road shall
be similar to the inherent color of eal1htones found in the area. The following colors
should not be used as primary wall colors.
Aquamarine
bright or hunters orange
chartreuse
cherry or "fire engine" red
chrome yellow
all day-glo colors
purple
turquoise
fluorescent colors
The following soft earthtone colors are recommended as primary wall colors:
almond
bluegrass
brick
burgundy
cedar beige
chamois
cobblestone
cordovan
cream
driftwood gray
gray
Monterey pine
peacock green
puce
rose quartz
topaz
Other colors within the above color scheme may also be acceptable.
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8. Exterior Walls Buildings shall be designed to avoid simple "boxlike" structures. Horizontal or
vertical wall articulation shall be expressed through the use of full roofs,
projecting wing walls, wall offsets, recessed entries, awnings, roof overhangs,
second floor setbacks, or covered arcades.
All building sides should be painted and contain architectural treatment
previously, discussed.
Freestanding buildings with walls at or less than 100 feet from a curb line
should not have continuous, visually unbroken walls. The front plane of the wall
shall be a maximum of sixty feet in length, at which point horizontal or vertical
articulation is required. This articulation could be established through the use
of varying front wall setbacks, multi-planed roofs, second floor setbacks,
porches, arcades, awnings, recessed entries, wing walls, roof overhangs, etc.
Freestanding buildings should exhibit a minimum of a one to one "void to solid"
ratio on at least two building facades. This means that two of the walls shall be
at least 50% wall to 50% window or door opening. The remaining two walls
shall be articulated in some manner.
9. Windows
In general require the first floor of all commercial structures to have sufficient
areas of glass to give an open, public character to Barton Road in keeping with
the "village" atmosphere.
Large, continuous expanses of glass without careful detailing give an urban
character and should be avoided. Glass areas can be subdivided by mullions,
panes, or decorative millwork to reduce a window to human scale.
Horizontal repetition of single window elements over long distances should be
avoided.
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To maintain a distinction between upper and lower floors, the ground level
facade should have larger patterns of glass than the upper. Bay, bow and box windows can be used to add visual interest to a facade by
providing variety, shadow and texture. They also become focal points for
merchandising and help reduce large windows to a more human scale.
The pattern, size and type of window used should be appropriate to the
character of the building.
Tinted glass can be used to reduce solar gain; however, deeply tinted glass
which stops views into the interior should be avoided. Highly reflective glass is
not appropriate.
Window frames can be constructed of numerous materials including steel,
anodized aluminum, wood, wood and metal and vinyl-covered wood; however,
the materials and finish of the frame should be appropriate to the overall
building character. Silver and gold colored aluminum frames should be avoided
in favor of black or brown anodized colors.
10. Roofs
The roofline at the top of the structure should not run in continuous
plane for more than 100' without offsetting or jogging the roof plane.
Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on
a portion of the building perimeter only) are discouraged. Mansard
roofs, if utilized on commercial structures, shall wrap around the entire
building perimeter.
All roof top equipment shall be screened from public view by screening
materials of the same nature as the building's basic materials.
Mechanical equipment should be located below the highest vertical
element of the building.
The following roof materials are not acceptable:
o corrugated metal
o high contrast or brightly colored glazed tile
o highly reflective surfaces
o illuminated roofing
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Dormers, when appropriate to the character of the building, can be used
to add interest to the roofline and to introduce natural light into the
building. Roofing materials that are most appropriate to the "village" character of
Barton Road are heavy wood shingles and terra cotta tile. Concrete roof
tiles in neutral colors may also be appropriate.
11. Awnings
General use of awnings along a row of contiguous buildings shall be restricted
to awnings of the same form and location. Color of the awnings shall be
consistent and a minimum eight-foot vertical clearance is required.
Signage on awnings shall be permanently attached to the awnings themselves
and be restricted to the awning's flap (valance) or to the end panels of angled,
curved, or box awnings.
Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited. Canvas,
treated canvas, matte finish vinyl, and fabric awnings are encouraged.
Internally lit awnings are not acceptable.
D. Site Planning
Placement of buildings should consider the existing built context of the commercial
area, the location of incompatible land uses, the location of major traffic generators, as
well as an analysis of a site's characteristics and particular influences.
1. General Design Principles
Buildings should be sited in a manner that will complement the adjacent buildings.
Building sites should be developed in a coordinated manner to provide order and
diversity and avoid a jumbled, confused development.
Whenever possible, new buildings should be clustered. This creates plazas or
pedestrian malls and prevents long "barracks-like" rows of buildings. When clustering
is impractical, a visual link between separate buildings should be established between
buildings. This link can be accomplished through the use of an arcade system, trellis, or
other open structure.
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Locate buildings and on-site circulation systems to minimize pedestrian/vehicle
conflicts where possible. Link buildings to the public sidewalk where possible with
textured paving, landscaping, and trellises. Recognize the importance of spaces between buildings as "outdoor rooms" on the site.
Outdoor spaces should have clear, recognizable shapes that reflect careful planning
and are not simply "left over" areas between buildings. Such spaces should provide
pedestrian amenities such as shade, benches, fountains, etc.
Freestanding, singular commercial structures should be oriented with their major entry
toward the street where access is provided, whenever feasible, as well as having their
major facade parallel to the street.
2. Setback Standards
To ensure the functional enhancement of major streets and safety of the traveling public
as it pertains to adequate visibility, approval shall not be given for any building or
structure to be located within the designated building setback of a major street as
established by district regulations contained in this Specific Plan.
Building setback lines are established by the Barton Road Corridor Specific
Plan for front, side and rear yard provisions depending on the particular land
use district designation.
3. Open Space
Open space for purposes of these design guidelines is considered the portion of the lot
where there are no buildings, parking, or area included in required setbacks. These areas
shall be either fully landscaped or hardscaped in a decorative paving material utilizing
patterned/colored concrete or pavers.
Open space areas shall be clustered into larger, predominant landscape areas
rather than equally distributing them into areas of low impact such as at
building peripheries behind a structure or areas of little impact to the public
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view, where they are not required as a land use buffer or as a required yard
setback.
4. Land Use Buffering
Commercial development on properties adjoining any residential zone shall incorporate
the following standards in addition to those standards already specified in the site
development standards of this Specific Plan.
A six-foot opaque wall shall be placed on or just inside the property line. A five
foot landscape strip area will be provided on the inside of the wall. The wall
should be lowered to three feet within the front setback.
Evergreen trees, having a minimum size of 15 gallons, shall be planted at least
20 feet on center, depending on species, or clustered in equal amounts to screen
parking or architecture.
5. Lighting
Maximum height for building and freestanding lighting shall not exceed 18'.
If property is adjacent to a residential area or residentially zoned property, the
lighting shall be screened from these areas.
Lighting shall be directed away from adjacent roadways and shall not interfere
with traffic or create a safety hazard.
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6. Site Grading
Site grading must recognize existing drainage patterns, while functionally solving
drainage problems that may exist or result from ground plane alterations during
construction. Likewise, site grading must be sympathetic to existing land forms while
providing appropriate transition of architectural elements to grade. Site grading must
also provide for an uninterrupted flow of vehicular and pedestrian traffic through the
development. The plan must direct and provide adequate flow of surface run-off to
catch basins while gracefully contouring the land to blend with existing conditions at
the boundaries of the site.
E. Parking and Circulation
Parking lot design can be a critical factor in the success or failure of a commercial use. In
considering the possibilities for developing a new parking area, a developer should analyze
the following factors: ingress and egress with consideration to possible conflicts with street
traffic; pedestrian and vehicular conflicts; on-site circulation and service vehicle zones; and
the overall configuration and appearance of the parking area.
1. General Design Principles
All commercial parking areas shall be designed in accordance with Chapter 18.6 of the Zoning
Ordinance unless otherwise stated in this Specific Plan.
Office and commercial parking lots and access drives should be designed utilizing the criteria
shown in the following exhibits.
Parking lot plans shall incorporate the following as appropriate:
Dimensions for internal spacing, vehicle circulation and landscaped areas
Curbing, stall marking, signing, pedestrian crossings, and other vehicular devices.
Location of lighting fixtures
Location of trash enclosures
Location of drainage inlets
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Location of fire hydrants Location of landscaped areas Material design of perimeter walls Utility cabinets and transformers Bike racks Spot elevations
If future expansion is expected, space must be reserved for future parking.
Whenever a driveway is abandoned, the owner shall remove all driveway pavements,
replace the curb, and landscape the area to match the adjacent landscaping.
Any on-street parking shall not count in meeting parking spaces required.
Parking areas shall be separated from buildings by either a raised concrete walkway or
landscaped strip with a six inch curb. Situations where parking spaces directly abut the
buildings shall be avoided.
Where reciprocal parking and/or access agreement are planned, show how these
situations relate to the proposed development.
2. Parking Area Design
All parking spaces should be clearly and permanently outlined on the surface of the
parking facility.
Handicapped parking stalls shall be so located that a handicapped person is not
compelled to wheel or walk behind parked cars other than their own. Also, the path of
travel from the parking area to the building area for handicapped persons shall not
exceed a maximum slope of 1:12.
Parking lot design should provide for connection to adjacent parcels where uses are
compatible and said connection is practical.
Locate parking area to the sides and rear of buildings whenever possible.
Parking facilities shall be designed in such a manner that any vehicle on the property
will be able to maneuver as necessary so that it may exit from the property traveling in
a forward direction.
Off-street parking facilities shall be designed so that a car within a facility will not have
to enter a street to move from one location to any other location within the same
parking facility.
Parking areas which accommodate a significant number of vehicles should be divided
into a series of connected smaller lots. Landscaping and offsetting portions of the lot
are effective in reducing the visual impact of large parking areas.
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3. Entry Location/Design
Where a corner location is being developed, locate parking lot entries on side streets
(or the less busy street) to maximize landscaping and minimize pedestrian/vehicular
conflicts whenever possible. Design major site entries with appropriately patterned
concrete or pavers to differentiate them the sidewalks.
Site access points, whether located on major or side streets should be located as far as
possible from street intersections 100 feet is recommended and is required at the Barton
Road/Mt. Vernon Avenue intersection along Barton Road.
Encourage projects to incorporate reciprocal access easements to improve internal
vehicular movements.
Link individual projects and parking areas with on-site driveways which are clearly
identified and easily recognized as connectors.
Where parking areas are connected, interior circulation should allow for a similar
direction of travel and parking bays in all areas to reduce conflict at points of
connection.
Access roads and/or driveways for commercial developments should be located at least
200 feet apart. Also, access drives and/or driveways should be located a minimum of 10
feet from property lines.
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4. Circulation Design parking areas so that pedestrians walk parallel to moving cars.
Minimize the need for the pedestrian to cross aisles. Design the parking lot so
that drive aisles are perpendicular to the majority of buildings or major tenant.
Vehicular circulation through a parking facility should be directed away from
fire lanes (typically adjacent to the back of stores) to the outer edge of the
parking lot where there is less pedestrian traffic.
The parking area should be designed in a manner which links the building to the
street sidewalk system as an extension of the pedestrian environment. This can
be accomplished by using design features such as walkways with enhanced
paving, trellis structures, and/or landscaping treatments.
Driveway entry throats should be at least 25 feet wide, and preferably 30 to 35
feet wide, so that an entering vehicle does not interfere with an exiting vehicle.
Narrower driveway throats lead to conflict between entering and exiting
vehicles, causing one to stop and wait for the other.
Parking areas should have a minimum number of entrances and exits to
minimize conflicts at entries and reduce possible congestion at street
intersections.
The first parking stall which is perpendicular to a driveway or first aisle
juncture, shall be at least 40 feet back from the curb. With larger centers,
significantly more setback area may be required. The reason for this
recommendation is to provide a queuing area off the street so that if a vehicle is
parking in or leaving the stall nearest the street, there is room for at least one
vehicle to queue while waiting for the other vehicle. Without this provision
vehicles will queue into the street.
Parking spaces shall not block access to the trash enclosure.
Location of trash enclosures should not interfere with parking or circulation
area and should be located to minimize their visibility while not hindering
access for trash pick-up.
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5. Screening of Parking Areas Where practical, lowering the grade of the parking lot from existing elevations
may aid in obscuring views of automobiles while promoting views of
architectural elements.
Utilize a 36" high opaque wall or landscaping to screen any parking at the
street periphery. A combination of walls, berms, and landscape material is
highly recommended.
6. Bicycle and Pedestrian Linkage
Whenever possible, linkages between commercial facilities and adjacent
residential areas should be provided to encourage pedestrian and bicycle
circulation and increase overall safety. Bicycle travel along Barton Road is not
encouraged.
Commercial facilities should provide bicycle storage racks at the rate of one
rack per each thirty five (35) vehicle parking spaces. These should be provided
in accordance with provisions contained in Appendix E.
All bicycle and pedestrian linkages must be well lighted and designed to provide
a high level of security.
F. Sign Regulations
1. Required Compliance
The purpose of the sign regulations is to provide the means for adequate identification
of buildings and businesses by regulating and controlling the design, size, and location
of all signs within the Specific Plan area. All signs within the Barton Road Specific
Plan area shall comply with the sign provisions of Chapter 18.80 (Signs) of the City of
Grand Terrace Zoning Code, but with the following exceptions:
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Village Commercial (VC) District
o Single Tenant Facilities – Wall or canopy signs shall not exceed 75
square feet based upon an area of one square foot of sign area per each
lineal foot of building street frontage.
o Multiple Tenant Facilities – Wall and canopy signs shall not exceed 50
square feet based upon one square foot of sign for each lineal foot of
building street frontage.
o Monument type signs shall not exceed 24 square feet for any parcel with
less than 300 feet of street frontage and a maximum size of 32 square
feet for any parcel with 300 feet or more of street frontage. They shall
not exceed a height of six (6) feet above grade.
General Commercial (GC) District
o Multiple Tenant Facilities - Monument type signs shall not exceed 24
square feet for any parcel with less than 300 feet of street frontage and a
maximum size of 32 square feet for any parcel with 300 feet or more of
street frontage. They shall not exceed a height of six (6) feet above
grade.
2. Sign Modifications
The Community Development Director may approve a sign that does not strictly
adhere to the sign provisions of the Chapter 18.80 of the City Zoning Code and
an exception noted above where such sign is compatible with the surrounding
development and is in harmony with the general aesthetics and welfare of the
local area.
The Planning Commission has the authority to allow deviations from the sign
ordinance to approve creative and innovative sign programs or sign solutions
under exceptional or unusual circumstances.
G. Specific Freestanding Building Design Guidelines
1. Design Issues
This category includes buildings housing a single use (possible two) which are designed
to stand apart from adjacent buildings usually located in a center. These buildings may
range in size from the tiny fast food drive-in to a hotel. Since various uses within
freestanding buildings have different design problems or opportunities, these nuances
must be considered.
There are several design issues related to freestanding buildings which are not shared by
the other categories:
Freestanding buildings generally are viewed from all sides so that landscaping
and building materials must be considered on all sides of the buildings.
Freestanding buildings generally are smaller than the strip commercial centers
or shopping centers and can be overshadowed by them.
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Freestanding buildings have more opportunities for creative design since the
design is directed toward a single use. Freestanding buildings have more opportunity for signs, but signs can easily
overwhelm the building.
A freestanding building usually has its own parking lot typically with its own
access point(s) and often is segregated from adjacent lots.
2. Design Guidelines
Use Distinctive Massing -Food service establishments, offices, and financial
institutions offer the best opportunity for varied building massing and such
variation is encouraged to add interest to the environment.
Use Intimate Scale -Commercial establishments, offices, and financial
institutions emphasize personal service as their primary products. These
structures should reflect personal service by their architectural design which
provides intimate, people-oriented scale at entries and interior spaces. Building
components such as windows, wood doors, and decorative trim should
emphasize the intimate scale in coordination with each other and the building
scale.
Limit Visual Impression of Height -The maximum height of proposed projects
shall be consistent with the established regulations of this Specific Plan.
However, commercial establishments should limit the visual impression of
height by use of roof treatments, varying the plane of exterior walls and/or
stepping back upper floors where feasible.
Design for Public View -Each wall surface of a freestanding building which is
visible to the public will be treated as a primary facade and will be designed for
public view (i.e. public streets, right-of-ways, alleys, public parking areas, parks,
etc.).
Landscaping and screening of areas needed for services, such as deliveries or
trash collection is required. Other appurtenances such as ground mechanical
units, utility boxes, back-flow prevention devices, and similar equipment shall
either be screened or blended with surrounding area.
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Use Varied Textures -New buildings are encouraged to include alternative treatments
where these promote an intimate scale and add to the "village" character identified for
Barton Road. Utilize wood shingles, clapboard, or board and batten siding. The textures
should be limited to one or two primary materials with roofs and glass making up the
remainder of textural variety. Brick accents are appropriate.
Use Related Colors -Buildings shall be reviewed in terms of colors used. Colors should
be related to those dominant in the immediate sphere. The use of all earth tones (not just
shades of brown) indigenous to Grand Terrace is strongly encouraged, including the
natural colors of brick and tile.
Screen Mechanical Equipment -All rooftop mechanical equipment shall be located at
a distance from the edge of the building so as not to be visible from the pedestrian level
or from adjacent roadways. If such units must be placed in a visible location for
functional reasons, they shall be screened in a manner consistent with the building
facade.
H. Specific Strip Commercial Center Design Guidelines
1. Design Issues
This category includes buildings housing more than two uses or tenants, which
are designed as a single unit oriented to a central parking area. In responding to
the needs of individual tenants, these buildings often have the greatest problems
with maintaining consistency in material and signage.
Design issues associated with strip developments include:
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A need to provide storefront visibility and access for a number of
tenants. A need to provide signage identifying a number of different tenants. A need for individuality in storefront designs and signage.
A need to provide landscaping to soften the building bulk without hiding
signage or architectural "features".
A need to provide convenient shared parking often located between the
street and the primary building facade.
2. Design Guidelines
Use Similar Massing -The massing of new strip developments should
emphasize in a change from the once monotonous, unarticulated building
facades of many older 5O's type strip developments. The use of arches, arcades,
porches, roof overhangs, full roofs, and varying facade setbacks are strongly
encouraged to add variety to the simple block-like massing of many existing
strip developments.
Use Consistent Scale -The scale within a strip development snail be consistent
throughout the development. Where anchor or major tenants require larger
building areas, the larger scale of these units shall be broken-down into units
comparable to the predominant unit in the development. The use of vertical
focal points such as towers and cupolas are strongly encouraged to emphasize
the village atmosphere of Barton Road. These, however, need to be carefully
designed and integrated within the overall village theme. Fad architectural styles
must be avoided.
Use Consistent Textures and Colors -All storefronts within a strip
development shall utilize a consistent palette of materials and textures. While
generally this will mean a continuous treatment of the entire strip frontage, it is
acceptable to vary individual storefronts within a given palette of materials. For
example, brick bulkheads under shop windows could alternate with wood
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treatments where there is a variation in the plane of the façade, which correlates
to such changes in materials.
Use Height for Balance -Anchor stores, which are typically taller than the strip
stores, can be used to create balance within the development. The placement of
anchor stores shall consider the overall effect of balance for the strip.
Limit Emphasis -The height and scale of an anchor store will automatically
create an emphasis for the strip development. The use of textures, colors and
materials on the anchor store shall be consistent with that of the other stores in
the center to avoid dissimilar massing and proportions.
Maintain Similar Proportions -The proportion of the major elements of a
development shall be consistent throughout. These elements include windows,
doors, and storefront design. For example, if multi-paned windows are used, the
entire development must use multi-paned windows.
Screen Mechanical Equipment -All rooftop mechanical equipment shall be
located at a distance from the edge of the building so as not to be visible from
the pedestrian level or from adjacent roadways. If such units must be placed in a
visible location for functional reasons, they shall be screened in a matter
consistent with the building's facade. Many rooftops are also visible from
adjacent properties; in such cases, all rooftop equipment shall be at least
screened from view using opaque walls or other appropriate materials consistent
with the building's walls.
I. Landscape Guidelines
Landscaping in the Barton Road Corridor Specific Plan Area shall achieve three specific ends:
one, to unify and establish a village theme; two, to soften the auto oriented new commercial
development; three, to unify Barton Road as a pleasant environment for residents and visitors
alike. These three ends will be accomplished by a highly recognizable use of repeated planting
treatments. Consistency and continuity within the street right-of-way and building setback areas
is extremely important.
New development in the Specific Plan Area shall comply with the following landscape
guidelines.
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1. Landscaped Area Ratio
A minimum of one 15 gallon size tree (25 feet in height or more at maturity) for
every 625 square feet of landscaping, and one shrub or vine for every 50 square
feet of landscaping are considered necessary.
2. Irrigation
Provide complete automatic sprinkler or drip irrigation systems for all projects.
3. Maintenance
Keep all plantings healthy and growing with all planting areas free of weeds and
debris.
4. Trees, shrubs, and vines
Trees shall be 15-gallon size having a minimum height of eight feet at time of
planting. Shrubs shall be a minimum of 1-gallon size at time of planting. The
tree shall be adequate in trunk diameter to support the top. Trees, shrubs, and
vines shall have body and fullness that is typical of the species.
5. Ground Cover
The ground cover shall be healthy, densely foliated, and well-rooted cuttings, or
one gallon container plants. Herbaceous and flat plant ground covers shall be
planted no more than 12 inches on center and woody shrub ground cover shall
be planted no more than four feet on center.
6. Spacing
The spacing of trees and shrubs shall be appropriate to the species used. The
plant materials shall be spaced so that they do not interfere with the adequate
lighting of the premises or restrict access to emergency apparatus such as fire
hydrants or fire alarm boxes. Proper spacing shall also insure unobstructed
access for vehicles and pedestrians in addition to providing clear vision of the
intersections from approaching vehicles.
Plant material shall conform to the following spacing standards:
A minimum of 25 feet from the property corner at a street intersection to
the center of the first tree or large shrub.
A minimum of 15 feet between center of trees and large shrubs to light
standards. .A minimum of 15 feet between center of trees or large shrubs
and fire hydrants.
A minimum of 10 feet between center of trees or large shrubs and edge of
driveway.
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7. General Guidelines Save existing mature trees where possible (some may be moved and
transplanted, i.e. palms, pines, etc.) Approval must be obtained for
removal of all trees having a trunk diameter of 10 inches or more
measured 48 inches above existing grade.
Use specimen trees (boxed trees) for immediate effect and accent.
Give consideration to rapidly growing trees.
Emphasize use of varieties which require low maintenance and drought
tolerant species in public and commercial areas and in large landscape
areas.
Use boxed and tubbed plants in clay or wood containers, especially for
enhancement of sidewalk shops.
Give preference to ground covers which require little maintenance.
"Authentic" flower and vegetable gardens may be developed to add to
the village character.
Vines and climbing plants integrated upon buildings, trellises, and
perimeter garden walls are strongly encouraged. A few plants to
consider for this purpose are: bougainvillea, grape ivy, and wisteria
vines.
Use color plantings at the base of building, in planter boxes and focal
points.
J. Planning Areas
For the purpose of presenting and discussing the Specific Plan’s land use concept, the
plan area has been divided into three Planning Areas. Each Planning Area is
characterized by a particular land use emphasis and different requirements related to
land use and site planning. The three Planning Areas are shown in Exhibit 5, Zoning
Map. Permitted uses within each Planning Area/Zoning District are summarized in
Appendix 1, Land Use Matrix. If a proposed land use is not listed in the Land Use
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Matrix, a determination of consistency may be made by the Community Development
Director. If appropriate, the consistency finding may be referred to the Planning
Commission for a finding.
Planning Area 1 - General Commercial District (GC)
Descriptive Summary
Planning Area 1 is closest to the 1-215 Freeway and consists mainly of
residential uses, a school and some strip commercial. It is an area in transition
with several residential structures having been converted to commercial uses.
Lot consolidation and new commercial development are the primary focus for
Planning Area 1.
This Planning Area will focus upon a wide variety of uses that typically include
supermarkets, drug stores, variety stores, apparel shops, appliance and furniture
stores, and commercial recreation uses. Because of its adjacency to the freeway,
this district would also permit traveler related uses such as hotels, motels, and
restaurants.
Land Use and Development Standards
a. Maximum Building Height
The maximum allowable building height in the GC district shall be 28
feet. Architectural building elements such as towers and roof ridge lines
may extend to 35 feet if no habitable space is provided above 28 feet.
b. Minimum Street Frontage
The minimum street frontage for any development site in the GC district
is 100 feet.
c. Maximum Lot Coverage
The maximum allowable lot coverage by structures may be 100 percent
less required parking, setbacks, and landscaping. Lot coverage shall
include all enclosed building area. Atriums open to the sky or plazas,
open parking, and hardscaped areas shall not constitute lot coverage.
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Zoning MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.This map is for reference only. For detailed information, please consult with the Community Development Department.
Planning Area:
Specific Plan Area
Exhibit 5
41
N
(GC) General Commercial (P.A.1)
(VC) Village Commercial (P.A.2)
(AP) Administrative Professional (P.A.3)
(GC) GENERALCOMMERCIAL (VC) VILLAGE COMMERCIAL
PLANNING AREA 3
PLANNING AREA 1 (P.A.1)PLANNING AREA 2 (P.A.2)
(AP) ADMINISTRATIVEPROFESSIONAL
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d. Yards
Setbacks for yards in the GC district shall be as follows:
Front: The front yard setback shall be 20 feet for buildings. Monument
signs may encroach to within 5 feet of the front property line. No
parking may encroach into the front yard setback. All setbacks shall be
landscaped. Minor parking encroachments are permitted.
Side: No side yard setback is required, except where adjacent to a lot in
an “R” district, then 10 feet. Where the side yard is adjacent to a public
street, the building setback shall be 10 feet. Parking areas and
monument signs may encroach 5 feet into a required setback. All
setbacks shall be landscaped.
Rear: No rear yard setback is required, except where adjacent to a lot in
an R district, then 10 feet. Where the rear yard is adjacent to a public
street, the setback shall be 10 feet. Parking and monument signs may
encroach 5 feet into the setback. All setbacks shall be landscaped.
e. Landscaping
A minimum of 15 percent of the site area shall be landscaped in
conformance with the design standards and guidelines of this Specific
Plan. Required landscaping within parking areas may not be counted as
contributing to this requirement. Required landscaping for setback areas
may be counted as contributing to the 15 percent requirement.
f. Parking
The off-street parking provisions of Chapter 18.60 of the Zoning
Ordinance shall apply in determining the number of parking spaces that
must be provided for each use, the design and layout of the parking area,
the amount of landscaping required and allowable methods of screening.
g. Signs
Signs in the GC district shall be permitted in accordance with the
provisions of this Specific Plan (refer to Section F of this Chapter) and
Chapter 18.72 of the Zoning Ordinance.
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Planning Area 2 – Village Commercial (VC)
Descriptive Summary
Planning Area 2 is Grand Terrace's existing commercial core. It contains
primarily commercial uses with some office type uses. The Stater Bros.
neighborhood shopping center and the Town and Country Plaza, a mixed retail
and office center, are two of the most significant developments in the area. The
general quality of uses and structures in this Planning Area is good; however,
several older structures will need to be upgraded or replaced. The main focus for
Planning Area 2 will be the creation of a downtown "village" atmosphere with
an upgrading of retail commercial uses to take advantage of identified
opportunities in the community retail market. Some consolidation of parcels will
be required at the northwest corner of Barton Road and Mt. Vernon in order for
that area to develop with the type of quality development envisioned by this
Specific Plan. The overall community design concept will emphasize the Barton
Road/Mt. Vernon intersection as the "heart" of downtown with strong urban
design features.
The Village Commercial Planning Area is designed to accommodate specialty
uses such as cafes, bakeries, gift shops, florist shops, bookstores, and other
similar commercial retail uses of a scale and quality that are compatible with a
pedestrian-oriented village atmosphere. Other, more general-type commercial
uses, such as hardware, hobby, furniture, and appliance stores are also permitted,
but subject to strict design standards. Similar uses requiring larger floor areas
are more appropriate in the General Commercial District.
a. Maximum Building Height
The maximum allowable building height in the VC district shall be 28
feet. Architectural building elements such as towers and roof ridge lines
may extend to 35 feet if no habitable space is provided above 28 feet.
b. Minimum Street Frontage
The minimum street frontage for any development site in the VC district
shall be 100 feet
c. Maximum Lot Coverage
The maximum allowable lot coverage by structures may be 100 percent
less required parking, setbacks, and landscaping. Lot coverage shall
include all enclosed building area. Atriums open to the sky or plazas,
open parking, and hardscaped areas shall not constitute lot coverage.
d. Yards
Setbacks for yards in the VC district shall be as follows:
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Front: No front yard setback is required for buildings. Monument signs
may encroach to within 5 feet of the front property line. Parking areas
shall be set- back a minimum of 30 feet from the front property line. All
setbacks shall be landscaped.
Side: No side yard setback is required, except where adjacent to a lot in
an “R” district, then 10 feet. Monument signs shall be setback a
minimum of 5 feet from a side property line adjacent to a public street.
Parking areas shall be setback a minimum of 5 feet from a side property
line adjacent to a public street or R district. All setbacks shall be
landscaped.
Rear: No rear yard setback is required, except where adjacent to a lot in
an “R” district, then 10 feet. Monument signs shall be setback a
minimum of 5 feet from a rear property line adjacent to a public street.
Parking areas shall be setback a minimum of 10 feet from a rear property
line adjacent to a public street. All setbacks shall be landscaped.
e. Landscaping
A minimum of 25 percent of the site area shall be landscaped in
conformance with the design standards and guidelines of this Specific
Plan. Required landscaping within parking areas may not be counted as
contributing to this requirement. Required landscaping for setback areas
may be counted as contributing towards the 25 percent requirement.
f. Parking
The off-street parking provisions of Chapter 18.60 of the Zoning
Ordinance shall apply in determining the number of parking spaces that
must be provided for each use, the design and layout of the parking area,
the amount of landscaping required and allowable methods of screening.
g. Signs
Signs in the VC district shall be permitted in accordance with the
provisions of this Specific Plan (refer to Section F of this Chapter) and
Chapter 18.72 of the Zoning Ordinance.
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Planning Area 3 - Administrative and Professional Office (AP)
Descriptive Summary
Planning Area 3 is anchored by the City Hall and consists primarily of small
office uses. West of City Hall uses are predominantly residential with a mixture
of single family and multiple family dwellings. The main emphasis for Planning
Area 3 will be the continued development of office uses and support service
commercial uses. In recognizing the presence of existing multi-family
residential projects south of Barton Road along side streets within the Planning
Area, such uses will be permitted to remain and in-fill properties allowed to
develop subject to strict design standards and permitting processes. Special
provisions are provided for the development of infill multi-family properties.
Opportunities exist to consolidate some single family lots for office
development.
This land use district is intended to accommodate professional/administrative
office uses and personal service uses as opposed to other commercial retail uses.
Typically, uses include medical and health care clinics, travel agencies,
insurance agencies, and copy centers. Other consistent uses include executive,
management, administrative, or clerical uses, including the establishment of
branch offices, data processing centers, and the provision of professional
consulting services. Service commercial uses may include restaurants, repair
services, and retail commercial uses that cater to businesses and their
employees.
Land Use and Development Standards
a. Maximum Building Height
The maximum allowable building height in the AP district shall be 28
feet. Architectural building elements such as towers and roof ridge lines
may extend to 35 feet if no habitable space is provided above 28 feet.
b. Minimum Site Area
The minimum building site area in the AP district shall be 10,000 square
feet.
c. Minimum Street Frontage
The minimum street frontage for any development site in the AP district
shall be 60 feet measured at the front property line.
d. Maximum Lot Coverage
The maximum allowable lot coverage by structures may be 100 percent
less required parking, setbacks, and landscaping. Lot coverage shall
include all enclosed building area. Atriums open to the sky or plazas,
open parking, and hardscaped areas shall not constitute lot coverage.
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e. Yards
Setbacks for yards in the AP district shall be as follows:
Front: The front yard setback shall be 15 feet for buildings. Monument
signs may encroach to within 5 feet of the front property line. Parking
areas may encroach to within 10 feet of the front property line. All
setbacks shall be landscaped.
Side: None required, except where adjacent to a lot in an “R” district,
then 10 feet. When adjacent to a street, ground signs shall be set back 5
feet and parking areas shall be set back 10 feet. Setback areas shall be
landscaped and may count towards the overall landscape requirement.
Rear: None required, except where adjacent to a lot in an “R” district,
then 10 feet. When adjacent to a street, ground signs shall be set back 5
feet and parking areas shall be set back 10 feet. Setback areas shall be
landscaped and may count towards the overall landscape requirement.
f. Landscaping
A minimum of 15 percent of the site area shall be landscaped in
conformance with the design standards and guidelines of this Specific
Plan. Required landscaping within parking areas may not be counted as
contributing to this requirement. Required landscaping for setback areas
may be counted as contributing to the 15 percent requirement.
g. Parking
The off-street parking provisions of Chapter 18.60 of the Zoning
Ordinance shall apply in determining the number of parking spaces that
must be provided for each use, the design and layout of the parking area,
the amount of landscaping required, and allowable methods of screening.
h. Signs
Signs in the AP district shall be permitted in accordance with the
provisions of this Specific Plan (refer to Section F of this Chapter) and
Chapter 18.72 of the Zoning Ordinance.
Multi-Family Infill Special Provisions
When a multi-family residential in-fill project is proposed within the Planning Area 3
(AP District), the following standards shall be applied:
a. All proposed multi-family developments shall require the issuance of a
Conditional Use Permit and Site and Architectural Review applications.
b. No residential development other than a mixed use
residential/commercial development shall be permitted on any parcel
with Barton Road frontage.
G.9.c
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c. Residential densities shall be consistent with those of the R3 (Medium
Density) Zoning District including provisions for density bonuses.
d. The development standards for multi-family residential development
shall be consistent with those of the R3 (Medium Density) Zoning
District.
e. In granting approval of a Site and Architectural Review for residential
projects within Planning Area 3 of the Barton Road Specific Plan, the
Planning Commission must make all of the findings required by Section
18.63.060 of the City Zoning Code.
f. In granting approval of a Conditional Use Permit for residential
development within Planning Area 3 of the Barton Road Specific Plan,
the Planning Commission must make the following findings:
i. All of the findings required by Section 18.83.050 of the City
Zoning Code.
ii. The development of the subject site as residential uses will not
hinder, impede, or discourage the future development of any
adjacent parcels for commercial development.
iii. The subject site has characteristics that have previously
discouraged it development as commercial uses.
Mixed Use Residential/Commercial Special Provisions
Whenever a project proposes both residential and commercial uses on a single parcel,
the following standards shall apply:
a. All proposed mixed developments shall require the issuance of a
Conditional Use Permit and Site and Architectural Review applications.
b. Mixed use developments shall comply with the Design Standards of the
AP Zoning District of the Barton Road Specific Plan.
c. The residential component of a mixed use development shall not be
permitted on the first or ground floor the structure(s).
d. In granting approval of a Site and Architectural Review for a mixed use
project within Planning Area 3 of the Barton Road Specific Plan, the
Planning Commission must make the following findings:
i. All of findings required by Section 18.63.060 of the City Zoning
Code.
ii. The residential component of the project is well integrated into
the overall design of the project and complements the proposed
commercial uses.
e. In granting approval of a Conditional Use Permit for a mixed use project,
within Planning Area 3 of the Barton Road Specific Plan, the Planning
Commission must make all of the findings required by Section 18.83.050
of the City Zoning Code.
G.9.c
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K. Lot Consolidation Incentives
The Planning Commission shall have the discretionary authority to grant incentive
“bonuses” through relaxed development regulations based upon the merits of the
proposed project. Incentives may include:
Reduction in required parking spaces
Increase in building heights
Other development standards as approved by the Planning Commission
Merits that warrant incentive bonuses include:
Consolidation of existing lots,
Reduced access points (driveways) and/or reciprocal access agreements,
Reciprocal parking agreements, and
Provision of public or semi-public pedestrian open space
The total reduction in required parking spaces shall be based upon the level of the
qualifying merits, but in no case shall the bonus exceed 20% of the required standard.
G.9.c
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III. Infrastructure
A. Transportation
1. Transportation Plan Description
Transportation is a key element to the Barton Road Specific Plan. The Barton
Road corridor serves as the primary access corridor for the City. In addition, the
objectives and policies of the Specific Plan promote pedestrian and bicycle
access between development projects within the Plan Area as well as
connections to the surrounding community. The existing transportation within
the Barton Road Specific Plan is shown on Exhibit 6, Existing Transportation
Map.
Primary access is provided by Barton Road, a Major Highway (100’ R/W, 72”
improvement). Mount Vernon Avenue and Michigan Street are designated as
Secondary Highways (88’ R/W, 64’ improvement) that provide north/south
access to the Plan Area. Canal Street, Grand Terrace Road, and Preston Street
are designated as Collectors (66’ R/W, 44’ improvement) that provide access to
the surrounding community. Highway and street design standards are shown on
Exhibit 7, the Road Way Design Standards.
2. Transportation Plan Development Standards
1. All roads within the Plan Area shall be improved to the
ultimate standard of the General Plan Circulation Element.
2. All road improvements shall comply with the standard
specifications of the San Bernardino County Transportation
Department unless otherwise amended by the City of Grand
Terrace.
3. Driveway approaches onto City roadways within the Plan
Area shall be designed to City standards.
4. Sidewalks shall be provided along all city roadways per City
standard specifications.
5. Bikeways shall be provided in accordance with the City of
Grand Terrace Bicycle Transportation Plan.
B. Public Services
1. Water and Sewer Plan
a. Water and Sewer Plan Description
The Barton Road Specific Plan area is served by the Riverside Highland
Water Company (RHWC). RHWC is a privately owned and operated
water purveyor serving the City of Grand Terrace and the unincorporated
community of Highgrove. Since the overall Plan area is generally
developed as urban uses, the backbone domestic water system has
already been installed. Exhibit 8 illustrates the overall domestic water
system serving the area.
G.9.c
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The entire Barton Road Specific Plan area is served by a sanitary sewer
system owned and operated by the City of Grand Terrace. Wastewater
treatment is provided by the Colton Regional Wastewater Treatment
Facility through an agreement between the City of Grand Terrace and the
City of Colton. Exhibit 9 illustrates the existing sanitary sewer system
serving the area.
b. Water and Sewer Plan Standards
i. All existing and proposed development shall connect
to the Riverside Highland Water Company domestic
water system.
ii. All proposed development shall provide adequate
fire flows in accordance with the requirements of the
County Fire Department.
iii. All new water connections shall be in accordance
with the standards of the Riverside Highland Water
Company.
iv. All existing and proposed development shall connect
to the City of Grand Terrace sanitary sewer system.
v. All new water and sewer connection shall be subject
to the prevailing connections fees established by the
Riverside Highland Water Company and City of
Grand Terrace.
9. Storm Drain Plan
a. Storm Drain Plan Description
The Barton Road Specific Plan area is served by a series of storm drains
maintained by the City of Grand Terrace. As illustrated in Exhibit 10,
the Plan area flows in a general east to west direction The Plan area east
of Mount Vernon Avenue flows through a series of storm drains east to
Mount Vernon then south within the Mount Vernon right-of-way. The
Plan area west of Mount Vernon flows west to the western edge of the
Plan area then southwest to a County flood control channel.
b. Storm Drain Plan Standards
i. All proposed development shall be designed in a
manner that adequately control surface flows and
does not adversely impact the storm drain system.
ii. All proposed development that requires grading
activities shall comply with the prevailing standards
of the National Pollutant Discharge Elimination
System (NPDES) and shall be required to prepare
and implement a Stormwater Pollutant Protection
Plan (SWPPP)
G.9.c
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BARTON RD.
B A RT O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Existing Transportation MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Road Ways
Specific Plan Area
Exhibit 6
N
Major Highway
51
Modified Major HighwaySecondary Highway
CollectorLocal Street
Bike Lane
G.9.c
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G.9.c
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Existing Water Line MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Water Line Diagram
Specific Plan Area
Exhibit 8
N
Water Line
8"
8"
18"
18"
24"
24"
24"8"
53
8"
6"
8"10"
24"
12"8"
8"12"8"
24"
6"
24"
8"
8"
8"
8"
18"12"
18"
8"
8"
24"
G.9.c
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Existing Sewer Line MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Sewer Line Diagram
Specific Plan Area
Exhibit 9
N
Sewer Line
10"
8"
10"
8"
10"
10"
10"
8"
8"
8"
8"8"8"
8"
8"
8"
8"8"8"
8"
8"
8"
8"8"
8"
54
8"8"8"
G.9.c
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C. Other Public Services & Facilities
1. Schools
The Barton Road Specific Plan area is located within the Colton Unified
School District. It is served by two local elementary schools, one local
middle school and Colton High School. Since the Plan area is predominantly
commercial in nature, minimal impact is anticipated to the local school
system. All new development shall be required to pay prevailing school fees
as established by the Colton Unified School District.
2. Fire Service
Fire protection and emergency response services for the Specific Plan area
are served by the City of Grand Terrace Fire Department, a branch of the San
Bernardino County Fire Department. The City Fire Station is located within
the Specific Plan area on City Center Court near the southeast corner of
Barton Road and Mount Vernon. All existing and new development shall
comply with the fire protection standards of the City Fire Department.
3. Police Service
Police service for the Specific Plan area is provided by the San Bernardino
County Sheriff’s department under contract with the City of Grand Terrace.
All proposed development in the Plan area shall comply with all
requirements of the Sheriff’s Department.
4. Electricity
Electric service to the Specific Plan area is provided by Southern California
Edison. Although the majority of the power lines serving the area are
currently overhead, efforts continue to underground distribution lines
whenever possible. All proposed development within the Plan area shall
comply with the requirements of Southern California Edison regarding
electrical service and the location/relocation of power lines.
5. Telephone
Telephone service is provided by SBC/Pacific Bell. All proposed
development requesting telephone service shall comply with the
requirements of SBC/Pacific Bell.
6. Natural Gas
Natural gas service is provided by Southern California Gas Company. All
proposed development requiring gas service shall comply with the
requirements of the Gas Company.
7. Solid Waste
Solid waste collection and recycling services are provided by Waste
Management Inc. (WMI). The City of Grand Terrace is under franchise with
WMI and waste collection service is mandatory for all commercial and
residential land uses within the City. All proposed commercial and multi-
family residential development within the Plan area shall be required to
provide adequate enclosures for trash and recycling containers and to
contract with WMI for waste collection and recycling services
G.9.c
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BARTON RD.
B A R T O N R D.
PALM AVE.
MT. VERNON
VIVIENDA AVE.
MICHIGAN AVE.
PRESTON AVE.
Existing Storm Drain MapBarton Road Specific Plan City of Grand Terrace
Community Development Department, August 9, 2011.This map is for reference only. For detailed information, please consult with the Community Development Department.
Storm Drain Diagram
Specific Plan Area
Exhibit 10
N
Storm Drain C.M.P.
56
54"
48"24"42"
18"
18"
36"
36"30"24"
30"24"
18"
24"
18"
36"
27"
Storm Drain R.C.P.
G.9.c
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IV. CEQA Compliance
As required by CEQA, an environmental assessment for the Barton Road Corridor Specific
Plan was completed as the basis for 1) determining whether or not potential environmental
impacts would be sufficient to require and Environmental Impact Report and 2) specifying
the scope of work for the subsequent Specific Plan in such a way that its impacts would be
the same as or less than implementation of the General Plan policies and zoning currently in
effect.
G.9.c
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V. Specific Plan Administration
1. All regular provisions of the Grand Terrace Zoning Ordinance
shall apply to all properties within the Barton Road Specific Plan
boundaries, including but not limited to design review, use
permits, various appeals, amendments, public notice, and hearing
provisions. The provisions herein supplement the above
referenced provisions.
2. The Barton Road Specific Plan will be implemented primarily
through the use of Site and Architectural Review. This review
process shall be required for all major rehabilitation,
redevelopment, expansion of existing uses and/or structures, and
new development within the Specific plan boundary. A Site and
Architectural Review will not be required for rehabilitation of a
structure where there is no square footage increase or use
intensification. However, such an expansion may require other
land use and building permit applications and subsequent review
processes. Where applicable certain uses and activities may
require review through the Conditional Use application process as
defined in the Zoning Ordinance.
G.9.c
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TABLE I, LAND USE MATRIX
General
Commercial
Village
Commercial
Office/
Professional
1. Retail
Commercial
Uses
PA 1 PA 2 PA 3
Ambulance Services C(5)
Antique Shops P P
Apparel Stores P P
Appliance Stores and Repair P P
Art, Music, and
Photographic Studios and
Supply Stores
P
P
P
Auditoriums C
Athletic and Health Gyms
and Weight Reducing
Clinics
P
C
C
Auto Service Station P C (4)
Auto Related (including
motorcycles, boats,
trailers, campers):
a) Sales (with ancillary
repair facilities in a
totally enclosed area)
b) Rentals
c) Parts and Supplies
d) Repair
P
P
P
P
Bakeries (retail only) P P
Barber and Beauty Shops P P P
Bicycle Shops P P P
Blueprint and Photocopy
Services
P P P
G.9.c
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Boats Sales C
Book & Stationary Stores
(other than adult related
material)
P
P
P
Bowling Alleys C
Camera Shop (including
processing)
P P P
Candy and Confectioneries C P P
Car Washes C
Catering Services P C
China and Glassware Stores P P
Cleaning & Pressing
Establishments
C C C
Convenience Stores
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
C
C(5)
Costume Design Studios P
Curtain and Drapery Shops P P
Day Care Centers C C C
Delicatessens / Specialty
Food Stores
P P P
Department Stores P P
Drug Stores and Pharmacies
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
P
C(5)
Equipment/Party Rental P
Farmers Markets P P
Feed and Grain Sales P
Floor Covering Shops P
Florist Shops P P P
G.9.c
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Food Markets
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
Furniture Stores P P
Garden Supply Stores P C
Gift Shops P P P
Hardware Stores P C
Health Centers P C C
Hobby and Craft Shops P P P
H Household Goods P P
Hotels/Motels C(5)
Ice Creams and Yogurt Shops P P P
Ice Sales P
Jewelry Stores P P P
Laundry (Self Service) P P P
Leather Goods and Luggage
Stores
P P
Liquor Stores P (3) P
Locksmiths Shops P P P
Mail Order Businesses P P
Message Centers and P.O.
Boxes
P P P
Mobile Home Sales C
Music, Dance, and Exercise
Studios
C(5) C(5) C(5)
Notions or Novelty stores P P
Nurseries & Garden Supply
Stores within enclosed area
P
C
Office, Bus. Machine Sale &
Repair
P P P
Pawn Shops C
Computer & Software Stores P P P
Paint, Glass, and Wallpaper
Stores
P
Pet Shops P P P
Recycling Collection Services C C
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Record, Tape, & video Stores
(including rental)
P
P
P
Restaurants (sit down):
a) With entertainment and/or
serving of alcoholic
beverages
b) Incidental serving of beer
and wine (without a
cocktail lounge, bar,
entertainment, or dancing)
c) Fast Food: without drive-
thru
d) Fast Food: with drive-thru
e) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
P
P
P
C(5)
P
C
C
C
C(5)
C
C
C
C
C(5)
Schools, Business &
professional
C C C
Shoe Stores, Sale and Repair P P P
Smoke Shops P P
Sporting Goods Stores P P
Stained Glass Assembly P
Supermarkets
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
Tailor Shops P P P
Television, Radio, VCR,
Stereo, and CD Component
Sales
P
P
Tire Stores P
Toy Stores P P
Travel Agencies P P P
Variety Department Stores,
Junior Department Stores
P
P
Veterinary (domestic, non-
boarding)
C(5)
Watch and Clock Repair
Stores
P P P
Yardage Goods Stores P P
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TABLE I, LAND USE MATRIX (cont.)
General
Commercial
Village
Commercial
Office/
Professional
2. Entertainment and
Cultural Uses
PA 1 PA 2 PA 3
Cultural / Artist Exhibits:
a. Indoor gallery and art sales
b. Outdoor art exhibits
P
C
P
C
Movie theaters P
3. Office and
Administrative
Uses
Banks, Finance Services and
Institutions
P
P
P
Business and Office Services P P P
Interior Decorating Firms P P P (2)
Medical / Dental Offices and Related
Health Clinics
P
P
P
Medical Laboratories P P P
Optician and Optometric Shops P P P
Realtors and Real Estate Offices P P P
Travel Agencies P P P
4. Public and Quasi
Public Uses
Government Offices and Facilities C C C
Public Schools P
Churches C P
Private Schools Associated with a
Church and located on same site
C P
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Notes:
(1) Outdoor displays/uses shall take place in front of business on site, which have been approved
with a conditional use permit. Under special circumstances, outdoor uses/ displays are allowed
without conditional use permits (refer to Development Regulations).
(2) Permitted with no showroom facilities.
(3) Conditional permit required for off sale of alcoholic beverages within 500 feet of a school.
(4) An auto service station featuring the sales of gasoline with a convenience food market is
permitted with the approval of a Conditional Use Permit by the Planning Commission at the
southwest corner of Barton Road and Mount Vernon Avenue only.
(5) A proposed After-Hours Operation use shall comply with the requirements of Chapter 18.84 –
Administrative Conditional Use Permit subject to review and approval by the Planning and
Development Services Director. Conditions of Approval specific to After-Hours Operations
may be assigned, including but not limited to parking, security, lighting, noise, and property
maintenance. A proposed After-Hours Operation use in excess of 2,000 square feet shall
require compliance with a Conditional Use Permit pursuant of Chapter 18.83 – Conditional
Use Permits subject to review and approval by the Planning Commission.
For other uses proposing After-Hours Operations that are not identified on Table I Land use
Matrix, the Planning and Development Services Director shall determine whether such use is
a permitted use or conditionally permitted use on the basis of similarity to uses specifically
permitted to operate as After-Hours Operations. Application for determination of such similar
uses shall be made in writing to the Planning and Development Services Director in the form
provided by the Planning and Development Services Director and shall include a detailed
description of the proposed use and such other information as may be required by the Planning
and Development Services Director to facilitate the determination. Such application shall also
include payment for such application fees as may be adopted by Resolution of the City Council.
The determination of the Planning and Development Services Director shall be appealable to
the Planning Commission and the determination of the Planning Commission shall be
appealable to the City Council. The determination by the City Council shall be final.
(6) Existing businesses permitted to operate any time between the hours of 11:00 p.m. to 6:00 a.m.
prior to the effective approval date of this Ordinance, shall be exempt from the Administrative
Conditional Use Permit/Conditional Use Permit process.
G.9.c
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: Government Claim, Sunny Days LLC
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Reject the Government Claim of Sunny Days LLC and direct
staff to send a standard letter of rejection.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” by the
continuous monitoring of expenditure disbursements through the thorough review of
potential costs and its effect on City operations.
SUMMARY OF CLAIM AND CONTENTS:
On or around January 4, 2021, Ben Eilenberg on behalf of Sunny Days LLC submitted
the attached Government Claim. The claim disputes the processing of Sunny Days
LLC’s business license application submitted through the City’s vendor’s website, HdL
Companies (“HdL”), on or about November 18, 2020. The Claim alleges that the
proposed license “is permitted as a matter of right under the Municipal Code” and
generally seeks damages in excess of $25,000, which is said to include “[t]he purchase
price of the property if the sale is forced to go through” and the costs of obtaining the
business license. (See Exhibit A.)
The City Attorney’s office conducted a preliminary investigation and evaluated the claim.
Based on its review, the City Attorney’s office recommends that the City Council reject
the claim and direct staff to send a letter of rejection. The City Attorney’s office is
available to answer questions from the City Council.
FISCAL IMPACT:
There is no fiscal impact to providing staff direction to send the letter.
ATTACHMENTS:
x Exhibit A - Government Claim Form Sunny Days (PDF)
APPROVALS:
Adrian Guerra Completed 02/03/2021 5:22 PM
Finance Completed 02/03/2021 5:32 PM
City Attorney Completed 02/03/2021 5:34 PM
City Manager Completed 02/03/2021 8:40 PM
City Council Pending 02/09/2021 6:00 PM