05/10/2022CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● MAY 10, 2022
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak
card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the
Mayor at the appropriate time and each person is allowed three (3) minutes speaking time.
If you would like to participate telephonically and speak on an agenda item, you can access the meeting
by dialing the following telephone number and you will be placed in the waiting room, muted until it is your
turn to speak:
*67 1-669-900-9128
Enter Meeting ID: 844 1680 2640
Password: 093664
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 May 10, 2022
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 - NONE
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 – Special Meeting Workshop – 04/21/2022
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Regular Meeting – 04/26/2022
DEPARTMENT: CITY CLERK
4. Grand Terrace High School Senior Parade
RECOMMENDATION:
That the City Council approve a resolution finding that the use of City funds to pay for a
parade for graduating seniors at Grand Terrace High School serves the public interest.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council May 10, 2022
City of Grand Terrace Page 3
5. Ordinance Adjusting City Council Salary and Formally Establishing Vehicle and
Technology Allowances
RECOMMENDATION:
Direct the City Attorney to read the title for second reading, waive further reading of, and
adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ADJUSTING THE MONTHLY SALARY OF THE CITY
COUNCIL AND ESTABLISHING VEHICLE AND TECHNOLOGY ALLOWANCES
DEPARTMENT: CITY ATTORNEY
6. Twenty-Ninth Amendment to Law Enforcement Services Contract No. 94-797 with the
County of San Bernardino to Provide Law Enforcement Services for Fiscal Year 2022-
23 to the City of Grand Terrace
RECOMMENDATION:
1. Approve the Twenty-Ninth Amendment to Law Enforcement Services Contract No.
94-797 with the County of San Bernardino to provide Law Enforcement Services
from the Sheriffs’ Department for Fiscal Year 2022-23; and
2. Authorize the City Manager to execute the contract, subject to City Attorney’s
approval as to form.
DEPARTMENT: CITY MANAGER
D. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
E. PUBLIC HEARINGS
7. Ordinances of the City Council of the City of Grand Terrace, California, Establishing
Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot
Splits and Two-Unit Developments and Updating the City's Regulations for Accessory
Dwelling Units and Junior Accessory Dwelling Units
RECOMMENDATION:
1. Conduct a public hearing; and
2. Read by title only, waive further reading and Introduce AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING
REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN
Agenda Grand Terrace City Council May 10, 2022
City of Grand Terrace Page 4
ACCORDANCE WITH SENATE BILL 9 which also finds and determines that this
ordinance is not a “project” for purposes of California Environmental Quality Act
(CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n); and
3. Read by title only, waive further reading and Introduce AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS
TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS, which also finds and determines that this
ordinance is exempt from CEQA review pursuant to Public Resources Code Section
21080.17.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
8. Award of Contract for HVAC Preventative Maintenance and Repair Services to Loma
Linda Heat and Air Conditioning Inc.
RECOMMENDATION:
1. Award and Approve an Agreement for HVAC Services to Loma Linda Heat and Air
Conditioning Inc. in the amount of $70,916.80 with an initial 3-year term and 2
automatic extensions of 1 year each.
2. Authorize the City Manager to execute the Agreement subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
9. Consideration of Commercial Cannabis Regulations
RECOMMENDATION:
Discuss and provide direction to staff on establishment of a potential commercial
cannabis regulatory program, including what types of cannabis activities to permit (if
any).
DEPARTMENT: CITY ATTORNEY
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
Agenda Grand Terrace City Council May 10, 2022
City of Grand Terrace Page 5
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. Return to City Council-City Manager Form of Government Where Council Chooses
one of its Number to Serve as Presiding Officer of the Council, to be known as Mayor
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
• OFFICER’S REPORT
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation
[Pursuant to Government Code Section 54956.9(d)(2), e(1)]
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 facts and circumstances are those that might result in litigation
against the local agency but which the local agency believes are not yet known to
be a potential plaintiff or plaintiffs, which facts and circumstances need not be
Agenda Grand Terrace City Council May 10, 2022
City of Grand Terrace Page 6
disclosed.
Number of Cases: One (1)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
Case Name: Sunny Days, LLC v. City of Grand Terrace
Case No.: CIV SB 2107692
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, May 24, 2022, 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 ● APRIL 21, 2022
Council Chambers Special Meeting Workshop 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Joint Special Meeting Workshop of the City
Council and Planning Commission for Thursday, April 21, 2022, at 6:30 p.m.
PLEDGE OF ALLEGIANCE
Mayor McNaboe led the Pledge of Allegiance.
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 6:45 PM
Edward Giroux Planning Chairman Present
Tara Ceseña Planning Commissioner Present
David Alaniz Planning Commissioner Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Haide Aguirre Associate Planner Present
A. PUBLIC COMMENT
None.
B. NEW BUSINESS
1. Joint City Council and Planning Commission/Site and Architectural Review Board
Workshop for Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit
Developments and Accessory Dwelling Units and Junior Accessory Dwelling Units; and
Related Proposed Ordinances
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Minutes Grand Terrace City Council April 21, 2022
City of Grand Terrace Page 2
Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentations for
this item.
1. THAT CITY COUNCIL AND PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD FIRST RECEIVE A PRESENTATION ON
ADU AND JADU LAW AND OBJECTIVE STANDARDS UPDATING THE CITY'S
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND PROVIDE INPUT AND DIRECTION TO STAFF ON THE PROPOSED
REVISIONS TO ADU/JADU ORDINANCE.
2. THAT, FOLLOWING COMPLETION OF THE DISCUSSION ON ADU/JADU
REGULATIONS, THE CITY COUNCIL AND PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD RECEIVE A PRESENTATION ON SB 9 AND
PROVIDE INPUT AND DIRECTION TO STAFF ON THE PROPOSED OBJECTIVE
STANDARDS FOR IMPLEMENTATION OF SENATE BILL NO. 9.
RESULT: PROVIDE DIRECTION TO STAFF
ADJOURN
Mayor McNaboe adjourned the Special Joint Meeting Workshop of the City Council and
Planning Commission at 8:45 p.m. The Next Regular Meeting of the City Council will be
held on Tuesday, April 26, 2022, at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 26, 2022
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 provided by Mayor Pro Tem Bill Hussey.
PLEDGE OF ALLEGIANCE
Mayor Darcy McNaboe led the Pledge of Allegiance.
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
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Terry Shea Interim Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Terry Shea, Interim Finance Director introduced new employee, Trevor Greeley,
Finance Technician
The City Council presented DMV Donate Life Proclamation to Susan Van Campen on
behalf of One Legacy.
Johan Gallo presented Certificates of Recognition to the City Council, San Bernardino
County Sheriff’s Department and San Bernardino County Fire on behalf of Sick N Tired
Recovery Home.
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Minutes Grand Terrace City Council April 26, 2022
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 04/12/2022
APPROVE THE REGULAR MEETING MINUTES OF APRIL 12, 2022
3. Approve National Arab American Heritage Month Proclamation and Certificate of
Recognition, Victoria Bacon, Girl Scout Troop #30
APPROVE NATIONAL ARAB AMERICAN HERITAGE MONTH PROCLAMATION
AND CERTIFICATE OF RECOGNITION TO BE PRESENTED TO VICTORIA BACON,
GIRL SCOUT TROOP #30
4. Approval of the March-2022 Check Register in the Amount of $433,430.02
APPROVE THE CHECK REGISTER NO. 03312022 IN THE AMOUNT OF $433,430.02
AS SUBMITTED, FOR THE MONTH ENDING MARCH 31, 2022.
5. City Department Monthly Activity Report - February 2022
RECEIVE AND FILE.
6. Amendment to the Statement of Benefits
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE AMENDING THE STATEMENT OF BENEFITS SECTIONS PERTAINING
TO MAJOR MEDICAL INSURANCE BENEFITS FOR EMPLOYEES, MEDICAL
INSURANCE BENEFITS FOR CITY COUNCIL MEMBERS, AND ALL LANGUAGE
PERTAINING TO CHILD CARE EMPLOYEES
7. Amend CalPERS Health Contract for General Members and Retired Annuitants
ADOPT A RESOLUTION OF THE CITY OF GRAND TERRACE FIXING THE
EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND
HOSPITAL CARE ACT AT AN UNEQUAL AMOUNT FOR EMPLOYEES AND
ANNUITANTS WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
8. Award Contractor Agreement to Goodman & Associates for Plans, Specifications, and
Estimates Preparation for Pavement Rehabilitation Project for Fiscal Year 2021-22
1. AWARD AN AGREEMENT TO GOODMAN & ASSOCIATES FOR PREPARING
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) FOR PAVEMENT
REHABILITATION PROJECT PROVIDED IN THE REVISED FISCAL YEAR 21-22
CIP IN THE AMOUNT OF $23,500.
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Minutes Grand Terrace City Council April 26, 2022
City of Grand Terrace Page 3
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT
TO CITY ATTORNEY APPROVAL AS TO FORM.
D. PUBLIC COMMENT
None.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
9. Grand Terrace High School Senior Parade
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
Mayor Pro Tem Hussey moved, with an alternate motion to cover the total cost of the
event, dollar-for-dollar, and direct staff to bring back a resolution setting forth the public
benefit findings to justify the expense. The motion failed for lack of a second.
Council Member Allen, moved, with a second from Council Member Robles, that the
City Council support the event in the proposed manner, that the City will match, dollar-
for-dollar, contributed/paid by the Parade organizers for the Parade costs up to fifty (50)
percent of the Parade costs and direct staff to bring back a resolution setting forth the
public benefit findings to justify the expense.
RESULT: APPROVED [3 TO 2]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Sylvia Robles, Jeff Allen
NAYS: Bill Hussey, Doug Wilson
10. Ordinance Adjusting City Council Salary and Formally Establishing Vehicle and
Technology Allowances
Adrian Guerra, City Attorney gave the staff report and PowerPoint presentation for this
item.
READ BY TITLE ONLY, WAIVE FURTHER READING AND INTRODUCE AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
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Minutes Grand Terrace City Council April 26, 2022
City of Grand Terrace Page 4
CALIFORNIA ADJUSTING THE MONTHLY SALARY OF THE CITY COUNCIL AND
ESTABLISHING VEHICLE AND TECHNOLOGY ALLOWANCES
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
11. Non-Owner Occupied/Rental Inspection Program Progress
Leila Holtzen, Senior Code Enforcement Officer gave the staff report and PowerPoint
presentation for this item.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace supports the Non-Owner Occupied/Rental Inspection
Program but without the reduction in fees and a flat rate should be applied. She
believes owners need to be notified by the City when a problem tenant has been
identified. She suggested that a property owner with a non-owner occupied property, no
matter who it is, needs to be registered with the program and secure a City business
license.
STAFF RECOMMENDS THAT THE CITY COUNCIL CONDUCT A DISCUSSION ON
THE CURRENT NON-OWNER-OCCUPIED RENTAL PROGRAM AND PROVIDE
DIRECTION ON PROPOSED PROGRAM CHANGES.
RESULT: NO ACTION TAKEN
12. Landscape Recognition Program
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace stated that the proposal to bring homeowner
recognitions to the City Council once a year, is not enough.
THAT THE CITY COUNCIL DIRECT STAFF TO IMPLEMENT AN ANNUAL
LANDSCAPE RECOGNITION PROGRAM
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
13. American Rescue Plan Act Funding
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
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Minutes Grand Terrace City Council April 26, 2022
City of Grand Terrace Page 5
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace suggested the City sell the old signs that will be
replaced. She wanted to know if street sweeping and speed limit signs would be
included when old signs are replaced?
THAT THE CITY COUNCIL APPROVE THE SELECTED PROJECTS, FOR THE USE
OF THE AMERICAN RESCUE PLAN ACT FUNDING
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
14. 2021-22 Mid-Year and Year-End Budget Review
Terry Shea, Interim Finance Director gave the staff report and PowerPoint presentation
for this item.
RECEIVE AND FILE THE FY2021-22 MID-YEAR AND YEAR-END REPORT.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, 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
On April 20, 2022, Council Member Allen attended the San Bernardino County Solid
Waste Advisory Task Force meeting and discussed SB 1383 and its implementation by
the end of 2022.
Council Member Doug Wilson
Nothing to Report.
Council Member Sylvia Robles
Nothing to Report.
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Minutes Grand Terrace City Council April 26, 2022
City of Grand Terrace Page 6
Mayor Pro Tem Bill Hussey
On April 20, 2022, Mayor Pro Tem Hussey attended the Coffee with a Cop at Woody’s
Classic Grill and discussed law enforcement activities throughout the City.
Mayor Darcy McNaboe
On April 20, 2022, Mayor McNaboe attended the Coffee with a Cop at Woody’s Classic
Grill and discussed law enforcement activities throughout the City.
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced that the City has spent the last two (2) days
(with approximately three (3) more needed) working on removing homeless
encampment that is located at Barton Road where the guardrail has been removed.
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 9:00 p.m. The
Next Regular Meeting of the City Council will be held on Tuesday, May 10, 2022, at
6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: May 10, 2022
TITLE: Grand Terrace High School Senior Parade
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council approve a resolution finding that the
use of City funds to pay for a parade for graduating seniors
at Grand Terrace High School serves the public interest.
2030 VISION STATEMENT:
This staff report supports Goal #4, Develop and Implement Successful Partnerships.
BACKGROUND:
The parents of graduating high school seniors at Grand Terrace High School desire to
conduct a Parade (Parade) in recognition of such graduating high school seniors. The
Parade will require coordination and activities by various local agencies and, requires
that the organizers of the Parade must acquire insurance. The total cost of such
coordination and activities require payments to other entities, and the City Council
desires to pay up to half of the total Parade costs.
DISCUSSION:
The City has an interest in ensuring that its rights-of-way are safe and ensuring that the
Parade is properly planned to minimize disruption. The Parade could cause obstruction
or sudden and unexpected stopping of vehicles in the right-of-way. Therefore, a public
purpose is served by assisting the Parade organizers to conduct it in a safe manner.
Additionally, the City has an interest in encouraging its young residents to graduate from
high school. The Parade will not only honor these young residents but serve as
encouragement and an example to those who have yet to graduate. Therefore, a public
purpose is served by the expenditure of City funds on the Parade.
FISCAL IMPACT:
Up to fifty percent of the Parade costs, not to exceed the City Managers approval limits.
ATTACHMENTS:
• 2022-xx - GT Resolution - Parade Expenditure (DOCX)
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APPROVALS:
Konrad Bolowich Completed 05/04/2022 11:33 AM
City Manager Completed 05/04/2022 1:15 PM
City Council Pending 05/10/2022 6:00 PM
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01247.0001/786791.3
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE FINDING THAT THE USE OF CITY FUNDS TO PAY FOR A
CERTAIN COSTS RELATING TO A PARADE FOR GRADUATING
SENIORS AT GRAND TERRACE HIGH SCHOOL SERVES A PUBLIC
PURPOSE AND, FURTHER, APPROVING THE USE OF CITY FUNDS TO
PAY THEREOF.
WHEREAS, parents of graduating high school seniors at Grand Terrace High
School desire to conduct a parade in addition to commencement activities within the City
of Grand Terrace (“City”) in honor of such graduating high school seniors (“Parade”); and
WHEREAS, the Parade will require coordination and activities by various local
agencies, including, but not limited to City staff coordination (e.g., the Public Works
Department) and the San Bernardino County Sheriffs; and, further, requires that the
organizers of the parade must acquire insurance; and, further, require payments of the
associated costs (“Parade Costs”); and
WHEREAS, the Parade Costs require payments to other organizations or
agencies; and
WHEREAS, the City Council desires to annually pay up to half of the total Parade
Costs by matching the funds paid by the Parade organizers, but only up to half of the total
Parade Costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Public Purpose. The expenditure of City funds for the Parade
serves the following public purposes:
A. The City has an interest in ensuring that its rights-of-way are safe,
and the City has an interest in ensuring that the Parade is properly planned such that
disruption to the City’s rights-of-ways is minimized. In 2020, a similar parade was
informally held without the City’s review/approval. There is a possibility that another
parade is informally organized, which could be a public safety issue for other users of the
City’s rights-of-way as it could obstruct or cause sudden and unexpected stopping of
vehicles in the right-of-way. Therefore, a public purpose is served by assisting the
organizers of the Parade conduct it in a safe manner.
B. The City has an interest in encouraging its young residents to
graduate from high school in order to be prepared for the economy by attaining higher
education levels. If the City’s residents are more educated, then the City’s economy will
be improved which will result in higher tax revenues for the City and, in turn, will result in
more/better City services. The Parade will not only honor these young residents, but serve
as encouragement and an example to those who have yet to graduate. Therefore, a public
purposes is served by the expenditure of City funds on the Parade.
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01247.0001/786791.3
Section 3. Expenditure Approval. For each year that the Parade is held, the
City will match each dollar contributed/paid by the Parade organizers for the Parade Costs
up to fifty percent of the Parade Costs. In no event shall the City’s payment of the Parade
Costs for a particular year exceed the City Manager’s expenditure limit.
Section 4. Other Acts. The City Manager is hereby authorized to take such acts
as may be necessary and proper to carry out this Resolution.
Section 5. Effective Date. This Resolution shall immediately take effect upon
passage.
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 10th day of May, 2022.
Darcy McNaboe
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: May 10, 2022 Council Item
TITLE: Ordinance Adjusting City Council Salary and Formally
Establishing Vehicle and Technology Allowances
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Direct the City Attorney to read the title for second reading,
waive further reading of, and adopt AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA ADJUSTING THE MONTHLY SALARY OF
THE CITY COUNCIL AND ESTABLISHING VEHICLE AND
TECHNOLOGY ALLOWANCES
2030 VISION STATEMENT:
This staff report supports City Council Goal #5, “Engage the Community by
Participation” by allowing the City to ensure that City Council salaries and vehicle
allowances are competitive such that it will encourage more citizens to participate in
City governance.
BACKGROUND:
Pursuant to Grand Terrace Municipal Code (“GTMC”) 2.04.020, the City Council’s
current monthly salary is $300, which was established pursuant to Government Code
Section 36516. The original salary was established in 1978. Additionally, Government
Code Section 1223 permits the City Council to establish a vehicle allowance. The
current vehicle allowance is $200 per month. The City Council currently does not
receive a technology allowance.
DISCUSSION:
The City Council conducted the first reading of the attached proposed ordinance on
April 26, 2022. If adopted, the ordinance will establish the following:
• Increase City Council’s compensation to $480 per month per Councilmember
(increase of $180). This increase will not go into effect until after one or more council
members begins a new term of office following the adoption of the proposed
ordinance.
• Establish the vehicle allowance in the amount of $450 per month.
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• Establish a new technology allowance in the amount of $205 per month per
Councilmember.
Both auto and technology allowances serve as reimbursement for actual and necessary
expenses incurred by City Council members in the performance of their official duties
within the applicable statutes.
Therefore, it is recommended that the City Council direct the City Attorney to read the
title for second reading, waive further reading of, and adopt the attached ordinance.
FISCAL IMPACT:
If approved, the total cost per fiscal year for Council salary will be $28,800 (increase of
$10,800). The total cost per fiscal year for the vehicle allowance will be $24,000
(increase of $12,000). The total cost per fiscal year for the new technology allowance is
$12,300.
ATTACHMENTS:
• Ordinance 337 - Council Salary_Auto_Technology (DOC)
APPROVALS:
Adrian Guerra Completed 05/04/2022 8:41 AM
City Manager Completed 05/04/2022 11:18 AM
City Council Pending 05/10/2022 6:00 PM
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01247.0001/627102.11 Page 1 of 3
ORDINANCE NO. 337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ADJUSTING THE MONTHLY SALARY OF
THE CITY COUNCIL AND ESTABLISHING VEHICLE AND
TECHNOLOGY ALLOWANCES
WHEREAS, Grand Terrace Municipal Code Section 2.04.020 codifies the
monthly salary for the City Council pursuant to Government Code Section 36516(a);
and
WHEREAS, the City Council currently receives a salary of $300 per month,
which has not been adjusted since 2010; and
WHEREAS, Government Code Sections 36516(a)(4), in relevant part, allows an
increase in City Council compensation that is calculated pursuant to a statutory formula
stating that “The salary of council members may be increased beyond the amount
provided in this subdivision by an ordinance or by an amendment to an ordinance, but
the amount of the increase shall not exceed an amount equal to 5 percent for each
calendar year from the operative date of the last adjustment of the salary in effect when
the ordinance or amendment is enacted …”; and
WHEREAS, based upon the aforementioned statutory formula, the current
maximum total amount that the City Council may increase its compensation is $480;
and
WHEREAS, pursuant to Government Code Section 36516.5, any change in
compensation “… does not apply to a council member during the council member's term
of office. This prohibition shall not prevent the adjustment of the compensation of all
members of a council serving staggered terms whenever one or more members of the
city council becomes eligible for a salary increase by virtue of the council member
beginning a new term of office. …”; and
WHEREAS, the City Council now desires to adjust the compensation of the City
Council members in accordance with Government Code Sections 36516 and 36516.5;
and
WHEREAS, pursuant to Government Code Section 1223, the City Council also
desires to formally establish a vehicle allowance, which reflects the estimated travel
costs that City Council members would incur in the performance of their official duties;
and
WHEREAS, the City Council also desires to establish a technology allowance
that reflects the estimated technology costs that City Council members would incur in
the performance of their official duties, such as use of a cell phone service, internet
service, and other similar costs; and
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Ord No. 337 Page 2 of 3 May 10, 2022
WHEREAS, the Attorney General’s Office has opined that these types of
allowances must be based upon estimated costs and is codified; and
WHEREAS, an analysis of the technology allowance amount is on file with the
City’s Finance Department; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth
in the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. Modifications to Section 2.04.020. Section 2.04.020 of Chapter
2.04 of Title 2 of the Grand Terrace Municipal Code is hereby retitled and amended in
its entirety as follows:
“2.04.020 – Salary and Vehicle Allowance.
A. Each member of the City Council shall receive a salary of $480.00
per month. Such salary shall be payable at the same time and in the same
manner as the salaries are paid to other City officers and employees.
B. Effective July 1, 2022, in lieu of the City’s provision of an
automobile to individual Councilmembers for their use in the course of
official duties, each member of the City Council shall receive a vehicle
allowance in the amount of $450.00 per month as reimbursement for
expenses such as gasoline, mileage, wear and tear, insurance, and
depreciation, incurred by Councilmembers in the use of their personal
automobiles in the course of official duties. Such vehicle allowance shall
be payable at the same time and in the same manner as the city council
salary.
C. Effective July 1, 2022, each member of the City Council shall
receive a technology allowance in the amount of $205.00 per month as
reimbursement for technology-related expenses such as cellphone
service, internet service, and other similar costs incurred by
Councilmembers in the use of their personal technology-related
equipment and service in the course of official duties. Such technology
allowance shall be payable at the same time and in the same manner as
the city council salary.
D. The City Manager shall place a discussion item on a City Council
agenda during the City’s annual budget preparation cycle for the City
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Ord No. 337 Page 3 of 3 May 10, 2022
Council to review and consider adjustments to City Council salary and
allowances.”
SECTION 3. Government Code Section 36516.5. The salary adjustment
provided in Section 2 of this Ordinance shall not become effective until after one or
more council members begins a new term of office following the adoption of this
Ordinance. Prior to the effective date of such salary adjustment, each council member
shall continue to receive the monthly salary as specified in Section 1 of Ordinance No.
252 in the amount of $300 per month.
SECTION 4. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
adopted all the provisions of this ordinance that remain valid if any provisions of this
ordinance are declared invalid.
SECTION 6. Effective Date of Ordinance. This Ordinance shall become
effective thirty (30) days from and after its adoption.
SECTION 7. Certification. The Mayor shall sign, and the City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the same to be
published and posted pursuant to the provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 10th day of May 2022.
_____________________________
Darcy McNaboe
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: May 10, 2022 Council Item
TITLE: Twenty-Ninth Amendment to Law Enforcement Services
Contract No. 94-797 with the County of San Bernardino to
Provide Law Enforcement Services for Fiscal Year 2022-23
to the City of Grand Terrace
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve the Twenty-Ninth Amendment to Law
Enforcement Services Contract No. 94-797 with the County
of San Bernardino to provide Law Enforcement Services
from the Sheriffs’ Department for Fiscal Year 2022-23; and
2. Authorize the City Manager to execute the contract,
subject to City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports the following goals:
• Goal #1, “Ensuring Our Fiscal Viability,” through the continuous monitoring of
expenditure budgets, allocations, and operational costs; and
• Goal #2, “Maintaining Public Safety,” by ensuring adequate staff levels for police
services for our Community.
BACKGROUND:
Since incorporation, the City has contracted with the County of San Bernardino for law
enforcement services provided through the San Bernardino County Sheriff's Department
(Exhibit 1 – Original Public Safety Services Contract). Each fiscal year, cities which
contract for law enforcement services are required to approve a contract amendment
that specifies the level of services for that fiscal year (Exhibit 2 - Schedule "A").
DISCUSSION:
As stated in the original 94-797 contract, law enforcement duties to the City shall
include:
• enforcement of state statutes;
• enforcement of city ordinances;
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• traffic enforcement;
• specialized enforcement such as arson, homicide, juvenile, and narcotics
enforcement;
• and attendance at City meetings.
These services shall be provided by the County personnel as specified in the attached
Proposed Schedule “A.”
The City will continue staffing level and hours worked by Sheriff staff as in FY2021-22
as estimated in the table below:
Table 1
Personnel
Level of
Service
Hours
Per Week
Annual
Hours
Lieutenant 0.21 7.5 390.0
Sergeant 0.90 32.5 1,690.0
Detective 0.56 20.0 1,040.0
Deputy Sheriff 5.76 208.0 10,816.0
Office Specialist 1.26 45.0 2,340.0
Motor Pool Svcs Asst 0.14 5.0 260.0
Dispatchers 0.94 30.0 1,560.0
TOTAL 9.77 348.0 18,096.0
The 29th Amendment to this Agreement (proposed FY2022-23 amendment) updates the
cost of law enforcement services that will be provided in FY2022-23 totaling $2,305,996,
an increase of $36,679 (1.6%) from the current year’s cost of $2,269,316. The below
table shows the final annual contract amounts for law enforcement services over the
last five (5) years.
Table 2
City of Grand Terrace
San Bernardino County Sheriff's Department
Annual Contract History
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Final Final Final Final Final Proposed
Amount $1,819,337 $1,941,702 $2,071,535 $2,207,992 $2,269,316 $2,305,996
Increase from prior year $122,365 $129,833 $136,457 $61,324 $36,679
Percentage increase 6.726% 6.687% 6.587% 2.777% 1.590%
As this is the County’s proposed amendment at this time, it may be subject to change
once the County’s Board of Supervisors have approved the department’s final
personnel costs.
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FISCAL IMPACT:
The Twenty-Ninth Amendment to the Agreement for law enforcement services is a
contractual obligation of $2,305,996, of which may be subject to change upon approval
of the Board of Supervisors. City staff will propose a $2,305,996 budget allocation
FY2022-23 proposed budget for law enforcement services.
ATTACHMENTS:
• Attachment 1 94-797 Original Public Safety Services Agreement(PDF)
• Attachment 2 - 29th Law Enforcement Amendment No. 29 Schedule A (PDF)
APPROVALS:
Konrad Bolowich Completed 05/02/2022 10:45 AM
City Attorney Completed 05/03/2022 10:07 PM
Finance Completed 05/04/2022 8:43 AM
City Manager Completed 05/02/2022 10:59 AM
City Council Pending 05/10/2022 6:00 PM
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AGENDA REPORT
MEETING DATE: May 10, 2022 Council Item
TITLE: Ordinances of the City Council of the City of Grand Terrace,
California, Establishing Objective Standards for
Implementation of Senate Bill No. 9 Pertaining to Urban Lot
Splits and Two-Unit Developments and Updating the City's
Regulations for Accessory Dwelling Units and Junior
Accessory Dwelling Units
PRESENTED BY: Haide Aguirre, Associate Planner
RECOMMENDATION: 1. Conduct a public hearing; and
2. Read by title only, waive further reading and Introduce
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ESTABLISHING REGULATIONS
FOR URBAN LOT SPLITS AND TWO-UNIT
DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL
9 which also finds and determines that this ordinance is not
a “project” for purposes of California Environmental Quality
Act (CEQA) pursuant to Government Code Sections
65852.21(j) and 66411.7(n); and
3. Read by title only, waive further reading and Introduce
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ADOPTING AMENDMENTS TO
REGULATIONS OF ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS, which also finds
and determines that this ordinance is exempt from CEQA
review pursuant to Public Resources Code Section
21080.17.
2030 VISION STATEMENT:
Goal No. 3 to promote economic development by updating zoning and development
code in preparation for future development, and to preserve and protect our community
and its exceptional quality of life through thoughtful planning.
BACKGROUND:
On January 25, 2022, the City Council adopted Urgency Ordinance No. 336-U,
establishing objective standards for the regulation of lot splits and new units developed
under SB 9. The City Council also directed staff to bring back a regular ordinance,
specifically, an ordinance that would first receive a review by the Planning
Commission/Site and Architectural Review Board (“Planning Commission”) before going
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to City Council.
At the same meeting, the City Council also directed City staff to prepare updates to the
City’s regulations on accessory dwelling units (ADUs) and junior accessory dwelling
units (JADUs). The City’s ADU and JADU regulations have not been updated since
2017. Since then, state law has been amended significantly, as the state continues to
adopt regulations aimed at forcing City’s to allow more density and to create additional
housing options.
On March 3, 2022, the Planning Commission reviewed proposed SB 9 and ADU
regulations and recommended that the City Council approve the regulations with a 4-0
vote. The Planning Commission also recommended that additional regulations and
clarifications be added regarding sewer and onsite wastewater treatment systems,
water line connections, and additional parking requirements.
On March 22, 2022, the City Council considered the proposed SB 9 and ADU
ordinances and decided to continue the item in order to hold a joint workshop with the
Planning Commission to further discuss the proposed regulations.
On April 21, 2022, the City Council and Planning Commission held a joint session and
further discussed the proposed SB 9 and ADU regulations. Staff has incorporated the
comments from that meeting, and from the prior meetings of the City Council and
Planning Commission into the proposed ordinances presented with this report.
DISCUSSION:
SB 9 Ordinance
SB 9 has two primary effects on City land use regulations. First, it requires cities to
permit up to two primary residences on each parcel in single-family residential zones,
where previously only one primary residence would be allowed. When combined with
ADUs, this means that a parcel in a single-family residential zone could have up to 4 dwelling units, if it was not created through an SB 9 lot split.
Second, SB 9 requires cities to permit owners of single-family residential lots to split their
lots in half and create two separate smaller parcels, even if the resulting lots are smaller
than the minimum lot size otherwise allowed. New lots resulting from an SB 9 lot split
may only have up to two units on them, inclusive of ADUs and JADUs.
State law establishes many requirements, but also allows cites to impose additional
objective standards that do not conflict with state law. The following tables show the
mandated state requirements and additional objective standards that City staff are
proposing:
SB 9 Lot Splits
State
Requirements
1. Only allowed in single-family residential zones - RH, R1-20, R1-10,
and R1-7.2 zones.
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2. Not allowed on parcels that are located in or on certain kinds of
protected farmland; wetlands; high fire severity zones (subject to
some exceptions); hazardous waste sites; earthquake fault zones;
flood hazard areas; habitat for protected species; or land under a
conservation easement.
3. Not allowed in historic districts
4. City may deny a proposed SB 9 lot split if the building official
makes a written finding based upon a preponderance of the evidence,
that the proposed project would have a specific adverse impact (as
defined) upon public health and safety or the physical environment,
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact.
5. Resulting lots must be at least 40% of the size of the original lot
and must be at least 1,200 square feet.
6. An urban lot split cannot be used to split a lot that was previously
split by an urban lot split.
7. An urban lot split cannot require or allow the demolition or alteration
of any of the following types of housing: (a) Housing that is subject to
a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low
income. (b) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power. (c) Housing
that has been occupied by a tenant in the last three years.
8. Vacant lots are not eligible for urban lot split, unless the owner of
the lot is a community land trust or qualified nonprofit corporation as
defined by state law.
9. Lots resulting from urban lot splits can only be used for residential
uses.
10. Owner of the property must sign an affidavit stating intent to
occupy a unit on one of the resulting parcels as their primary residence
for three years after approval of lot split, unless the owner is a
community land trust or qualified nonprofit corporation as defined by
state law.
11. Resulting lots must have access to right-of-way and must dedicate
easements for utilities and public facilities.
12. Units built on resulting parcels cannot be rented for terms of less
than 31 days (no short-term rentals).
13. Resulting parcels may only have up to two units on them
(including ADUs and JADUs).
14. Lot splits must comply with all requirements of the Subdivision
Map Act and all other City standards for lot splits.
15. Urban lots splits will be ministerially approved without a public
hearing.
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Additional City
Standards
1. City will mail a courtesy notice to the owner(s) of each property
immediately adjacent to the property where the proposed lot split will
be located informing the owner(s) of the submitted application.
2. The dividing line between the two resulting parcels must be a single
straight line extending from the right-of-way to the rear lot line.
3. The owner of the parcel to be divided must execute a deed
restriction, which will be recorded on each of the resulting parcels, at
the property owner’s cost, and will limit the use of each parcel in
accordance with the standards in the City’s ordinance.
SB 9 Units
State
Requirements
1. Only allowed in single-family residential zones - RH, R1-20, R1-10,
and R1-7.2 zones.
2. Not allowed on parcels that are located in or on certain kinds of
protected farmland; wetlands; high fire severity zones (subject to
some exceptions); hazardous waste sites; earthquake fault zones;
flood hazard areas; habitat for protected species; or land under a
conservation easement.
3. Not allowed in historic districts.
4. City may deny a proposed SB 9 development if the building official
makes a written finding based upon a preponderance of the evidence,
that the proposed project would have a specific adverse impact (as
defined) upon public health and safety or the physical environment,
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact.
5. An SB 9 development cannot require or allow the demolition or
alteration of any of the following types of housing: (a) Housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low
income. (b) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power. (c) Housing
that has been occupied by a tenant in the last three years.
6. SB 9 developments will be ministerially approved without a public
hearing.
7. City can only impose up a 4 foot rear and side setback for SB 9
units.
8. City can only require one parking spot per SB 9 units, with some
exceptions.
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9. City cannot enforce standards that would prevent up to two primary
units that are at least 800 square feet each.
10. Maximum of two primary units are allowed on property, plus
ADUs/JADU.
11. SB 9 units cannot be rented for terms of less than 31 days (no
short-term rentals).
Additional City
Standards
1. City will mail a courtesy notice to the owner(s) of each property
immediately adjacent to the property where the proposed SB 9
development will be located informing the owner(s) of the submitted
application.
2. SB 9 developments will be approved thought the administrative site
and architectural review process.
3. Units built under SB 9 will not have a maximum size. They will
instead be limited by development standards including setbacks,
maximum lot coverage requirements, and a minimum distance
between detached structures. Regardless of these standards, the City
must allow units to be at least 800 square feet as long as they meet a
4-foot rear and side yard setback. A second unit may not be larger
than an existing primary unit on the same lot.
4. Units created under SB 9 are limited to two (2) stories, or to one (1)
story if built on top of a one-story structure.
5. Must have at least 15 feet of separation between SB 9 units and
other detached units on a parcel.
6. There must be at least four (4) feet of unobstructed space adjacent
to each exterior wall of a second unit and each unit of a two-unit
development in order to ensure that the unit is accessible by public
safety personnel. This space shall remain unobstructed at all times.
7. City will require sewer line inspection to determine the capacity of
existing sewer lines and/or the onsite wastewater treatment system on
the parcel. Wastewater systems within 200 feet of an existing sewer
line will be required to disconnect from the wastewater treatment
system and be connected to the sewer. Compliance with the California
Plumbing Code and the Santa Ana Regional Water Quality Control
Board and/or other objective City sewer or septic system requirements
will be required. If a parcel relies on an onsite wastewater treatment
system and there is not space to accommodate a new onsite
treatment for replacement, the City shall require all existing units on
the parcel to disconnect from the wastewater treatment system and
connect to the sewer. If disconnection of an existing wastewater
system and connection to the sewer is not possible, then the building
official, or designee shall consider whether such circumstances are
grounds for denial of the proposed project pursuant to Section
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18.65.020C.
8. Each unit created under SB 9 shall have an unobstructed pathway,
constructed of impermeable materials, leading up to its main entrance,
sufficient to provide access to the unit by public safety personnel and
the resident of the unit.
9. Design of second units must match the primary unit. Flat roofs will
not be allowed. The roof shall have a minimum 16-inch overhang,
except that the outermost edge of the roof shall be at least three (3)
feet from any side or rear lot line.
10. SB 9 units may not be turned into condos or sold separately from
other units on the property.
11. Owner must execute deed restriction limiting use of units as
required by state law and City ordinance.
12. SB 9 units are required to pay development impact fees, in an
amount established by the City Council.
13. SB 9 units will be assumed to be rentals and will be subject to
City’s Non-Owner Occupied/Rental Property Program.
14. New SB 9 units are required to have a separate connection to the
water service line and comply with the Riverside Highland Water
Company requirements.
15. One new on-site off-street parking space per each new unit is
required. Such parking spaces shall be in addition to all existing
parking spaces on the parcel.
ADU Ordinance
As with SB 9, many of the standards for ADUs/JADUs are established by state law, but
the state does allow cities to establish regulations that do not conflict with state law. The
following table shows the mandated state requirements and additional standards that
City staff are proposing:
ADU/JADU Regulations
State
Requirements
1. ADUs are permitted in single-family, multifamily, and mixed-use
zones, and on properties with single-family and multifamily units.
2. Must be approved ministerially without a public hearing.
3. Parcel with one or more single-family dwelling can have one ADU;
parcel with a multifamily dwelling can have two ADUs (or more for
parcels with more than 8 multifamily units).
4. JADUs must be completely within a single family dwelling and are
only allowed on parcels that have only one single-family dwelling and
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no multi-family dwellings.
5. City can only impose up a 4 foot rear and side setback for ADUs.
6. ADUs can be attached to, detached from, or built within other
dwelling structures, or be created by converting non-habitable
structures.
7. ADUs must have complete independent living facilities and can
only be limited to 850 sf for studio/one-bedroom units and 1,000 sf for
units with two or more bedrooms.
8. JADUs must have independent living facilities except that they can
share a bathroom with the primary unit and only have to have an
efficiency kitchen; they are limited to 500 square feet.
9. City cannot impose owner-occupancy requirements on ADUs, but if
property has a JADU, owner must either live in JADU or primary
dwelling.
10. ADUs and JADUs cannot be sold separately from other units on
property (with one minor exception).
11. Only one parking space can be required for ADUs (with some
exceptions) and no additional parking can be required for JADUs.
12. A deed restriction must be recorded for a JADU requiring
compliance with state law regulations.
Additional City
Standards
1. The minimum size will be an efficiency unit (220 square feet).
JADUs will be limited to 500 square feet. ADUs built inside primary
units or existing accessory structures will not have a maximum size
limit. Attached and detached ADUs will not have a maximum size limit
but will instead be limited by development standards including
setbacks, maximum lot coverage requirements, and a minimum
distance between detached structures. Regardless of these
standards, the City must allow units to be at least 800 square feet as
long as the ADU meets a 4-foot rear and side yard setback. An ADU
may not be larger than an existing primary unit on the same lot.
2. ADUs are limited to two (2) stories, or to one (1) story if built on top
of a one-story structure.
3. Detached accessory dwelling units shall have a minimum wall
separation from the primary unit(s) of fifteen (15) feet.
4. City will require sewer line inspection to determine the capacity of
existing sewer lines and/or the onsite wastewater treatment system on
the parcel. Wastewater systems within 200 feet of an existing sewer
line will be required to disconnect from the wastewater treatment
system and be connected to the sewer. Compliance with the California
Plumbing Code and the Santa Ana Regional Water Quality Control
Board and/or other objective City sewer or septic system requirements
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will be required. If a parcel relies on an onsite wastewater treatment
system and there is not space to accommodate a new onsite
treatment for replacement, the City shall impose conditions of approval
on the development that are necessary to ensure compliance with
such requirements.
5. There shall be at least four (4) feet of unobstructed space adjacent
to each exterior wall of an accessory dwelling unit in order to ensure
that the unit is accessible by public safety personnel. This space shall
remain unobstructed at all times.
6. Each accessory dwelling unit and junior accessory dwelling unit
shall have an unobstructed pathway, constructed of impermeable
materials, leading up to its main entrance, sufficient to provide access
to the unit by public safety personnel and the resident of the unit.
However, the pathway is not required to extend from the unit all the
way to the street.
7. Design of ADUs must match primary unit. Ordinance establishes
specific development and design standards for manufactured homes
used as ADUs. Flat roofs are not allowed. The roof shall have a
minimum 16-inch overhang, except that the outermost edge of the roof
shall be at least three (3) feet from any side or rear lot line.
8. ADUs and JADUs cannot be used for short-term rentals (less than
31 days).
9. ADUs/JADUs will be assumed to be rentals and will be subject to
City’s Non-Owner Occupied/Rental Property Program.
10. Establishes requirements for number of ADUs allowed on a
property with both a single-family and multifamily residence since state
law is silent on this issue.
11. ADUs above 750 sf are required to pay development impact fees,
in an amount established by the City Council
12. ADUs/JADUs will be approved thought the administrative site and
architectural review process.
13. New SB 9 units are required to have a separate connection to the
water service line and comply with the Riverside Highland Water
Company requirements.
14. One new on-site off-street parking space per each new unit is
required. Such parking spaces shall be in addition to all existing
parking spaces on the parcel.
15. Accessory dwelling units and junior accessory dwelling units shall
have their own address, which shall be the address of the primary unit
with the addition of a letter (A, B, C, etc.).
Adoption of the proposed ordinances would repeal Urgency Ordinance No. 336-U and
replace its amendments with the new amendments in the proposed ordinances.
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If the ADU ordinance is adopted, the city will be required to submit the ordinance to the
Department of Housing and Community Development as required by state law.
ENVIRONMENTAL REVIEW:
The adoption of SB 9 regulations is not a “project” for purposes of the California
Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j)
and 66411.7(n). Additionally, the adoption of an ordinance regarding second units
(ADUs) in a single-family or multifamily residential zone to implement the provisions of
Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review
pursuant to Public Resources Code Section 21080.17. Therefore, the proposed
ordinances do not require any environmental review under CEQA.
FISCAL IMPACT:
There will be no expenditure on the part of the city to adopt this ordinance. The cost to
administer this ordinance is currently unknown, but such costs will be recovered, at
least in part, through application fees.
RECOMMENDATION:
Staff recommends the City Council read by title only, waive further reading and
Introduce (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-
UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9, and (2) AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS.
ATTACHMENTS:
• SB 9 Ordinance_Grand Terrace_ 5.2.22 (DOCX)
• ADU Ordinance_Grand Terrace_ 5.2.22 (DOCX)
• 336-U (PDF)
APPROVALS:
Haide Aguirre Completed 05/02/2022 6:47 PM
City Attorney Completed 05/04/2022 12:02 PM
City Manager Completed 05/03/2022 8:36 AM
City Council Pending 05/10/2022 6:00 PM
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01247.0005/787276.1 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS
AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE
BILL 9
WHEREAS, the City Council adopted Urgency Ordinance 336-U on January 25, 2022,
establishing objective standards and regulations regarding second units, two-unit developments,
and urban lot splits authorized by SB 9; and
WHEREAS, out of an abundance of caution, the City Council now wishes to adopt the
same regulations through the regular ordinance process, and also wishes to make certain revisions
to the previously adopted SB 9 regulations; and
WHEREAS, the Planning Commission considered this ordinance at the Planning
Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0
adopting a resolution recommending City Council approval; and
WHEREAS, on April 21, 2022, the City Council and Planning Commission held a joint
session to further discuss proposed SB 9 and accessory dwelling unit regulations; and
WHEREAS, on May 10, 2022 the City Council of the City of Grand Terrace conducted a
duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795
Barton Road and conclude the hearing on said date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated by reference.
SECTION 2. CEQA. The City Council finds and determines that these ordinance
amendments are not a “project” for purposes of California Environmental Quality Act (CEQA)
pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and therefore do not require
any environmental review under CEQA.
SECTION 3. Urgency Ordinance 336-U is hereby repealed in its entirety and all changes
to the Grand Terrace Municipal Code made therein are hereby repealed.
SECTION 4. Section 17.04.040, subjection H, of the Grand Terrace Municipal Code is
hereby amended as follows with the remainder of Section 17.04.040 remaining unchanged
(deletions in bold strikethrough; additions in bold italics):
H. The construction, financing or leasing of dwelling units pursuant to
California Government Code Section 65852.1 or second accessory
dwelling units pursuant to California Government Code Section 65852.2;
but this Title shall apply to the sale or transfer, but not the leasing of those
units;
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SECTION 5. Table 17.04.050 (Review, approval and appeal body) is hereby amended as
follows (additions in bold italics):
Table 17.04.050 Review, approval and appeal body
TYPE OF
ACTION
REVIEW
BODY
APPROVAL
BODY
APPEAL
BODY
Tentative maps Planning
Commission
City Council N/A
Vesting tentative
maps
Planning
Commission
City Council N/A
Tentative parcel maps Planning
Commission
City Council N/A
Tentative map
extensions
City staff and other
responsible agencies
Director Planning
Commission
Parcel maps (4 or less
lots)
City staff and other
responsible agencies
City Council N/A
Final maps (5 or
more lots)
City staff and other
responsible agencies
City Council N/A
Waivers of parcel
maps
City staff and other
responsible agencies
City Engineer Planning
Commission
Urban Lot Splits City staff and other
responsible agencies
City Engineer Planning
Commission
Reversion to
acreage
Planning
Commission
City Council N/A
Lot and parcel
mergers
City staff and other
responsible agencies
Director Planning
Commission
Lot line adjustments City staff and other
responsible agencies
Director Planning
Commission
Certificate of
Compliance
City staff and other
responsible agencies
City Engineer Planning
Commission
SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended
to add a definition of “Urban lot split” as follows, with all other definitions in Section 17.08.020,
except those shown below, remaining unchanged (deletions in bold strikethrough; additions in
bold italics):
GG. “Urban lot split” shall mean the division of a single parcel into two
separate parcels in compliance with the provisions of Chapter 17.30
(Urban Lot Splits).
GG. HH. “Vesting tentative map” shall mean a tentative map prepared in
accordance with the provisions of this Title that shall have printed
conspicuously on its face the words "Vesting Tentative Map" at the time it
is filed.
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HH. II. “Zoning code” shall mean Title 18 of the Grand Terrace Municipal
Code, including all text and maps, as it may be amended from time to time.
SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace
Municipal Code and shall read as follows (additions in bold italics):
Chapter 17.30 - URBAN LOT SPLITS
17.30.010 - Purpose.
The purpose of this chapter is to establish procedures and standards for urban
lot splits in accordance with the requirements of Government Code Section
66411.7.
17.30.020 - Permitted applicants; ministerial review; standard for denial;
courtesy notice.
A. Only individual property owners may apply for an urban lot split.
“Individual property owner” means a natural person holding fee title
individually or jointly in the person’s own name or as a beneficiary of a
trust that holds fee title. “Individual property owner” does not include any
corporation or corporate person of any kind (partnership, LP, LLC, C
corp, S corp, etc.) except for a “community land trust,” as defined in
Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified
nonprofit corporation” as described in Revenue and Taxation Code
Section 214.15.
B. Notwithstanding any other provision of this code, an application for an
urban lot split shall be considered ministerially, without discretionary
review or a hearing, and shall be approved if it meets all of the
requirements of this chapter.
C. An application for an urban lot split shall be approved or denied by the
City Engineer, and the decision may be appealed in accordance with
Section 17.16.150.
D. Notwithstanding subsection B, the City may deny an application for an
urban lot split if the building official, or designee, makes a written
finding, based upon a preponderance of the evidence, that the proposed
urban lot split would have a specific, adverse impact, as defined in
subsection (d)(2) of Government Code Section 65589.5, upon public
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
E. At least seven (7) days prior to making a determination on an application
for an urban lot split, the City Engineer shall mail a courtesy notice to the
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01247.0005/787276.1 4
owner(s) of each property immediately adjacent to the property where the
proposed lot split will be located informing the owner(s) of the submitted
application.
17.30.030 - Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split:
A. Shall be located in an RH, R1-20, R1-10, or R1-7.2 zoning district;
B. Shall have at least one residential dwelling unit located on it on the date
that the urban lot split is approved, unless the parcel is owned by a
“community land trust,” as defined in Revenue and Taxation Code
Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as
described in Revenue and Taxation Code Section 214.15;
C. Shall only have residential uses located on it on the date the urban lot split
is approved;
D. Shall not be located on a parcel that is any of the following, as more
particularly described and defined in Government Code Section
65913.4(a)(6)(B) through (a)(6)(K):
1. Prime farmland, farmland of statewide importance, or land zoned
or designated for agricultural protection by an approved local
ballot measure;
2. Wetlands;
3. Within a very high fire hazard severity zone as determined by the
Department of Forestry and Fire Protection, unless the site has
adopted fire hazard mitigation measures pursuant to existing
building standards or state fire mitigation measures;
4. A hazardous waste site that has not been cleared for residential
use;
5. Within a delineated earthquake fault zone unless the development
complies with all applicable state and local seismic protection
building code standards;
6. Within a special flood hazard area subject to inundation by a 100-
year flood, unless:
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a. The site has been subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency
and issued to the city; or
b. The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program;
7. Within a regulatory floodway, unless the development has received
a no-rise certification;
8. Lands identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or other
adopted natural resource protection plan;
9. Habitat for protected species; or
10. Land under a conservation easement;
E. Shall not be located within a historic district or on property included on
the State Historic Resources Inventory, as defined in Public Resources
Code Section 5020.1, or within a site that is designated or listed as a City
or county landmark or historic property or district pursuant to a City or
county ordinance;
F. Shall not have been created through a previous urban lot split; and
G. Shall not be adjacent to a parcel that was previously subdivided through
an urban lot split by the owner of the parcel on which the urban lot split
is proposed or any person acting in concert with the owner.
17.30.040 - Additional requirements.
A. An urban lot split shall subdivide an existing parcel to create no more
than two new parcels of approximately equal lot area, provided that:
1. Neither resulting parcel shall be smaller than 40 percent of the lot
area of the original parcel proposed for subdivision;
2. Neither resulting parcel shall be smaller than 1,200 square feet;
and
3. The dividing line between the two resulting parcels shall be a
single straight line extending from the right-of-way to the rear lot
line.
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B. An urban lot split shall not result in the creation of a parcel with more
than two existing units, as defined in Section 17.30.060.
C. An urban lot split shall not require or allow the demolition or alteration
of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through
a public entity’s valid exercise of its police power.
3. A parcel on which an owner of residential real property has
exercised the owner’s rights under Chapter 12.75 (commencing
with Section 7060) of Division 7 of Title 1 of the Government Code
to withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application.
4. Housing that has been occupied by a tenant in the last three years.
D. As a condition of approval for an urban lot split, the owner of the parcel
being split shall sign an affidavit, in a form approved by the City Attorney,
stating that:
1. The proposed urban lot split will not violate the requirements of
subsection C of this section;
2. Neither the owner, nor any person acting in concert with the
owner, has previously subdivided an adjacent parcel using an
urban lot split; and
3. The owner intends to occupy a residential dwelling unit on one of
the parcels created by the urban lot split as their primary residence
for a minimum of three years from the date of the approval of the
urban lot split. This subsection D.3 shall not apply if the owner of
the parcel is a “community land trust,” as defined in Revenue and
Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified
nonprofit corporation” as described in Revenue and Taxation
Code Section 214.15.
E. As a condition of approval of an urban lot split, the owner shall dedicate
all easements over the resulting parcels required for the provision of
public services and facilities, as determined by the City Engineer.
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01247.0005/787276.1 7
F. Each parcel resulting from an urban lot split shall have access to or adjoin
the public right-of-way, and, if necessary, provide the other parcel with
access to the right-of-way through an easement.
G. The City shall not require as a condition of approval of an urban lot split:
1. Dedications of rights-of-way or the construction of offsite
improvements; or
2. The correction of non-conforming zoning conditions existing on
the parcel that will be divided.
H. An urban lot split:
1. Shall conform with all the requirements of the Subdivision Map
Act; and
2. Shall conform with all the requirements applicable to lot splits
under this code, except for those requirements that conflict with
the requirements of this chapter, in which case the provisions of
this chapter shall control.
17.30.050 - Limitations applicable to new parcels.
A. Parcels created by an urban lot split shall only be used for residential uses,
notwithstanding the fact that other uses may be permitted in the zoning
district in which the parcels are located.
B. Residential units constructed on parcels created by an urban lot split shall
not be rented for a term of less than thirty-one (31) consecutive days.
C. A parcel created through an urban lot split may not be further subdivided
by a subsequent urban lot split.
D. Separate conveyance of the lots resulting from an urban lot split is
permitted. If dwellings or other structures (such as garages) on different
lots are adjacent or attached to each other, the urban lot split boundary
may separate them for conveyance purposes if the structures meet
building code safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the new lot line,
the owner must record appropriate CC&Rs, easements, or other
documentation that is necessary to allocate rights and responsibilities
between the owners of the two lots.
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17.30.060 - Limitation on number of units.
Notwithstanding any other provision of this code, no more than two units are
permitted on any parcel created by an urban lot split. For the purposes of this
section, “unit” means any dwelling unit, including, but not limited to, a primary
dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units
and Two-Unit Developments), an accessory dwelling unit, or a junior accessory
dwelling unit.
17.30.070 - Deed restriction.
As a condition of approval of an urban lot split, the owner of the parcel to be
divided shall execute a deed restriction, in a form approved by the city attorney,
which shall be recorded on each of the resulting parcels, at the property owner’s
cost, and shall limit the use of each parcel in accordance with the standards of
this chapter. Violation of the deed restriction shall be considered a violation of
this code and may be enforced in a manner that this code may be enforced.
SECTION 8. Section 18.06.020 (Accessory structure) is hereby renumbered to Section
18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section
18.06.020, so as to put these two definitions in alphabetical order.
SECTION 9. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety.
SECTION 10. Section 18.06.246 (Dwelling, single-family detached) is hereby added to
the Grand Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.246 - Dwelling, single-family detached.
“Single-family detached dwelling” means one residential structure containing no
more than one dwelling and complying with a minimum living area requirement
of one thousand three hundred fifty square feet. It shall also be known as a full
sized single-family unit or single-family dwelling.
SECTION 11. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace
Municipal Code and shall read as follows (additions in bold italics):
18.06.683 - Second unit.
“Second unit” means a second residential dwelling unit, other than an accessory
dwelling unit or junior accessory dwelling unit, on a parcel with one and only
one existing primary dwelling unit.
SECTION 12. Section 18.06.929 (Two-unit development) is hereby added to the Grand
Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.929 - Two-unit development.
“Two-unit development” means the simultaneous development of two new
residential dwelling units on a parcel with no existing primary dwelling units.
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SECTION 13. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended,
a new footnote (e) shall be added to multiple uses under “Other Uses,” footnote (e) shall be
amended, and a new footnote (g) shall be added, as follows (deletions in bold strikethrough;
additions in bold italic):
TABLE 18.10.030
LAND USE REGULATIONS
Permitted Uses RH R1-
20
R1-
10
R1-
7.2
R2 R3 R3-
S
R3-
20/R3-
24
A. Residential Uses
Single-Family (Detached), Full Sized P P P P Pa Pb - -
Second Units (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - -
Two-Unit Developments (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - -
Single-Family (Attached) (Duplexes, Triplexes, and Fourplexes) - - - - P P - P
Multiple Family Units - - - - P P - P
Manufactured Housing (As Permitted Per Chapter 18.66) P P P P P P - -
Mobile Home Park - - - - C C - -
Senior Citizen Housing Pd P
B. Residential Accessory Structures
Accessory Structure P P P P P P Pd P
Second-Family Unite (As Permitted Per Chapter 18.63) P P P P P P - -
Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P P P
Junior Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P - -
Guest House C C C C C C - -
Private Garage P P P P P P - P
Private Swimming Pool P P P P P P Pd P
Home occupation (As Permitted Per Chapter 5.06) P P P P P P Pd P
Keeping of Cats and Dogs (Maximum of Two Each) P P P P P P Pd P
Other Accessory Uses (As Approved by the Planning Director) P P P P P P Pd P
C. Other Uses
Churches (Minimum Three-Acre Parcel)e C C C C C C - -
Schools (Private and Parochial)e C C C C C C - -
Public Park and Playgrounde P P P P P P - -
Public Facilities (And Quasi- Public)e C C C C C C - -
Family Day Care (Eight or Less Children)e P P P P P P - -
Family Day Care Center (Nine or More Children)e C C C C C C - -
Residential Care Facility (Six or Less Persons) P P P P P P P P
Residential Care Facility (Seven or More Persons)f C C - -
Single Room Occupancy C C - -
Utility or Service Facilitye C C C C C C - -
Outdoor Recreation Facilitye C C C C C C - -
D. Temporary uses
Temporary Uses (As approved by Planning Director) P P P P P P Pd P
Temporary Trailers (As Approved by Planning Director) P P P P P P Pd P
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Footnotes:
a. A second single-family detached unit (full-sized single-family detached dwelling) shall be
permitted in the R2 zone provided that the lot or parcel in question meets the minimum area
requirement for the R2 zone and that said lot or parcel is developed with no more than one
single-family detached dwelling. A site and architectural review application for the second-
family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be
required to be approved prior to the issuance of building permits. In addition, all
development standards of the underlying zone must be adhered to; and any division in
ownership among the structures on the lot or parcel in question shall conform to the
subdivision laws of the state and city.
b. A second-family detached unit (full sized single-family detached dwelling) shall be
permitted in the R3 zone provided that the lot or parcel in question meets the minimum area
requirements for the R3 zone and that said lot or parcel is developed with no more than one
single-family detached dwelling. A site and architectural review application for the second-
family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be
required to be approved prior to the issuance of building permits. In addition, all
development standards of the underlying zone must be adhered to; and any division in
ownership among the structures on the lot or parcel in question shall conform to the
subdivision laws of the state and city.
c. "P" stands for "Permitted Use" where the use is permitted by right; and "C" stands for
"Conditional Use" where the use requires a conditional use permit.
d. Senior citizen housing is allowed in the R3-S up to a maximum density of twenty unit/acre.
A specific plan will be required for all senior citizen housing projects in this zone. Some
accessory and temporary uses as indicated will be allowed in the R3-S zone with the
approval of the Community Development Director.
e. Subject to administrative site and architectural review. Notwithstanding anything
indicating otherwise in this Table, this use is prohibited on a parcel that was created by
an urban lot split, pursuant to Section 17.30.050(A).
f. Subject to administrative conditional use permit.
g. Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited
if the finding of a specific, adverse impact is made in accordance with Section
18.65.020(C).
SECTION 14. Chapter 18.60.030, subsection A, of the Grand Terrace Municipal Code is
hereby amended as follows (additions in bold italics):
The requirements for off-street parking shall be as follows:
A. Residential Uses.
1. Single-family dwellings (detached):
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01247.0005/787276.1 11
a. Two parking spaces for each residential unit shall be
provided on the same parcel of land as the residential unit,
b. The required spaces shall be located within a garage;
2. Multiple-family dwellings:
a. One parking space for each studio or efficiency unit.
b. Two parking spaces for each one-, two- or three-bedroom
unit.
c. Three parking spaces for each four-bedroom unit or more.
d. At least one space shall be located within a garage or carport,
and all required spaces shall be located within 150 feet of the
unit being served.
e. Guest parking shall be provided at a ratio of 0.25 spaces for
each residential unit, and shall be rounded up to the next
whole number.
f. Guest parking:
(i) Shall be identified as "Guest Parking";
(ii) Shall not be used for the storage of recreational
vehicles, boats, trailers or other similar items;
(iii) Shall be located on the same parcel of land as the
residential units and shall be within reasonable
walking distance of said units;
(iv) May be uncovered spaces; and
(v) May be located on a private street within the site or
in a common parking area.
3. Second units and two-unit developments: See Chapter 18.65.
4. Accessory dwelling units and junior accessory dwelling units: See
Chapter 18.69.
SECTION 15. Subsections B and C of Section 18.63.020 of the Grand Terrace Municipal
Code are hereby amended as follows (additions in bold italics):
B. Land Use Application. The purpose of this section is to empower the
community development director or representative with responsibilities for
site and architectural review of minor items, yet which may have potential
to adversely affect the environment. Noticing to adjacent property owners
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01247.0005/787276.1 12
will be at the discretion of the community development director, with the
exception of satellite dishes.
1. Land use application, regardless of need for a permit, shall be
required in the event any of the following actions or construction
occur:
a. Any new construction exceeding six feet in height;
b. Any remodeling or renovation of a structure which results
in:
i. A change in use or intensity of use (includes any
proposed use of a structure which has been vacant for
a period of six months or more), or
ii. An increase in building size (including bulk area and
floor area), or
iii. Increased capacity, or
iv. Additional street access;
c. Plan check or clearance of building plans including, but not
limited to: swimming pools, spas, patio covers, enclosures,
all types of accessory structures, walls, fences and other
structures which do not require administrative or formal site
and architectural review.
2. The following items may be approved by the planning director
without going to the site and architectural review board:
a. Sunrooms, provided they strictly meet the planning
commission setback policies, UBC and other construction
code regulations;
b. Satellite dish antennae, provided they can be screened from
the street in accordance with code and design standards.
Notice including location map or site plan shall be mailed to
adjacent property owners requesting comments at least two
weeks in advance of the Planning Director's decision;
c. Overhead decks, provided they strictly meet the Planning
Commission design guidelines;
d. Ground floor additions to existing residential structures
located in an R1 district where the addition is less than 500
square feet gross floor area and the exterior design and
materials of the addition match the exterior design and
materials of the existing structure;
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e. Fences or walls which do not meet Section 18.73.070;
f. All construction of elevated decks;
g. Construction of playhouses according to Section 18.63.110
of this Chapter;
h. Temporary uses with insignificant adverse, long-term
impact on the environment, i.e., parking lot sales, rummage
sales, Christmas tree sales, seasonal sales and others in the
commercial and industrial areas other than residential areas;
i. In the case of damaged or partially damaged structures due
to fire, earthquake, explosion or other natural disasters, and
the structure will be reconstructed in the exact condition
prior to the disaster and in conformance with applicable City
codes and the Zoning Code.
j. Accessory dwelling units that comply with Chapter
18.69.
Any item which could not be satisfactorily reviewed at staff level may be
subject to site and architectural review at the discretion of the Community
Development Director. The Community Development Director's decisions
shall be final unless appealed to the Planning Commission within ten
calendar days. Appeals shall be filed with the Planning Department and
follow similar rules as the appeals to the City Council (Section 18.63.070).
C. Administrative Site and Architectural Review Application. The purpose of
this application is to allow staff level review of projects of medium scale
and impact without the need for a public hearing, related costs and noticing
procedures.
The following items may be approved by the Planning Director without
going to the Site and Architectural Review Board. However, the plans must
be routed to all reviewing agencies and notices shall be mailed to adjacent
property owners requesting comments within two weeks.
The Planning Director’s decisions shall be final unless appealed to the
Planning Commission within ten calendar days.
Appeals shall be filed with the Planning Department and follow similar
rules as the appeals to the City Council (Section 18.63.070).
1. All accessory structures, except:
a. Structures with 65 percent or more of the square footage of
the main residence living area. Living area does not include
porches, patios, carports, garages, storage areas, or auxiliary
rooms;
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01247.0005/787276.1 14
b. Structures 1,200 square feet or more in size;
c. Structures with lot coverage higher than 25 percent;
2. All room additions, except room additions with 65 percent or more
of the square footage of the main residence living area. Living area
does not include porches, patios, carports, garages, storage areas, or
auxiliary rooms;
3. Large scale temporary uses of insignificant adverse impact on the
environment, i.e., parking lot sales which require review by fire,
health and other agencies;
4. In case of damaged structures due to fire, earthquakes, or other
natural disasters where the structure will be reconstructed with
alterations but not sufficient to trigger a public hearing.
5. Developments within the R3-24 and R3-24 Overlay districts. Such
developments shall not constitute a “project” for purposes of
Division 13 (commencing with Section 21000) of the Public
Resources Code.
6. Applications for second units and two-unit developments in
accordance with Chapter 18.65.
7. Applications for accessory dwelling units and junior accessory
dwelling units in accordance with Chapter 18.69.
SECTION 16. Chapter 18.65 (Second Units and Two-Unit Developments) is hereby added
to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics):
Chapter 18.65 - SECOND UNITS AND TWO-UNIT DEVELOPMENTS
18.65.010 - Purpose.
The purpose of this chapter is to establish procedures and standards for the
approval and creation of second units and two-unit developments in accordance
with the requirements of Government Code Section 65852.21.
18.65.020 - Ministerial review; standard for denial; courtesy notice.
A. Notwithstanding any other provision of this code, an application for a
second unit or a two-unit development shall be considered ministerially,
without discretionary review or a hearing, and shall be approved if it
meets all of the requirements of this chapter.
B. An application for a second unit or a two-unit development shall be
reviewed by the Planning Director through the administrative site and
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01247.0005/787276.1 15
architectural review process, as described in Chapter 18.63, and the
decision may be appealed in accordance with Section 18.63.020(C).
C. Notwithstanding subsection A, the City may deny an application for a
second unit or two-unit development if the building official, or designee,
makes a written finding, based upon a preponderance of the evidence, that
the proposed second unit or two-unit development would have a specific,
adverse impact, as defined in subsection (d)(2) of Government Code
Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
D. At least seven (7) days prior to making a determination on an application
for a second unit or two-unit development, the Planning Director shall
mail a courtesy notice to the owner(s) of each property immediately
adjacent to the property where the proposed development will be located
informing the owner(s) of the submitted application.
18.65.030 – General requirements.
Proposed second units and two-unit developments:
A. Shall be located in the RH, R1-20, R1-10, or R1-7.2 zoning district;
B. Shall not be located on a parcel that is any of the following, as more
particularly described and defined in Government Code Section
65913.4(a)(6)(B) through (a)(6)(K):
1. Prime farmland, farmland of statewide importance, or land zoned
or designated for agricultural protection by an approved local
ballot measure;
2. Wetlands;
3. Within a very high fire hazard severity zone as determined by the
Department of Forestry and Fire Protection, unless the site has
adopted fire hazard mitigation measures pursuant to existing
building standards or state fire mitigation measures;
4. A hazardous waste site that has not been cleared for residential
use;
5. Within a delineated earthquake fault zone unless the development
complies with all applicable state and local seismic protection
building code standards;
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6. Within a special flood hazard area subject to inundation by a 100-
year flood, unless:
a. The site has been subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency
and issued to the city; or
b. The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program;
7. Within a regulatory floodway, unless the development has received
a no-rise certification;
8. Lands identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or other
adopted natural resource protection plan;
9. Habitat for protected species; or
10. Land under a conservation easement;
C. Shall not require or allow the demolition or alteration of any of the
following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through
a public entity’s valid exercise of its police power.
3. Housing that has been occupied by a tenant in the last three years;
D. Shall not require or allow the demolition of more than 25 percent of the
existing exterior structure walls on the parcel if the parcel has been
occupied by a tenant in the last three years;
E. Shall not be located on a parcel on which an owner of residential real
property has exercised the owner’s rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 of the
Government Code to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an
application; and
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01247.0005/787276.1 17
F. Shall not be located within a historic district or on property included on
the State Historic Resources Inventory, as defined in Public Resources
Code Section 5020.1, or within a site that is designated or listed as a City
or county landmark or historic property or district pursuant to a City or
county ordinance.
18.65.040 - Development standards.
A second unit, and both of the units in a two-unit development, shall comply with
all of the following development standards:
A. Configuration. A second unit may be attached to or detached from the
other primary dwelling unit on the parcel, subject to subsections C and D
of Section 18.65.030. Subject to the requirements of this chapter, a second
unit may be added to a parcel either by (i) the construction of a new
residential dwelling unit, (ii) the conversion of an existing structure into
a residential dwelling unit, or (iii) the bifurcation of an existing
residential dwelling unit into two separate residential dwelling units.
B. Size. A second unit, and both of the units in a two-unit development, are
subject to the following size limitations:
1. There is no maximum size limit.
2. Second units and both units in a two-unit development shall
comply with setback requirements, the minimum separation
between detached units in subsection (E), the open space
requirements and maximum lot coverage requirements applicable
to the parcel on which each unit is located, and all other
development standards in this Section 18.65.040.
3. A second unit shall not be larger than an existing primary unit on
the same lot.
4. Notwithstanding subsections (B)(2) and (B)(3), and with the
exception of the side and rear setback requirements, the City will
not enforce any development standard to the extent that it would
have the effect of physically precluding the construction of a
second unit or two-unit development on a parcel, or would
physically preclude either the second unit or both units of a two-
unit development from being at least 800 square feet in floor area.
C. Height. A second unit, and both of the units in a two-unit development,
are limited to two (2) stories, or to one (1) story if built on top of a one-
story structure.
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01247.0005/787276.1 18
D. Setbacks. No setback beyond the existing setback shall be required for an
existing structure or for a unit constructed in the same location and to the
same dimensions as an existing structure. In all other circumstances,
second units, and both units of a two-unit development, shall be set back
at least 4 feet from the side and rear lot lines.
E. Separation Between Detached Units. There shall be at least 15 feet of
separation between the walls of second units, and each unit of a two unit
development, and walls of other detached structures on the same parcel.
F. Parking.
1. One new on-site off-street parking space is required for a second
unit and one new on-site off-street parking space per unit is
required for each unit of a two-unit development. Such parking
spaces shall be in addition to all existing parking spaces on the
parcel.
2. Notwithstanding subsection F.1, no parking spaces are required
for a second unit or a two-unit development if either:
a. The parcel is located within one-half mile walking distance
of either a high-quality transit corridor, as defined in
subsection (b) of Public Resources Code Section 21155, or
a major transit stop, as defined in Public Resources Code
Section 21064.3; or
b. There is a car share vehicle located within one block of the
parcel.
G. Wastewater; Water Service.
1. Sewer.
Prior to issuance of a building permit for a second unit or either
unit of a two-unit development, the City Engineer shall inspect
existing sewer lines and determine the sewer capacity limits. If the
City Engineer determines that the addition of a new unit or units
would result in a violation of the requirements of the California
Plumbing Code, and/or other objective sewer or septic system
requirements in local or state law, then the City shall impose
conditions of approval on the development that are necessary to
ensure compliance with such requirements.
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01247.0005/787276.1 19
2. Septic System.
a. If a parcel relies on an onsite wastewater treatment system, and it
is within 200 feet of an existing sewer system, then all existing and
proposed units on the parcel shall be disconnected from the onsite
wastewater treatment system and connected to the sewer system as
a condition of approval of the development.
b. If the City determines that the second unit would exceed the
current capacity of the onsite wastewater system or result in a
violation of the requirements of the California Plumbing Code, the
requirements of the Santa Ana Regional Water Quality Control
Board, and/or other objective City waste disposal system
requirements, then the City shall impose conditions of approval on
the development that are necessary to ensure compliance with
such requirements.
c. If a proposed second unit would be located on the only part of the
parcel that could accommodate a new onsite wastewater treatment
system in the event the existing system needed to be replaced, then
all existing and proposed units on the parcel shall be disconnected
from the onsite wastewater treatment system and connected to the
sewer system as a condition of approval of the development. If
such disconnection and connection is not possible, or would
require off-site improvements, then the building official, or
designee, shall consider whether such circumstances are grounds
for denial of the proposed project pursuant to Section 18.65.020.C.
3. A second unit, and both of the units in a two-unit development,
shall each have a separate connection to the main water service
line in the street and the applicant shall submit plans for such
line(s) to the Riverside Highland Water Company for review and
approval. The applicant shall comply will all objective
requirements of the Riverside Highland Water Company for the
construction and operation of the water line(s).
H. Separate Entrances; Pathway. A second unit, and both of the units in a
two-unit development, shall each have a separate entrance. Furthermore,
each second unit, and each units in a two-unit development, shall have an
unobstructed pathway, constructed of impermeable materials, leading up
to its main entrance, sufficient to provide access to the unit by public
safety personnel and the resident of the unit.
I. Unobstructed Area Adjacent to Unit. There shall be at least four (4) feet
of unobstructed space adjacent to each exterior wall of a second unit and
each unit of a two-unit development in order to ensure that the unit is
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01247.0005/787276.1 20
accessible by public safety personnel. This space shall remain
unobstructed at all times.
J. Additional Development Standards. Except as provided in subsections A
through I, second units, and each unit of a two-unit development, shall
comply with all development standards that would be applicable to a
primary dwelling unit on the same parcel.
18.65.050 - Total number of units.
A. This chapter does not authorize or require the approval of more than two
primary dwelling units on a single parcel. For purposes of this subsection,
“primary dwelling units” means dwelling units other than accessory
dwelling units or junior accessory dwelling units.
B. Notwithstanding any other provision in this chapter, the approval of
second units and two-unit developments on a parcel that was created
through an urban lot split shall be limited as described in Section
17.30.060.
18.65.060 - Design standards.
A. Second units, and each unit of a two-unit development, shall comply with
all objective design standards that would be applicable to a primary
dwelling unit on the same parcel.
B. The architectural design and detailing, roof material, roof pitch, exterior
color, and finish materials of a second unit shall be the same as those of
the primary dwelling unit, except that a flat roof shall not be permitted
even if all or a portion of the roof on the primary dwelling is flat. Both
units of a two-unit development shall have the same roof material, roof
pitch, exterior color, and finish materials. The roof shall have a minimum
16-inch overhang, except that the outermost edge of the roof shall be at
least three (3) feet from any side or rear lot line.
18.65.070 - Rental term; rental property program compliance; separate
conveyance.
A. Second units and both units in a two-unit development shall not be rented
for a term of less than thirty-one (31) consecutive days.
B. Unless the owner of the property provides the City with an annual
certification that a unit is owner-occupied, second units and both units in
a two-unit development shall be assumed to be rental units and shall be
subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental
Property Program).
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01247.0005/787276.1 21
C. A second primary unit may not be turned into a condominium or
otherwise sold separately from the other primary unit on the parcel. The
units in a two-unit development may not be turned into condominiums or
otherwise sold separately from one another.
18.65.080 - Deed restriction.
As a condition of approval of, and prior to the issuance of a certificate of
occupancy for, a second unit or two-unit development, the property owner shall
execute a deed restriction, in a form approved by the city attorney, which shall be
recorded on the property, at the property owner’s cost, and shall require that the
second unit or two-unit development only be used and developed in accordance
with the requirements in this chapter. Violation of the deed restriction shall be
considered a violation of this code and may be enforced in a manner that this
code may be enforced.
18.65.090 Development impact fees.
As a condition of receiving a certificate of occupancy for a second unit or two-
unit development, the applicant shall pay development impact fees in an amount
established by city council resolution.
SECTION 17. Severability. If any provision(s) of this Ordinance or the application thereof
to any person or circumstances is held invalid or unconstitutional by any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or
application, and to this end the provisions of this ordinance are declared to be severable. The City
Council hereby declares that they would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more
sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or
unconstitutional.
SECTION 18. Posting. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted in
accordance with Government Code Section 36933 as required by law.
SECTION 19. This Ordinance shall take effect and be in full force and effect from and
after thirty (30) calendar days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council
after waiving the first reading, except by title, at a regular meeting thereof held on the ____ day
of _____________, 2022, and adopted the Ordinance after the second reading at a regular meeting
held on the ____ day of _______________, 2022, by the following roll call vote:
AYES:
NOES:
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01247.0005/787276.1 22
ABSTAIN:
ABSENT:
_____________________________
Darcy McNaboe
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
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01247.0005/787283.2 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
WHEREAS, Chapter 18.69 of the Grand Terrace Municipal Code establishes regulations
of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, updates to the City’s regulations of accessory dwelling units (ADUs) and
junior accessory dwelling units (JADUs) are needed in order to make these regulations compliant
with state law and clarify the relationship between ADUs/JADUs and units created under SB 9;
and
WHEREAS, the Planning Commission considered this ordinance at the Planning
Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0
adopting a resolution recommending City Council approval; and
WHEREAS, on April 21, 2022, the City Council and Planning Commission held a joint
session to further discuss proposed SB 9 and accessory dwelling unit regulations; and
WHEREAS, on May 10, 2022, the City Council of the City of Grand Terrace conducted
a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795
Barton Road and conclude the hearing on said date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated by reference.
SECTION 2. CEQA. The City Council finds and determines that the adoption of an
ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to
implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from
CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, this ordinance
does not require any environmental review under CEQA.
SECTION 3. Section 18.06.017 (Accessory dwelling unit) is hereby added to the Grand
Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.017 - Accessory dwelling unit (ADU).
“Accessory dwelling unit” or ADU means an attached or detached residential
dwelling unit that provides complete independent living facilities for one or more
persons. An accessory dwelling unit includes (1) an efficiency unit, as defined in
Health and Safety Code Section 17958.1, and (2) a manufactured home, as
defined in Health and Safety Code Section 18007. This definition shall be
E.7.b
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01247.0005/787283.2 2
interpreted as consistent with the definition for “accessory dwelling unit” in
Government Code Section 65852.2.
SECTION 4. Section 18.06.018 (Accessory dwelling unit, junior) is hereby added to the
Grand Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.018 - Accessory dwelling unit, junior (JADU).
“Junior accessory dwelling unit” or JADU means a residential dwelling unit that
is no more than 500 feet in size and is contained within a single-family residence.
This definition shall be interpreted as consistent with the definition for “junior
accessory dwelling unit” in Government Code Section 65852.22.
SECTION 5. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its entirety.
SECTION 6. Chapter 18.69 of the Grand Terrace Municipal Code (Accessory Dwelling
Units) is hereby repealed and replaced in its entirety with the following (new text in bold italics):
Chapter 18.69 - ACCESSORY DWELLING UNITS
18.69.010 - Purpose.
This chapter is intended to implement the provisions of Sections 65852.2 and
65852.22 of the Government Code and, in case of ambiguity, shall be interpreted
to be consistent with such provisions.
18.69.020 - Definitions.
For purpose of this chapter, the following terms shall be defined as follows:
(a) “Multifamily dwelling” means a structure containing two or more
attached primary dwelling units, not including accessory dwelling units
or junior accessory dwelling units. Multiple detached single-family
dwellings on the same lot are not a multifamily dwelling.
(b) “Single-family dwelling” means a structure containing no more than
one primary dwelling unit, not including accessory dwelling units or
junior accessory dwelling units.
18.69.030 - Review process; certificate of occupancy.
(a) Applications for accessory dwelling units and junior accessory dwelling
units pursuant to this chapter shall be processed ministerially, without
discretionary review or a hearing, through the administrative site and
architectural review process, as described in Chapter 18.63, within sixty
(60) days from the date the City receives a complete application if there is
an existing single-family or multifamily dwelling on the lot. If the
application to create an accessory dwelling unit or a junior accessory
dwelling unit is submitted with a permit application to create a new single-
family dwelling on the lot, the City may delay acting on the application
E.7.b
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for the accessory dwelling unit or the junior accessory dwelling unit until
the City acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit or
junior accessory dwelling unit shall be considered without discretionary
review or hearing. If the applicant requests a delay, the 60-day time period
shall be tolled for the period of the delay.
(b) A certificate of occupancy for an accessory dwelling unit shall not be
issued before the city issues a certificate of occupancy for the primary
dwelling.
18.69.040 - Consistency with density requirements, zoning, and general plan.
Accessory dwelling units and junior accessory dwelling units do not exceed the
allowable density for the parcel on which they are located, and are a residential
use consistent with the general plan and zoning designation of the parcel on
which they are located.
18.69.050 - General requirements.
(a) Maximum Number of Units Allowed.
The following is the maximum number of accessory dwelling units and/or
junior accessory dwelling units allowed on any lot. Notwithstanding any
other provision in this chapter, the number of accessory dwelling units
and junior accessory dwelling units permitted on a parcel that was created
through an urban lot split shall be limited as described in Section
17.30.060. Unless specified below, only one category may be used per lot.
(1) ADU or JADU within Proposed or Existing Single-family
Dwelling or Accessory Structure. One accessory dwelling unit and
one junior accessory dwelling unit are permitted on a lot with one
or more proposed or existing single-family dwellings, if either:
(A) The accessory dwelling unit or junior accessory dwelling
unit is proposed within the space of a proposed or existing
single-unit dwelling (including an attached garage); or
(B) The accessory dwelling unit is proposed within the space of
an existing accessory structure, plus an addition beyond
the physical dimensions of the accessory structure of up to
one hundred fifty (150) square feet for the sole purpose of
facilitating entrance to and exit from the accessory
dwelling unit.
(2) Detached/Attached ADU on Lot with Single-Unit Dwelling. One
detached or one attached, new-construction accessory dwelling
unit is permitted on a lot with one or more proposed or existing
single-family dwellings. The accessory dwelling unit may be
E.7.b
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01247.0005/787283.2 4
combined with a junior accessory dwelling unit described in
subsection (a)(1) of this section.
(3) Conversion of Existing Multifamily Dwelling. Multiple accessory
dwelling units are permitted on lots with existing multifamily
dwellings subject to the following:
(A) The amount of accessory dwelling units allowed within a
multifamily dwelling shall be equal to 25 percent of the
number of units in the multifamily dwelling; provided, that
fractional units shall be rounded down, and at least one
accessory dwelling unit shall be allowed in each
multifamily dwelling structure. For example, one
accessory dwelling unit is allowed in a multifamily
dwelling structure with seven or fewer units; two accessory
dwelling units are allowed in a multifamily dwelling
structure with eight to eleven units; and three accessory
dwelling units are allowed in a multifamily dwelling
structure with twelve units; and
(B) An accessory dwelling unit located within a multifamily
dwelling structure may only be located within a portion of
the structure not used as livable space, including, but not
limited to, a storage room, boiler room, passageway, attic,
basement, or garage, provided that each unit shall comply
with state building standards for dwellings. Amenities
within common areas such as recreation rooms, outdoor
space or any space previously designed to meet common
area requirements shall not be converted to accessory
dwelling units.
(4) Detached ADU on Multifamily Lot. Up to two detached, new-
construction accessory dwelling units are permitted on a lot that
has an existing multifamily dwelling.
(b) Required Facilities.
(1) Accessory dwelling units shall include complete independent
living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking, and sanitation,
including a kitchen and bathroom.
(2) Junior accessory dwelling units shall include living facilities for
one or more persons, including permanent provisions for living,
sleeping, eating, and cooking, including an efficiency kitchen, as
defined in Government Code Section 65852.22(a), as may be
amended. Junior accessory dwelling units may include separate
E.7.b
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01247.0005/787283.2 5
sanitation facilities or may share sanitation facilities with the
primary residence.
(c) Separate Entrances; Pathway.
(1) Junior accessory dwelling units and accessory dwelling units
located within or attached to a primary residence shall include an
entrance that is separate from the main entrance to the primary
residence.
(2) Each accessory dwelling unit and junior accessory dwelling unit
shall have an unobstructed pathway, constructed of impermeable
materials, leading up to its main entrance, sufficient to provide
access to the unit by public safety personnel and the resident of the
unit. However, the pathway is not required to extend from the unit
all the way to the street.
(d) Development Standards. Accessory dwelling unit and junior accessory
dwelling units shall comply with the following standards:
(1) Size.
(A) Accessory dwelling units and junior accessory dwelling
units shall be no smaller than an efficiency unit, as defined
in Health and Safety Code Section 17958.1.
(B) Junior accessory dwelling units shall be no larger than 500
square feet.
(C) The size of an accessory dwelling unit shall be limited as
follows:
(i) There is no limit on the size of any accessory
dwelling unit that is located within a proposed or
existing single-family dwelling or accessory
structure, as described in subsection (a)(1).
(ii) There is no limit on the size of an accessory
dwelling unit that is attached to or detached from a
primary unit, except that attached and detached
accessory dwelling units shall not be larger than the
primary unit, and detached and attached accessory
dwelling units shall comply with setback
requirements, the required distance between units
in subsection (d)(4), and the open space
requirements and maximum lot coverage
requirements applicable to the parcel on which the
unit is located.
E.7.b
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01247.0005/787283.2 6
(iii) Notwithstanding subsection (d)(1)(C)(ii), if the
required distance between units in subsection
(d)(4), the open space requirements, and/or the
maximum lot coverage requirements would prevent
an attached or detached accessory dwelling unit
from being at least eight hundred (800) square feet,
or if the primary unit is less than eight hundred
(800) square feet, then an applicant shall,
nonetheless, be permitted to construct an attached
or detached accessory dwelling unit that is up to
eight hundred (800) square feet, provided that the
unit shall comply will all other development
standards, including but not limited to setback
requirements.
(2) Height. Accessory dwelling units are limited to two (2) stories, or
to one (1) story if built on top of a one-story structure.
(3) Setbacks.
(A) The front setback for an accessory dwelling unit shall be
the same as for the primary unit on the property.
(B) The side and rear setbacks for an accessory dwelling unit
shall be four (4) feet minimum.
(C) Notwithstanding (A) and (B), no setback is required for the
conversion of an existing living area, garage, or accessory
structure to an accessory dwelling unit or junior accessory
dwelling unit; or for a new structure constructed in the
same location as an existing structure; where:
(i) the existing structure is permitted; and
(ii) the conversion or new construction will have the
same dimensions as the existing structure.
(4) Separation Between Units. Detached accessory dwelling units
shall have a minimum wall separation from the primary unit(s) of
fifteen (15) feet.
(5) Fire Sprinklers. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary
dwelling unit.
(6) Unobstructed Space Surrounding Unit. There shall be at least
four (4) feet of unobstructed space adjacent to each exterior wall
of an accessory dwelling unit in order to ensure that the unit is
E.7.b
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01247.0005/787283.2 7
accessible by public safety personnel. This space shall remain
unobstructed at all times.
(7) Nonconforming Conditions. Notwithstanding any other provision
of this code, approval of a permit for the creation of an accessory
dwelling unit or junior accessory dwelling unit shall not be
conditioned on the correction of nonconforming conditions on the
subject property.
(8) Compliance with Other Codes. Accessory dwelling units and
junior accessory dwelling units must comply with the building
code, fire code, health and safety codes, and noise insulation
standards applicable at the time the building permit for the
accessory dwelling unit or junior accessory dwelling unit is issued.
(9) Utilities.
(A) The City shall not require a separate utility connection
between an accessory dwelling unit or junior accessory
dwelling unit and the utility, or impose a related connection
fee or capacity charge, for units located entirely within a
primary dwelling, unless the accessory dwelling unit or
junior accessory dwelling unit was constructed with a new
single-family home.
(B) Except as provided in subdivision (A), accessory dwelling
units and junior accessory dwelling units shall have a
separate connection to the main water service line in the
street and the applicant shall submit plans for such line(s)
to the Riverside Highland Water Company for review and
approval. The applicant shall comply will all objective
requirements of the Riverside Highland Water Company
for the construction and operation of the water line(s).
(10) Wastewater Service.
(A) Sewer:
(1) Prior to issuance of a building permit for an accessory
dwelling unit or junior accessory dwelling unit, the City
Engineer shall inspect existing sewer lines and determine
sewer capacity limits. If the City Engineer determines that
the addition of a new unit or units would result in a
violation of the requirements of the California Plumbing
Code and/or other objective sewer or septic system
requirements in local or state law, or exceed the existing
sewer capacity, then the City shall impose conditions of
approval on the development that are necessary to ensure
compliance with such requirements.
E.7.b
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01247.0005/787283.2 8
(B) Septic System:
(1) If a parcel relies on an onsite wastewater treatment system
and the primary unit or second unit is within 200 feet of
the city sewer system, then the city shall require that all
existing and proposed units on the parcel be disconnected
from the onsite wastewater treatment system and connected
to the sewer system as a condition of approval of the
development unless the city determines that there are
conditions precluding attachment.
(2) If the parcel relies on an onsite wastewater treatment
system, the city may, if applicable, require documentation
of a percolation test completed within the last five years, or
if the percolation test has been recertified, within the last
ten years.
(3) If the City determines that the addition of a new unit or
units would exceed the current capacity of the onsite
wastewater system or result in a violation of the
requirements of the California Plumbing Code, the
requirements of the Santa Ana Regional Water Quality
Control Board, and/or other objective City waste disposal
system requirements, then the City shall impose conditions
of approval on the development that are necessary to
ensure compliance with such requirements.
(4) If a proposed unit would be located on the only part of the
parcel that could accommodate a new onsite wastewater
treatment system in the event the existing system needed to
be replaced, then the City shall require that all existing and
proposed units on the parcel be disconnected from the
onsite wastewater treatment system and connected to the
sewer system as a condition of approval of the development.
(11) Manufactured Homes.
If a manufactured home is used as an accessory dwelling unit, it
shall comply with the following requirements:
(A) It shall be no more than ten years old on the day it is
installed on the property.
(B) It shall be installed on a permanent foundation.
(C) It must meet the design standards in Section 18.69.060(b).
E.7.b
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01247.0005/787283.2 9
(12) Address. Accessory dwelling units and junior accessory dwelling
units shall have their own address, which shall be the address of
the primary unit with the addition of a letter (A, B, C, etc.).
(13) Other Development Standards. Except as provided in this Section,
accessory dwelling units and junior accessory dwelling units shall
comply with all development standards applicable to the primary
residence on the same lot.
18.69.060 - Design standards.
(a) The architectural design and detailing, roof material, roof pitch, exterior
color, and finish materials of an accessory dwelling unit or junior
accessory dwelling unit shall be the same as those of the primary dwelling,
except that a flat roof shall not be permitted even if all or a portion of the
roof on the primary dwelling is flat.
(b) The roof shall have a minimum 16-inch overhang.
(c) If a manufactured home is used as an accessory dwelling unit, it shall
comply with the following design requirements:
(1) It shall comply with the design requirements in Section
18.69.060(a), except that if materials matching the primary
dwelling are not commercially available for a manufactured
home, then finish materials shall be the same color as the finish
materials on the primary dwelling; and
(2) Mechanical equipment associated with the manufactured home
shall be located so as to not be visible from a public street or
adjoining property.
18.69.070 - Parking requirements.
(a) One new parking space shall be provided for each accessory dwelling unit
on a lot, except as otherwise provided in subsection (c). The new parking
space(s) shall be located on the same lot where the accessory dwelling unit
is located, shall not be on the street, and shall be in addition to all existing
parking spaces on the lot.
(b) No additional parking spaces are required for a junior accessory dwelling
unit.
(c) Notwithstanding subsection (a), no additional parking is required for
accessory dwelling units in the following circumstances:
(1) The accessory dwelling unit is located within one-half mile
walking distance of public transit, as defined in Government Code
Section 65852.2(j), as may be amended.
E.7.b
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01247.0005/787283.2 10
(2) The accessory dwelling unit is located within an architecturally
and historically significant historic district.
(3) The accessory dwelling unit is located entirely within the proposed
or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(d) Off-street parking may be provided in setback areas in locations
determined by the planning and development services department or
through tandem parking, unless specific findings are made that parking
in setback areas or tandem parking is not feasible based on specific site
or regional topographical or fire and life safety conditions.
(e) Off-street parking spaces do not need to be replaced when a garage,
carport, or covered parking structure is demolished in conjunction with
the construction of an accessory dwelling unit or is converted to an
accessory dwelling unit. However, off-street parking spaces shall be
replaced when a garage, carport, or covered parking structure is
demolished in conjunction with the construction of a junior accessory
dwelling unit or is converted to a junior accessory dwelling unit.
(f) All parking design standards in Chapter 18.60 shall apply unless they
conflict within this Chapter, in which case this Chapter shall govern.
18.69.080 - Sale and rental of units; rental property program compliance.
(a) Except as provided in Government Code Section 65852.26, accessory
dwelling units and junior accessory dwelling units may not be sold or
otherwise conveyed separate from the primary residence.
(b) An accessory dwelling unit or junior accessory dwelling unit may be
rented separate from the primary residence but may not be rented for a
term of less than 31 consecutive days.
(c) Unless the owner of the property provides the City with an annual
certification that a unit is owner-occupied, accessory dwelling units and
junior accessory dwelling units shall be assumed to be rental units and
shall be subject to the requirements in Chapter 5.80 (Non-Owner
Occupied/Rental Property Program).
18.69.090 - Deed restriction – junior accessory dwelling unit.
The approval of a junior accessory dwelling unit shall be conditioned on the
recordation of a deed restriction, which shall run with the land, and will be
recorded by the City on the property where the unit is, or will be, located. The
E.7.b
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01247.0005/787283.2 11
covenant shall be approved by the city attorney and the building official. The
property owner shall bear the cost of recording the deed restriction. The deed
restriction shall include the following:
(a) A prohibition on the sale of the unit separately from the sale of the
primary residence, including a statement that the deed restriction may be
enforced against future purchasers.
(b) A restriction on the size and attributes of the unit that conforms to
Government Code Section 65852.22, including the owner-occupancy
requirement in Section 18.69.100.
18.69.100 - Owner occupancy – junior accessory dwelling unit.
The property owner must reside in any single-family residence that includes a
junior accessory dwelling unit. The owner may reside in either the junior
accessory dwelling unit or the remaining portion of the structure. However,
owner-occupancy is not required if the owner is a government agency, land trust,
or housing organization.
18.69.110 - Development impact fees.
No impact fee shall be imposed for an accessory dwelling unit less than seven
hundred fifty square feet. Any impact fees charged for an accessory dwelling unit
of seven hundred fifty square feet or more shall be charged proportionately in
relation to the square footage of the primary dwelling unit. For purposes of this
section, “impact fee” has the meaning given in Government Code Section
65852.2(f)(3)(b).
SECTION 7. Severability. If any provision(s) of this Ordinance or the application thereof
to any person or circumstances is held invalid or unconstitutional by any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or
application, and to this end the provisions of this ordinance are declared to be severable. The City
Council hereby declares that they would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more
sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or
unconstitutional.
SECTION 8. Posting. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted in
accordance with Government Code Section 36933 as required by law.
SECTION 9. Submission to Department of Housing and Community Development.
Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to
the Department of Housing and Community Development within 60 days after adoption.
SECTION 10. This Ordinance shall take effect and be in full force and effect from and
after thirty (30) calendar days after its final passage and adoption.
E.7.b
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01247.0005/787283.2 12
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council
after waiving the first reading, except by title, at a regular meeting thereof held on the ____ day of
_____________, 2022, and adopted the Ordinance after the second reading at a regular meeting
held on the ____ day of _______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Darcy McNaboe
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
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ORDINANCE NO.336-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN
LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE
WITH SENATE BILL 9
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill 9 (SB 9).
This bill requires the ministerial approval of two dwelling units per parcel in single-family
residential zones, where previously only one primary dwelling unit would have been permitted,
and requires ministerial approval of lot splits in single-family residential zones and allows two
units to be built on each resulting parcel; and
WHEREAS,SB 9 took effect on January 1,2022,and it is therefore necessary for the City
to establish objective standards regarding housing developments and lot splits authorized by SB 9
as soon as possible; and
WHEREAS,the City Council desires to establish objective standards governing units and
lots splits authorized by SB 9 to preserve the City's character and quality of life as characterized
by the City's General Plan; and
WHEREAS,pursuant to Government Code Section 36937,subdivision(b), any ordinance
for the immediate preservation of the public peace, health, or safety, containing a declaration of
the facts constituting the urgency, that is passed by a four-fifths (4/5) vote of the City Council,
shall take effect immediately upon its adoption; and
WHEREAS,the City Council seeks and intends to protect the health, safety, and welfare
of the residents of the City of Grand Terrace by establishing regulations for urban lot splits and
two-unit developments in single family residential zones, as further described herein.
NOW THEREFORE, the City Council of the City of Grand Terrace does hereby ordain
as follows:
SECTION 1. Recitals. The above recitals are incorporated by reference.
SECTION 2. Urgency Findings.
A. SB 9 requires the ministerial approval of two dwelling units per parcel in single-
family residential zones, where previously only one primary dwelling unit would have been
permitted, in addition to accessory dwelling units and junior accessory dwelling units, in some
cases.
B. Additionally, SB 9 requires ministerial approval of lot splits in single-family
residential zones and allows two units to be built on each resulting parcel.
C. This bill has the potential to dramatically increase the density and population of
single-family zones, potentially placing a strain on public resources and the infrastructure that
serves these zoning districts.
CC Ord No.336 Page 1 of 16 January 25,2022
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D. Moreover, SB 9 continues a pattern of state action that deprives cities of control
over issues of fundamental local concern and traditional local control, namely, the character and
quality of residential neighborhoods and the ability to control and plan for the uses of land in the
City.
E. SB 9 took effect on January 1, 2022, and it is therefore necessary for the City to
establish objective standards regarding the housing developments and lot splits that the City will
now be required to permit, and to ensure that such regulations take effect as soon as possible, so
as to protect and provide for the welfare of the local community.
SECTION 3. CEQA. The City Council finds and determines that these ordinance
amendments are not a "project' for purposes of California Environmental Quality Act (CEQA)
pursuant to Government Code Sections 65852.216) and 66411.7(n), and therefore do not require
any environmental review under CEQA.
SECTION 4. Section 17.04.040, subjection H, of the Grand Terrace Municipal Code is
hereby amended as follows with the remainder of Section 17.04.040 remaining unchanged
deletions in bold str•1kethrough; additions in bold italics):
H. The construction, financing or leasing of dwelling units pursuant to
California Government Code Section 65852.1 or seeend accessory
dwelling units pursuant to California Government Code Section 65852.2;
but this Title shall apply to the sale or transfer, but not the leasing of those
units;
SECTION 5. Table 17.04.050(Review, approval and appeal body)is hereby amended as
follows(additions in bold italics):
Table 17.04.050 Review, approval and appeal body
TYPE OF REVIEW APPROVAL APPEAL
ACTION BODY BODY BODY
Tentative maps Planning City Council N/A
Commission
Vesting tentative Planning City Council N/A
maps Commission
Tentative parcel maps Planning City Council N/A
Commission
Tentative map City staff and other Director Planning
extensions responsible agencies Commission
Parcel maps(4 or less City staff and other City Council N/A
lots) res onsible agencies
Final maps(5 or City staff and other City Council N/A
more lots) res onsible agencies
Waivers of parcel City staff and other City Engineer Planning
maps responsible agencies Commission
CC Ord No.336 Page 2 of 16 January 25,2022
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Urban Lot Splits City staff and other City Engineer Planning
responsible agencies Commission
Reversion to Planning City Council N/A
acreage Commission
Lot and parcel City staff and other Director Planning
mergers responsible aizencies Commission
Lot line adjustments City staff and other Director Planning
responsible agencies Commission
Certificate of City staff and other City Engineer Planning
Compliance I responsible agencies I I Commission
SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended
to add a definition of"Urban lot split"as follows, with all other definitions in Section 17.08.020,
except those shown below, remaining unchanged (deletions in bold stFikethFough; additions in
bold italics):
GG. "Urban lot split" shall mean the division of a single parcel into two
separate parcels in compliance with the provisions of Chapter 17.30
Urban Lot Splits).
GQ HH. "Vesting tentative map" shall mean a tentative map prepared in
accordance with the provisions of this Title that shall have printed
conspicuously on its face the words "Vesting Tentative Map" at the time it
is filed.
II. Zoning code" shall mean Title 18 of the Grand Terrace Municipal
Code, including all text and maps, as it may be amended from time to time.
SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace
Municipal Code and shall read as follows (additions in bold italics):
Chapter 17.30- URBAN LOT SPLITS
17.30.010-Purpose.
The purpose ofthis chapter is to establish procedures and standardsfor urbair
lot splits in accordance with the requirements of Government Code Section
6641 L 7.
17.30.020-Ministerial review; standard for denial,
A. Notwithstanding any other provision of this code, an application for an
urban lot split shall be considered ministerially, without discretionary
review or a hearing, and shall be approved if it meets all of the
requirements ofthis chapter.
CC Ord No. 336 Page 3 of 16 January 25,2022
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B. An application for an urban lot split shall be approved or denied by the
City Engineer, and the decision may be appealed in accordance with
Section 17.16.150.
C. Notwithstanding subsection A, the City may deny an application for an
urban lot split if the building official, or designee, makes a written
finding, based upon a preponderance of the evidence, that the proposed
urban lot split would have a specific, adverse impact, as defined in
subsection (d)(2) of Government Code Section 65589.5, upon public
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
17.30.030-Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split.
A. Shall be located in an RH,RI-20,RI-10, or RI-7.2 zoning district,
B. Shall have at least one residential dwelling unit located on it on the date
that the urban lot split is approved;
C. Shall only have residential uses located oil it on the date the urban lot split
is approved;
D. Shall satisfy all the requirements of subsections (a)(6)(B) through
a)( 6)(K), inclusive, of Government Code Section 65913.4;
E. Shall not be located within a historic district or on property included on
the State Historic Resources Inventory, as defined in Public Resources
Code Section 5020.1, or within a site that is designated or listed as a City
or county landmark or historic property or district pursuant to a City or
county ordinance;
F. Shall not have been created through a previous urban lot split, and
G. Shall not be adjacent to a parcel that was previously subdivided through
an urban lot split by the owner of the parcel on which the urban lot split
is proposed or any person acting in concert with the owner.
17.30.040-Additional requirements
A. An urban lot split shall subdivide an existing parcel to create no more
than two new parcels ofapproximately equal lot area,provided that.
CC Ord No. 336 Page 4 of 16 January 25,2022
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1.Neither resulting parcel shall be smaller than 40 percent of the lot
area ofthe originalparcelproposed for subdivision; and
2. Neither resulting parcel shall be smaller than 1,200 square feet.
B. An urban lot split shall not result in the creation ofa parcel with more
than two existing units, as defined in Section 17.30.060.
C. An urban lot split shall not require or allow the demolition or alteration
ofany ofthefollowing types ofhousing:
1. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
2. Housing that is subjectto anyform ofrent orprice control through
apublic entity's valid exercise ofits police power.
3. A parcel on which an owner of residential real property has
exercised the owner's rights under Chapter 12.75 (commencing
with Section 7060)ofDivision 7 ofTitle I ofthe Government Code
to withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application.
4. Housing that has been occupied by a tenant in the last three years.
D. As a condition ofapprovalfor an urban lot split, the applicant and owner
ifdifferentfrom the applicant)shall sign an affidavit,in aform approved
by the City Attorney, stating that.
1.The proposed urban lot split will not violate the requirements of
subsection C of'this section;
2.Neither the owner nor applicant, nor any person acting in concert
with the owner or applicant,haspreviously subdivided an adjacent
parcel using an urban lot split; and
3.The applicant intends to occupy a residential dwelling unit on one
of the parcels created by the urban lot split as their primary
residence for a minimum of three years from the date of the
approval ofthe urban lot split. This subsection D.3 shall not apply
to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) ofparagraph (11) of subdivision
a) of Section 402.1 of the Revenue and Taxation Code, or is a
CC Ord No. 336 Page 5 of 16 January 25,2022
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qualified nonprofit corporation"as described in Section 214.15
ofthe Revenue and Taxation Code.
E. As a condition ofapproval of an urban lot split, the owner shall dedicate
all easements over the resulting parcels required for the provision of
public services andfacilities, as determined by the City Engineer.
F. Each parcel resultingfron an urban lot split shall have access to or adjoin
the public right-of-way, and, ij'necessary,provide the other parcel with
access to the right-of-way through an easement.
G. The City shall not require as a condition of approval of an urban lot split:
L Dedications of rights-of-way or the construction oj' offsite
improvements; or
2.The correction of non-conforming zoning conditions existing on
the parcel that will be divided
H. An urban lot split:
1. Shall conform with all the requirements of the Subdivision Map
Act; and
2. Shall conform with all the requirements applicable to lot splits
under this code, except for those requirements that conflict with
the requirements of this chapter, in which case the provisions of
this chapter shall control,
17.30.050-Limitations applicable to new parcels.
A. Parcels created by an urban lotsplitshall only be usedfor residential uses,
notwithstanding the fact that other uses may be permitted in the zoning
district in which the parcels are located
B. Residential units constructed on parcels created by an urban lot split shall
not be rentedfor a term ofless than thirty-one(31) consecutive days
17.30.060-Limitation on number of units
Notwithstanding any other provision of this code, no more than two units are
permitted on any parcel created by an urban lot split. For the purposes of this
section, "unit"means any dwelling unit, including, but not limited to, aprimary
dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units
and Two-Unit Developments), an accessory dwelling unit, or a junior accessory
dwelling unit.
CC Ord No.336 Page 6 of 16 January 25,2022
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SECTION 8. Section 18.06.017 (Accessory dwelling unit) is hereby added to the Grand
Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.017-Accessory dwelling unit.
Accessory dwelling unit" means an attached or detached residential dwelling
unit thatprovides complete independent living facilities for one or more persons
It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel that the single-family dwelling is situated An
accessory dwelling unit includes (1) an efficiency unit, as defined in Health and
Safety Code Section 17958.1,and(2)a manufactured home,as defined in Health
and Safety Code Section 18007. This definition shall be interpreted as consistent
with the definition for "accessory dwelling unit" in Government Code Section
65852.2.
SECTION 9. Section 18.06.018 (Accessory dwelling unit,junior) is hereby added to the
Grand Terrace Municipal Code and shall read as follows(additions in bold italics):
18 06.018-Accessory dwelling unit,junior.
Junior accessory dwelling unit" means a residential dwelling unit that is no
more than 500feet in size and is contained within a single-family residence. This
definition shall be interpreted as consistent with the definition for `junior
accessory dwelling unit"in Government Code Section 65852.22.
SECTION 10. Section 18.06.020 (Accessory structure) is hereby renumbered to Section
18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section
18.06.020, so as to put these two definitions in alphabetical order.
SECTION 11. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its
entirety.
SECTION 12. Section 18.06.083 (Single-family detached) is hereby deleted in its
entirety.
SECTION 13. Section 18.06.246 (Dwelling, single-family detached) is hereby added to
the Grand Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.246-Dwelling, single-family detached
Single-family detached dwelling"means one residential structure containing no
more than one dwelling and complying with a minimum living area requirement
of one thousand three hundred fifty square feet. It shall also be known as a full
sized single-family unit or single-family dwelling.
SECTION 14. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace
Municipal Code and shall read as follows (additions in bold italics):
18.06.683-Second unit.
CC Ord No.336 Page 7 of 16 January 25,2022
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Second unit"means a second residential dwelling unit, other than an accessory
dwelling unit or junior accessory dwelling unit, on a parcel with one and only
one existing residential unit that is not an accessory dwelling unit or junior
accessory dwelling unit.
SECTION 15. Section 18.06.929 (Two-unit development) is hereby added to the Grand
Terrace Municipal Code and shall read as follows (additions in bold italics):
18.06.929- Two-unit development.
Two-unit development" means the simultaneous development of two new
residential dwelling units on a parcel with no existing residential dwelling units
other than an accessory dwelling unit.
SECTION 16. Table 18. 10.030 of the Grand Terrace Municipal Code shall be amended,
a new footnote (e) shall be added to multiple uses under "Other Uses," footnote (e) shall be
amended, and a new footnote (g) shall be added, as follows (deletions in
additions in bold italics):
TABLE 18.10.030
LAND USE REGULATIONS
Permitted Uses bur1- l-R 1-R2 0'
0 10 7.2 S a
A.Residential Uses
Single-Family(Detached),Full Sized p p p p pa b
Second Units(Subject to Chapter 17.30 and 18.65)
Two-Unit Developments(Subject to Chapter 17.30 and 18.65)
Single-Family Attached (Duplexes,Triplexes,and Fo lexes
Multi le Family Units
Manufactured Housing As Permitted Per Chapter 18.66
Mobile Home Park
Senior Citizen Housing pd
B.Residential Accessor Structures
Accessory Structure P P P P P P,
Accessory Dwelling Unit(Subject to Chapter 17.30 and 18 69)
Junior Accessory Dwelling Unit(Subject to Chapter 17.30 and 18.69)
Guest House C C r r C r -
Private Garage
Private Swimming Pool p p p P p p pd
Home occupation As Permitted Per Chapter 5.06 Pp p pd
Keeping of Cats and Dos Maximum of Two Each a
Other Accessory Uses As Approved by the Planning Director a
C. Other Uses
Churches Minimum Three-Acre Parcel e Ic C 1C Ic 1C
Schools Private and Parochial)e C
Public Park and Playgrounde
CC Ord No.336 Page 8 of 16 January 25,2022
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Public Facilities AndQuasi-Public)" C
Family Day Care(Eight or Less Children
Family Day Care Center(Nine or More Children),* C C
Residential Care Facility Six or Less Persons
Residential Care Facility Seven or More Persons f C -
Sin le Room Occupancy
Utility or Service Facility'
Outdoor Recreation Facilitye
D.Temporary uses
Temporary Uses As approved by Planning Director a
Temporary Trailers As Approved by Planning Director d
Footnotes:
a. A second single-family detached unit(full-sized single-family detached dwelling)shall be permitted
in the R2 zone provided that the lot or parcel in question meets the minimum area requirement for
the R2 zone and that said lot or parcel is developed with no more than one single-family detached
dwelling. A site and architectural review application for the second-family detached unit in
accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the
issuance of building permits.In addition,all development standards of the underlying zone must be
adhered to; and any division in ownership among the structures on the lot or parcel in question shall
conform to the subdivision laws of the state and city.
b. A second-family detached unit(full sized single-family detached dwelling)shall be permitted in the
R3 zone provided that the lot or parcel in question meets the minimum area requirements for the R3
zone and that said lot or parcel is developed with no more than one single-family detached
dwelling.A site and architectural review application for the second-family detached unit in
accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the
issuance of building permits. In addition,all development standards of the underlying zone must be
adhered to; and any division in ownership among the structures on the lot or parcel in question shall
conform to the subdivision laws ofthe state and city.
C. "P" stands for"Permitted Use"where the use is permitted by right; and"C" stands for"Conditional
Use"where the use requires a conditional use permit.
d. Senior citizen housing is allowed in the R3-S up to a maximum density of twenty unit/acre.A
specific plan will be required for all senior citizen housing projects in this zone. Some accessory
and temporary uses as indicated will be allowed in the R3-S zone with the approval ofthe
Community Development Director.
e. Notwithstanding anything indicating
otherwise in this Table,this use is prohibited on a parcel that was created by an urban lot split,
pursuant to Section 17.30.050.
f. Subject to administrative conditional use permit.
g. Notwithstanding anything indicating otherwise in this Table,this use shall be prohibited if the
Ending ofa specific, adverse impact is made in accordance with Section 18.65.020(C).
CC Ord No.336 Page 9 of 16 January 25,2022
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SECTION 17. Chapter 18.63.020 of the Grand Terrace Municipal Code is hereby
amended as follows (additions in bold italics):
C. Administrative Site and Architectural Review Application. The purpose of
this application is to allow staff level review of projects of medium scale
and impact without the need for a public hearing,related costs and noticing
procedures.
The following items may be approved by the Planning Director without
going to the Site and Architectural Review Board. However,the plans must
be routed to all reviewing agencies and notices shall be mailed to adjacent
property owners requesting comments within two weeks.
The Planning Director's decisions shall be final unless appealed to the
Planning Commission within ten calendar days.
Appeals shall be filed with the Planning Department and follow similar
rules as the appeals to the City Council (Section 18.63.070).
1. All accessory structures, except:
a.Structures with 65 percent or more of the square footage of
the main residence living area. Living area does not include
porches,patios, carports, garages, storage areas, or auxiliary
rooms;
b.Structures 1,200 square feet or more in size;
C.Structures with lot coverage higher than 25 percent;
2. All room additions, except room additions with 65 percent or more
ofthe square footage of the main residence living area. Living area
does not include porches,patios, carports, garages, storage areas, or
auxiliary rooms;
3.Large scale temporary uses of insignificant adverse impact on the
environment, i.e., parking lot sales which require review by fire,
health and other agencies;
4. In case of damaged structures due to fire, earthquakes or other
natural disasters where the structure will be reconstructed with
alterations but not sufficient to trigger a public hearing.
5. Developments within the R3-24 and R3-24 Overlay districts. Such
developments shall not constitute a "project" for purposes of
Division 13 (commencing with Section 21000) of the Public
Resources Code.
6. Applications for second units and two-unit developments in
accordance with Chapter 18.65.
CC Ord No. 336 Page 10 of 16 January 25,2022
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SECTION 18. Chapter 18.65 (Second Units and Two-Unit Developments) is hereby
added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics):
Chapter 18.65-SECOND UNITS AND TWO-UNIT DEVELOPMENTS
18.65.010-Purpose.
The purpose of this chapter is to establish procedures and standards for the
approval and creation ofsecond units and two-unit developments in accordance
with the requirements of Government Code Section 65852.2L
18.65.020-Ministerial review;standardfor denial
A. Notwithstanding any other provision of this code, an application for a
second unit or a two-unit development shall be considered ministerially,
without discretionary review or a hearing, and shall be approved if it
meets all of the requirements ofthis chapter.
B. An application for a second unit or a two-unit development shall be
reviewed by the Planning Director through the administrative site and
architectural review process, as described in Chapter 18.63, and the
decision may be appealed in accordance with Section 18.63.020(C).
C. Notwithstanding subsection A, the City may deny an application for a
second unit or two-unit development ifthe building official, or designee,
makes a writtenfinding,based upon a preponderance ofthe evidence,that
the proposed second unit or two-unit development would have a specific,
adverse impact, as defined in subsection (d)(2) of Government Code
Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
18.65.030—General requirements.
Proposed second units and two-unit developments.
A. Shall be located in the RM,R1-20,RI-10, or R1-7.2 zoning district;
B. Shall be located on a parcel that meets all the requirements ofsubsections
a)(6)(B) through (A)(6)(%), inclusive, of Government Code Section
65913.4;
C. Shall not require or allow the demolition or alteration of any of the
following types ofhousing.
CC Ord No. 336 Page 11 of 16 January 25,2022
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1. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
2. Housing that is subject to anyform ofrent orprice control through
apublic entity's valid exercise ofits police power.
3.Housing that has been occupied by a tenant in the last threeyears;
D. Shall not require or allow the demolition ofmore than 25 percent of the
existing exterior structure walls on the parcel if the parcel has been
occupied by a tenant in the last three years,
E. Shall not be located on a parcel on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75
commencing with Section 7060) of Division 7 of Title 1 of the
Government Code to withdraw accommodationsfrom rent or lease within
15 years before the date that the development proponent submits an
application; and
F. Shall not be located within a historic district or on property included on
the State Historic Resources Inventory, as defined in Public Resources
Code Section 5020.1, or within a site that is designated or listed as a City
or county landmark or historic property or districtpursuant to a City or
county ordinance.
18.65.040-Development standards.
A second unit,and both of the units in a two-unit development,shall comply with
all of thefollowing development standards:
A. Con muration. A second unit, and both units ofa two-unit development,
may be attached to, adjacent to, or detached from any other structure on
the parcel, subject to subsections C and D of Section 18.65.030. Subject
to the requirements ofthis chapter,a second unit may be added to aparcel
either by (i) the construction of a new residential dwelling unit, (ii) the
conversion ofan existing structure into a residential dwelling unit, or(iii)
the bifurcation of an existing residential dwelling unit into two separate
residential dwelling units
B. Size. A second unit,and both ofthe units in a two-unit development,shall
be no larger than 800 square feet infloor area each.
C. Height A second unit, and both of the units in a two-unit development,
shall be no taller than 16 feet in height from ground level and shall be
CC Ord No. 336 Page 12 of 16 January 25,2022
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one-story. The units shall not be located on the second or any higher story
ofa structure.
D. Setbacks No setback beyond the existing setback shall be requiredfor an
existing structure orfor a unit constructed in the same location and to the
same dimensions as an existing structure. In all other circumstances,
second units, and both units of a two-unit development, shall be set back
at least 4 feetfrom the side and rear lot lines
E. Separation Between Detached Units There shall be at least 15 feet of
separation between all detached units on a parcel,including second units,
primary units, both units of a two-unit development if they are not
attached, and detached accessory dwelling units
F. Parking.
1.One off-streetparking space is requiredfor a second unit and one
off-streetparking spaceper unit is requiredfor each unit of'a two-
unit development.
2. Notwithstanding subsection F.1, no parking spaces are required
for a second unit or a two-unit development if either.
a.Theparcel is located within one-halfmile walking distance
of either a high-quality transit corridor, as defined in
subsection (b) ofPublic Resources Code Section 21155, or
a major transit stop, as defined in Public Resources Code
Section 21064.3; or
b.There is a car share vehicle located within one block of the
parcel
G. Wastewater.
1. Prior to issuance of a building permitfor a second unit or either
unit ofa two-unit development, a video of the sewer lines that will
be connected to the units)shall be conducted to show there are no
sewer line constraints, as determined by the City Engineer. Any
sewer line constraints shall be resolved to ensure adequate sewer
capacity for all units on the parcel, as determined by the City
Engineer,prior to issuance of a building permit.
2. Prior to issuance of a building permit for a second unit or either
unit of a two-unit development that will be connected to an onsite
wastewater treatment system, the applicant shall provide
documentation of a percolation test completed within the lastfive
CC Ord No. 336 Page 13 of 16 January 25,2022
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years,or,ifthepercolation test has been recertified, within the last
ten years If the City Engineer finds that the onsite wastewater
treatment system is inadequate to serve the proposed units, the
system shall be repaired, replaced,or otherwise modified to ensure
adequate capacity for all units on the parcel, as determined by the
City Engineer,prior to issuance ofa buildingpermit,
H. Separate Entrances. A second unit, and both of the units in a two-unit
development, shall each have a separate entrance.
I.Additional Development Standards Except as provided in subsections A
through H, second units, and each unit of a two-unit development, shall
comply with all development standards that would be applicable to a
primary dwelling unit on the same parcel,
J. Limitation on Enforcement of Development Standards With the
exceptions of the setback requirements in subsection D and the
requirement to comply with all building codes, the City shall not enforce
any development standard to the extent that it would have the effect of
physically precluding the construction of a second unit or two-unit
development on a parcel, or would physically preclude either the second
unit or both units of a two-unit development from being at least 800
squarefeet in floor area.
18. 65.050- Total number ofunits
A. This chapter does not authorize or require the approval ofmore than two
primary dwelling units on a single parcel, For purposes of this
subsection, "primary dwelling units" means dwelling units other than
accessory dwelling units orjunior accessory dwelling unit
A Notwithstanding any other provision in this chapter, the approval of
second units and two-unit developments on a parcel that was created
through an urban lot split shall be limited as described in Section
17.30.060.
18.65.060-Design standards.
Second units, and each unit of a two-unit development, shall comply with all
objective design standards that would be applicable to a primary dwelling unit on
the same parcel,
18.65.070-Rental term.
Second units and the units in a two-unit development shall not be rented for a
term ofless than thirty-one(31) consecutive days
CC Ord No.336 Page 14 of 16 January 25,2022
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18 65.080-Affordable rent requirement.
Second units, and both units of a two-unit development, if rented, shall only be
rented at an affordable rentfor lower-income households, as defined in Health
and Safety Code Section 50053, and shall only be rented to lower-income
households, as defined in Health and Safety Code Section 50079.5, for a
minimum ofSS year& Prior to the issuance ofa certificate of occupancyfor any
second unit or any unit ofa two-unit development,the owner oftheproperty shall
execute and record on the property a deed restriction, in a form approved by the
director and the City Attorney, establishing legal restrictions consistent with this
Section.
SECTION 19. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or
application, and to this end the provisions of this ordinance are declared to be severable. The City
Council hereby declares that they would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more
sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or
unconstitutional.
SECTION 20. Posting. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted in
accordance with Government Code Section 36933 as required by law.
SECTION 21. Effective Date. Pursuant to Government Code Section 36937, this
Urgency Ordinance shall take effective immediately upon approval of the same by a four-fifths
4/5) affirmative vote of the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 25th day of January, 2022.
Darcy c oe
Ma
ATTEST:
ebra Thomas
City Clerk
CC Ord No.336 Page 15 of 16 January 25,2022
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APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
CC Ord No. 336 Page 16 of 16 January 25,2022
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF GRAND TERRACE
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 336-U was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor, and
attested by the City Clerk, at the regular meeting of said City Council held on the 25t' day of
January 2022, and that the same was passed and adopted by the following vote:
AYES: Council Members Allen, Wilson, Robles; Mayor McNaboe
NOES: None.
ABSENT: Mayor Pro Tern Hussey
ABSTAIN: None.
Executed this 26U'day of January 2022, at Grand Terrace, California.
I',—1&/j - - -
Debra L. Thomas
City Clerk
SEAL]
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AGENDA REPORT
MEETING DATE: May 10, 2022 Council Item
TITLE: Award of Contract for HVAC Preventative Maintenance and
Repair Services to Loma Linda Heat and Air Conditioning
Inc.
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: 1. Award and Approve an Agreement for HVAC Services
to Loma Linda Heat and Air Conditioning Inc. in the amount
of $70,916.80 with an initial 3-year term and 2 automatic
extensions of 1 year each.
2. Authorize the City Manager to execute the Agreement
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 “Ensuring Our Fiscal Viability.”
BACKGROUND:
On November 15, 2016, the City entered into a 3-year Maintenance Service Agreement
with ACCO Engineered Systems for heating, ventilation, and air conditioning (HVAC)
Preventative Maintenance Services and Air Filter and Boiler Water Treatment Services.
The contract expired on November 15, 2019.
DISCUSSION:
City staff issued bid documents for HVAC Services in accordance with the City’s
purchasing ordinance. On April 12, 2022, the City issued a Notice Inviting Bids for
HVAC Maintenance and Repair Services, and two (2) bids were submitted. The
companies and their total base bids are as follows:
Annual Compensation Total Compensation for
Initial 3 years
Bid 1 Honeywell Building
Solutions
$50,099.00 $150,297
Bid 2 Loma Linda Heat and
Air Conditioning Inc.
$14,183.36 $42,550.08
As shown above, Loma Linda Heat and Air Conditioning Inc. is the lowest bidder. The
contractor's and subcontractor’s licenses are valid, in good standing, and references
provided positive feedback. The contract will have an initial term of three years with a
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maximum of (2) one-year automatic extensions. The annual compensation for each of
the one-year extensions will also be $14,183.36. This means that the total
compensation for Loma Linda Heat and Air Conditioning Inc. for all 5 years would be
$70,916.80.
The scope of work includes: HVAC equipment preventative maintenance and repair at
City Hall; Air Filter Service, Air Quality, Replacement of UV Light Bulbs, and Emergency
Service. The scope of work also calls for a warranty to be provided on replacement
equipment. Furthermore, the scope of work requires a quarterly performance review,
and allows the City to conduct inspections at any time to ensure the proper level of
preventative maintenance service is performed on the HVAC equipment.
Staff is recommending that Council award to and approve an Agreement with Loma
Linda Heat and Air Conditioning Inc. in an amount not to exceed $14,183.36 annually
(total compensation for the initial three-year term: $42,550.08; total compensation for
the entire 5 years: $70,916.80) for HVAC Preventative Maintenance and Repair
Services and authorize the City Manager to execute the agreement subject to City
Attorney approval as to form. Alternatively, the City Council may also reject all bids.
FISCAL IMPACT:
There are funds budgeted in the FY2021-22 Adopted Budget General Fund (10-195-
257) to cover the remaining quarterly cost of HVAC Maintenance Services ($3,545.84).
ATTACHMENTS:
• Loma Linda Heat and Air Conditioning Inc. Contract & Exhibit (DOCX)
• Loma Linda Heat & Air Conditioning (PDF)
• Honeywell Comprehensive Maintenance (PDF)
• Final Draft - Bid for HVAC Maintenance and Repair Services 2022(DOCX)
APPROVALS:
Luis Gardea Completed 05/05/2022 3:04 PM
City Attorney Completed 05/05/2022 3:04 PM
Finance Completed 05/05/2022 3:04 PM
City Manager Completed 05/05/2022 3:04 PM
City Council Pending 05/10/2022 6:00 PM
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01247.0026/740766.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
LOMA LINDA HEAT AND AIR CONDITIONING INC.
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01247.0026/740766.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
LOMA LINDA HEAT AND AIR CONDITIONING INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND LOMA LINDA HEAT AND AIR CONDITIONING INC. (herein
“Agreement”) is made and entered into this 10th day of May, 2022 by and between the City of
GRAND TERRACE, a California municipal corporation (“City”) and LOMA LINDA HEAT
AND AIR CONDITIONING INC., a California corporation (“Contractor”). City and Contractor
may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor 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. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” 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, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
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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 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
contained in as provided in this Agreement, all of which are incorporated herein by this reference.
In the event of any inconsistency between the terms of the bid documents and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor 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 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
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in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
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to enforce such contractual provisions and ensure subcontractor's compliance, including without
limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor 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 Contractor’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.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
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either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, 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 caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
G.8.a
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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 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.
1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Work and which are not detrimental to the Work or to the interest of
the City, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
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equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 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 Contractor
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 Seventy Thousand Nine Hundred Sixteen Dollars and Eighty Cents
($70,916.80) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.10.
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 the contract retention; (iii) payment for time and materials based upon the
Contractor’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,
G.8.a
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor 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
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor 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, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and 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.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor 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 that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
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.
Contractor 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
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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, 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 Contractor,
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 Contractor 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 Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 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 Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
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Miles Volsch CEO
(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 Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’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 Contractor.
Contractor 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. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated
by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor 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 Contractor, 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 Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
G.8.a
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independent contractor with only such obligations as are consistent with that role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor 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. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. 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 Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
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with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor 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.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
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policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and
any other party involved with the project who is brought onto or involved in the project by
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Contractor, provide the same minimum insurance coverage and endorsements required of
Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor 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
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor 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
attorneys’ fees incurred in connection therewith;
(b) Contractor 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
G.8.a
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activities of Contractor hereunder; and Contractor 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 Contractor 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 Contractor hereunder, Contractor 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
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor 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 Contractor in the performance of professional
services and work 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 Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, 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
G.8.a
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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 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 Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor 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.
Contractor 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. Contractor 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, Contractor
agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor 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”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor 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 Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor 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) Information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
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information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, 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
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, 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 Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. 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 Contractor 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.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor 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
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
G.8.a
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to pay some or all of the outstanding invoices during the period of default. If Contractor 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 Contractor’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.
(b) Dispute Resolution. This Agreement is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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
Contractor 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 Contractor 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
G.8.a
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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, Contractor shall file a 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 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
7.8 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 thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor 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 Contractor has initiated
termination, the Contractor 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.8.a
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7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ 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.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.1 Conflict of Interest.
Contractor 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 Contractor’s performance of services under
this Agreement. Contractor 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
G.8.a
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without the express written consent of the Contract Officer. Contractor 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.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, 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. Contractor 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.
8.3 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor 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,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' 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 Road, Grand Terrace, California 92313, and in the case of the
Contractor, to the person 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. All correspondence relating
to this Agreement shall be serialized consecutively.
G.8.a
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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
Contractor 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.
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. Contractor
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.
Contractor 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
G.8.a
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employee, as a result of consequence of obtaining or being awarded any agreement. Contractor 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.
Contractor’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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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
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
LOMA LINDA HEAT AND AIR
CONDITIONING INC.
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address:
Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.
G.8.a
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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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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01247.0026/740766.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 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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01247.0026/740766.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in Exhibit A-1, including, but not limited to, the “General Provisions” and
“Special Provisions”.
II. Brief description of the work to be performed under this Agreement is as follows
(“Project”):
A. Preventative maintenance and repair of the HVAC mechanical equipment for
Grand Terrace City Hall building.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering status reports on a
weekly basis and pursuant to the construction timeline. Contractor shall also deliver status
reports as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. If applicable, Contractor shall provide safe and continuous passage for pedestrian and
vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH),
latest edition.
G.8.a
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01247.0026/740766.1 A-2
EXHIBIT “A-1”
HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
Contractor shall perform heater, ventilation, and air conditioning (“HVAC”) preventative
maintenance and repair services as provided in this Agreement (“Services”). All work shall be
done in accordance with federal, state and local codes and regulations. The Services includes, but
is not limited to, the following:
I. Service Location: Grand Terrace City Hall: 22795 Barton Road, Grand Terrace, CA 92313
II. General Services
A. The Services shall include, but not be limited to, the following:
1. Contractor shall provide a comprehensive evaluation of the existing HVAC
System at City facilities and provide detailed report that includes
assessment of the current condition of the system and its various
components as well as recommendations for repair or replacement of
equipment with an estimate of cost.
2. Contractor shall provide preventative maintenance services (refer to Sample
Preventative Maintenance Program) for HVAC equipment including
Automation, Water Treatment and Air Filter Services with annual cost.
3. Contractor shall provide maximum warranty for existing equipment and/or
replacement equipment
4. Contractor shall provide hourly rates for service call-outs (outside of routine
maintenance schedule)
III. Equipment
A. Equipment covered by this specification includes electro-mechanical systems,
HVAC, water heaters, pumps, controls, roof-mounted components, mechanical
room devices, UV light bulbs, VAV control boxes, and related critical component
functions, materials, parts and operations. (Please refer to the Equipment List
included in this Exhibit “A-1”).
IV. Maintenance Service
A. Contractor must utilize computer generated preventative maintenance task
scheduling to ensure timely and uniform maintenance on all equipment. The
computer shall use the building's run time, the equipment's run time, the equipment
manufacturer's recommendations and the Contractor's maintenance experience to
generate the required maintenance tasks and the required frequency of task
performance.
B. Contractor shall schedule a technician to perform HVAC preventative maintenance
service on all equipment at a frequency adequate to meet the required level of
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01247.0026/740766.1 A-3
service, but no less than quarterly (refer to the Equipment List and Sample
Preventative Maintenance Service Plan for further details)
C. The City shall be provided with a copy of the computer generated preventative
maintenance task schedule by the Contractor
D. Upon completion of each service call, Contractor shall provide a service report to
the Public Works Director or his designee for signature.
E. The details from the completed service report shall be entered into the computer
database by the Contractor. This will ensure performance control and continuous
program updating.
F. On a semi-annual basis, the Contractor shall supply the City with a copy of the
computer database.
V. Repair or replacement of parts. components and devices
A. All parts, components and devices that are worn or not in optimal functional
condition shall be repaired, or at the City's option, replaced with new parts,
components or devices. When parts, components or devices are replaced in their
entirety and a new design is available and is functionally equivalent and compatible,
the parts, components or device of the newer design shall be used as the
replacements.
B. Warranty shall be provided for replacement parts, components or devices
VI. Air Filter Services
A. Contractor will furnish and install air filters appropriate for the design condition of
the City's ventilation systems. Air filter media for the fan system units listed under
the Equipment List in this Scope of Services will be replaced no less than quarterly.
VII. Additional Services
A. Additional services outside the existing scope of work, for HVAC maintenance and
repairs may be required, for example, the installation of additional HVAC units.
Pursuant to Section 1.10, the City may request an itemized quote for additional
work, said quote shall include any and all additional parts and/or labor necessary to
complete the additional work.
VIII. Air Quality
A. HVAC System must not aggravate any "indoor air pollution" in the building
B. System should provide a minimum of 25 percent makeup fresh air to avoid the
"Sick Building Syndrome"
C. Contractor shall conduct semi-annual random measurements of air flows to ensure
that the proper level of air flows and the proper air circulations are maintained: -
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01247.0026/740766.1 A-4
D. During the course of preventative maintenance service the Contractor shall identify
and report any potential microbiological growth sites or reservoirs. Potential
problem areas can include, but are not limited to, drain pans with stagnant water,
wet insulations, and wet acoustic ceiling tiles and possible outdoor contamination
sources.
E. To minimize the potential for microbiological growth, the Contractor shall apply
disinfectant to the replacement air filter elements prior to their installation. The
disinfectant must be non-toxic and must be approved by the City prior to
application.
IX. Emergency Service
A. The Contractor shall provide emergency services on an as-needed basis.
Emergency service shall be available on a 24/7 basis, weekends and holidays
included.
B. The Contractor shall provide the City with an after-hours emergency telephone
number.
C. The Contractor shall be capable of responding to an emergency situation within
two (2) hours of notification of a HVAC system problem by the City.
D. The responding technicians must be trained on the City's HVAC systems and their
operations.
E. All labor, overtime, parts, supplies and any other expenses incurred on an
emergency service call shall be invoiced separately by the Contractor.
X. INSPECTIONS
The City reserves the right to conduct inspections to confirm that the proper levels of
preventative maintenance service are performed on the HVAC equipment. If the City finds the
preventative maintenance service fails to meet expectations, the City will notify the Contractor in
writing. Contractor shall promptly correct any deficiencies within 3 business days. Failure to
correct such deficiencies will be considered a breach of the Contract.
XI. PERFORMANCE REVIEW
A review of the services provided within this Agreement will be performed by the
Contractor on an annual basis. The Contractor and the Contract Officer will discuss work
performed since the last review, answer questions pertaining to Service delivery, and identify
opportunities to further improve performance of the City's HVAC equipment.
G.8.a
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01247.0026/740766.1 A-5
XII. CITY RESPONSIBILITIES
The City will provide a reasonable means of access to the HVAC equipment.
XIII. CONTRACTOR RESPONSIBILITIES
A. The Contractor shall supply ALL necessary equipment, tools, instrumentation
and labor to perform the HVAC preventative maintenance service as described
herein
B. The Contractor shall be responsible for repairs of damages incurred during the
performance of the preventative maintenance service
D. The Contractor shall provide a service i:e. port, which must include a copy of the
check-off lists and/or work sheets used by the technician
E. The Contractor shall be responsible for supplying any consumable materials such
as filters, belts and water treatment chemicals and invoiced separately, at cost,
unless otherwise informed by the City
G.8.a
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01247.0026/740766.1 A-6
EQUIPMENT LIST:
'
QUANTITY LOCATION DESCRIPTION SIZE MODEL
1 Library Roof Package Unit 10 Tons Carrier
1 Meeting Room/ Package Unit 10 Tons Carrier
Roof
1 Council Package Unit 5 Tons Carrier
Chambers/Roof
1 Civic Center Package Unit 5 Tons Carrier
1 Civic Center Package Unit 5 Tons Carrier
1 Admin/Roof Package Unit 40 Tons Carrier
G.8.a
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01247.0026/740766.1
SAMPLE PREVENTATIVE MAINTENANCE SERVICE
A. CONDENSING UNITS
1. Inspect and test electrical
2. Sequence test all controls and adjust as needed
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections and check contact points
5. Check operating voltages and currents
6. Lubricate all motors, pumps and fan bearings
7. Check pump seal
8. Check spray nozzles and adjust when required 9. Check water strainer
10. Check pump strainer and clean when required
11. Check float control and adjust when required
12. Check drip pan and drain connections
13. Check bleeder line and adjust when required
14. Check water valve setting
15. Check receiver levels
16. Pump down system as required
17. Check bearings for end play, temperature and wear
18. Check motor mounts and belt tension, adjust when required
19. Check fan wheels and blades for dirt accumulation, clearance, rotation,
and balance
20. Check for visible refrigerant leaks
2 I. Check temperature rise across coil
22. Check sub-cooling leaving condenser
23. Check oil levels
24. Check condition of coil surface and fins
25. Wash coils with water where possible
26. Check air intake screen
B. AIR COOLED CONDENSER
1. Clean heat exchanger surface as required
2. Examine surface for corrosion
3. Adjust automatic controls
4. Check air intake screen
5. Check for refrigerant leaks
6. Check condenser for blade and housing clearance
7. Lubricate condenser fan motors and bearings as required
8. Check and adjust condenser fan belt tension as required
9. Check operation of pressure and temperature controls
10. Check condenser screws and bolts for tightness
11. Check condenser fan amperage and voltage
12. Scrape, clean and repair rust spots as required
G.8.a
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01247.0026/740766.1
13. Check coils for dirt and wash coils with water where possible
C. RECIPROCATING COMPRESSORS
1. Check suction pressure with compressor under load
2. Check discharge pressure with compressor under load
3. Check oil pressure
4. Check compressor amperage and voltage
5. Check evaporator fan amperage
6. Check condenser fan amperage
7. Check and record oil level
8. Check pump amperage
9. Check oil for acid
10. Check refrigerant level
11. Check refrigerant system for leaks
12. Check operation of oil safety
13. Check operation of high-pressure cut-out
14. Check operation of other safeties
15. Check and adjust all operating controls as required
16. Check all wiring, tighten all terminals and check contacts
17. Check condenser temperature differential (Delta "T")
18. Check and adjust V-belts as required
D. FAN COILS
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and tighten electrical connections and check contact points
4. Check operating currents
5. Lubricate bearings
6. Check bearings for end play, temperature and wear
7. Check motor mounts, belt tension and condition
8. Check fan wheels for dirt accumulation, clearance, rotation, and
balance
9. Check drives for wear and alignment
10. Check for visible refrigerant leaks
11. Check temperature drop across evaporator coil
12. Check TXV bulb location, strapping, and insulation
13. Check condition of coil surfaces and fins
14. Check condensate pans and drains
15. Check ice patterns
16. Check defrost controls
17. Change air filters as needed
E. FURNACES (GAS OR ELECTRIC)
1. Inspect and test electrical disconnect
2. Sequence test all controls
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01247.0026/740766.1
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections and check contact points
5. Check combustion
6. Check gas train controls, burners and pilot including pilot safety device
7. Clean pilot
8. Check automatic gas valve
9. Lubricate bearings
10. Check bearings for end play, temperature and wear
11. Check motor mounts, belt tension and condition
12. Check fan wheels and blades for dirt accumulation, clearance,
rotation, and balance
13. Check fan limit control
14. Check drives for wear and alignment.
15. Check temperature delta
16. Change air filters as needed
17. Check Flue connection, restriction and operation
18. Test ignition control system
F. AIR HANDLERS
l. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check starter
5. Check and tighten electrical connections, and check contact points
6. Check operating voltages and currents
7. Lubricate bearings
8. Check motor pulley and belts for security, alignment and wear
9. Check bearings for end play, temperature and wear
10. Check motor mounts, belt tension and condition
11. Check fan wheels and blades for dirt accumulation, clearance,
rotation, balance and vibration
12. Check wire and conduit for condition from motor to starter
13. Check for visible leaks
14. Check condition of coil surfaces and fins
15. Check condensate pans and drains
16. Change air filters as required
17. Check fan and motor alignment
18. Check motor for excessive heat and noise
19. Check rotation of motor
G. HEAT PUMP PACKAGE UNITS
I. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections, and check contact points
G.8.a
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01247.0026/740766.1
5. Check operating voltages and currents
6. Lubricate bearings
7. Check bearings for end play, temperature and wear
8. Check motor mounts, belt tension and condition
9. Check fan wheels and blades for dirt accumulation, clearance, rotation
and balance
10. Check couplings and drive for wear and alignment
11. Check for visible refrigerant leaks
12. Check temperature drop across evaporator coil
13. Check TXV bulb location, strapping, and insulation
14. Check crankcase heater
15. Check condition of coil surfaces and fins
16. Check condensate pans and drains
17. Test operation of reversing valve
18. Change air filters as needed
H. PACKAGED AIR CONDITIONING UNITS
1. Check compressor oil pressure and level
2. Check refrigerant sight glass and perform leak test
3. Check and clean air-cooled condenser coil
4. Check condenser fan and motor bearings - Lubricate as required
5. Check supply fan motor bearings - Lubricate as required
6. Check drain pan - Drain and clean as required
7. Clean coils and inlet screen as required
8. Change air filter as required
9. Clean and lubricate all damper bearings and linkage
10. Check all wiring and connections
11. Check for proper operation of gas furnace section - Perform gas furnace
inspections as required
12. Check, adjust and calibrate all temperature controls
13. Clean, paint and repair corroded and rust spots as required
I. FANS AND BLOWERS
1.) Inspect and test electrical disconnect.
2) Check and tighten electrical connections and check contact points.
3) Check operating voltage and currents.
4) Check sheave condition
5) Lubricate bearings and all moving parts
6) Check bearings for end play, temperature and wear
7) Check motor mounts, belt tension and condition
8) Adjust tension on all belt drives
9) Check wheels and blades for dirt accumulation, clearance, rotation, and balance
10) Check couplings and drives for wear and alignment
G.8.a
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01247.0026/740766.1
J. DAMPERS (AUTOMATIC OR MANUAL)
1} Check and adjust for correct operation
2) Check all linkage and adjust where necessary
3) Check fire dampers for flexible links
K. ECONOMIZERS
I) Lubricate damper linkages
2) Check condition of actuators
3) Check motor
L. MOTORS AND MOTOR CONTROLS
I)Clean oil and/or grease
2) Check for overload under full operation
3) Check contactors and clean as necessary
4) Check time clock for proper settings
5) Check and adjust operation of all electric or pneumatic controls 6}
Check motor speeds
7) Check amperage draws
8) Check voltages
9} Secure motor mounts
10) Check bearings
M. CONTROLS - ELECTRIC/PNEUMATIC
1) Check thermostat contacts
2) Check starter contacts
3} Check damper motors/actuators
4) Check refrigerator air dryer
5) Check air controls and filters
6) Check air compressor intake and air filter
7) Check air compressor oil
8) Check air compressor belt
9) Lubricate air compressor motor
10) Spot check stats for calibration
G.8.a
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01247.0026/740766.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
G.8.a
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01247.0026/740766.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as
provided in Exhibit C-1, provided that the City does not expressly or by implication
agree that the actual amount of work will correspond with quantities given in Exhibit C-
1, but reserves the right to increase or decrease the amount of any class or portion as
deemed necessary or advisable by the City Engineer. Contractor shall be paid $3,545.84
on a quarterly basis and Contractor’s total annual compensation shall be as follows:
Year 1 Year 2 Year 3 Year 4
(First
Automatic
Extension
Term)
Year 5
(Second
Automatic
Extension
Term)
$14,183.36 $14,183.36 $14,183.36 $14,183.36 $14,183.36
II. A retention of five percent (5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item above, and with the approval of the Contract
Officer, funds may be shifted from one item’s subbudget to another so long as the Contract
Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor 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.
V. The total compensation for the Services shall not exceed $70,916.80 as provided in Section
2.1 of this Agreement.
G.8.a
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01247.0026/740766.1
EXHIBIT C-1
CONTRACTOR’S PROPOSAL
G.8.a
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01247.0026/740766.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all Services timely and in accordance with a project
schedule to be developed by Contractor and the Contract Officer (consistent with
Exhibits “A” and “A-1”, which project schedule shall be subject to the written
approval of the Contract Officer. Further, Contractor shall perform such Services
timely and in accordance with plans and specifications as provided in Exhibits “A”
and “A-1”. Contractor shall immediately commence all Services upon the City
sending Contractor a written Notice to Proceed.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 1.10.
III. 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 three (3) years from the date hereof (“Initial Term”). After the
Initial Term, this Agreement shall automatically continue for no more than two (2)
successive one (1) year terms unless this Agreement is terminated in accordance
with Article 7 of this Agreement.
G.8.a
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CITY OF GRAND TERRACE
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
REQUEST FOR PROPOSALS
FOR
HVAC PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES
Issue Date: April 12, 2022
Proposal Due: April 22, 2022
[Editor’s Note: Timeline Dates below are Subject to Change]
• Issuance of Bid by City Tuesday, April 12, 2022 (11:00 am)
• Deadline Questions/Clarification Requests Friday, April 22, 2022 (11:00 am)
• Presentation to City Council for Final Approval Tuesday, May 10, 2022 (6:00 pm)
G.8.d
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TABLE OF CONTENTS
SECTION PAGE
NOTICE INVITING BIDS ........................................................................................................ A-1
INSTRUCTIONS TO BIDDERS .............................................................................................. C-1
PROPOSAL DOCUMENTS
Proposal................................................................................................................... ..... C-5
Bidding Schedule .............................................................................................. ........... C-7
Addenda Acknowledgement ......................................................................................... C-9
Bidders Information ....................................................................................................C-10
Designation of Subcontractors..................................................................................... C-12
References .................................................................................................................C-13
Non-Collusion Affidavit ...............................................................................................C-14
Form of Bid Bond........................................................................................................... C-15
CONTRACT AGREEMENT
Contract Agreement................................................................................................... ... D-1
Scope of Services (See Exhibit A)............................................................................. ...
Worker's Compensation Insurance Certificate............................................................. . D-10
EXHIBIT A
SCOPE OF SERVICES with Equipment List and Sample Preventative Maintenance
Program
G.8.d
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A-3
NOTICE INVITING BIDS
(HVAC PREVENTATIVE MAINTENANCE & REPAIR SERVICES)
NOTICE IS HEREBY GIVEN that the City Clerk, on behalf of and as authorized by the
City Council of the City of Grand Terrace (hereinafter referred to as the "City"), will
receive sealed bids at 22795 Barton Road Grand Terrace, California, 92313 in care
of the City Clerk, until 11:00 a.m. on Friday, April 22, 2022 for HVAC preventative
maintenance and repair services at City of Grand Terrace facilities designated as:
HVAC PREVENTATIVE MAINTENANCE & REPAIR SERVICES
BID NO. 22-
At the time designated for receiving sealed bids on said Project, the bids will be publicly
opened, examined and read aloud.
All bids must be in writing, must be sealed in an opaque envelope, and
addressed to the City, c/o City Clerk, and delivered or mailed to the City at
22795 Barton Road Grand Terrace, California 92313 in care of the City Clerk.
The envelope shall be plainly marked in the upper left-hand corner as follows:
ATTENTION: CITY OF GRAND TERRACE c/o CITY
CLERK (BIDDER'S NAME AND ADDRESS)
BID FOR: HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
Contractor must have a Class C20 “HVAC Contractor” License.
Any bid received after the hour stated above for any reason whatsoever, will not be
considered for any purpose but will be returned, unopened, to the bidder.
This project involves HVAC Preventative Maintenance and Repair Services at City of
Grand Terrace City Hall building.
The work shall be done under the supervision of the Director of Public Works / City
Engineer and no work or portion of the work shall be paid for until it is approved for
payment by the Director of Public Works / City Engineer, but this shall not prevent
approval of and payment for completed portions of the work as it progresses, payment
acceptance of these portions or of the completed project.
Each bidder must submit a proposal to the City, c/o City Clerk, on standard forms
provided in the bid package. Said proposal is to be accompanied by a cash deposit, a
certified or cashier’s check, or a bid bond, made payable to the City, in an amount not
less than 10 percent of the total bid submitted. Said cash deposit or check shall be
forfeited or said bond shall become payable in the event the bidder depositing the same
does not within ten (10) calendar days after written notice execute the Contract.
The successful bidder will be required to furnish certificates of insurance evidencing
G.8.d
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A-4
that all insurance coverage as required by the Specification has been so secured.
The Contractor may, at Contractor’s sole cost and expense, substitute securities
equivalent to any monies withheld by the City to insure performance under the Contract.
Such securities shall be deposited with the City, or a state federally chartered bank as
escrow agent, who shall pay such monies to the Contractor upon satisfactory
completion of the Contract. Such securities, if deposited by the Contractor, will be
valued by the City, whose decision on valuation of the securities shall be final. The
Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any accrued interest thereon. Securities eligible for
investment shall include those listed in Government Code Section 16430. No such
substitution shall be accepted until the escrow agreement, letter of credit, form of
security and any other document related to said substitution is reviewed and found
acceptable by the City’s attorney. The City reserves the right to waive any
informalities or irregularities or to reject any or all bids, or any portions of any bid, or to
reject and then negotiate the amount and/or terms of any bid with any bidder, and
to be the sole judge of the merits of the respective bids received. The award of
Contract, if made, will be on the basis of the lowest cost to the City to a responsible
bidder whose proposal complies with all the prescribed requirements.
No bidder may withdraw his bid for a period of thirty (30) days after the bid opening.
Contract Documents, including the Plans and Specifications, may be examined at the
City of Grand Terrace Public Works Department located at 22795 Barton Road, Grand
Terrace, CA 92313 or may be obtained by email request to Shanita Tillman,
Management Analyst, stillman@grandterrace-ca.gov
Any questions regarding the bid documents should be directed via e-mail to the
Interim Public Works Director, Kamran Dadbeh kdadbeh@grandterrace-ca.gov
The successful bidder will be required to pay not less than the prevailing wage scale,
determined by the Director of the California Department of Industrial Relations, copies of
which scale are on file in the office of the City Clerk and the office of the Director of
Public Works / City Engineer, and which shall be made available to any interested party
upon request.
The Contractor shall execute the Contract and shall secure all insurance required within
ten (10) calendar days after the Contractor has been notified in writing of the award of
the Contract.
Payments will be made in cash to the Contractor in accordance with the provisions of
the Specifications and on itemized estimates duly certified and approved by the Director
of Public Works / City Engineer submitted in accordance therewith, based on labor and
materials incorporated into said work during the preceding month by the Contractor.
G.8.d
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A-5
City of Grand Terrace
BY:
(Date) Debra Thomas, City Clerk
G.8.d
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INSTRUCTIONS TO BIDDERS
CITY OF GRAND TERRACE BID NO: 22-01
CITY CLERK'S OFFICE DUE: Apr. 22, 2022
22795 BARTON ROAD at 11:00 A.M.
GRAND TERRACE, CA 92313
Submit bid in sealed
envelope as indicated
on the cover sheet
BIDS NOT DELIVERED PRIOR TO THE HOUR INDICATED
WILL BE REJECTED
WE ARE PLEASED TO ISSUE THE ENCLOSED SPECIFICATIONS FOR YOUR
CONSIDERATION
FORM OF PROPOSAL: The bidder shall submit a complete proposal which will include this
set of Specifications and any other documents required by these Specifications. The
complete proposal shall be enclosed in a sealed envelope bearing the name of the bidder
and of the project. In the event there is more than one bidding schedule, the bidder may bid
on any individual schedule or on any combination of schedules. All quotations must be
signed with the firm's name and by a responsible officer or employee. Obligations assumed
by such signature must be fulfilled.
Prices quoted by the bidder shall be exclusive of Federal Excise Taxes pursuant to
exemption of political subdivision of a State by Federal Law. Prices quoted by the bidder
shall mean total cost to the City, Freight on Board, delivered to the City of Grand Terrace.
ADDENDA: Any addenda issued during the time of bidding forming a part of the documents
shall be acknowledged on the next page of the Bidding Schedule Section C and will be
made a part of the Contract.
DELIVERY OF PROPOSAL: The proposal shall be delivered by the time and to the place
stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that his
proposal is received in proper time. Any proposal received after the scheduled closing time
for receipt of proposal will be returned to the bidder unopened.
WITHDRAWAL OF PROPOSAL: If for any reason you do not wish to bid on the project,
mark NO BID and state your reasons for not bidding at this time. This withdrawal request
must be signed by the bidder or his authorized representative. Such written request must
be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing
time for receipt of proposals. By following the necessary withdrawal procedures, you will
enhance our efforts to keep our bidders list current. The withdrawal of a proposal shall not
prejudice the right of a bidder to file a new proposal.
OPENING OF PROPOSALS: The proposals will be publicly opened and read at the time
and place stipulated in the Notice Inviting Bids. The City Council of the City of Grand
Terrace reserves the right to reject any and all proposals and/or waive any informalities
thereon.
C-1
G.8.d
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We hope you will attend our formal bid opening and obtain the results as we are unable to
complete our evaluation and furnish this information by phone until noon the following day.
The complete proposal including proposal guaranty shall be enclosed in sealed envelope,
endorsed with the bidder's company name and address on the upper left corner, the bid
number, name of project, hour and date of bid opening as shown in Notice Inviting Bids and
the words "Sealed Bid".
Sealed bids shall be addressed to the City of Grand Terrace c/o City Clerk, 22795 Barton
Road, Grand Terrace, California 92313.
MODIFICATIONS AND ALTERNATIVE PROPOSAL: Unauthorized conditions, limitations,
or provisions attached to a proposal will render it informal and may cause its rejection. The
completed proposal forms shall be without interlineations, alterations, or erasures.
Alternative proposals will not be considered unless specified. Oral, telegraphic, or
telephonic proposals or modifications will not be considered. The City of Grand Terrace
cannot honor any explanation or changes in the bid documents unless written addendum
has been issued.
DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a
bidding schedule, the bidder shall furnish a price for all bid items in the schedule, and failure
to do so will render the proposal informal and may cause its rejection. In the event there
are unit price bid items in a bidding schedule and the "amount" indicated for a unit price bid
item does not equal the product of the unit price and quantity, the unit price shall govern
and the amount will be corrected.
PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's
check or bid bond in the amount of not less than 10 percent of the total amount named in
the proposal. Said check or bond shall be made payable to the City and shall be given as a
guarantee that the bidder, if awarded the work, will enter into a Contract within 15 calendar
days after receipt of the Contract from the City, and will furnish the necessary insurance
certificates, faithful performance bond, and labor and material bond; each of said bonds to
be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into
said Contract, the check or bid bond, as the case may be, shall be forfeited to the City. If
the bidder elects to furnish a bid bond as his proposal guarantee, he shall use the bid bond
form bound herein, or one conforming substantially to it in form.
BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, bidder shall carefully
examine the drawings, specifications, and other Contract Documents, and shall visit the site
of the work. It will be assumed that the bidder is familiar with existing site conditions and
has a clear understanding of the requirements of the Contract regarding the furnishing of
materials and performance of work. The submission of a proposal shall be considered
conclusive evidence that the bidder has investigated and is satisfied with the character,
quality, quantities of work to be performed and materials to be furnished.
COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing but also to the general competency of the
bidder for the performance of the work covered by the proposal. To this end, each proposal
shall be supported by a statement of the bidder's experience as of recent date on the form
C-2
G.8.d
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C-3
entitled "INFORMATION REQUIRED OF BIDDER", bound herein. The bidder shall have
recently completed not less than 3 projects of similar type and complexity. No proposal for
the work will be accepted from a Contractor who is not licensed in accordance with
applicable state law.
CONTRACTOR'S LICENSING LAWS: In all State projects where Federal funds are
involved, no bid submitted shall be invalidated by the laws of this State. However, at the
time the Contract is awarded, the Contractor shall be properly licensed in accordance with
the laws of this State. The first payment for work or material under any contract shall not be
made by the Controller unless and until the Registrar of Contractors certifies to the
Controller that the records of the Contractors State License Board indicate that the
Contractor was properly licensed at the time the Contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law, including,
but not limited to, any appropriate disciplinary action by the Contractors State License
Board. The department shall include a statement to that effect in the standard form of
prequalification questionnaire and financial statement. Failure of the bidder to obtain proper
and adequate licensing for an award of a Contract shall constitute a failure to execute the
Contract as provided in Section 10181 and shall result in the forfeiture of the security of the
bidder.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm,
partnership, corporation, or association under the same or different names will not be
considered. Reasonable grounds for believing that any bidder is interested in more than
one proposal for the work contemplated will cause the rejection of all proposals in which
such bidder is interested. If there is reason for believing that collusion exists among the
bidders, all bids will be rejected and none of the participants in such collusion will be
considered in future proposals. No proposal will be accepted from a Contractor who is not
licensed in accordance with the provision of Chapter 9 of Division III of the Business and
Profession Code.
RETURN OF PROPOSAL GUARANTY: The City will return the proposal guarantees
accompanying each of the proposals which are not used in making the award once the
Contract has been finally executed.
AWARD OF CONTRACT: Award of a Contract, if it is awarded, will be based primarily on
the lowest overall cost (total project with additive bids) to the City, and will be made to a
responsible bidder whose proposal complies with all the requirements prescribed.
Preference will be given by the City of Grand Terrace to the lowest responsible bidder
furnishing products made in the continental United States. Where the price of an
acceptable American made product is within 5% of a non-American made product, award
will be made to the domestic manufacturer.
G.8.d
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C-4
Evaluation of the bidder's experience and additional information requested on the form
"INFORMATION REQUIRED OF BIDDERS", bound herein, also will be a determining factor
in arriving at an award. Any such award will be made within 60 calendar days after opening
of the proposals. Unless otherwise indicated, a single award will not be made for less than
all the bid items in an individual bidding schedule. In the event there is more than one
bidding schedule, the City may award schedules individually or in combination. The City
reserves the right to reject any or all bids, to waive any informality in a bid, and to make
awards in the interests of the City.
EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written
Contract with the City on the form of agreement provided, shall secure all insurance and
shall furnish all certificates and bonds required by the Specifications within 10 calendar
days after receipt of the Contract from the City. No Contract shall be binding upon the City
until the City Attorney has approved the Contract execution between the City and
Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to
any of the stipulated requirements in connection therewith shall be just cause for annulment
of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses
or fails to execute the Contract, the City may award the Contract to the second lowest
responsible bidder. If the second lowest responsible bidder refuses or fails to execute the
Contract, the City may award the Contract to the third lowest bidder to execute the Contract;
such bidder's guarantees shall be likewise forfeited to the City.
TIME OF COMPLETION: The Contractor shall be allotted the number of working days as
specified in the Agreement to complete the work to the satisfaction of the City.
G.8.d
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C-5
PROPOSAL
FOR
HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
Bids due no later than 11:00 AM on Friday, April 22, 2022 at the office of the City Clerk.
TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein
called the "CITY".
Pursuant to and in compliance with your Notice to Contractors calling for Bids and other
documents relating thereto, the undersigned bidder, having familiarized himself with the
terms of the Contract, the local conditions affecting the performance of the Contract,
and the cost of the work at the place where the work is to be done, and with the
drawings and specifications and other Contract Documents, hereby proposed and
agrees to perform within the time stipulated, the Contract, including all of its component
parts, and everything required to be performed, and to provide and furnish any and all
applicable taxes, utility and transportation services necessary to perform the Contract
and complete in a workmanlike manner all of the work required in connection with the
project known as: “HVAC PREVENTATIVE MAINTENANCE AND REPAIR
SERVICES”.
All in strict conformity with the specifications and other Contract Documents, including
Addenda No. , and , on
file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE,
CALIFORNIA, 92313, for the sum of:
(SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS)
COMPANY NAME
TITLE
CITY ZIP CODE
TELEPHONE ( )
CONTRACTOR’S LICENSE NO.
DIR REGISTRATION NO.
G.8.d
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C-6
DATE BIDDER’S NAME, ADDRESS & PHONE
CONTRACTOR’S LICENSE NO.
CITY BUSINESS LICENSE NO.
(if available)
CORPORATE SEAL
Corporation incorporated under
the State of
TELEPHONE:
(Area Code)
BY:
Signature
Print or type name
TITLE:
Names and addresses of all members of co-partnership or names and titles of all
officers of the corporation:
G.8.d
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C-7
BID
SCHEDULE
FOR
HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
BIDDER:
(Company Name)
BASE BID: Preventative Maintenance, Inspections and Seasonal Start-Up
ITEM
NO.
DESCRIPTION OF ITEMS
ESTIMATED
QUANTITY
SERVICE
FREQUENCY
UNIT PRICE IN WORDS
UNIT
PRICE
TOTAL
ANNUAL
COST
1 City Hall
22795 Barton Road
6 Units
1 Boiler
1 Pump
Quarterly
2 Air Filter Service 48
Quarterly
3
Automation Service:
Honeywell Web
Interface for five XL
10 Controllers
5
Annual
4 Boiler – Water
Treatment Service 1
Semi-Annual
5 Comprehensive
Evaluation of existing
HVAC system at City
facilities with
recommendations
and estimates (See
Scope of Work General
Services)
1
One Time
TOTAL BASE BID:
(WORDS)
$
(FIGURE)
G.8.d
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C-8
BASIS OF AWARD:
THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER.
THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL BASE BID.
ADDITIONAL WORK
ITEM
NO.
DESCRIPTION OF ITEMS
UNIT
REGULAR TIME
OVERTIME
EMERGENCY
CALL-OUT
1. Labor Hourly Rates
1a. Certified Technician
Hour
1b. Assistant Technician
Hour
TOTAL PERCENTAGE MARK-UP
2. Percentage Mark-Up
on Material / Parts
Each
TOTAL YEARS FOR WARRANTY
3. Warranty
Year
G.8.d
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C-9
ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA and the cost if any,
or such revisions have been included in the TOTAL BID of the Bidding Schedule (s).
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
ADDENDUM NO. , DATED
Name of Bidder
Address
State License No. Telephone No.
By:
Signature
Title
Date the day of ,
G.8.d
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C-10
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name
Business Address
Telephone
State Contractor's License No.
Original Date Issued Expiration Date
The following are the names, titles, addresses, and telephone numbers of all
individuals, firm members, partners, joint ventures, and/or corporate officers having a
principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal, or any firm, corporation, partnership or joint venture
of which any principal having an interest in this proposal was an owner, corporate
officer, partner, or joint venture are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal
having an interest in this proposal are as follows:
G.8.d
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C-11
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names,
title, hands, and seals of all aforenamed principals this day of , 20 .
BIDDER
Subscribed and sworn to this day of , 20 .
NOTARY PUBLIC
G.8.d
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C-12
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials
and equipment from suppliers and vendors as follows:
NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO.,
AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK
Prior to award of contract, Contractor shall submit a list of suppliers and vendors in
writing to the City Engineer.
G.8.d
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C-13
REFERENCES
The Contractor shall list in the spaces provided below, not less than three comparable
contracts which have been completed within the past two years.
Contract
Year(s)
Type of Work Performed
Annual Contract
Amount
Client/Agency
Name
Contact Name/Title
Phone Number
G.8.d
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C-14
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) SS
COUNTY OF )
(NAME),
affiant being first duly sworn, deposes and says:
that he or she is the of
(sole owner, partner, other proper title)
, the party making the foregoing bid and
(Contracting Firm Name)
that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the Bid is genuine and not collusive or
sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in
a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed
with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding;
that the Bidder has not in any manner, directly or indirectly sought by agreement,
communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to
secure any advantage against the public body awarding the Contract of anyone interested in the
proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company associations, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code
Section 7106)
Bidder's Name:
Bidder's Address:
Telephone No.:
(Signature of Bidder) (Title)
G.8.d
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C-15
All signatures must be notarized and securely attached to this form.
FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
, as Principal, and
as Surety, are hereby and firmly bound unto as
Owner in the penal sum of for the payment of
which, will and truly to be made, we hereby jointly and severally bind ourselves, our
heirs, executors, administrator, successors and assigns.
Signed this day of
,2022. The condition of the above obligation is such that whereas the Principal has
submitted to certain Bid, attached hereto and hereby
made a part hereof to enter into a Contract in writing for the HVAC PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES.
NOW, THEREFORE,
a. If said Bid shall be rejected, or in the alternate,
b. If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the Form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a bond for his faithful performance
of said Contract, and shall in all other respects perform the agreement
created by said Bid, then this obligation shall be void, otherwise, the same
shall remain in force and effect; it is expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligation of said
Surety and its bond shall be in no way impaired or affected by any extension of the time
within which the Owner may accept such Bid; and said Surety does hereby waive notice
G.8.d
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C-16
of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals, and such of them as are corporations have caused their corporate seals to
be hereto affixed and these presents to be signed by their proper officers, the day and
year first mentioned.
PRINCIPAL:
BY:
SEAL
G.8.d
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D-1
CONTRACT AGREEMENT
THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this day
of 2022, (“Effective Date”) by and between the CITY OF GRAND TERRACE
(“City”), a public entity, and ., ("Contractor"), a California
Corporation.
1. Scope of Services. Contractor shall perform all the services as described as follows:
a) For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said City, said Contractor agrees with said City to perform and
complete in a workmanlike manner all work required in the Scope of Services,
attached as Exhibit A and incorporated by this reference.
b) The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of
Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect
to the foregoing prior to the opening of bids, are hereby incorporated in and made a part
of this Agreement.
2. Term. This Agreement shall be effective on the date first written above and the Agreement
shall remain in effect for three years unless terminated as provided herein.
3. Compensation/Payment. Contractor shall perform the Services under this Agreement for
the total sum not to exceed _. Payment shall be made in
accordance with City's usual accounting procedures upon receipt and approval of an itemized
invoice setting forth the services performed. The invoices shall be delivered to City at the
address set forth in Section 4, hereof.
4. Notices. Any notices required to be given hereunder shall be in writing and shall be
personally served or given by mail. Any notice given by mail shall be deemed given when
deposited in the United States Mail, certified and postage prepaid, addressed to the party to be
served as follows:
To City To
G.8.d
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D-2
City of Grand Terrace
22795 Barton Rd. Bldg. B
Grand Terrace, CA 92313
5. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the
general prevailing wage rates of per diem wages and overtime and holiday wages determined by
the Director of the Department of Industrial Relations under Section 1720 et seq. of the
California Labor Code and implemented the City Council of the City of Grand Terrace. The
Director’s determination is on file and open to inspection in the office of the City Clerk and is
referred to and made a part hereof; the wage rates therein ascertained, determined, and specified
are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed to administer this
Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Contractor shall exercise the
reasonable care and skill customarily exercised by reputable members of Contractors in the
Metropolitan Southern California Area, and shall use reasonable diligence and best judgment
while exercising its skill and expertise.
8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall
be responsible for their performance and compensation. Contractor recognizes that the
qualifications and experience of the personnel to be used are vital to Contractor and timely
completion of the Services.
9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or
obligation in or under this Agreement to any other entity without prior written consent of the
other party. In any event, no assignment shall be made unless the assignee expressly assumes the
obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor
shall not subcontract any portion of the work required by this Agreement without prior written
approval by the responsible City’s Contract Administrator. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement, including without
limitation, the insurance obligations set forth in Section 13. Contractor acknowledges that any
transfer of rights may require City Manager and/or City Council approval.
10. Independent Contractor. In the performance of this Agreement, Contractor and his
employees, subcontractors and agents, shall act in an independent capacity as independent
contractors, and not as officers or employees of the City or the City of Grand Terrace.
Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or
federal taxes or to provide workers’ compensation or unemployment insurance to Contractor to
Contractors employees, subcontractors and agents. Contractor as an independent contractor shall
be responsible for any and all taxes that apply to Contractor as an employer.
11. PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System
(“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
G.8.d
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D-3
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
12 Indemnifications.
12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City,
Contractor shall defend, indemnify and hold the City, and its officers, employees and
agents, harmless from any and all loss, damage, claim for damage, liability, expense or
cost, including attorneys’ fees, which arises out of or is in any way connected with the
performance of work under this Agreement by Contractor or any of the Contractor's
employees, agents or subcontractors and from all claims by Contractor's employees,
subcontractors and agents for compensation for services rendered to in the performance
of this Agreement, notwithstanding that the City may have benefitted from their services.
This indemnification provision shall apply to any acts or omissions, willful misconduct or
negligent conduct, whether active or passive, on the part of Contractor or of Contractor's
employees, subcontractors or agents.
12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees,
costs or expense that the City incurs or makes to or on behalf of an injured employee
under the City’s self-administered workers' compensation is included as a loss, expense
or cost for the purposes of this Section, and that this Section shall survive the expiration
or early termination of the Agreement.
13. Insurance.
13.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor
shall provide satisfactory evidence of, and shall thereafter maintain during the term of
this Agreement, such insurance policies and coverage’s in the types, limits, forms and
ratings required herein. The rating and required insurance policies and coverage’s may be
modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless
such modification is prohibited by law.
13.1.1 Limitations. These minimum amounts of coverage shall not constitute any
limitation or cap on Contractor’s indemnification obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as
required by this Agreement shall be deemed inadequate and a material breach of this
Agreement, unless such policy or coverage is issued by insurance companies
authorized to transact insurance business in the State of California with a policy
holder’s rating of A- or higher and a Financial Class of VII or higher.
13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior
written notification of intended cancellation has been given to City by certified or
registered mail, postage prepaid.
13.1.4 Adequacy. The City, its officers, employees and agents make no
representation that the types or limits of insurance specified to be carried by
G.8.d
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D-4
Contractor pursuant to this Agreement are adequate to protect. If Contractor believes
that any required insurance coverage is inadequate, Contractor will obtain such
additional insurance coverage as deems adequate, at Contractor's sole expense.
13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that
Contractor is aware of and will comply with Section 3700 of the Labor Code of the State
of California requiring every employer to be insured against liability for workers’
compensation, or to undertake self-insurance before commencing any of the work.
Contractor shall carry the insurance or provide for self-insurance required by California
law to protect said Contractor from claims under the Workers’ Compensation Act. Prior
to City's execution of this Agreement, Contractor shall file with City either (1) a
certificate of insurance showing that such insurance is in effect, or that Contractor is self-
insured for such coverage, or (2) a certified statement that Contractor has no employees,
and acknowledging that if Contractor does employ any person, the necessary certificate
of insurance will immediately be filed with City. Any certificate filed with City shall
provide that City will be given ten (10) days prior written notice before modification or
cancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Prior to City's
execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during
the term of this Agreement, commercial general liability insurance and automobile
liability insurance as required to insure against damages for personal injury, including
accidental death, as well as from claims for property damage, which may arise from or
which may concern operations by anyone directly or indirectly employed by, connected
with, or acting for or on behalf of Contractor. The City and the City, and its officers,
employees and agents, shall be named as additional insured’s under the Contractor’s
insurance policies.
13.3.1 Contractor’s commercial general liability insurance policy shall cover both
bodily injury (including death) and property damage (including, but not limited to,
premises operations liability, products-completed operations liability, independent ’s
liability, personal injury liability, and contractual liability) in an amount not less than
$1,000,000 per occurrence and a general aggregate limit in the amount of not less
than $2,000,000.
13.3.2 Contractors automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an
aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or
commercial general liability insurance policies shall cover all vehicles used in
connection with Contractor’s performance of this Agreement, which vehicles shall
include, but are not limited to, owned vehicles, leased vehicles, Contractor’s
employee vehicles, non-owned vehicles and hired vehicles.
13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage
required by this Agreement, for both commercial general and automobile liability
insurance, shall be filed with City and shall include the City and its officers,
employees and agents, as additional insured’s. Said policies shall be in the usual
form of commercial general and automobile liability insurance policies, but shall
include the following provisions:
It is agreed that the City of Grand Terrace and its officers, employees and agents,
are added as additional insures under this policy, solely for work done by and on
G.8.d
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D-5
behalf of the named insured for the City of Grand Terrace.
13.4 Subcontractors’ Insurance. Contractor shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that
may be caused by the subcontractors’ scope of work and activities provided in
furtherance of this Agreement, including, but without limitation, the following
coverage’s: Workers Compensation, Commercial General Liability, Errors and
Omissions, and Automobile liability. Upon City’s request, Contractor shall provide City
with satisfactory evidence that Subcontractors have obtained insurance policies and
coverage’s required by this section.
14. Business Tax. Contractor understands that the Services performed under this Agreement
constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor
will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal
Code and keep such tax certificate current during the term of this Agreement.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. City's Right to Employ Other. City reserves the right to employ other in connection with
the Services.
17. Solicitation. Contractor warrants that they have not employed or retained any person or
City to solicit or secure this Agreement, nor has it entered into any agreement or understanding
for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement.
For breach of this warranty, City shall have the right to terminate this Agreement without
liability and pay only for the value of work has actually performed, or, in its sole discretion, to
deduct from the Agreement price or otherwise recover from Contractor the full amount of such
commission, percentage, brokerage or commission fee. The remedies specified in this section
shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
18. General Compliance with Laws. Contractor shall keep fully informed of federal, state and
local laws and ordinances and regulations which in any manner affect those employed by
Professional, or in any way affect the performance of services by Contractor pursuant to this
Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and
regulations, and shall be solely responsible for any failure to comply with all applicable laws,
ordinances and regulations.
19. Amendments. This Agreement may be modified or amended only by a written Agreement
and/or change order executed by the Contractor and the City.
20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any
or all of the services and work covered by this Agreement at any time, with or without cause. In
the event of such termination, Contractor may submit s final written statement of the amount
of Contractor's services as of the date of such termination based upon the ratio that the work
completed bears to the total work required to make the report complete, subject to the
City’s rights under Sections 16 and 21 hereof. In ascertaining the work actually rendered
through the termination date, City shall consider completed work, work in progress and complete
and incomplete reports and other documents only after delivered to City.
G.8.d
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D-6
20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written
notice prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to
Contractor, in the event:
20.2.1 Contractor substantially fails to perform or materially breaches the Agreement;
or
20.2.2 City decides to abandon or postpone the Services.
21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or
penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe
to the City, City reserves the right to withhold and offset said amounts from payments or refunds
or reimbursements owed by City to Contractor. Notice of such withholding and offset shall
promptly be given to by City in writing. In the event of a dispute as to the amount owed or
whether such amount is owed to the City, City will hold such disputed amount until either the
appropriate appeal process has been completed or until the dispute has been resolved.
22. Successors and Assigns. This Agreement shall be binding upon City and its successors
and assigns, and upon Contractor and its permitted successors and assigns, and shall not be
assigned by, Contractor either in whole or in part, except as otherwise provided in paragraph 9 of
this Agreement.
23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall
be governed by and construed in accordance with laws of the State of California. Prior to
commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising
out of the Agreement shall first be submitted to an alternative dispute resolution process as set
forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto
for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a
court of competent jurisdiction in the County of San Bernardino, State of California, and the
parties hereby waive all provisions of law providing for a change of venue in such proceedings to
any other county. In the event either party hereto shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any term or condition
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all
costs thereof, including reasonable attorneys' fees, to be set by the court in such action.
24. Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising
out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other
and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If
they do not reach settlement within a period of 60 days, the matter shall be submitted to an
alternative dispute resolution process, either nonbinding arbitration or mediation, (“Process”) by
written notice from either party to the other. The parties shall meet and confer in good faith and
select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected
Process shall be completed no later than 120 days (“Process Period”) after tender of the
aforementioned written notice, unless the Parties mutually agree to an extension of the Process
Period. If the matter is not successfully resolved by the selected Process, within the Process
Period, the parties are free to commence litigation in a court of competent jurisdiction as defined
in Section 23 herein. Any litigation commenced without both parties’ consent prior to the end
of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties
further agree to equally bear the cost of the Process.
G.8.d
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D-7
25. Nondiscrimination. During Contractor’s performance of this Agreement, Contractor shall
not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status,
sex, or sexual orientation, in the selection and retention of employees and subcontractors and the
procurement of materials and equipment, except as provided in Section 12940 of the California
Government Code. Further, Contractor agrees to conform to the requirements of the Americans
with Disabilities Act in the performance of this Agreement.
26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in
part, of this Agreement shall be considered severable. In the event any provision, term,
condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared
invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed
from this Agreement and shall not affect any other provision, term, condition, covenant and/or
restriction of this Agreement, and the remainder of the Agreement shall continue in full force and
effect.
27. Authority: The individuals executing this Agreement and the instruments referenced herein
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions hereof and thereof.
28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement
of the terms of the agreement between the parties pertaining to the subject matter of this
Agreement, and supersedes all prior and contemporaneous understandings or agreements of the
parties. Neither party has been induced to enter into this Agreement by, nor is neither party
relying on, any representation or warranty outside those expressly set forth in this Agreement.
29. Interpretation. City and Contractor acknowledge and agree that this Agreement is the
product of mutual arms-length negotiations and accordingly, the rule of construction, which
provides that the ambiguities in a document shall be construed against the drafter of that
document, shall have no application to the interpretation and enforcement of this Agreement.
29.1 Titles and captions are for convenience of reference only and do not define,
describe or limit the scope or the intent of the Agreement or any of its terms. References
to section numbers are to sections in the Agreement unless expressly stated otherwise.
29.2 This Agreement shall be governed by and construed in accordance with the laws
of the State of California in effect at the time of the execution of this Agreement.
G.8.d
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D-8
IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly
executed the day and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By: _
Konrad Bolowich
City Manager
Attest:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian Guerra
City Attorney
By: _
[Printed Name]
G.8.d
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HVAC MAINTENANCE SERVICES
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code,
Section 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the
work of this Contract.
DATE: (Contractor)
(By)
D-10
G.8.d
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HVAC MAINTENANCE SERVICES
EXHIBIT A
HVAC PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
SCOPE OF S ERVICES
The City of Grand Terrace seeks to retain a contractor for a period of three (3) years to
provide heater, ventilation, and air conditioning (HVAC) preventative maintenance and
repair services. All work shall be done in accordance with federal, state and local
codes and regulations. The scope of services includes, but is not limited to, the
following:
Service Locations:
City Hall: 22795 Barton Road, Grand Terrace, CA 92313
General Services
• Provide a comprehensive evaluation of the existing HVAC System at
City facilities and provide detailed report that includes assessment of the
current condition of the system and its various components as well as
recommendations for repair or replacement of equipment with an
estimate of cost (See Item 7 of Bid Schedule)
• Provide preventative maintenance services (refer to Sample
Preventative Maintenance Program) for each City facility with annual
cost
• Provide maximum warranty for existing equipment and/or
replacement equipment
• Provide hourly rates for service call-outs (outside of routine
maintenance schedule)
A. Equipment
• Equipment covered by this specification includes electro-mechanical
systems, HVAC, boiler, water heaters, pumps, controls, roof-mounted
components, mechanical room devices, and related critical component
functions, materials, parts and operations. (Please refer to the Equipment
List included in this Scope of Services).
B. Maintenance Service
• Contractor must utilize computer generated preventative maintenance task
scheduling to ensure timely and uniform maintenance on all equipment. The
computer shall use the building’s run time, the equipment’s run time, the
equipment manufacturer’s recommendations and the Contractor’s
maintenance experience to generate the required maintenance tasks and
the required frequency of task performance.
• Contractor shall schedule a technician to perform HVAC preventative
maintenance service on all equipment at a frequency adequate to meet
the required level of service, but no less than quarterly (refer to the
Equipment List and Sample Preventative Maintenance Service Plan for
further details)
G.8.d
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HVAC MAINTENANCE SERVICES
• The City shall be provided with a copy of the computer
generated preventative maintenance task schedule by the
Contractor
• Upon completion of each service call, Contractor shall provide a
service report to the Public Works Director or his designee for
signature.
• The details from the completed service report shall be entered into
the computer database by the Contractor. This will ensure
performance control and continuous program updating.
• On a semi-annual basis, the Contractor shall supply the City with a copy
of the computer database.
C. Automation Service
• Contractor shall maintain set-up and configuration of Honeywell Web Vision
1.0.35 interface with five XL10 Controllers for air conditioning control
capabilities at City Hall
• Contractor shall check connection between web interface activated
temperature sensors and the five XL10 Controllers annually
• Contractor shall trouble shoot and repair XL10 Controllers and field devices if
air conditioning control system is not functioning properly
D. Repair or replacement of parts, components and devices
• All parts, components or devices that are worn or not in optimal functional
condition shall be repaired, or at the City’s option, replaced with new parts,
components or devices. When parts, components or devices are replaced in
their entirety and a new design is available and is functionally equivalent
and compatible, the parts, components or device of the newer design shall
be used as the replacements.
• Warranty shall be provided for replacement parts, components or devices
E. Air Filter Services
• Contractor will furnish and install air filters appropriate for the design
condition of the City’s ventilation systems. Air filter media for the fan system
units listed under the Equipment List in this Scope of Services will be
replaced no less than quarterly.
F. Additional Services
• Additional services outside the existing scope of work, for HVAC
maintenance and repairs may be required, for example, the installation of
additional HVAC units. The City may request an itemized quote for
additional work, said quote shall include any and all additional parts and/or
labor necessary to complete the additional work.
G. Water Analysis and Treatment Services
• Contractor shall provide a treatment program for the control of scale,
corrosion, and biological fouling.
• Contractor shall perform water analysis of both chilled and hot water
systems. The analysis shall be performed once in the spring (chilled water
system) and once in the fall (hot water system). The results of the
analysis shall be used to determine any required additions to the water
treatment chemicals.
G.8.d
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HVAC MAINTENANCE SERVICES
• On systems requiring continuous analysis, the Contractor shall install an
electronic monitoring system that will automate the water analysis
process, and adjust chemical feed and bleed interval automatically.
• Contractor will provide and maintain all monitoring equipment, and will
supply biodegradable chemicals necessary to maintain proper water
treatment.
H. Air Quality
• HVAC System must not aggravate any “indoor air pollution” in the building
• System should provide a minimum of 25 percent makeup fresh air to
avoid the “Sick Building Syndrome”
• Contractor shall conduct semi-annual random measurements of air flows
to ensure that the proper level of air flows and the proper air circulations
are maintained.
• During the course of preventative maintenance service the Contractor shall
identify and report any potential microbiological growth sites or reservoirs.
Potential problem areas can include, but are not limited to, drain pans with
stagnant water, wet insulations, and wet acoustic ceiling tiles and possible
outdoor contamination sources.
• To minimize the potential for microbiological growth, the Contractor shall
apply disinfectant to the replacement air filter elements prior to their
installation. The disinfectant must be non-toxic and must be approved by
the City prior to application.
I. Emergency Service
• The Contractor shall provide emergency services on an as-needed
basis. Emergency service shall be available on a 24/7 basis, weekends
and holidays included.
• The Contractor shall provide the City with an after-hours emergency
telephone number.
• The Contractor shall be capable of responding to an emergency situation
within two (2) hours of notification of a HVAC system problem by the City.
• The responding technicians must be trained on the City’s HVAC systems
and their operations.
• All labor, overtime, parts, supplies and any other expenses incurred on an
emergency service call shall be invoiced separately by the Contractor.
INSPECTIONS
The City reserves the right to conduct inspections to confirm that the proper levels of
preventative maintenance service are performed on the HVAC equipment. If the City finds
the preventative maintenance service fails to meet expectations, the City will notify the
Contractor in writing. Contractor shall promptly correct any deficiencies within 3 business
days. Failure to correct such deficiencies will be considered a breach of the Contract.
PERFORMANCE REVIEW
A review of the services provided within this Agreement will be performed by the Contractor
on an annual basis. The Contractor and the Public Works Director will discuss work
performed since the last review, answer questions pertaining to Service delivery, and
identify opportunities to further improve performance of the City’s HVAC equipment.
G.8.d
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HVAC MAINTENANCE SERVICES
CITY RESPONSIBILITIES
The City will provide a reasonable means of access to the HVAC equipment.
CONTRACTOR RESPONSIBILITIES
• The Contractor shall supply ALL necessary equipment, tools, instrumentation and
labor to perform the HVAC preventative maintenance service as described herein
• The Contractor shall be responsible for repairs of damages incurred during the
performance of the preventative maintenance service
• The Contractor shall provide a service report, which must include a copy of the
check-off lists and/or work sheets used by the technician
• The Contractor shall be responsible for supplying any consumable materials such
as filters, belts and water treatment chemicals and invoiced separately, at cost,
unless otherwise informed by the City
G.8.d
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HVAC MAINTENANCE SERVICES
EQUIPMENT LIST:
QUANTITY LOCATION DESCRIPTION SIZE MODEL
1 Library Roof Package Unit 10 Tons Carrier
1 Meeting Room/
Roof
Package Unit 10 Tons Carrier
1 Council
Chambers/Roof
Package Unit 5 Tons Carrier
1 Civic Center Package Unit 5 Tons Carrier
1 Civic Center Package Unit 5 Tons Carrier
1 Admin/Roof Package Unit 40 Tons Carrier
AIR FILTER SERVICES
Fan System Unit Quantity Size Type Changes Per Year
All covered systems 48 Ave. 20-25-2 Pleated 4
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SAMPLE PREVENTATIVE MAINTENANCE SERVICE
A. AIR COMPRESSORS AND REFRIGERATED AIR DRYERS
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections and check contact points
5. Check operating voltages and currents
6. Lubricate bearings
7. Check motor mounts and belt tension
8. Align and tighten belts
9. Check couplings and drives for wear and alignment
10. Check and clean air intake filter
11. Check rotation
12. Check oil level and pressure
13. Check head pressure
14. Check suction pressure
15. Check head bolts and anchor bolts
16. Check refrigerant charge
17. Drain tank and check automatic tank drain
18. Inspect compressed air system for clean dry air supply
19. Check crank case heater
B. CONDENSING UNITS
1. Inspect and test electrical
2. Sequence test all controls and adjust as needed
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections and check contact points
5. Check operating voltages and currents
6. Lubricate all motors, pumps and fan bearings
7. Check pump seal
8. Check spray nozzles and adjust when required
9. Check water strainer
10. Check pump strainer and clean when required
11. Check float control and adjust when required
12. Check drip pan and drain connections
13. Check bleeder line and adjust when required
14. Check water valve setting
15. Check receiver levels
16. Pump down system as required
17. Check bearings for end play, temperature and wear
18. Check motor mounts and belt tension, adjust when required
19. Check fan wheels and blades for dirt accumulation, clearance,
rotation, and balance
20. Check for visible refrigerant leaks
21. Check temperature rise across coil
22. Check sub-cooling leaving condenser
23. Check oil levels
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24. Check condition of coil surface and fins
25. Wash coils with water where possible
26. Check air intake screen
C. AIR DRYER
1. Check automatic traps
2. Clean and lubricate traps as required
3. Clean condenser tubes and cover grills
4. Check expansion valve and refrigerant charge
D. AIR COOLED CONDENSER
1. Clean heat exchanger surface as required
2. Examine surface for corrosion
3. Adjust automatic controls
4. Check air intake screen
5. Check for refrigerant leaks
6. Check condenser for blade and housing clearance
7. Lubricate condenser fan motors and bearings as required
8. Check and adjust condenser fan belt tension as required
9. Check operation of pressure and temperature controls
10. Check condenser screws and bolts for tightness
11. Check condenser fan amperage and voltage
12. Scrape, clean and repair rust spots as required
13. Check coils for dirt and wash coils with water where possible
E. RECIPROCATING COMPRESSORS
1. Check suction pressure with compressor under load
2. Check discharge pressure with compressor under load
3. Check oil pressure
4. Check compressor amperage and voltage
5. Check evaporator fan amperage
6. Check condenser fan amperage
7. Check and record oil level
8. Check pump amperage
9. Check oil for acid
10. Check refrigerant level
11. Check refrigerant system for leaks
12. Check operation of oil safety
13. Check operation of high pressure cut-out
14. Check operation of other safeties
15. Check and adjust all operating controls as required
16. Check all wiring, tighten all terminals and check contacts
17. Check condenser temperature differential (Delta “T”)
18. Check and adjust V-belts as required
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F. FAN COILS
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and tighten electrical connections and check contact points
4. Check operating currents
5. Lubricate bearings
6. Check bearings for end play, temperature and wear
7. Check motor mounts, belt tension and condition
8. Check fan wheels for dirt accumulation, clearance, rotation, and
balance
9. Check drives for wear and alignment
10. Check for visible refrigerant leaks
11. Check temperature drop across evaporator coil
12. Check TXV bulb location, strapping, and insulation
13. Check condition of coil surfaces and fins
14. Check condensate pans and drains
15. Check ice patterns
16. Check defrost controls
17. Change air filters as needed
G. FURNACES (GAS OR ELECTRIC)
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections and check contact points
5. Check combustion
6. Check gas train controls, burners and pilot including pilot safety
device
7. Clean pilot
8. Check automatic gas valve
9. Lubricate bearings
10. Check bearings for end play, temperature and wear
11. Check motor mounts, belt tension and condition
12. Check fan wheels and blades for dirt accumulation, clearance,
rotation, and balance
13. Check fan limit control
14. Check drives for wear and alignment.
15. Check temperature delta
16. Change air filters as needed
17. Check Flue connection, restriction and operation
18. Test ignition control system
H. AIR HANDLERS
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check starter
5. Check and tighten electrical connections, and check contact points
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6. Check operating voltages and currents
7. Lubricate bearings
8. Check motor pulley and belts for security, alignment and wear
9. Check bearings for end play, temperature and wear
10. Check motor mounts, belt tension and condition
11. Check fan wheels and blades for dirt accumulation, clearance,
rotation, balance and vibration
12. Check wire and conduit for condition from motor to starter
13. Check for visible leaks
14. Check condition of coil surfaces and fins
15. Check condensate pans and drains
16. Change air filters as required
17. Check fan and motor alignment
18. Check motor for excessive heat and noise
19. Check rotation of motor
I. HEAT PUMP PACKAGE UNITS
1. Inspect and test electrical disconnect
2. Sequence test all controls
3. Check and calibrate safety controls and limits
4. Check and tighten electrical connections, and check contact points
5. Check operating voltages and currents
6. Lubricate bearings
7. Check bearings for end play, temperature and wear
8. Check motor mounts, belt tension and condition
9. Check fan wheels and blades for dirt accumulation, clearance,
rotation and balance
10. Check couplings and drive for wear and alignment
11. Check for visible refrigerant leaks
12. Check temperature drop across evaporator coil
13. Check TXV bulb location, strapping, and insulation
14. Check crankcase heater
15. Check condition of coil surfaces and fins
16. Check condensate pans and drains
17. Test operation of reversing valve
18. Change air filters as needed
J. PUMPS
1. Inspect and test electrical disconnect
2. Check and tighten electrical connections, contacts and motor
overloads
3. Check operating voltages and currents
4. Lubricate bearings
5. Check bearings for end play, temperature and wear
6. Check motor mounts
7. Check couplings and drives for wear and alignment
8. Check seal for visible leaks
9. Check differential pressure
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K. PACKAGED AIR CONDITIONING UNITS
1. Check compressor oil pressure and level
2. Check refrigerant sight glass and perform leak test
3. Check and clean air cooled condenser coil
4. Check condenser fan and motor bearings - Lubricate as required
5. Check supply fan motor bearings - Lubricate as required
6. Check drain pan - Drain and clean as required
7. Clean coils and inlet screen as required
8. Change air filter as required
9. Clean and lubricate all damper bearings and linkage
10. Check all wiring and connections
11. Check for proper operation of gas furnace section - Perform gas
furnace inspections as required
12. Check, adjust and calibrate all temperature controls
13. Clean, paint and repair corroded and rust spots as required
L. FANS AND BLOWERS
1) Inspect and test electrical disconnect.
2) Check and tighten electrical connections, and check contact points.
3) Check operating voltage and currents.
4) Check sheave condition
5) Lubricate bearings and all moving parts
6) Check bearings for end play, temperature and wear
7) Check motor mounts, belt tension and condition
8) Adjust tension on all belt drives
9) Check wheels and blades for dirt accumulation, clearance, rotation, and
balance
10) Check couplings and drives for wear and alignment
M. WATER TREATMENT
1) Check and report water treatment status including scale
2) Examine, test and adjust all water treatment devices
3) Perform periodic water analysis
4) Install and maintain electronic monitoring system on systems requiring
continuous analysis
5) Clean and adjust water treatment equipment
N. BOILERS
1) Check combustion
2) Check and clean pilot
3) Check fan limit control
4) Check pilot safety device
5) Check low water cut off
6) Check automatic water feeder
7) Check water strainer
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8) Check water pressure regulator
9) Check relief valve
10) Drain and recharge expansion tank
11) Slow down boiler and controls
12) Check automatic gas valve
13) Check boiler control settings
14) Check steam valves and traps, adjust controls as required
O. DAMPERS (AUTOMATIC OR MANUAL)
1) Check and adjust for correct operation
2) Check all linkage and adjust where necessary
3) Check fire dampers for flexible links
P. ECONOMIZERS
1) Lubricate damper linkages
2) Check condition of actuators
3) Check motor
Q. MOTORS AND MOTOR CONTROLS
1) Clean oil and/or grease
2) Check for overload under full operation
3) Check contactors and clean as necessary
4) Check time clock for proper settings
5) Check and adjust operation of all electric or pneumatic controls
6) Check motor speeds
7) Check amperage draws
8) Check voltages
9) Secure motor mounts
10) Check bearings
R. CONTROLS – ELECTRIC/PNEUMATIC
1) Check thermostat contacts
2) Check starter contacts
3) Check damper motors/actuators
4) Check refrigerator air dryer
5) Check air controls and filters
6) Check air compressor intake and air filter
7) Check air compressor oil
8) Check air compressor belt
9) Lubricate air compressor motor
10) Spot check stats for calibration
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S. REFRIGERATION SYSTEMS
1) Check for proper operation of purger
2) Check accumulator and intercooler level
3) Check high and control pressure receiver levels
4) Check oil stills, drain as necessary
5) Check coils for ice patterns and fan operation
6) Walk the plant and inspect for signs of leaks
T. CHILLERS
1) Check flow switch operation
2) Check refrigerant charges and oil levels
3) Check glycol concentration
4) Check pressure differential
5) Check temperature differential
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AGENDA REPORT
MEETING DATE: May 10, 2022 Council Item
TITLE: Consideration of Commercial Cannabis Regulations
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Discuss and provide direction to staff on establishment of a
potential commercial cannabis regulatory program, including
what types of cannabis activities to permit (if any).
2030 VISION STATEMENT:
This staff report supports City Council Goal #5, “Engage in Proactive Communication”
by allowing community input on potential establishment of a commercial cannabis
regulatory program.
BACKGROUND:
Currently, the City prohibits all commercial cannabis activities per Chapter 18.91 of the
Municipal Code. Only indoor personal cultivation of up to six plants at a time at a private
residence (by persons 21+) is allowed, as this is a right provided by state law.
This staff report provides general background information for the Council to consider in
determining whether it would be in the best interest of the City to amend the Municipal
Code to replace its general prohibition on commercial cannabis activities with new
regulations that would permit some or all types of commercial cannabis activities.
DISCUSSION:
I. Evolution of California Cannabis Law
In 1996, California voters approved Proposition 215, the Compassionate Use Act
(codified at Health and Safety Code § 11362.5) to ensure that seriously ill Californians
have the right to obtain and use cannabis for medical purposes without fear of criminal
prosecution under limited, specified circumstances.
In 2004, the State Legislature enacted SB 420, the Medical Marijuana Program Act
(codified at Health and Safety Code section 11362.7 et seq.), to clarify the scope of the
Compassionate Use Act, provide additional statutory guidance regarding medical
cannabis use, and allow cities and counties to adopt supplemental rules and
regulations.
In 2015, the Governor signed the Medical Marijuana Regulation and Safety Act
(“MMRSA”), creating a comprehensive state licensing system for the commercial
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cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of
medical cannabis, all subject to local control. One of the purposes of MMRSA was to
ensure uniformity among jurisdictions that wished to allow commercial cannabis
operations. MMRSA’s name was changed to the Medical Cannabis Regulation and
Safety Act (“MCRSA”) in 2016.
Proposition 64, the Adult Use of Marijuana Act (“AUMA”) was approved by California
voters at the November 2016 election. The purpose of AUMA was to establish a
comprehensive system to legalize, control and regulate the cultivation, processing,
manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis
products. Under AUMA, adults, age 21 and older, are legally entitled to possess and
grow certain amounts of cannabis at home for personal use.
On June 27, 2017, the Governor signed SB 94, the Medicinal and Adult-Use Cannabis
Regulation and Safety Act (“MAUCRSA”), effectively repealing MCRSA and merging
certain provisions of MCRSA into the provisions of AUMA to create a comprehensive
state law licensing and regulatory framework applicable to all types of commercial
cannabis activities. MAUCRSA preserves the dual licensing scheme applicable to
commercial cannabis uses, requiring all cannabis businesses to have a required state
license applicable to the commercial cannabis activities in which they engage, and also
authorizing cities to adopt their own ordinances permitting, regulating and/or prohibiting
the various types of commercial cannabis uses and activities. Under MAUCRSA,
cannabis businesses are required to comply with local ordinances and obtain any
required local permits in addition to complying with state regulations to obtain the
required state licenses. Local agencies retain the right to prohibit all commercial
cannabis activities, as Grand Terrace did via adoption of Ordinance No. 299 in 2016.
Under MAUCRSA, three state licensing authorities, the Bureau of Cannabis Control, the
Department of Food and Agriculture, and the Department of Public Health, were
empowered to issue state licenses authorizing the various types of commercial
cannabis uses, and to promulgate regulations applicable to the state licensing process.
All three state licensing authorities promulgated regulations and began issuing state
licenses around 2017-2018. In 2021, the three state licensing authorities were merged
into one centralized agency for all state cannabis regulation, the newly-created
Department of Cannabis Control (“DCC”). The separate regulations of each for the three
former licensing authorities were also merged into one consolidated set of State
licensing regulations administered and enforced by the DCC, codified as Division 19 of
Title 4 of the California Code of Regulations. Additional modifications are currently being
proposed by the DCC to streamline and strengthen the regulatory framework.
II. Status of Federal Cannabis Law
Despite legalization in California, cannabis remains illegal under federal law as a
Schedule 1 Controlled Substance. Federal law prevails over state law where the two
conflict. However, U.S. Attorney General Merrick Garland has made it clear that the
U.S. Department of Justice (DOJ) does not consider enforcement of the federal
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Controlled Substances Act against cannabis in states which have legalized it a priority
of the DOJ or an efficient use of the DOJ’s resources, although prior Attorney General
guidance establishing a more formal policy of non-prosecution against state-legal
cannabis that been rescinded during the Trump administration has not been reinstated.
Additionally, federal budget legislation originally known as the Rohrabacher-Farr
Amendment, prohibiting the DOJ from spending funds to interfere with the
implementation of state medical cannabis laws, was originally passed in 2014, has been
continually renewed since that time, and most recently has been renewed such that it
will remain in effect until through at least September 30, 2022.
III. State and Federal Regulation of Hemp
Prior to 2018, hemp was not recognized as legally distinct from cannabis, and therefore
was considered a Schedule 1 controlled substance under federal law. However, under
the Federal Agriculture Improvement Act of 2018, also known as the Farm Bill, “hemp”
was removed from Schedule 1 controlled substance status by excluding it from the
definition of “cannabis” in the Controlled Substances Act, thereby essentially legalizing
the production of “hemp” federally, and a shared state-federal regulatory framework was
established over hemp cultivation and production.
“Hemp” is defined under the Farm Bill to include any cannabis plant, or derivative
thereof, that contains not more than 0.3 percent delta-9 tetrahydrocannabinol (“THC”)
on a dry-weight basis. THC is the compound in the cannabis plant most commonly
associated with getting a person high. Thus, although “hemp” and “cannabis” both come
from the cannabis plant, “hemp” cannot contain more than 0.3 percent THC (and thus
cannot get a person high); if it does, it is instead considered “cannabis,” which is
unlawful under federal law.
California law, MAUCRSA, defines “cannabis” as: “all parts of the plant Cannabis sativa
Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds
thereof; the resin, whether crude or purified, extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or resin. ‘Cannabis’ also means the separated resin, whether crude or purified,
obtained from cannabis. ‘Cannabis’ does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination. For the purpose of this division, ‘cannabis’ does
not mean ‘industrial hemp’ as defined by Section 11018.5 of the Health and Safety
Code.” Thus, hemp is also excluded from the definition of cannabis under state law.
California enacted its Industrial Hemp Farming Act, purporting to legalize hemp
production, even prior to passage of the Farm Bill. The Act was passed in 2013 and
took effect January 1, 2017 under AUMA. Regulations (codified at Code of Cal.
Regulations, Title 3, Sections 4900 et seq.) were subsequently promulgated pursuant to
the Hemp Farming Act in 2019, 2020 and 2021 pertaining to registration, regulation and
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enforcement of industrial hemp cultivators and crops.
The federal 2018 Farm Bill’s legalization of the production of hemp also extends to
hemp-derived cannabidiol (CBD) products. CBD is another chemical that occurs
naturally in the cannabis plant, but that is distinct from (and does not contain) THC.
CBD can be extracted from hemp or cannabis into an oil or other concentrate and then
infused into other products including food, beverages, and dietary supplements. CBD
that is derived purely from “hemp” is not considered a “cannabis” product and therefore
is not unlawful federally, whereas CBD that is derived from “cannabis” is considered a
“cannabis” product and is unlawful federally.
Although the Farm Bill legalizes the production of hemp, and by extension the
production of hemp-derived CBD, it does not regulate processed hemp-derived CBD
products, such as CBD-infused food and dietary supplements. Rather, the law
preserved FDA’s authority to regulate processed hemp products under the Federal
Food, Drug, and Cosmetic Act. The FDA has issued guidance prohibiting CBD-infused
food, beverages, and dietary supplements sold in interstate commerce.
However, in 2021, the State of California passed Assembly Bill 45, which, among other
things, allows hemp-derived CBD to be included in any food, beverages, and dietary
supplements sold in California. This new law flies in the face of the FDA guidance
issued under the Farm Bill, again creating a situation where California has purported to
legalize something that remains illegal federally. However, it is possible that the FDA
will soon change its guidance to allow such products consistent with state law.
It should be noted that state law does not provide the same type of dual licensing
scheme applicable to hemp as it does for cannabis. As such, cities may not have the
same degree of independent regulatory authority over hemp, and hemp regulations are
generally not included in cities’ cannabis ordinances. Note also that state cannabis laws
and regulations exclude hemp, and state cannabis licensees, which are generally
limited in the types of products they can sell to cannabis goods, products, and
accessories and licensees’ branded merchandise, are NOT licensed to deal in hemp.
IV. Potential City Commercial Cannabis Regulations
A. Regulatory Authority
The City retains full regulatory and land use authority over commercial cannabis uses
amd activities pursuant to its police power, allowing it a wide range of options for a
potential cannabis ordinance amendment, should the City Council see fit to pursue one.
Some key considerations include the following:
• Selecting the zones in which to permit commercial cannabis land uses (or certain
types of them). The City could also create an overlay zoning designation and
provide that commercial cannabis uses may only be only permitted within the
overlay zone.
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• The City may also establish buffers around sensitive uses, in which areas
commercial cannabis activities would be prohibited even if otherwise
permitted in the subject zone. The default buffers provided in state law for
state licensees are 600 feet from an existing school, daycare center, or youth
center, unless the DCC or a local jurisdiction specifies a different radius.
Accordingly, the City could specify a higher or lower radius requirement and
could establish different or additional sensitive uses that are subject to the
buffer requirement.
• Determining which types of commercial cannabis activities to permit. The
simplest way to make distinctions as to which types of commercial cannabis
activities to permit is to follow the delineations of the state commercial cannabis
license types under state regulations, as follows (discussed in more detail in the
attached powerpoint presentation): (i) Retailers (including delivery); (ii)
Distributors; (iii) Manufacturers; (iv) Cultivators; (v) Testing Laboratories; (vi)
Microbusinesses; and (vii) Cannabis Events. The City can select which of these
types of cannabis businesses it wishes to permit and which to prohibit.
• Establishing a regulatory permit requirement for the types of commercial
cannabis activities that may be permitted.
• Alternatively, the City could require a land use entitlement such as a
conditional use permit. However, requiring a regulatory permit as opposed to
a conditional use permit has the advantage that the granting of the regulatory
permit does not constitute a vested right and that the regulatory permit may
be revoked without a hearing in the event of a violation (and the ordinance
would expressly state the same). If cannabis businesses are instead
permitted subject to a CUP, once the CUP is issued it can be difficult to
revoke, even if/when a permittee proves not to be a good member of the
City’s business community. A regulatory permit can be revoked without the
same due process and vested rights concerns.
• However, the approval of the regulatory permit could be made discretionary
depending on the required findings for approval and the designated approval
authority for the permit. Doing so carries the advantage of making it more
difficult for an applicant to compel issuance of a permit via legal proceedings
in the event a permit application is denied by the City.
• Enactment of such a permit requirement will generally require establishment
of an application process, including required application contents, a process
for review and approval of applications, a process for annual permit renewal
and required inspections if desired, and provisions for suspension and/or
revocation of permits and other remedies in the event of violations. Following
adoption of an ordinance, application forms would need to be developed to
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implement the ordinance, among other tasks such as application fee adoption
(discussed below), before applications would be accepted for processing.
• Establishing operational requirements that must be met by cannabis businesses
in order to obtain/maintain the required City regulatory permit.
• The operational requirements can be more stringent than those set forth in
the State regulations, which apply to state licensing of the businesses.
Because the businesses cannot operate lawfully in the City without a state
license, there is no need to duplicate state regulations in the City’s ordinance.
• Rather, the City’s ordinance could state that in order to obtain a City
regulatory permit, the business must hold a valid state license, in addition to
meeting the requirements necessary to obtain the City regulatory permit.
Then any City operational standards could function as supplemental to the
state standards.
• Examples of operational requirements the City may wish to consider are on-
site security requirements, cannabis business employee background check
requirements, requirements that all cannabis operations be conducted
indoors, measures to prevent off-site odors, fire safety requirements,
insurance requirements, and recordkeeping requirements.
• Establishing an application fee to fund administration of the regulatory program,
including the costs of application processing and any required permit inspections.
The amount of the fee would generally be set by a separate resolution following a
fee study or analysis to estimate the reasonable costs of processing an
application. A deposit system may also be used in lieu of a set fee.
B. Taxation Authority
The City may also enact a commercial cannabis tax, with voter approval. The tax could
be made to apply to all cannabis businesses in the City (whether permitted or not) and
could establish a maximum tax rate as a percentage of gross receipts of such
businesses, and/or a per-square-foot tax rate applicable to all space used for
commercial cannabis activity or cannabis cultivation. The Council could then at any
subsequent time, by resolution, set and adjust the actual tax rate anywhere within the
authorized range, up to the maximum rate authorized by the voters.
Examples of other cities’ cannabis tax rates include: (1) Suisun City – up to 15% of
proceeds and up to $25 per square foot of space used for commercial cannabis
activities (as of 2018; subject to automatic CPI increases); (2) Hesperia – 1-6% of
proceeds and up to $15 per square foot of cultivation area (as of 2018; subject to
automatic CPI increases); (3) Desert Hot Springs (10% of proceeds and $10 per square
foot of cultivation (as of 2015; subject to automatic CPI increases); (4) Perris – 10% of
proceeds for dispensaries and $25 per square foot of cultivation space (as of 2016;
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subject to automatic CPI increases); and (5) Carson – up to $25 per square foot of
cultivation area and up to 18% of proceeds of cannabis operations.
It should be noted that the State also imposes significant taxes on cannabis businesses
(15-percent cannabis excise tax is imposed upon all purchasers of cannabis or
cannabis products sold at retail; cultivation tax of $10.08 per dry-weight ounce of flower,
$3 per dry-weight ounce of leaves, and $1.41 per ounce of fresh cannabis plant). So, if
the City wants to promote/attract legal commercial cannabis businesses, it should set
the rates at levels that do not make the overall costs of doing business in the City
prohibitive. In some cases, cities do not wish to attract commercial cannabis businesses
even though they adopt a tax, so they intentionally set the rates at prohibitive levels to
deter businesses from seeking to commence operations in the city. Alternatively, they
may seek voter authorization for a high maximum rate but set the actual rate far lower.
If the City Council sees fit to adopt a cannabis ordinance permitting any commercial
cannabis activities, it is advisable to do so concurrently with, or subsequent to, adoption
of a cannabis tax ordinance, to ensure that no applicants are able to obtain permits prior
to imposition of the tax requirement.
If prepared as a “general tax” (i.e., a tax imposed for general governmental purposes),
only a simple majority voter approval would be required to pass a cannabis tax
measure, and it would need to be voted on at a general election unless the tax measure
is proposed by the voters rather than the City Council. If prepared as a “special tax,”
(i.e., a tax imposed for specific purposes, including taxes imposed for specific purposes
and placed into a general fund), two-thirds voter approval would be required.
An election for the purpose of imposing a "general tax" must be consolidated with a
regularly scheduled general election for members of the city council, except in cases of
emergency declared by a unanimous vote of the council. A regularly scheduled general
election will take place on November 8, 2022. To place a commercial cannabis tax
measure before City voters on the November 2022 ballot, the City Council would have
to approve a proposed tax ordinance by a two-thirds vote, and would have to submit an
adopted resolution calling the election on the ballot measure and requesting that the
election be consolidated with the November 2022 general election to the County
Registrar by about early August, 2022. The resolution would have to include (i) the full
proposed tax ordinance, and (ii) the ballot label language which summarizes the key
terms of the proposed tax ordinance for the voters by describing the tax rate and
methodology, stating the duration of the tax, and providing an estimate of the amount of
money the tax is expected to raise annually.
FISCAL IMPACT:
Potential long-term tax revenues associated with permitting of commercial cannabis
activities.
ATTACHMENTS:
• Grand Terrace Cannabis Workshop Presentation (PDF)
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APPROVALS:
Adrian Guerra Completed 05/03/2022 8:24 AM
City Manager Completed 05/03/2022 8:35 AM
City Council Pending 05/10/2022 6:00 PM
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CANNABIS -FEDERAL, STATE AND
LOCAL REGULATION
CITY OF GRAND TERRACE –CANNABIS WORKSHOP
August 14, 2019
Benjamin R. Jones, Esq.; Aleshire & Wynder, LLP
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FEDERAL REGULATION
(CANNABIS)
•1970 –Federal Controlled Substances Act
•2005 –Gonzalez v.Raich (U.S.Supreme Ct.,2005)545 U.S.1
•2013 –U.S.DOJ deprioritizes CSA enforcement against cannabis in states
which regulate
•2014 –Congress defunds federal enforcement of CSA against medical
cannabis in states which regulate
•2015 –USA v.Marin All.For Med.Marijuana (N.D.Cal.2015)139 F.Supp.3d
1039
•2016 –USA v.McIntosh (9th Cir.2016)833 F.3d 1163
•2018 –U.S.Attorney General Sessions creates uncertainty
•2018 –Federal Gov’t resumes hands off approach to state-legal cannabis
activities;federal law heavily restricts access to banking services
•2019-CSA remains valid law;33 states and DC have legal medical
cannabis;10 states and DC have legal adult-use cannabis
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HISTORY OF CALIFORNIA REGULATION -
MEDICAL MARIJUANA
•1996 –Compassionate Use Act (Prop 215)
•2003 –Medical Marijuana Program Act (SB
420)
•2015 –Medical Marijuana Regulation and
Safety Act (MMRSA) (AB 243, AB 266, SB 643)
(name change to MCRSA in 2016 –SB 837)
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CALIFORNIA LAW TODAY
•AUMA -The Control, Regulate and Tax Adult Use of Marijuana Act (Prop
64)
•Passed by California voters on November 8, 2016
•Legalized cannabis for adult use and personal cultivation (up to six
plants)
•“Adult use” = 21+; recreational; non-medicinal
•Allows commercial cultivation and sale of cannabis for adult use
subject to state and local licensure (but cannot sell within 600 feet of
school, day care center, or youth center)
•MAUCRSA -The Medicinal and Adult-Use Cannabis Regulation and Safety Act
(SB 94)
•B&P Code Division 10 (Sections 26000 et seq.)
•Legislature’s Response to Prop 64
•Repealed MCRSA, but included certain MCRSA provisions into the
licensing provisions of AUMA, creating consolidated regulatory scheme
governing both medicinal and adult-use cannabis
•Focuses on regulation of cannabis businesses
•Dual licensing scheme –Preserves local control
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INDUSTRIAL HEMP –NOT “CANNABIS”
•Defined -A crop that is limited to types of the plant Cannabis sativa L.having no more
than 0.3%THC contained in the dried flowering tops,whether growing or not;the
seeds of the plant;the resin extracted from any part of the plant;and every compound,
manufacture,salt,derivative,mixture,or preparation of the plant,its seeds or resin
produced therefrom.CHSC §11018.5.
•Expressly exempted from state law definition of “cannabis.”B&P Code §26001(f).
•Federal Agriculture Improvement Act of 2018 (Farm Bill)
•Confirms legalization of hemp;no longer a controlled substance,unlike cannabis
•CSA had failed to distinguish hemp from cannabis
•2014 Farm Bill had allowed for limited industrial hemp pilot programs
•California Industrial Hemp Farming Act (2013)
•Provides for the cultivation of industrial hemp by registered growers and
established agricultural research institutions.
•No requirements/regulations applicable to manufacturing,processing or sale (yet)
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CANNABIDIOL (CBD) AND CBD OIL
•Found in cannabis plants (including hemp)like
THC,but non-psychoactive
•Can be extracted into an oil used for medicinal
purposes
•CBD oil from cannabis =cannabis
•CBD oil from hemp =hemp (≠cannabis)
•Lower THC generally means lower CBD,so
relatively large amount of plant material may
be needed for hemp-based CBD oil
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STATE LICENSE TYPES -OVERVIEW
•Cultivator
•Manufacturer
•Testing Laboratory
•Retailer
•Distributor
•Microbusiness
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STATE REGULATORS
•Bureau of Cannabis Control (BCC)
•State Licensing of:
•Retailers (including delivery)
•Distributors
•Testing Labs
•Microbusinesses
•Regulations: CCR, Title 16, Division 42
•Cal. Dept. of Public Health
•State Licensing of Manufacturers
•Regulations: CCR, Title 17, Chapter 13
•Cal. Dept of Food & Agriculture
•Stated Licensing of Cultivators
•Regulations: CCR, Title 3, Division 8
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STATE LICENSE TYPES -CULTIVATION
•Type 1 -Cultivation; Specialty outdoor; Small.
•Type 1A -Cultivation; Specialty indoor; Small.
•Type 1B -Cultivation; Specialty mixed-light; Small
•Type 1C -Cultivation; Specialty cottage; Small.
•Type 2 -Cultivation; Outdoor; Small.
•Type 2A -Cultivation; Indoor; Small.
•Type 2B -Cultivation; Mixed-light; Small.
•Type 3 -Cultivation; Outdoor; Medium.
•Type 3A -Cultivation; Indoor; Medium.
•Type 3B -Cultivation; Mixed-light; Medium.
•Type 4 -Cultivation; Nursery.
•Type 5 -Cultivation; Outdoor; Large.
•Type 5A -Cultivation; Indoor; Large.
•Type 5B -Cultivation; Mixed-light; Large.
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STATE LICENSE TYPES –CULTIVATION (Cont’d)
•“Cultivation” –Any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis
•“Canopy” –Designated areas that will contain mature plants at any
time
•measured in square feet;
•clearly identifiable boundaries;
•stacking –count each level
•Groupings:
•Specialty Cottage
•Specialty
•Small
•Medium
•Large
(each: Indoor; Outdoor; Mixed-Light)
•Nursery
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CULTIVATION LICENSE TYPES –SPECIALTY COTTAGE
•Type 1C -Cultivation;Specialty cottage;Small.
•Outdoor cultivation of up to 25 mature plants
•Outdoor =no artificial light
•Indoor cultivation of up to 500 square feet of total
canopy
•Indoor =exclusively artificial light
•Mixed-light cultivation of up to 2,500 square feet of total
canopy
•Mixed Light =A combination of natural and
supplemental artificial lighting
•Tier 1 –Up to 6 watts/square foot
•Tier 2 –6 to 25 watts/square foot
•On one premises.
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CULTIVATION LICENSE TYPES -SPECIALTY
•Type 1 -Specialty outdoor; Small.
•An outdoor cultivation site of up to 5,000 square feet of
total canopy size on one premises, or up to 50 mature
plants on noncontiguous plots.
•Type 1A -Specialty indoor; Small.
•An indoor cultivation site of between 501 and 5,000
square feet of total canopy size.
•Type 1B -Specialty mixed-light; Small.
•Mixed-light cultivation of between 2,501 and 5,000
square feet of total canopy size on one premises.
•Tier 1
•Tier 2
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CULTIVATION LICENSE TYPES -SMALL
•Small = 5,001 –10,000 square feet of total
canopy
•Type 2 -Outdoor; Small.
•Type 2A -Indoor; Small.
•Type 2B -Mixed-light; Small.
•Tier 1
•Tier 2
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CULTIVATION LICENSE TYPES -MEDIUM
•Type 3 -Outdoor; Medium.
•Between 10,001 sq. ft. and one acre (43,560 sq. ft.)
of total canopy
•Type 3A -Indoor; Medium.
•Between 10,001 sq. ft. and 22,000 square feet of
total canopy
•Type 3B -Mixed-light; Medium.
•Between 10,001 sq. ft. and 22,000 square feet of
total canopy
•Tier 1; Tier 2
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CULTIVATION LICENSE TYPES -LARGE
•Type 5 -Outdoor; Large.
•Outdoor cultivation of greater than one acre of total
canopy size
•Type 5A -Indoor; Large.
•Indoor cultivation of greater than 22,000 sq. ft. of total
canopy size
•Type 5B -Mixed-light; Large.
•Mixed-light cultivation of greater than 22,000 sq. ft. of
total canopy size
•No type 5, 5A or 5B cultivation licenses may be issued before
January 1, 2023 (B&P Code 26061)
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CULTIVATION LICENSE TYPES -NURSERY
•Type 4 -Cultivation; Nursery.
•Cultivation of cannabis solely as a nursery
•Nursery = All activities associated with producing clones, immature
plants, seeds, and other agricultural products used specifically for the
propagation and cultivation of cannabis.
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STATE LICENSE TYPES -MANUFACTURER
•“Cannabis products”-cannabis that has undergone a process whereby the
plant material has been transformed into a concentrate,including,but not
limited to,concentrated cannabis,or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients.
•Type 6 –Manufacturer Level 1
•Nonvolatile or no solvents
•Type 7 –Manufacturer Level 2
•Volatile solvents
•Type N –No extraction; Can also package and label
•Type P –Packaging and labeling only
•Type S –Manufacturing in shared use facilities (manufacturing premises
operated by a Type 6, Type 7 or Type N Licensee
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STATE LICENSE TYPES –TESTING LAB
•Type 8 –Testing Laboratory
•Cannabis shall not be sold pursuant to state license
unless a representative sample has been tested by a
licensed testing lab
•Confirms chemical profile of sample conforms to
labeled content, including with respect to THC and
CDB content
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STATE LICENSE TYPES –RETAILER
•Type 9 –Non-Storefront Retailer
•Sales by delivery only
•Must maintain licensed premises
from which deliveries are conducted
•Type 10 –Retailer
•Storefront “dispensary”
•Sales by delivery also allowed
•Note: BCC Regulations on Delivery
eroding local control; litigation pending
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STATE LICENSE TYPES –DISTRIBUTOR
•Type 11 –Distributor
•Wholesale –between licensees
•Type 13 –Distributor (Transport Only)
•Only immature cannabis plants and seeds to
retailers
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STATE LICENSE TYPES –MICROBUSINESS
•Type 12-Microbusiness
•At least 3 of 4:
•Cultivator (less than 10,000 sq. ft);
•Manufacturer Level 1 (non-volatile);
•Distributor;
•Retailer.
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CANNABIS TAXATION -STATE
•Excise Tax –15% of “Average Market Price” (approved per AUMA)
•Imposed on purchasers of cannabis/cannabis products
•“Average Market Price” computed as actual wholesale price x “mark
up”
•“Mark up” is not actual mark up, but rather a rate set by CDTFA,
currently 60%
•So not based on gross receipts
•Cultivation Tax (approved per AUMA)
•Imposed on cultivators
•$9.25 per ounce of dry-weight flowers.
•$2.75 per ounce of dry-weight leaves.
•$1.29 per ounce of “fresh plant.”
•Excludes immature plants and seeds.
•Standard sales and use tax (retail sales only; medicinal exemption
available)
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CANNABIS TAXATION -LOCAL
•State law does not preempt local taxation
•Local “cannabis tax” can be enacted with voter approval
•City Council approves tax ordinance for placement on ballot (2/3
vote)
•Simple majority for general tax; 2/3 majority for special tax
•Gross Receipts; Per-square-foot methodologies available
•Establish maximum rate by ordinance; Council can then
set/adjust actual rate thereafter without voter approval, subject
to maximum
•Standard sales and use tax revenue always available (retail
sales only; subject to available medicinal exemption)
•Must be careful to avoid deterring businesses with
prohibitive costs/expenses
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ESTABLISHING LOCAL REGULATIONS
•Adopt Ordinance establishing permitting system and regulations
•Determine what type of permit(s) to require
•Business License; Conditional Use Permit; Regulatory Permit
•Consider: Level(s) of Approval; Discretionary vs. Ministerial;
Authority to Impose Conditions; Revocation Requirements
•Determine zone(s) in which cannabis uses may be permitted
•Can create cannabis overlay zone
•Determine permitted and prohibited cannabis uses
•Identify by state license types
•Application Requirements; Fees; Review Process
•Safety Regulations –General and for each license type (more
stringent than state regulations)
•Renewal; Appeals; Suspension; Revocation
•Authority to City Manager or designee to promulgate regulations
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LOCAL REGULATIONS –IMPLEMENTATION
•Fee Resolution
•Fee Study/Analysis
•Hearing Process
•Application Forms
•Staff assignment/training
•Processing background checks (livescan)
•Employee Work Permits
•Development Agreements
•Get Tax Approved First
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QUESTIONS?
Bjones@awattorneys.com
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CITY OF GRAND TERRACE
CITY COUNCIL/PLANNING COMMISSION
MINUTES ● APRIL 21, 2022
Council Chamber Special Meeting Workshop 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
April 21, 2022
City Council/Planning
Commission Minutes
PowerPoint Presentations
APRIL 21, 2022
Joint Workshop by the City Council and
Planning Commission/Site and Architectural
Review Board
•Accessory Dwelling Units and Junior Accessory
Dwelling Units.
•Senate Bill No.9 Pertaining to Urban Lot Splits and
Two-Unit Developments
2030 Vision
Statement
Goal 3 to Promote
Economic Development by
updating zoning and
development code in
preparation for future
growth, and to preserve and
protect our community and
its exceptional quality of life
though thoughtful planning.
Background
On January 25, 2022, the City Council adopted an
Urgency Ordinance (No. 336-U) establishing
objective standards for the regulation of lots splits
and new units developed under SB 9.
On March 3, 2022, the Planning Commission
Conducted a Noticed Public Hearing and voted
unanimously 4-0 adopting a Resolution
recommending that the City Council adopt an
Ordinance establishing SB9 standards and an
Ordinance updating the city’s ADU requirements.
Background
On March 22, 2022, the City Council Conducted a
Noticed Public Hearing and voted unanimously 5-0
to continue the Public Hearing to a date uncertain
and directed staff to conduct a joint City Council
and Planning Commission workshop to further
review and discuss the State Legislation
requirements and provide input on the city’s
proposed objective standards for SB9 and
ADU/JADU developments.
Accessory Dwelling Units
Junior Accessory Dwelling Units
ADUs/JADUs
ADUs/JADUs
Legislature updates became effective on January 1, 2021.
The city’s current ADU ordinance was adopted in 2017.
The State Law allow cities to impose additional objective standards that do not
conflict with State Law.
Permitted Zoning:
•Single-family Residential
•Multifamily Residential
•Mixed-Use Residential
ADUState Requirements
ADUs must be approved ministerially without a public hearing.
ADUs can be attached to, detached from, or built within other dwelling structures, or be created by converting non-habitable structures.
ADU
State Requirements
A parcel with one or more single-family dwellings can have up to one ADU.
The amount of ADUs allowed within a multifamily dwelling shall be equal to 25% of the number of units in the multifamily development, provided that fractional units shall be rounded down.
There can be up two detached ADU’s on a parcel with a multifamily dwelling.
ADU
State Requirements
ADUs must have complete independent living facilities and can only be limited to 850 sq ft for studio/one-bedroom units and 1,000 sq ft for units with two or more bedrooms.
ADUs can not be smaller than an “efficient unit” = 220 square feet.
Attached ADUs can be limited to 50% of the floor area of the primary unit (but no smaller than 800 square feet).
ADU
State Requirements
The city may only impose up to 4-foot rear and side setback for ADUs.
ADUs cannot be sold separately from other units on the property.
Only one parking space can be required for ADUs (with some exceptions).
ADU
State Requirements
ADUs up to 750 square feet are exempt from impact fees.
ADUs that are 750 feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit.
ADU
State Requirements
JADUs
Must be completely within a single-family dwelling
Prohibited on multi-family dwellings
Must have independent living facilities including an efficiency kitchen
May share a bathroom
Limited to 500 sq ft
JADUs require the property owner to reside in the JADU or the primary dwelling.
JADUs cannot be sold separately from the main house.
No additional parking can be required for a JADU.
A deed restriction must be recorded for a JADU requiring compliance with State Law regulations.
JADU
State Requirements
ADUs and JADUs
DISCUSSION
Detached ADUs
Unit Type Detached ADU maximum size
Studio/one-bedroom units 850 sq. ft.
Two or more bedrooms units 1,000 sq. ft.
Size
Attached ADUs:
Unit Type Attached ADU Maximum size
Studio/one-bedroom units 850 sq. ft. or 50% of the
primary dwelling floor area,
whichever is less
Two or more bedrooms units 1,000 sq. ft. or 50% of the
primary dwelling floor area,
whichever is less
Size
Height
Limit to a maximum16 feet in height.
The city may restrict new ADU
construction to ground level only or
may allow ADUs to be added on as
second stories.
Height limitations will not apply to
ADUs created by converting space in
an existing structure.
Water
The Riverside Highland Water Company is
also revising their requirements for additional
units in response to the SB9 legislation, but
the requirements will also be applicable to
ADUs.
RHWC will require a separate connection for
every unit constructed.
Their board meeting will be held on April 28, 2022.
Water
Section 18.69.050-General Requirements(e)(7)(A)
(A)The City shall not require a separate utility
connection between an accessory dwelling unit or
junior accessory dwelling unit and the utility, or
impose a related connection fee or capacity
charge, for units located entirely within a primary
dwelling, unless the accessory dwelling unit or junior
accessory dwelling unit was constructed with a
new single-family home.
Water
Section 18.69.050-General Requirements(e)(7)(B)
(B)Except as provided in subdivision (A), accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s).
Sewer and Septic
Section 18.69.050-General Requirements(e)(8)(A)
Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and/or the onsite wastewater treatment system on the parcel. As part of this inspection, the City Engineer may, if applicable, require documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City sewer or septic system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.
Sewer and Septic
Section 18.69.050-General Requirements(e)(8)(B)
If a parcel relies on an onsite wastewater treatment system, and a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.
Tree Replacement
Section 18.69.050-General Requirements(10)
If the construction of an accessory dwelling unit or junior accessory dwelling unit will result in the removal of one or more trees with a trunk diameter of six (6) inches or greater, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one new 24-inch box tree on site for each tree removed. The proposed project site shall have a minimum of one tree per unit.
Design Standards
Section 18.69.060
The architectural design and detailing, roof
material, exterior color, and finish materials
of an accessory dwelling unit or junior
accessory dwelling unit shall be the same
as those of the primary dwelling.
Design Standards
Manufactured home requirements:
a.if materials matching the primary dwelling arenotcommerciallyavailableforamanufacturedhome,then finish materials shall be the same colorasthefinishmaterialsontheprimarydwelling;
b.The roof shall have a minimum 16-inchoverhandandshallhaveaminimumpitchofnotlessthantwoinchesverticalriseforeach12inchesofhorizontalrun;and
c.Mechanical equipment associated with themanufacturedhomeshallbelocatedsoisnotvisiblefromapublicstreetoradjoiningproperty.
Additional Development
Standards
Are there any other development
standards that the Council or
Commission would like to see in the
ADU/JADU Ordinance?
End of Discussion
ADUs/JADUs
Sewer and Septic
Questions
What is the minimum size requirement for a sceptic service?
Colton Wastewater Department Response:
Size calculations are based on estimated flow. The bigger the house the bigger size of septic tank. The minimum septic tank size for a 2-bedroom house is 750 gallons, whereas a minimum 1200 -gallon size septic tank is needed for a 4-bedroom house.
What type of percolation test is going to be required and in what instance is it needed?
Colton Wastewater Department Response:
Most of the time percolation test is required when building a septic tank. Sometimes the soil is clay or rock and will not be suitable for a septic tank. Percolation test will know how fast the sewage is percolating into the ground.
Sewer and Septic
Questions
What kind of testing is required to determine if the existing septic system or sewer capacity is sufficient?
Colton Wastewater Department Response:
Flow rate of the percolation test and size calculation depends on the projected sewage flow.
Sewer and Septic
Questions
If an existing dwelling unit is served by a septic system, can the additional units be on a separate sewer line connection?
Colton Wastewater Department Response:
The new structure or ADU will be required to have a new connection. The existing house can stay with the septic tank if preferred by the owner.
Sewer and Septic
Questions
Do the Santa Ana Regional Water Board requirements supersede the SB9 requirements?
Colton Wastewater Department Response:
SB-9 is a State mandated law which will prevail.
Sewer and Septic
Questions
If an existing site has a septic system, can the system be tested to identify the projected longevity of such system to support the existing residence and additional units?
Colton Wastewater Department Response:
It’s the responsibility of the Building Department to allow or enforce the repair of the existing septic tank to satisfy with the additional flow from the new structure.
Sewer and Septic
Questions
Colton Wastewater Department Sewer requirements:
“All persons owning property within the city with any building which has access to the sewer main shall connect all toilets, sinks, lavatories and other appliances on the property, with the city sewer system….Properties on which all buildings are farther than 200 feet from a sewer main shall either comply with the requirements of the Uniform Building Code regarding sewage disposal or shall be connected to the sewer main.”
Sewer and Septic
Questions
SENATE BILL 9
Senate Bill 9
Senate Bill 9 was signed on September 16, 2021.
The bill became effective on January 1, 2022.
Local agencies are required
to allow SB 9 projects through a ministerial approval process.
SB 9 Legislation
The city is required to permit up to two primary residences per parcel in single-family residential zone.
Under SB 9 single-family residential lots may be split in half and create two separate smaller parcels
The State Law has established many requirements
and allows cities to impose additional objective standards that do not conflict with State Law.
The lot must be in the single-family residential zone:
•RH-Hillside Residential
•R1-20-Very Low-Density Single Family Residential
•R1-10-Low Density Sigle Family Residential
•R1-7.2-Single Family Residential
SB 9State Requirements
SB 9 –State Requirements
SB 9 does not apply to parcels located:
•historic district
•earthquake fault zones
•wetlands
•high fire severity zones
•hazardous waste sites
•flood hazard areas
•protected farmland
•habitat for protected species
•land under a conservation easement
Where are SB 9 projects prohibited?
SB 9 Ordinance -State Requirements
A city may deny a proposed SB 9 development
project or lot split if the building official makes a
written finding based upon a preponderance
of the evidence, that the proposed project
would have a specific adverse impact upon
public health and safety or the physical
environment, and for which there is no feasible
method to satisfactorily mitigate or avoid the
specific adverse impact.
SB 9State Requirements
Developments cannot involve the demolition or alteration of the following types of housing:
Deed restricted to affordable housing
Rent-controlled housing
Housing occupied by a tenant in the last three years
No more than 25% of existing exterior structure walls shall be allowed or required
SB 9
State Requirements
Maximum of two primary units are allowed on property, plus ADUs.
The city can only impose up to a 4-foot rear and side setback.
SB 9 units cannot be rented for terms of less than 31 days.
The City cannot enforce standards that prevent the construction of up to two primary units that are at least 800 square feet each.
SB 9
State Requirements
The city can only require one parking spot
per SB 9 units to be located on the parcel,
except if:
The parcel is located within on-half mile walking
distance of either a high-quality transit corridor,
or a major transit stop.
There is a car share vehicle located withing one
block of the parcel.
A two-lot subdivision shall not result on a parcel smaller than 40% of the lot area of the original parcel and must be at least 1,200 square feet
SB 9
State Requirements
SB 9
State
Requirements
Vacant lots are not eligible for urban lot splits
An urban lot split cannot be
further subdivided
No more than two units are permitted on any parcel created by a lot split
Only residential uses are
allowed
SB 9
State
Requirements
The owner of the parcel must live
in one of the resulting parcels for a minimum of 3 years
Easements must be dedicated
for:
•public services and facilities
•access to public right-of-way
Urban lot splits must comply with requirements of the Subdivision Map Act and City standards
Urban lot splits will be ministerially
approved without the public hearing
SB 9 Two Unit Development and Lot Split
DISCUSSION
Size
Under SB9, a lot may have either 1 or 2
primary units. Detached or attached
(i.e. a duplex).
The city can set a size requirement
that is not less than 800 square feet.
Size
Things to
consider:
Some of the units will be on normal-sized lots.
Other units will be built on substandard-sized lots that result from SB 9 lot splits.
The city may want to have different size standards depending on whether the
unit is on a standard parcel or
a lot-split parcel.
ZONING MINIMUM
LOT SIZE
SB 9 LOT SUBDIVISION POSSIBLE
OPTIONS
40%50%60%
RH-Hillside Residential 43,560
(1-acre)
17,424 21,780 26,136
R1-20-Very Low-
Density Single Family
Residential
20,000 8,000 10,000 12,000
R1-10-Low Density
Family Residential
10,000 4,000 5,000 6,000
R1-7.2-Single Family
Residential
7,200 2,880 3,600 4,320
Lot Size
Recommendation 1
(a) The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot.
(b) The second primary unit on a lot will be limited to 800 sf.
(c) A new construction duplex (2 attached units) will be limited to 1,200 sf per unit.
Recommendation 2
Create two standards:
(a)(1)Standard-Sized Parcel: The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot.
(a)(2)Substandard-Sized Parcel: The first primary unit on a lot resulting from an SB 9 lot split will be limited to 1,200 sf.
Height
Does the City want
to impose height
restrictions on the
first and/or second
primary unit on a
parcel?
Notice
Does the City want to
give adjacent property
owners notice that an
application for an
urban lot split or second
primary unit has been
submitted?
Water
The Riverside Highland Water Company
is also revising their requirements in
response to the SB9 legislation.
RHWC will require a separate
connection for every unit constructed.
Their meeting will be held on April 28, 2022.
Water
Section 18.65.040-Development Standards (G)(3)
“A second unit, and both units in a two-unit development, shall each have a separate water service line and the applicant shall submit plans for such lines(s) to the RHWC for review and approval. The applicant shall comply with all objective requirements of the RHWC for the construction and operation of the water line(s)”.
Sewer and Septic
G.Wastewater;Water Service.
1.Prior to issuance of a building permit for a second unit or either
unit of a two-unit development,the City Engineer shall inspect
existing sewer lines and/or the onsite wastewater treatment system
on the parcel.As part of this inspection,the City Engineer may,if
applicable,require documentation of a percolation test completed
within the last five years,or,if the percolation test has been
recertified,within the last ten years.If the City Engineer determines
that the addition of a new unit or units would result in a violation of
the requirements of the California Plumbing Code,the requirements
of the Santa Ana Regional Water Quality Control Board,and/or
other objective City sewer or septic system requirements,then the
City shall impose conditions of approval on the development that
are necessary to ensure compliance with such requirements.
Sewer and Septic
G.Wastewater;Water Service.
2.If a parcel relies on an onsite wastewater treatment system,
and a proposed unit would be located on the only part of the
parcel that could accommodate a new onsite wastewater
treatment system in the event the existing system needed to be
replaced,then the City shall require that all existing and
proposed units on the parcel be disconnected from the onsite
wastewater treatment system and connected to the sewer
system as a condition of approval of the development.If such
disconnection and connection is not possible,or would require
off-site improvements,then the building official,or designee,
shall consider whether such circumstances are grounds for
denial of the proposed project pursuant to Section 18.65.020.C.
Deed Restriction
Section 18.65.080-Deed Restriction; affordable
rent requirements
B.Second units, and both units of a two-unit
development, if rented, shall only be rented at
an affordable rent for lower-income
households, as defined in Health and Safety
Code Section 50053, and shall only be rented
to lower-income households, as defined in
Health and Safety Code Section 50079.5, for a
minimum of 55 years.
Tree Replacement
Section 18.65.040-Development Standards (I)
If the construction of a second unit or two-unit
development will result in the removal of one or
more trees with a trunk diameter of six (6) inches
or greater, then, as a condition of obtaining a
certificate of occupancy, the owner shall plant
one new 24-inch box tree on site for each tree
removed. The proposed project site shall have a
minimum of one tree per unit.
Shape of Parcel Resulting
from a Lot Split
Does the Council or Commission prefer
side-by-side lots or flag lots, or no
preference?
For example: The City may impose
minimum frontage requirements,
minimum lot width, prohibition of flag
lots, etc.
Additional Development
Standards
Are there any other development
standards that the Council or
Commission would like to see in the SB 9
Ordinance?
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 26, 2022
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
April 26, 2022
City Council Minutes
PowerPoint Presentations
Senior
Parade
RECOMMEND THAT THE CITY COUNCIL
DETERMINE WHETHER FUNDS SHOULD BE
EXPENDED TO SUPPORT A PARADE FOR
GRADUATING SENIORS AT GRAND TERRACE
HIGH SCHOOL
Background
This staff report supports Goal #4,Develop and Implement Successful Partnerships.
In 2020 and 2021 Grand Terrace High School (GTHS) did not have regular commencement ceremonies due to COVID-19.
In 2020, parents and students held a parade.
In 2021, The City hosted a parade for the seniors. The group was not charged for the costs associated with the event.
A group of parents is organizing to promote a similar parade
Parade Route
Start at Richard Rollins Park
Mt Vernon to Main
Main to GTHS
Requires traffic control at 5
intersections
Cost
City Cost $1800.00
Sheriffs Cost $3800.00
Insurance $1000.00
TOTAL $6600.0
Ordinance Establishing New City Council
Salary, Vehicle and Technology
Allowances
April 26, 2022
City Council
Goal # 5
Engage the Community by
Participation” by allowing the City
to ensure that City Council salaries
and allowances are competitive
such that it will encourage more
citizens to participate in City
governance.
Proposed
Ordinance
for
Introduction
•Codify an Adjustment to the City
Council Salary
•Codify an Adjustment to the City
Council Vehicle Allowance
•Establish and Codify a New
Technology Allowance
City
Council
Salary
Government Code Section
36516(a)(4) permits the City
Council to increase the
compensation above the amount
set by Government Code Section
36516(a)(1), provided that “… the
amount of the increase shall not
exceed an amount equal to 5
percent for each calendar year
from the operative date of the last
adjustment of the salary in effect
when the ordinance or
amendment is enacted …”
City
Council
Salary
•Last City Council salary adjustment took place in 2010
•The adjustment was from $150 to $300 per month
•The calculation for the proposed
adjustment is as follows:
2022 –2010 = 12 years
5% x 12 years = 60%
60% x $300 = $180 per council member
$180 + $300 = $480 per council member
•New adjusted amount $480 per month
Allowances
•Government Code section
36514.5 states: “City council
members may be reimbursed for
actual and necessary expenses
incurred in the performance of
official duties.”
•State law contemplates
reimbursement based on receipts
of actual expenses rather than
allowances. Reimbursement
approach is safest and most
conservative.
Allowances
•In 2010, the California Attorney
General was presented with the
following question: May a city
provide a vehicle allowance to
its city council members in lieu of
reimbursing actual vehicle
expenses after such expenses are
incurred?
•The Attorney General opined: “A
city may provide a vehicle
allowance to its city council
members in lieu of reimbursing
actual vehicle expenses after
such expenses are incurred.”
Allowances
•“[T]he purpose of a vehicle
allowance provided to city
council members or other public
officers is to realize administrative
and other cost savings and
efficiencies for the public.”
•“[A] vehicle allowance is
permissible only if travel expenses
are authorized by statute,
ordinance, or charter.”
•“[T]he amount of the allowance
must be reasonably related to
what is required for the
performance of an officer’s
public duties.”
Vehicle Allowance
•Travel allowance will serve as
reimbursement for expenses such
as gasoline, mileage, wear and
tear, insurance, and
depreciation, incurred by
Council Members in the use of
their personal automobiles in the
course of official duties.
•Current amount is $200 per
month
•Proposed adjusted amount is
$450 per month
•The ordinance will formally codify
this travel allowance in the
Municipal Code as suggested in
the Attorney General opinion.
Technology
Allowance
•Ordinance also establishes a
technology allowance which
recognizes the effects of COVID-
19 and new necessity to utilize
technology to serve in the role of
a council member.
•Technology allowance is an
extension of the Attorney
General opinion discussing travel
allowances by relying on the
same concepts.
•Risk question: allowance versus
reimbursement-based model?
Technology
Allowance
•Proposed amount is $205.00 per
month
•Amount will serve as
reimbursement for technology-
related expenses such as:
•Cellphone service
•Internet service
•Other similar costs incurred by
Council Members in the use
of their personal technology-
related equipment and
service in the course of
official duties.
Technology
Allowance
•Based upon research by staff:
•The monthly internet service in the
Grand Terrace is about $114.99
(Spectrum Internet).
•Monthly cell phone service with
Verizon is about $90.00 (not including
device costs).
•Monthly cellphone service cost with
AT&T (unlimited) is about $105.00.
•The $205.00 amount is based
upon the Verizon monthly
cellphone service cost.
General
Comments
•The salary adjustment does not
take effect until a new City
Council member is seated which
will likely be after the next
election.
•The two allowances will take
effect on July 1, 2022 (start of the
new fiscal year)
•The ordinance provides that the
City Manager shall place a
discussion item on a City Council
agenda during the City’s annual
budget preparation cycle for the
City Council to review and
consider adjustments to City
Council salary and allowances.
Questions
Rental
Program
Non-Owner Occupied/Rental Property
CURRENT PROGRAM CURRENT CHALLENGES GUIDANCE
CURRENT RENTAL PROGRAM
Annual inspection fee.
Apartments 200+ units $36.00 per unit
Apartments 1-199 units $48.00 per unit
Single-Family Home $95.00
Re-Inspection $47.00
CURRENT RENTAL PROGRAM
Good Landlord/Tenant Program.
Passing inspection three consecutive years may qualify to participate in the good landlord/tenant program.
For qualifying participants, the property owner will pay an annual inspection fee that is one-half of the City
inspection program's annual fee,
Four consecutive years will pay an annual inspection fee of 30 percent of the City inspection program's annual
fee.
For properties eligible under the program, a drive-by inspection will be conducted to ensure satisfactory
maintenance.
On the 11th year of participation, whether in the Good Landlord/Tenant Program or not, the participating
property shall revert to first year status.
Current Challenges
Apartments
Parking
Garage use
Number of Tenants
Trash in street
Increased foot traffic
Current Challenges
Single Family Homes
Inoperable vehicles
Noise complaints
Dogs
Responsible Party for violations
Inspection timing
Guidance Requested
Crime Free Multi-Housing Program
What defines a rental
Business license required for 2 or more single-family homes and any multifamily dwelling
Non-Owner-Occupied Rental information sheet
Inspection timing change
Late Fee
Landscape
Recognition
Program
RECOMMEND THAT THAT THE CITY COUNCIL
DIRECT STAFF TO IMPLEMENT AN ANNUAL
LANDSCAPE RECOGNITION PROGRAM
Background
Municipal code mandates that all residential and commercial developments have landscaped areas.
The current code allows for broad discretion in how individuals utilize landscaping to enhance their property.
This program would recognize creative and aesthetically pleasing installations.
Program
Description
Self-nomination, nomination by
residents, as well as nomination by
City Staff (Code Enforcement).
Selection will occur in the Fall in
even numbered years, and Spring
in odd numbered years.
Candidates will be screened to
ensure there are no code violations
and businesses have appropriate
licenses.
Criteria for
Selection
General Appearance
Creative or Unique Design
Use of Native Plants
Use of color
Criteria for
Selection
Specialized gardens such as
rain gardens, vegetable or herb
gardens
Water conservation
techniques
Complimentary use of
hardscape and landscape
elements.
Selection
Process
Initial screening will be done by the
Planning Commission and a pool
of no more than 10 candidates will
be forwarded to the City Council.
City Council will select the
recipients.
Awards
Recipients will receive a $100
gift card at a local nursery or
gardening center.
Will also receive a yard sign
that they may place in their
yard for the year as recognition
of their award.
ARPA
Funding
RECOMMEND THAT THE CITY COUNCIL
APPROVE THE SELECTED PROJECTS, FOR
THE USE OF THE AMERICAN RESCUE PLAN
ACT FUNDING.
Background
On March 11, 2021, the American Rescue Plan Act
(ARPA) was signed into law by President Biden.
In California, both large cities (populations over
50,000) and small cities and towns (populations under
50,000, which includes the City of Grand Terrace)
have received ARPA funding allocations.
In total, small cities in California, including Grand
Terrace, have been allocated over $1.2 billion.
Grand Terrace will receive $3,010,360 in funds.
What Funds
are
Available?
Recipients may determine their loss by choosing a
standard allowance of up to $10 Million in aggregate, not
to exceed their award amount, during the program.
Recipients may use funds up to the amount of revenue loss for government service
Payment for Law Enforcement is considered government
service
This will free General Fund resources to be applied to
infrastructure projects.
Staff recommendations
for use of ARPA Funds
$32,000 Records Management
software to complete document
preservation and retrieval initiatives.
$50,000 Cap and plug abandoned
well at Grand Terrace HS.The well is a
source of liability.San Bernardino
County Environmental Health
Department is requesting us to mitigate
the hazard.
Staff recommendations
for use of ARPA Funds
$50,000 Tree planting in
the right of way throughout
the City.
$150,000 Street sign
replacement for faded,
missing and damaged
signs.
Christmas Tree at Palm
and Barton
Staff
recommendations for
use of ARPA Funds
$160,000 Three public
works trucks. Current
trucks are at end of life.
$200,000 Roof
replacement at City Hall.
Current roof is 40 years
old and has multiple
failures
Staff recommendations
for use of ARPA Funds
$250,000 Sidewalk and handicap ramp repairs. There are multiple locations in the City where sidewalks present trip hazards and ramps do not meet
ADA requirements.
$2,100,000 Pavement rehabilitation. Approximately 2/3 of the funds will be expended to restore, replace, or rehabilitate
streets.
What to
expect
Staff is seeking direction to
proceed with these priorities
Each project will come back
to Council for contract
award and appropriation
CITY OF
GRAND
TERRACE
MID-YEAR &
YEAR-END
BUDGET REVIEWApril 26, 2022
2030
VISION
•Goal #1:
Ensuring our Fiscal
Viability through the
continuous monitoring of
revenues & expenditures
against approved budget
allocations.
2
PURPOSE OF REVIEW
•Mid-Year actuals
& Year-end
projections;
•Proposed budget
adjustments for
the current year, if
any;
3
MID-YEAR
ACTUALS
JANUARY 31,
2022
FY2021-22 ACTUAL REVENUES AS OF 01-31-2022
9
As of January 31, 2022, General Fund operating revenues
received were $4,139,414, or 47.8% of the approved budget of
$8,654,269.
General Fund operating expenditures through January 31, 2022
were $3,617,338, which represents 53% of the approved
expenditures of $6,822,395.
With 58% of the fiscal year elapsed through January, this shows
a positive result of $339,651 against the expected budget of
$3,956,989.
9
Approved Budget JAN-2022
Monthly Actuals
REVENUES $8,654,269 $4,139,414
EXPENDITURES (6,822,395)(3,617,338)
NET $1,831,874 $522,076
REVENUE & EXPENDITURES AS OF 01-31-2022
YEAR-END
PROJECTIONS
FY2021-22 PROJECTED REVENUES
9
As of January 31, 2022, General Fund operating revenues
received were $4,139,414, or 47.8% of the approved budget
of $8,654,269.
General Fund operating expenditures through January 31,
2022 are $3,617,338, which represents 53% of the approved
expenditures of the approved budget of $6,822,395.
With 58% of the fiscal year elapsed through January, this
shows a positive result of $339,651 against expected budget
of $3,956,989.
REVENUES Approved
Budget
Year-end
Projection
2017-18
Actuals
Year-end
vs. Appr
Budget
Property Tax $1,980,000 $1,976,300 $1,799,310 $(3,700)
Residual Receipts -RPTTF 1,090,000 1,091,100 1,125,223 1,100
Residual Receipts -Housing 60,000 0 0 (60,000)
Franchise Fees 524,300 515,000 510,761 (9,300)
Licenses, Fees & Permits 419,415 376,080 432,805 (43,335)
Sales Tax 770,000 770,000 773,093 0
Other revenues 310,100 285,200 372,146 (24,900)
Proceeds -Sale of Property 80,000 80,000 0 0
Waste Water Receipts 300,000 318,350 300,000 18,350
OPERATING REVENUES $5,533,815 $5,412,030 $5,313,338 $(121,785)
REVENUES
Approved
Budget
JAN-2022
Monthly
Actuals
Year-End
Projection
Variance
(Year-end vs.
Budget)
Property Tax $4,194,640 $2,329,354 $4,586,773 $392,133
Franchise Fees 620,000 179,191 631,646 11,646
Other Permits & Fees 95,870 46,164 104,276 8,406
Sales Tax 988,000 468,553 1,110,053 122,053
Business Licenses Fees 95,000 48,813 114,913 19,913
Charges for Services 440,450 117,612 186,550 (253,900)
Fines & Forfeitures 66,300 24,333 44,273 (22,027)
Miscellaneous 0 13,385 14,885 14,885
Use of Money & Property 34,660 13,916 28,416 (6,244)
County Solid Waste 22,000 13,168 52,168 30,168
Proceeds from Sale of Prop 1,770,000 870,601 2,070,601 300,601
Motor Vehicle Fees 9,000 14,324 14,324 5,324
Waste Water Receipts 318,349 0 318,349 0
TOTAL REVENUES $8,654,269 $4,139,414 $9,277,227 $622,958
9
FY2021-22 PROJECTED EXPENDITURES
EXPENDITURES Approved
Budget
JAN-2022
Monthly
Actuals
Year-end
Projection
Year-end
vs. Appr
Budget
City Council $76,621 $29,096 $51,170 $25,451
City Manager 847,763 479,523 843,227 4,536
City Clerk 234,763 125,882 217,816 16,947
City Attorney 210,000 110,143 255,502 (45,502)
Finance 480,364 231,016 412,722 67,642
Planning & Dev. Svcs.1,064,523 493,823 904,831 159,692
Public Works 659,645 387,173 705,495 (45,850)
Law Enforcement 2,440,940 1,074,592 2,304,521 136,419
Non-Departmental 807,776 686,090 872,235 (64,459)
TOTAL EXPENSE $6,822,395 $3,617,338 $6,567,519 $254,876
9
FY2021-22 REVENUE & EXPENSE
Approved
Budget
JAN-2022
Actuals
Year-End
Projection
Year-end
vs. Appr
Budget
REVENUE $8,654,269 $4,139,414 $9,277,227 $622,958
EXPENSE (6,822,395)(3,617,338)(6,567,519)254,876
NET $1,831,874 $522,076 $2,709,708 $877,834
General Fund’s Long-Term
Financial Performance
Healthy
Sustainable
Vulnerable
Unsustainable/
Insolvent
09/10
Rev
$4.7M
Exp
$4.0M
10/11 11/12 12/13 13/14 14/15 15/16 16/17
Healthy:Revenues exceed expenditures,continue to show growth,City maintains a 2-month reserves-rainy day fund
Sustainable:Revenues exceeds expenditures (2-month reserves–rainy day fund)
Vulnerable:Revenues exceed expenditures (less than the 2-month reserve–rainy day fund)
Unsustainable/Insolvent:Revenues less than expenditures
Rev
$5.3M
Exp
$5.5M
Rev
$6.1M
Exp
$5.1M
Rev
$5.3M
Exp
$4.7M
Rev
$5.2M
Exp
$4.8M
Rev
$4.8M
Exp
$4.4M
Rev
$4.5M
Exp
$4.5M
Rev
$5.0M
Exp
$4.8M
17/18
Rev
$5.3M
Exp
$5.3M
18/19
Rev
$5.4M
Exp
$5.4M
19/20 20/21
Rev
$5.4M
Exp
$5.7M
Rev
$6.3M
Exp
$6.2M
QUESTIONS?