02/14/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 14, 2023
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: 839 7988 2947
Password: 561387
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) 954-5207 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) 954-5207,
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) 954-5207 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 [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council.
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Jeff Allen
Council Member Kenneth J. Henderson
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS
Certificate of Appreciation for Santa Clause Toy Drive – Presented by Johan Gallo
C. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 01/24/2023
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 3
3. October 20, 2022, Planning Commission, October 13, 2022, Parks & Recreation
Advisory Committee, and November 7, 2022, Historical & Cultural Activities Committee
Meeting Minutes Update
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
4. Community Benefit Fund Grant Award to the Grand Terrace Foundation of Grand
Terrace Youth in the Amount of $2,000.00
RECOMMENDATION:
Approve the Community Benefit Fund grant application in the amount of $2,000 to the
Foundation of Grand Terrace, Youth to help fund assistance in college application fees,
Senior Inspiration dinner, scholarship opportunities, prom, grad night, and other
opportunities for qualified GTHS seniors.
DEPARTMENT: FINANCE
5. State Fire Marshall Changes in High Fire Hazard Severity Zone
RECOMMENDATION:
That the City Council receive and file the information.
DEPARTMENT: CITY MANAGER
6. Contract for Animal Shelter Services with the City of San Bernardino
RECOMMENDATION:
Authorize the City Manager to execute an agreement, in substantially the same form as
attached, between the City of Grand Terrace and City of San Bernardino for animal
sheltering services.
DEPARTMENT: CITY MANAGER
7. Amendment No. 1 to Agreement for City Attorney Services with Aleshire & Wynder, LLP
RECOMMENDATION:
Approve the Amendment No. 1 to Agreement for City Attorney Services with Aleshire &
Wynder, LLP, and Authorize the Mayor to Execute Amendment No. 1
DEPARTMENT: CITY MANAGER
8. Approval of Amendment to the Agreement Between the City of Grand Terrace and
Willdan Engineering and to Lessen the Terms Thereof and to Increase the
Compensation of the Willdan Engineering Agreement
RECOMMENDATION:
1. Approve Amendment No. 2 to the Agreement for On-Call Engineering Services
with Willdan Engineering (dated July 14, 2020), which lessens the Agreement to
June 30, 2023, and increases the total compensation by $65,000 (total
compensation $158,290);
Agenda Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 4
2. Authorize the Mayor to execute the above-mentioned amendments subject to the
City Attorney’s approval as to form.
DEPARTMENT: PUBLIC WORKS
9. CDBG Covid-19 Funding - Agreement for Homeless Rehousing Services with
Lighthouse Social Services Center
RECOMMENDATION:
1. Approve the Independent Contractor Agreement for Fiscal Year 2022-2023 with
LightHouse Social Service Centers for homeless housing assistance services, in a
total contract sum not to exceed $125,010.
2. Authorize the City Manager to execute the Agreement subject to the City Attorney’s
approval as to form.
DEPARTMENT: PUBLIC WORKS
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
10. Prioritization of Funding Recommendations for Community Development Block Grant
(CDBG) Funds for Program Year 2023-24
RECOMMENDATION:
1) Conduct a public hearing for the prioritization of eligible applications for 2023-24
Community Development Block Grant (CDBG) funding; and,
2) Prioritize funding allocations and authorize staff to submit the City's CDBG funding
recommendation to the County of San Bernardino Economic Development Agency.
DEPARTMENT: PUBLIC WORKS
11. Objective Design Standards for Multi-Family Housing and Mixed Use Developments
RECOMMENDATION:
1. Conduct a public hearing, and
Agenda Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 5
2. Direct the City Attorney to Read the title of the Ordinance, waive further reading, and
introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE AMENDMENT 22-
03 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND
AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY
ADDING CHAPTER 18.64 ESTABLISHING OBJECTIVE DESIGN STANDARD
REQUIREMENTS
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
F. UNFINISHED BUSINESS
12. Unfunded OPEB Liability - Strategy Risk Level Approval
RECOMMENDATION:
Approve CERBT Strategy Risk Level
DEPARTMENT: FINANCE
G. NEW BUSINESS - NONE
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic
Plan, if a City Council Member is interested in a task or project that will require more
than one hour of staff time to complete, the item will be agendized to ask the City
Council if time should be spent on preparing a report on the proposed item. In
accordance with this policy, this is the opportunity for City Council Members to request
that an item be placed on a future agenda and authorize staff to prepare an agenda
report. To ensure compliance with the Brown Act, the request shall be submitted to the
City Manager at least one week in advance of the meeting so that the topic can be
included on the agenda under this section. In order for any listed item to be placed on a
future agenda, the City Council must act by formal motion (i.e., requires a motion and a
second) to direct the City Manager to place the item on a future agenda. Pursuant to the
requirements of the Brown Act, no other items may be considered other than those
listed below.
1. Discuss transitioning from At-Large Elections to By-District Elections
Requested by: Council Member Jeff Allen
2. Discuss transitioning from a General Law City to a Charter City
Requested by: Council Member Jeff Allen
Agenda Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 6
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth Henderson
Council Member Jeff Allen
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, pursuant to
Government Code Section 54956.9(b)
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 28, 2023, 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 ● JANUARY 24, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
January 24, 2023, at 6:00 p.m.
Invocation
The Invocation was given by Pastor Mike Leno of Azure Hills Seventh Day Adventist
Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Kenneth J. Henderson.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Robles Council Member Present
Jeff Allen Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Oath of Office and installation of newly appointed official, Kenneth J. Henderson.
Incoming Remarks by Council Member Henderson.
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Minutes Grand Terrace City Council January 24, 2023
City of Grand Terrace Page 2
RECESS CITY COUNCIL MEETING
Mayor Hussey recessed the regular meeting of the City Council for congratulations and
photographs of newly appointed official, Kenneth J. Henderson at 6:10 p.m.
RECONVENE CITY COUNCIL MEETING
Mayor Hussey reconvened the regular meeting of the City Council at 6:25 p.m.
C. CONSENT CALENDAR
RESULT: APPROVED [4 TO 0]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Bill Hussey, Doug Wilson, Sylvia Robles, Jeff Allen
ABSTAIN: Kenneth J. Henderson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 01/10/2023
APPROVE THE REGULAR MEETING MINUTES OF JANUARY 10, 2023
4. Sharing of Common Interest Information and Joint Defense Relating to the Renewal of
the Existing National Pollutant Discharge Elimination System ("NPDES") Permit and
Waste Discharge Requirements, Order.
DIRECT CITY MANAGER TO ENTER INTO A JOINT AGREEMENT WITH SAN
BERNARDINO COUNTY, THE SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT, AND VARIOUS CITIES PROVIDING FOR SHARING OF COMMON
INTEREST INFORMATION AND JOINT DEFENSE RELATING TO THE RENEWAL
OF THE EXISTING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
("NPDES") PERMIT AND WASTE DISCHARGE REQUIREMENTS
5. Approval of the December-2022 Check Register in the Amount of $502,947.00
APPROVE THE CHECK REGISTER NO. 12312022 IN THE AMOUNT OF $502,947.00
AS SUBMITTED, FOR THE MONTH ENDING DECEMBER 31, 2022.
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Minutes Grand Terrace City Council January 24, 2023
City of Grand Terrace Page 3
AGENDA ITEM NO. C.3 WAS PULLED FOR DISCUSSION BY COUNCIL MEMBER
JEFF ALLEN
3. Request for a Seat on Riverside Highland Water Company Board of Directors
THE CITY COUNCIL DIRECT THE CITY MANAGER TO REQUEST A SEAT FOR
ONE COUNCIL MEMBER AS A BOARD MEMBER FOR THE RIVERSIDE HIGHLAND
WATER COMPANY.
RESULT: APPROVED [4 TO 0]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Bill Hussey, Doug Wilson, Sylvia Robles, Jeff Allen
ABSTAIN: Kenneth J. Henderson
D. PUBLIC COMMENT
Kristine Scott, Public Affairs Manager for Southern California Gas Company provided
the City Council and its residents an update on the increase most will see in their
January 2023 gas bills as natural gas prices soar.
Bobbie Forbes, Grand Terrace thanked staff for placing silver reflectors on Grand
Terrace Road by the mobile home park and asked if they could be placed on the other
side of the road, that would be great.
Shad Boal, Grand Terrace announced the upcoming Soccer Tournament of Champions
that will be held in the City of Grand Terrace the weekend of January 28-29, 2023, at
Richard Rollins Park and Grand Terrace High School.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS - NONE
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Minutes Grand Terrace City Council January 24, 2023
City of Grand Terrace Page 4
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Look into cost savings of staff hours by combining the Planning Commission duties and
the City Council duties into one program.
Requested by: Mayor Bill Hussey
Mayor Hussey pulled the item from the agenda. No action was taken.
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth Henderson
Nothing to Report.
Council Member Jeff Allen
Council Member Jeff Allen commented on board meetings and events that he attended.
Click here for report.
Council Member Sylvia Robles
Council Member Sylvia Robles was recently appointed to a new committee with
Southern California Associated Governments: Community, Economic & Human
Development. With this appointment, she attended a field trip to the California Air
Resources Board in Riverside. It was a lengthy and detailed tour that enabled her to
observe how the organization tests vehicles.
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson commented on board meetings and events that he
attended. Click here for report.
Mayor Bill Hussey
Mayor Bill Hussey wanted to remind the community that the Middle-Class Tax Refunds
are arriving and to be vigilant by checking their mailbox to avoid any possible mail theft.
He also wanted to remind the community that the city has a yard sale sign program and
to please follow those procedures when holding a yard sale.
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager informed the City Council that staff are working with the
fire department and service groups to implement the Stop the Bleed program in
securing kits and training for staff and the community.
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Minutes Grand Terrace City Council January 24, 2023
City of Grand Terrace Page 5
K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the regular meeting of the City Council to closed session at
7:30 p.m.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section
54957.6
Agency Designated
Representative: Konrad Bolowich, City Manager
Unrepresented Employee: Adrian R. Guerra, City Attorney
RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the regular meeting of the City Council from closed session
at 7:30 p.m.
REPORT OUT OF CLOSED SESSION
Mayor Hussey announced that there was no reportable action taken, however, direction
was provided to staff.
L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council at 7:35 p.m. The Next
Regular Meeting of the City will be held on Tuesday, February 14, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: October 20, 2022 Planning Commission, October 13, 2022
Parks & Recreation Advisory Committee, and November 7,
2022 Historical & Cultural Activities Committee Meeting
Minutes Update
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017, City Council meeting, the City Manager directed
the City Clerk to provide Council with a copy of the Planning Commission, Historical &
Cultural Activities Committee, and Volunteer Emergency Operations Committee minutes
to keep Council up-to-date on those Commission/Committee activities and on January
16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be
included in the Committee/Commission Report.
DISCUSSION:
On January 19, 2023, the Planning Commission held its Regular Meeting and approved
its October 20, 2022, Regular Meeting minutes. The minutes for this meeting are
included as an attachment to this report. The Commission’s next Regular Meeting is
scheduled for February 16, 2023.
On November 10, 2022, the Parks & Recreation Advisory Committee held its Regular
Meeting and approved its October 13, 2022, 2022, Regular Meeting minutes. The
minutes for this meeting are included as an attachment to this report. The Committee’s
next Regular Meeting is scheduled for February 9, 2023.
On December 5, 2022, the Historical & Cultural Activities Committee held its Special
Meeting and approved its November 7, 2022, Regular Meeting minutes. The minutes for
this meeting are included as an attachment to this report. The Committee’s next Regular
Meeting is scheduled for February 6, 2023.
FISCAL IMPACT:
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None.
ATTACHMENTS:
• 10-20-2022 PC Minutes (PDF)
• 10-13-2022 P&R Minutes (PDF)
• 11-07-2022 H&C Minutes (PDF)
APPROVALS:
Debra Thomas Completed 02/07/2023 1:00 PM
City Manager Completed 02/08/2023 3:59 PM
City Council Pending 02/14/2023 6:00 PM
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● OCTOBER 20, 2022
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Chair Edward Giroux convened the Regular Meeting of the Planning Commission/Site
and Architectural Review Board for Thursday, October 20, 2022 at 6:30 p.m.
PLEDGE OF ALLEGIANCE
Assistant City Attorney Robert Khuu led the Pledge of Allegiance.
Attendee Name Title Status Arrived
Edward A. Giroux Chair Present
Tara Ceseña Vice-Chair Present
David Alaniz Commissioner Present
Aron Burian Commissioner Present
Scot Mathis Commissioner Present
Robert Khuu Assistant City Attorney Present
Haide Aguirre Senior Planner Present
Lanita Perez Planning Secretary Present
APPROVAL OF AGENDA
1. Motion: APPROVAL OF AGENDA OCTOBER 20,2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Aron Burian, Commissioner
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
PRESENTATIONS
None.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board October 20, 2022
City of Grand Terrace Page 2
PUBLIC ADDRESS
None.
A. CONSENT CALENDAR
2. Approval of Minutes – Regular Meeting – 10/06/2022
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tara Ceseña, Vice-Chair
SECONDER: Edward A. Giroux, Chair
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
B. ACTION ITEMS
None.
C. PUBLIC HEARINGS
1. Consider a Resolution Recommending that the City Council Adopt by Reference the
2022 California Building Codes, 2021 International Property Maintenance Code, and
1997 Uniform Code for Abatement of Dangerous Buildings (As Amended Due to Local
Climatic, Geological, Topographical Conditions) and Determining Such Ordinance
Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(B)(3)
Luis Gardea, Building Official gave the staff report and PowerPoint presentation for this
item.
Chair Giroux opened the public hearing at 7:20 p.m.
PUBLIC COMMENT
None.
Chair Giroux closed the public hearing at 7:21 p.m.
The Planning Commission held lengthy discussion regarding the 2022 California
Building Code additions and amendments.
Assistant City Attorney Khuu recommended that direction be given to the City
Council and staff that any changes in the City’s existing building code
regulations be consistent with the 2022 California Building Code.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board October 20, 2022
City of Grand Terrace Page 3
1) CONDUCT A PUBLIC HEARING; AND
2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE
THEREBY ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE
SERIES, INCLUDING THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
EXISTING BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022
CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA
HISTORICAL BUILDING CODE, 2022 CALIFORNIA MECHANICAL CODE, 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, AND 1997 UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS; MAKING CERTAIN
AMENDMENTS TO SUCH CODES (AS APPLICABLE) DUE TO LOCAL CLIMATIC,
GEOLOGICAL, AND/OR TOPOGRAPHICAL CONDITIONS; AND DETERMINING
SUCH ORDINANCE EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)
3) FORWARD AND RECOMMEND ADOPTION OF THE ABOVE TO THE CITY
COUNCIL
RESULT: APPROVED [UNANIMOUS]
MOVER: Tara Ceseña, Vice-Chair
SECONDER: Scot Mathis, Commissioner
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
D. INFORMATION TO COMMISSIONERS
None.
E. INFORMATION FROM COMMISSIONERS
None.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board October 20, 2022
City of Grand Terrace Page 4
ADJOURN
Chair Giroux adjourned the regular meeting of the Planning Commission/Site and
Architectural Review Board at 7:30 p.m. The next scheduled meeting of the Site and
Architectural Review Board/Planning Commission to be held on November 3, 2022 at
6:30 p.m.
_________________________________
Edward Giroux Chair
_________________________________
Haide Aguirre, Senior Planner
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CITY OF GRAND TERRACE
PARKS & RECREATION ADVISORY COMMITTEE
REGULAR MEETING
October 13, 2022 – 4:15 p.m.
City Hall Community Room – North
22795 Barton Road, Grand Terrace, CA 92313
MINUTES
CALL MEETING TO ORDER:
Chair Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory
Committee at 4:30 p.m.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Committee Member Mike Hogue.
ROLL CALL:
Present: Committee Members Freund (arrived at 4:30 p.m.), Reagan, Hogue; Vice-
Chair Firnkoess; Chair Phelps
Staff: City Clerk Thomas
1. Approve August 11, 2022, Regular Meeting Minutes
Vice-Chair Firnkoess moved, with a second from Committee Member Hogue to
approve the August 11, 2022, Regular Meeting minutes.
Ayes: Committee Members Reagan, Hogue; Vice-Chair Firnkoess; Chair
Phelps
Noes: None.
Absent: Committee Member Freund
2. Public Comments
None.
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Minutes Parks & Recreation Advisory Committee October 13, 2022
3. New Business:
a. Select New Chair
Vice-Chair Firnkoess nominated and moved to approve the selection of
current Chair Brian Phelps, with a second from Committee Member Hogue.
Ayes: Committee Members Reagan, Hogue; Vice-Chair Firnkoess
Absent: Committee Member Freund
Noes: None.
Abstain: Chair Phelps
b. Select New Vice-Chair
Vice-Chair Firnkoess nominated and moved to approve the selection of
Committee Member Hogue, with a second from Chair Phelps
Ayes: Committee Member Reagan; Vice-Chair Firnkoess; Chair Phelps
Absent: Committee Member Freund
Noes: None.
Abstain: Committee Member Hogue
c. Priority Project Status and Review
City Clerk provided the committee with a status update on the committee’s
priority projects.
d. Youth Committee Member
Debra Thomas, City Clerk updated the committee with information that no
applications have been received for the youth committee member position.
She informed the committee that contact had been made with the high
school and postings have been made on the City’s website and kiosks.
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Minutes Parks & Recreation Advisory Committee October 13, 2022
e. Veteran’s Day Signs
City Clerk Thomas provided the information to the committee on the new
Veteran’s Sign Program and how it works. The committee was pleased with
the new signs.
4. Committee Member Comments
None.
5. Staff Comments
None.
6. Adjournment
Chair Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory
Committee at 5:00 p.m.
___________________________ ________________________________
Brian Phelps, Chair Judith J. Garcia, Committee Secretary
Next Meeting Date:
December 8, 2022 @ 4:15 p.m.
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Historical and Cultural Activities Committee
Minutes for month of—November 7, 2022
Location—2nd Floor conference Room 0
Members present—Christina Valdivia-Phelps, Renae Walker, Becky Giroux, Louise Lunstrum and Debra Thomas-City
Clerk
Members Absent—
Guests—Loria Williams—Came to discuss being on the H&CAC,currently on Friends of the GT Library Resident since
1986, retired since 2015, introductions were made and Debra gave her an application for the committee
Called to order—6 02 pm
Secretary's Report Louise motions for September minutes, Christina 2"d 4 yes 0 no 0 abstain
Treasurers Report Renae motioned to accept, Louise 2nd 4 yes 0 no 0 abstain
r
Historical Report
30 booths attended Country Fair List started for future events Wreath vendor price point too high
Suggestions were made for a banner for the event
Chili cookoff have Fire Department head?
Old Business
New Business
Birthday Event—Dec 12th tentative date, Debra is going to see if that is available
Mike at Woody's catered last event going to ask him to do this one as well With different menu —Becky
City providing cake
Flowers from Trader Joes—Christina
Books as centerpieces from Friends of the GT Library—Christina
Contact GTHS to remove items in vestibule—Renae
Contact Friends of the GT Library to be honored community in vestibule—Renae
Invitations—Renae Debra will provide invitation list
Black Table cloths—Becky
Meeting adjourned—7 01 pm
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Community Benefit Fund Grant Award to the Grand Terrace
Foundation of Grand Terrace Youth in the Amount of
$2,000.00
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Community Benefit Fund grant application in
the amount of $2,000 to the Foundation of Grand Terrace,
Youth to help fund assistance in college application fees,
Senior Inspiration dinner, scholarship opportunities, prom,
grad night and other opportunities for qualified GTHS
seniors.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
• Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of
revenue receipts and expenditure disbursements against approved budget
appropriations; and
• Goal #4 - Develop and Implement Successful Partnerships through productive
collaboration with community groups, youth programs and senior organizations.
BACKGROUND:
In past fiscal years, the City Council has approved the use of funds for the
establishment of the Community Benefits Fund Grant Program. The purpose of the
Community Benefits Fund Grant Program is to provide funding for local youth programs,
community events, community fee waivers, and be used as an economic development
tool for small business development in the City. Each year, part of these funds has been
designated for the City’s annual Light Up Grand Terrace event.
For Fiscal Year 2022-23, the City Council has approved the use of $20,000 toward
community benefit funded programs and activities.
Various youth and senior program activities have benefited from the Community
Benefits Fund including the Foundation of Grand Terrace, the REC Center, several
youth sports leagues, and the Friends of the Grand Terrace Library.
Attachment A provides a summary of awarded grants by fiscal year and the recipients of
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said grants awarded in each fiscal year.
DISCUSSION:
I. Application received from the Foundation of Grand Terrace, Youth
The Organization’s mission is to provide funding for memorable events, scholarships,
college application fees and more to our graduating GTHS seniors in need of financial
assistance.
Below summarizes the current application submitted by the Organization:
Project Title: Class of 2023 Senior Legacy Committee
Project Activity: Funding for qualified GTHS seniors to potentially
include Prom, Grad Night, Senior Inspiration
dinner, Scholarship opportunities, college
application fee assistance and other
opportunities to be determined as they arise.
Public Purpose: Our graduating seniors are part of this
community and their success is our success.
Amount Requested: $2,000.00
Utilization of Funds: Funds would be utilized to pay for graduating
senior events for students who qualify for the
assistance through a rigorous validation process
from SLC and GTHS administration
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Community Benefit Fund grant application in the amount of not to
exceed $2,000 to the Foundation of Grand Terrace,Youth.
Upon City Council approval, the applicant will comply with the following, if they have not
already done so:
1. Issue the City of Grand Terrace an invoice for the grant amount;
2. Ensure that the City is mentioned/included as a sponsor in any material
advertising the activity or event;
3. Complete a W-9 form for reporting purposes; and
4. Submit receipts within 30 days of the event/activity showing that the funds
provided were used for their original intent.
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Attached is the application received from the Grand Terrace Cars & Coffee.
FISCAL IMPACT:
Funds in the amount of $20,000.00 have been approved for the program and
established in the Community Benefits Fund (Fund 61). If approved, the table below will
show the balances of each category remaining in the fund:
FY2022-23 Community Benefits Fund
Fund
No.
Acct.
No.
Account Title Approved
Budget
Awarded
Grants
Balance
as of
Decemb
er-2022
Proposed
Grant
Awards
Revised
Balance
61 461-
100
Non-Profit
/Service
Organizations
$10,000 $2,310 $7,690 ($2,000) $5,690
TOTAL $10,000 $2,310 $7,690 ($2,000) $5,690
ATTACHMENTS:
• Foundationof Grand Terrace, Youth (PDF)
• Community Benefits Fund Award History (XLSX)
APPROVALS:
Christine Clayton Completed 01/26/2023 3:05 PM
Finance Completed 01/26/2023 3:05 PM
City Manager Completed 02/08/2023 4:00 PM
City Council Pending 02/14/2023 6:00 PM
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Title 2015-16 2016-17 2017-18 2018-19 2019-20 2021-22 2022-23 TOTAL 2022-23 TOTAL
TO DATE
Proposed
in
Nov-2022 REVISED
YOUTH / SCHOOL ORGANIZATIONS
Grand Terrace Community Basketball 1,136$ -$ -$ 1,450$ -$ -$ 2,586$ -$ 2,586$
Grand Terrace High School Football Boosters - - - 2,000 2,000 - 4,000 - 4,000
Grand Terrace High School Legacy Regiment Boosters - - - 2,000 - - 2,000 - 2,000
Grand Terrace High School Boys Basketball - - - - 2,000 - 2,000 - 2,000
Grand Terrace High School Titan Wrestling Team - - - - 1,997 - 2,000 3,997 - 3,997
Grand Terrace Little League 2,000 - 2,000 - - - 4,000 - 4,000
Grand Terrace Youth Football & Cheer - 4,000 2,000 - - - 6,000 - 6,000
Terrace View Elementary PTA 1,000 671 1,517 700 - 1,805 1,725 7,418 - 7,418
4,136$ 4,671$ 5,517$ 6,150$ 5,997$ 1,805$ 3,725$ 32,001$ -$ 32,001$
NON-PROFIT / SERVICE ORGANIZATIONS
American Cancer Society -$ -$ 2,000$ -$ -$ -$ 2,000$ -$ 2,000$
Drug Alternative Program - 2,000 - - - - 2,000 - 2,000
Foundation of Grand Terrace 2,350 2,000 1,830 - - 2,000 2,000 10,180 - 10,180
Friends of Grand Terrace Library 3,750 2,000 2,000 4,000 - - 11,750 - 11,750
Grand Terrace Lions Club - 620 - - - - 620 - 620
Sheriff’s Central Station Explorer Program - - - 2,000 - - 2,000 - 2,000
The REC Center 2,187 310 - 3,100 - - 5,597 - 5,597
Grand Terrace Cars & Coffee - - - - - 2,000 2,000 4,000 2,000 6,000
Christ the Redeemer Catholic Church - - - - - - 310 310 310
Family Service Association - - - - 2,000 - - 2,000 - 2,000
8,287$ 6,930$ 5,830$ 9,100$ 2,000$ 4,000$ 4,310$ $40,457 2,000$ 42,457$
TOTAL 12,423$ 11,601$ 11,347$ 15,250$ 7,997$ 5,805$ 8,035$ 72,458$ 2,000$ 74,458$
City of Grand Terrace
Community Benefit Grant Awards
GRANT AWARD HISTORY as of June 30, 2022 and Approved & Proposed Applications for January 2023
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: State Fire Marshall Changes in High Fire Hazard Severity
Zone
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council receive and file the information.
2030 VISION STATEMENT:
This staff report supports Goal No. 2: Maintain Public Safety.
BACKGROUND:
State Fire Marshal shall classify lands within state responsibility areas into fire hazard
severity zones per Public Resource Code Section 4202. Zones are based on fuel
loading, slope, fire weather, and other relevant factors present, including areas where
winds have been identified by the department as a major cause of wildfire spread.
Cal Fire developed and field-tested a model that evaluated the probability of the area
burning and the potential fire behavior in the area. Many factors were included such as
fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and
weather. The updated map includes new factors such as land use changes, recent fire
history, new significant wind event data, and local climate data.
“The Fire Hazard Severity Zone map evaluates “hazard,” not “risk”. “Hazard” is based
on the physical conditions that create a likelihood and expected fire behavior over a 30
to 50-year period without considering mitigation measures such as home hardening,
recent wildfire, or fuel reduction efforts. “Risk” is the potential fire damage to the area
under existing conditions, accounting for any modifications such as fuel reduction
projects, defensible space, and ignition-resistant building construction”.
DISCUSSION:
The following are the major changes:
• Grand Terrace / Reche Canyon – add more acreage to very high hazard and
change existing high hazard to very high hazard.
There are no changes to the Very High Fire Hazard Zone map. The current CalFire map
is congruent with the one in the City’s General Plan.
ENVIRONMENTAL IMPACT
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None.
FISCAL IMPACT:
None.
ATTACHMENTS:
• Very High Fire Danger Map (DOCX)
• Very High Fire Hazard Severity Zone Map (PDF)
APPROVALS:
Konrad Bolowich Completed 02/08/2023 3:58 PM
City Manager Completed 02/08/2023 4:01 PM
City Council Pending 02/14/2023 6:00 PM
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FIRE SEVERITY HAZARD ZONES
PREVIOUS
NEW
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Contract for Animal Shelter Services with the City of San
Bernardino
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Authorize the City Manager to execute an agreement, in
substantially the same form as attached, between the City of
Grand Terrace and City of San Bernardino for animal
sheltering services
2030 VISION STATEMENT:
This staff report supports Goal #1 to Ensure our Fiscal Viability.
BACKGROUND:
On April 24, 2018, the City Council directed staff to contract with the County of
Riverside for animal sheltering services at the Jurupa Shelter. At that time, the City of
San Bernardino was determining whether they would outsource sheltering services or
continue to operate their shelter. The City of San Bernardino has since invested in
refurbishing its shelter, expanding capacity, and improving its program.
DISCUSSION:
Riverside County has been a reliable partner in providing shelter services.
Unfortunately, the shelter is approximately thirty minutes from Grand Terrace. This
means that every impound removes our officer from the City for one and one-half to two
hours. It also means that residents must travel that distance to reclaim or surrender their
animals. The San Bernardino shelter is less than five miles from the City. This will make
an animal recovery for the residents easier and increase officer efficiency.
ENVIRONMENTAL IMPACT:
None
FISCAL IMPACT:
The current impound cost at Riverside County is $150.53 per animal Impounded. The
City of San Bernadino rate is $141.00 per animal impounded. There would be a modest
savings of $9.53 per animal impounded by switching shelters.
ATTACHMENTS:
• San Bernardino - Grand Terrace Animal Services Agreement (DOCX)
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APPROVALS:
Konrad Bolowich Completed 02/08/2023 1:11 PM
Finance Completed 02/08/2023 1:15 PM
City Manager Completed 02/08/2023 4:01 PM
City Council Pending 02/14/2023 6:00 PM
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01247.0001/840552.2 1
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND
TERRACE
This AGREEMENT FOR ANIMAL SHELTER SERVICES (“Agreement”), is made and entered
into as of __________, 2023 (“Effective Date”) by and between the CITY OF SAN
BERNARDINO, a charter city and municipal corporation (“CITY”), and the CITY OF GRAND
TERRACE, a municipal corporation (“SHELTER PARTNER”), collectively referred to as the
“Parties” and individually as a “Party”.
RECITALS
WHEREAS, SHELTER PARTNER desires to contract with CITY to provide animal
shelter services for the purpose of safeguarding the health and safety of SHELTER PARTNER’s
population and the health and safety of its domestic animals;
WHEREAS, Parties desire to promote the humane treatment of animals;
WHEREAS, CITY has the personnel and experience to provide such services and is willing
to enter into a contract with SHELTER PARTNER for the provision of such services subject to
the terms and conditions for compensation as hereinafter set forth; and
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and
advantages herein stated, the Parties hereto agree as follows:
SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:
The aforementioned Recitals are true and correct and incorporated herein by this reference.
B. CITY Obligations:
CITY shall provide the shelter services for animals delivered to CITY’s shelter from the
jurisdictional boundaries of SHELTER PARTNER as outlined and specified in Exhibit A,
Scope of Animal Shelter Services, attached hereto and by incorporated herein by this reference
(“Services”).
C. SHELTER PARTNER Obligations:
1. SHELTER PARTNER shall reimburse CITY for the Services performed and the
expenses incurred as set forth in Section III (Compensation) of this Agreement, and
pursuant to the terms and conditions of this Agreement.
2. SHELTER PARTNER shall amend its rules and policies, including its Municipal
Code, as necessary to comport to CITY’s shelter operating standards and fee
schedule. SHELTER PARTNER and CITY will work collaboratively to identify
which, if any, rules and policies require amendment and which fees must be
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01247.0001/840552.2 2
adopted. Notwithstanding the foregoing, SHELTER PARTNER retains all
legislative authority pertaining to the regulation of animals within its jurisdiction.
3. SHELTER PARTNER shall comply with all requirements for animal drop off
identified in Exhibit A.
SECTION II. TERM
The term of this Agreement shall run from the Effective Date and continue until June 30, 2024
unless terminated in accordance with Section VI (Termination) of this Agreement (“Term”).
SHELTER PARTNER may, by written notice submitted to CITY no later than 30 days prior to
the end of the Term, extend the contract twice by an additional one year term. In no event shall
the Agreement extend beyond June 30, 2026 absent a formal amendment. Upon receipt of a notice
to extend the Term, CITY may issue an increase in the rates charged to SHELTER PARTNER set
forth in Section III (Compensation) of this Agreement. Upon receipt of the new rates, SHELTER
PARTNER may rescind its option to extend the Term.
SECTION III. COMPENSATION
SHELTER PARTNER shall reimburse CITY for the services performed and the expenses incurred
in accordance with Exhibit B, Compensation.
CITY shall invoice SHELTER PARTNER on a monthly basis. Payment shall be due and payable
by SHELTER PARTNER within 30 days following its receipt of CITY’s invoice.
SECTION IV. HOLD HARMLESS/INDEMNIFICATION
A. SHELTER PARTNER shall defend (with counsel reasonably approved by CITY),
indemnify and hold CITY, its elected and appointed officials, officers, employees, agents,
and authorized volunteers free and harmless from any and all claims, demands, causes of
action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any alleged acts, errors or omissions, or willful misconduct of SHELTER
PARTNER, its officials, officers, employees, subcontractors, consultants or agents in
connection with the SHELTER PARTNER’s operations (including animal control
operations, decisions to seize or impound an animal, and animal licensing), including
without limitation the payment of all damages, expert witness fees, attorneys’ fees and
other related costs and expenses. This indemnification clause excludes Claims arising from
the gross negligence or willful misconduct of CITY. SHELTER PARTNER’s obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by CITY, the
City Council, members of the City Council, its employees, or authorized volunteers.
SHELTER PARTNER’s indemnification obligation shall survive the expiration or earlier
termination of this Agreement.
With respect to any action or claim subject to indemnification herein by SHELTER
PARTNER, SHELTER PARTNER shall, at its sole cost, have the right to use counsel of
its own choice and shall have the right to adjust, settle, or compromise any such action or
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01247.0001/840552.2 3
claim without the prior consent of CITY; provided, however, that any such adjustment,
settlement or compromise in no manner whatsoever limits or circumscribes SHELTER
PARTNER’s indemnification to CITY as set forth herein. SHELTER PARTNER’s
obligation to defend, indemnify and hold CITY harmless shall be subject to CITY having
given SHELTER PARTNER written notice within a reasonable period of time of the claim
or of the commencement of the related action, as the case may be, and information and
reasonable assistance, at SHELTER PARTNER’s expense, for the defense or settlement
thereof. SHELTER PARTNER’s obligation hereunder shall be satisfied when SHELTER
PARTNER has provided to CITY the appropriate form of dismissal relieving CITY from
any liability for the action or claim involved.
B. CITY shall defend (with counsel reasonably approved by SHELTER PARTNER),
indemnify and hold the SHELTER PARTNER, its elected and appointed officials, officers,
employees, agents, and authorized volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, “Claims”) in any manner
arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of CITY, its officials, officers, employees, subcontractors, consultants or
agents in connection with CITY’s Services under this Agreement (including, for example,
allegations of CITY neglect of an impounded animal), including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the gross negligence
or willful misconduct of SHELTER PARTNER. CITY’s obligation to indemnify shall not
be restricted to insurance proceeds, if any, received by SHELTER PARTNER, its City
Council, members of the City Council, its employees, or authorized volunteers. CITY’s
indemnification obligation shall survive the expiration or earlier termination of this
Agreement.
With respect to any action or claim subject to indemnification herein by CITY, CITY shall,
at its sole cost, have the right to use counsel of its own choice and shall have the right to
adjust, settle, or compromise any such action or claim without the prior consent of
SHELTER PARTNER; provided, however, that any such adjustment, settlement or
compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to
SHELTER PARTNER as set forth herein. CITY’s obligation to defend, indemnify and
hold SHELTER PARTNER harmless shall be subject to SHELTER PARTNER having
given CITY written notice within a reasonable period of time of the claim or of the
commencement of the related action, as the case may be, and information and reasonable
assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation
hereunder shall be satisfied when CITY has provided to SHELTER PARTNER the
appropriate form of dismissal relieving SHELTER PARTNER from any liability for the
action or claim involved.
SECTION V. INSURANCE
CITY and SHELTER PARTNER agree to maintain adequate insurance to cover their obligations
under this Agreement.
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01247.0001/840552.2 4
SECTION VI. TERMINATION
A. Either Party may terminate this Agreement without cause upon 180 days’ prior written
notice to the other Party stating the effective date of termination.
B. Either Party may terminate this Agreement for cause upon thirty (30) days prior written
notice to the other Party should the other Party fail to comply with any provision of this
Agreement. Prior to issuing said notice, the Party issuing said notice shall provide a
reasonable opportunity to cure said default by the Party alleged to be in default.
SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its
reasonable control, and which could not have been reasonably anticipated, such as acts of God,
acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure
to comply.
SECTION VIII. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms
of this Agreement shall be in writing and signed by the Parties hereto.
This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with
respect to its subject matter and supersedes all prior and contemporaneous representations,
proposals, discussions and communications, whether oral or in writing.
SECTION IX. SEVERABILITY
Each paragraph or provision of this Agreement is severable from each other provision, and if any
provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in
full force and effect.
SECTION X. NO THIRD PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties
only. No rights are created under this Agreement in favor of any third party or any party who is
not a direct signatory to this Agreement.
SECTION XI. DISPUTE RESOLUTION AND VENUE
A. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not
successful, the dispute shall be referred to the senior management of the Parties.
B. Prior to filing any legal action related to this Agreement, the Parties shall be obligated to
attend a mediation session before a neutral third party mediator. A second mediation
session shall be required if the first session is not successful. The Parties shall equally
share the reasonable cost of the neutral third party mediator; however, each Party shall be
responsible for their own respective costs (e.g., staff costs and attorneys’ fees and costs).
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C. This Agreement shall be governed by the laws of the State of California. Any legal action
related to the performance or interpretation of this Agreement shall be filed only in the
Superior Court of the State of California located in San Bernardino, California, and the
Parties waive any and all provisions of law providing for a change of venue to another
location.
SECTION XII. ASSIGNMENT
This Agreement shall be binding upon the Parties and their successors in interest. Neither this
Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned
by the Parties without the prior written consent of the other Party.
SECTION XIII. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to
the respective Parties at the addresses set forth below and are deemed submitted two (2) days after
their deposit in the United States mail, postage prepaid:
CITY:
City of San Bernardino
Attention: City Manager
290 North D Street
San Bernardino, CA 92401
SHELTER PARTNER:
City of Grand Terrace
Attention: City Manager
22795 Barton Rd.
Grand Terrace, CA 92313
SECTION XIV. CONTRACT PERFORMANCE
CITY’s Director of Animal Services, or designated representative, shall meet as necessary to
discuss contract performance with SHELTER PARTNER’s City Manager, or designated
representative.
SECTION XV. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of
convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way
the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION XVI. COUNTERPARTS; ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same Agreement, binding on all
of the Parties. This Agreement may be signed electronically.
SECTION XVII. WAIVER OF BREACH, RIGHT OR REMEDY
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The waiver by any Party of any breach or violation by another Party of any provision of this
Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not
waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall
not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in
writing and may not be presumed or inferred from any Party’s conduct. Except as expressly
provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be
exclusive of any other remedy, and each and every remedy shall be in addition to every other
remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or
otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of
the right to pursue other available remedies.
SECTION XVIII. INDEPENDENT CONTRACTOR
CITY is acting as an independent contractor to SHELTER PARTNER under this Agreement. Each
Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of
another Party to this Agreement.
SECTION XIX. COOPERATION, FURTHER ACT
The Parties shall reasonably cooperate fully with one another, and shall take any additional acts or
sign any additional documents as may be necessary, appropriate or convenient to attain the
purposes of this Agreement.
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01247.0001/840552.2 SIGNATURE PAGE
SIGNATURE PAGE TO
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF GRAND
TERRACE
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement.
CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By:__________________________
Robert D. Field
City Manager
CITY OF GRAND TERRACE,
a municipal corporation
By:__________________________
Konrad Bolowich
City Manager
ATTEST:
By:___________________________
City Clerk
ATTEST:
By:___________________________
City Clerk
APPROVED AS TO FORM:
By:___________________________
City Attorney
APPROVED AS TO FORM:
By:___________________________
City Attorney
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01247.0001/840552.2 EXHIBIT A – SCOPE OF SERVICES
EXHIBIT A
SCOPE OF SHELTER SERVICES
Services
CITY shall operate and maintain an animal shelter, and remain available for animal drop offs by
SHELTER PARTNER’s animal control officers seven (7) days per week from 8:30 a.m. to 4:30
p.m. (emergency drop offs may be permitted by CITY outside of these hours at its sole and absolute
discretion). The Parties anticipate that the CITY’s animal shelter located at 333 Chandler Place,
San Bernardino, CA 92408 will be utilized for this Agreement, provided that CITY may change
the animal shelter utilized for this Agreement by providing 30 days’ written notice to SHELTER
PARTNER. In the event that CITY changes the animal shelter utilized for this Agreement, such
animal shelter shall be located within XXXX miles of the SHELTER PARTNER’s jurisdictional
boundaries. In the event that CITY is unable to provide an animal shelter within XXXX miles of
the SHELTER PARTNER’s jurisdictional boundaries, SHELTER PARTNER may terminate this
Agreement in accordance with its Section VI. CITY will only accept animals picked up by
SHELTER PARTNER from within SHELTER PARTNER’s jurisdiction. SHELTER PARTNER
shall not attempt to drop off any animal picked up from outside the SHELTER PARTNER’s
jurisdiction.
CITY shall hold animals dropped off in accordance with Title 6 of the San Bernardino Municipal
Code, internal CITY policy, Title 6 of the Grand Terrace Municipal Code, and applicable law but
in no event for less time than required by law. Impound periods do depend on the type of impound.
CITY shall provide SHELTER PARTNER with monthly intake and outcome statistics for all
animals dropped off by SHELTER PARTNER or surrendered by a resident of SHELTER
PARTNER.
CITY shall accept stray and surrendered animals from owners and residents located in the
SHELTER PARTNER’s jurisdiction during CITY’s shelter’s normal hours for the public.
Services Not Provided
SHELTER PARTNER shall remain responsible for animal control services within its jurisdiction.
SHELTER PARTNER shall remain responsible for animal licensing within its jurisdiction.
SHELTER PARTNER Drop Off Requirements
SHELTER PARTNER animal control officers shall provide the following information at the
time of drop off for each animal dropped off at the animal shelter on any forms required by
CITY:
o Reason for pick up (e.g., stray, confiscation, bite quarantine, surrender etc.);
o Where picked up;
o When picked up; and
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01247.0001/840552.2 EXHIBIT A – SCOPE OF SERVICES
o Owner information (if known).
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01247.0001/840552.2 EXHIBIT B – COMPENSATION
EXHIBIT B
COMPENSATION
Animal Drop Offs
SHELTER PARTNER shall pay to CITY $141.00 per animal dropped off at CITY’s shelter. This
amount shall cover all Services provided by CITY, including sheltering of the animal ($123.00)
and CITY’s operations and maintenance costs for the shelter ($18.00).
Owner Surrenders
For every animal surrendered to CITY’s shelter by an animal owner from within SHELTER
PARTNER’s jurisdiction, SHELTER PARTNER shall pay to CITY $81.00. The surrendering
owner is obligated to pay the remaining $60.00 fee. This is consistent with CITY’s own surrender
policy.
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Amendment No. 1 to Agreement for City Attorney Services
with Aleshire & Wynder, LLP
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Approve the Amendment No. 1 to Agreement for City
Attorney Services with Aleshire & Wynder, LLP and
Authorize the Mayor to Execute Amendment No. 1
2030 VISION STATEMENT:
This staff report supports City Council Goal Number 1, “Ensure Our Fiscal Viability” by
reviewing expenditures related to City Attorney services to seek savings and explore a
creative means to provide those services.
BACKGROUND:
On October 10, 2018, the City Council appointed Adrian R. Guerra from the law firm of
Aleshire & Wynder, LLP, to serve as City Attorney and entered into a Contract Services
Agreement for City Attorney Services (“Agreement”). The Agreement has not been
amended since the original approval in 2018. Following the City Attorney’s review in the
fall of 2022 and subsequent Labor Negotiations closed sessions for the City Attorney,
the City Council directed the City Manager to prepare an amendment to the agreement
for City Attorney services with Aleshire & Wynder, LLP.
DISCUSSION:
Under the current Agreement, the City pays hourly rates for all services. The proposed
Amendment No. 1 to the Agreement changes the method of compensation to Aleshire &
Wynder, LLP to a fixed fee monthly retainer of $10,000 for up to 42 hours of general
services, which includes:
• Preparation for and attendance at City Council meetings, Planning Commission
meetings, and any other City meetings requested by the City.
• Attendance at weekly staff meetings, if requested by the City Manager, meetings
with City staff, and meetings with external parties relating to General Legal
Services.
• Providing routine legal advice, consultation, and opinions to the City Council,
commissions, or staff.
• Drafting, editing, and/or review of ordinances, resolutions, and other related
official documents.
• Drafting, negotiating, and/or review of agreements.
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• Assisting with any California Public Records Act requests or responses to
subpoenas for document production (where the city is not a party).
• Monitoring new legislation and court opinions and updating/advising the City
Council, commissions and staff as appropriate.
In any month when the City requires more than 42 hours of general services, the City
shall will Partners $250.00 per hour and Associates $240.00 per hour for General Legal
Services for those extra hours.
The City will continue with hourly rates for special projects and special services:
• Special projects are services similar in nature to General Legal Services
described above, but may require designation as single project that will be billed
separately from the General Retainer due to budgeting or tracking purposes,
because a significant amount of time will be dedicated to completion of a single
project, or because the project will be ongoing for more than one month. Special
Projects shall be pre-approved by the City Manager. City will pay Partners
$250.00 per hour and Associates $240.00 per hour for Special Projects.
• Special Services include, but are not be limited to, litigation matters, public
finance, disciplinary actions or hearings, personnel work, labor negotiations,
housing, cable television, water, toxics, refuse, franchising, enterprise activities
and any major contract negotiation involving more than 10 hours (with City
Manager approval). City will pay Partners $260.00 per hour and Associates
$240.00 per hour for Special Legal Services.
Below is a full summary of the proposed rates incorporated in Amendment No.1. Please
note that all amounts will be subject to a CPI increase each July 1 beginning on July 1,
2024 to keep pace with inflation.
Summary of Rate Structure Under Amendment No. 1.
Monthly General Retainer
Fixed $10,000 for up to 42 hours (costs not included)
Retainer work after 42 hours and Special Projects
Partner - $250/hr.
Associate - $240/hr.
Litigation/Special Services
Partner - $260/hr.
Associate - $240/hr.
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Summary of Rate Structure Under Amendment No. 1.
Risk Mgt. and Code Enforcement
$230/hr.
Reimbursable
For a business:
Partner - $350/hr.
Associate - $325/hr.
For an individual:
Partner - $310/hr.
Associate - $285/hr.
Bond
$400/hr.
Paralegal/Law Clerk
$160/hr.
Document Clerk
$140/hr.
CPI increase annually beginning July 1, 2024, for all amounts shown
In addition to the amendment to the rate structure discussed above, Amendment No. 1
also removes specific names of attorneys referenced in the original Agreement that are
now outdated. Rather than specify new names, Amendment No. 1 grants flexibility to
the attorneys at Aleshire & Wynder who will provide services to the City. This is best
summarized in the new Section 4, which will state:
“In addition to Adrian R. Guerra acting as City Attorney/Agency Counsel,
City Attorney shall designate an Assistant City Attorney and appoint
various deputies as City Attorney deems appropriate to meet the needs of
the City, without the need for amendment hereof. The City Manager shall
approve any change to the Assistant City Attorney. A&W will exercise its
discretion to utilize whichever attorney(s) (and staff) it determines to be
best suited to its rendition of legal services under this Agreement,
consistent with the competent and efficient rendering of legal services,
and with a view toward rendering such services in an economically
efficient manner.”
FISCAL IMPACT:
Assuming the City incurs less than 42 hours of general services each month, the City
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will only pay $10,000 for general services each month and $40,000 for the remainder of
the fiscal year. For the fiscal year of 2023-24, again based on the assumption that the
City incurs less than 42 hours of general services each month, the City will only pay
$120,000 for the entire fiscal year for general services. These amounts do not include
fees subject to hourly rates as shown above.
ATTACHMENTS:
• Fee Agreement 01247-0001 (City of Grand Terrace) 10_11_18 (PDF)
• Grand Terrace_ 1st Amendment to Retainer Agreement (DOCX)
APPROVALS:
Konrad Bolowich Completed 02/08/2023 11:49 AM
City Manager Completed 02/08/2023 4:00 PM
City Council Pending 02/14/2023 6:00 PM
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01247.0001/856048.1
AMENDMENT NO. 1
TO CONTRACT SERVICES AGREEMENT FOR
CITY ATTORNEY SERVICES
CITY OF GRAND TERRACE
This AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR CITY
ATTORNEY SERVICES (“Amendment No. 1”) is made and entered into this 14th day of
February, 2023, by and between the law firm of ALESHIRE & WYNDER, LLP, a California limited
liability partnership (“A&W” or Firm”), and the CITY OF GRAND TERRACE (“City”), a general
law city. The term “City” shall also include the Grand Terrace Successor Agency and all other City
boards and commissions.
RECITALS
WHEREAS, City and the Firm entered into that certain Agreement entitled “Contract
Services Agreement for City Attorney Services” (the “Agreement”) on October 10th of 2018; and
WHEREAS, it is the desire of the City and the Firm to amend the Agreement as set forth in
this Amendment No. 1 to: 1) update the attorneys that may perform services for the City; and 2)
amend the compensation structure for performance of services by the Firm.
AGREEMENT
In consideration of the foregoing Recitals and for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, City and the Firm agree as follows:
Section 1. Section 1, “APPOINTMENT”, is hereby amended and shall now read as
follows:
“City Council hereby appoints A&W as the City Attorney to render such legal
services as are customarily rendered by such officials and as further specified herein,
including attending meetings of the City Council, Successor Agency, Planning
Commission and other boards and bodies of City, and its affiliated agencies, as
directed by the City. As of the effective date of this Agreement, Adrian R. Guerra is
appointed and designated as the City Attorney.”
A&W represents that it employs, or will employ at its own expense, all personnel
required for the satisfactory performance of any and all tasks and services set forth
herein. A&W shall not replace the designated City Attorney (or any successors to
such person) without the City Council’s prior approval, except from time to time as
may be necessary due to illness or vacation scheduling. Approval of any such
temporary substitute shall be obtained from the City Manager.”
Section 2. Section 3, “CITY DUTIES”, is hereby amended and shall now read as
follows:
“City agrees to provide such information, assistance, cooperation, and access to
books, records, and other information, as is necessary for A&W to effectively render
C.7.b
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01247.0001/856048.1
its professional services under this Agreement. To the extent City desires services to
be rendered on site, City, at City’s expense, will make available sufficient office
space, furniture, telephones, computers, facsimile machines, and secretarial support,
as approved by the City Manager, as may be necessary therefor. City further agrees
to abide by this Agreement, and to timely pay A&W’s bills for fees, costs, and
expenses.”
Section 3. Section 4, “PERSONNEL”, is hereby amended and shall now read as
follows:
“In addition to Adrian R. Guerra acting as City Attorney/Agency Counsel, City
Attorney shall designate an Assistant City Attorney and appoint various deputies as
City Attorney deems appropriate to meet the needs of the City, without the need for
amendment hereof. The City Manager shall approve any change to the Assistant
City Attorney. A&W will exercise its discretion to utilize whichever attorney(s) (and
staff) it determines to be best suited to its rendition of legal services under this
Agreement, consistent with the competent and efficient rendering of legal services,
and with a view toward rendering such services in an economically efficient
manner.”
Section 4. Section 5, “COMPENSATION”, is hereby amended and shall now read
as follows:
“City shall pay compensation to the Firm for performance of services herein in
accordance with A&W’s Fee Arrangement, as set forth in Exhibit “A”, and
Statement of Billing Practices, as set forth in Exhibit “B”. Both exhibits are attached
hereto and incorporated herein by this reference.”
Section 5. Exhibit “A” of the Agreement, entitled “Fee Arrangement” shall be replaced
in its entirety with Exhibit “A” to this Amendment.
Section 6. Except as set forth herein, all other terms, conditions, and provisions of the
Agreement, as amended, shall remain in full force and effect.
[SIGNATURES NEXT PAGE]
C.7.b
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01247.0001/856048.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the
date and year first-above written.
CITY:
CITY OF GRAND TERRACE,
a municipal corporation
___________________________
Bill Hussey, Mayor
ATTEST:
___________________________
Debra Thomas, City Clerk
THE FIRM:
ALESHIRE & WYNDER, LLP
By:_________________________________
Adrian R. Guerra, Equity Partner
[END OF SIGNATURES]
C.7.b
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01247.0001/856048.1
EXHIBIT “A”
FEE ARRANGEMENT
Effective March 1, 2023, the following fee arrangement shall apply. On July 1, 2024 and on July
1 of every year thereafter, an increase to the applicable rates and retainer amount shall be
implemented at the then most currently available Consumer Price Index (“CPI”), rounded up to
the nearest dollar, for all urban consumers in the Riverside - San Bernardino areas as published
by the United States Government Bureau of Labor Statistics.
I. General Retainer.
A. City shall pay a fixed fee of $10,000.00 per calendar month for up to 42 hours of
General Legal Services. City shall pay Partners $250.00 per hour and Associates
$240.00 per hour for General Legal Services after 42 hours have been incurred per
calendar month.
B. General Legal Services are defined below:
1. Preparation for and attendance at City Council meetings, Planning
Commission meetings, and any other City meetings requested by the City.
2. Attendance at weekly staff meetings, if requested by the City Manager,
meetings with City staff, and meetings with external parties relating to
General Legal Services.
3. Providing routine legal advice, consultation, and opinions to the City
Council, commissions, or staff.
4. Drafting, editing, and/or review of ordinances, resolutions, and other related
official documents.
5. Drafting, negotiating, and/or review of agreements.
6. Assisting with any California Public Records Act requests or responses to
subpoenas for document production (where the city is not a party).
7. Monitoring new legislation and court opinions and updating/advising the City
Council, commissions and staff as appropriate.
II. Special Projects.
A. City shall pay Partners $250.00 per hour and Associates $240.00 per hour for Special
Projects.
B. Special Projects are services similar in nature to General Legal Services, but may
require designation as single project that will be billed separately from the General
Retainer due to budgeting or tracking purposes, because a significant amount of time
will be dedicated to completion of a single project, or because the project will be
C.7.b
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01247.0001/856048.1
ongoing for more than one month. Special Projects shall be pre-approved by the City
Manager.
III. Special Legal Services.
A. City shall pay Partners $260.00 per hour and Associates $240.00 per hour for Special
Legal Services.
B. Special Legal Services shall include, but not be limited to, litigation matters, public
finance, disciplinary actions or hearings, personnel work, labor negotiations, housing,
cable television, water, toxics, refuse, franchising, enterprise activities and any major
contract negotiation involving more than 10 hours (with City Manager approval).
IV. Insurance defense/risk management, and code enforcement litigation services.
A. City shall pay Partners and Associates $230.00 per hour.
V. Reimbursable Services.
A. Where there is an opportunity to obtain cost recovery through a private party, City
shall pay the hourly rates below which shall be reimbursed by the private party:
For a business entity:
Partner - $350/hr.
Associate - $325/hr.
Paralegal/Law Clerks - $175/hr.
For an individual:
Partner - $310/hr.
Associate - $285/hr.
Paralegal/Law Clerks - $150/hr.
VI. Public Finance.
A. For Bond or Financial services in connection with the issuance or potential issuance
of debt, loans, certificates of participation including formation of assessment or
community facilities districts, etc., the hourly rate shall $400.00 per attorney hour.
Paralegal, law clerk, or project specialist time shall be billed at $175.00 per hour.
B. Expenses shall be charged at the cost thereof, which expenses shall include the cost
of special tax counsel, if applicable, in an amount not to exceed $5,000.00 and a not
to exceed other expenses fee (excluding special tax counsel) of $2,500.00 per bond
transaction.
VII. Paralegals, Law Clerks, and Document
A. City shall pay Paralegals and Law Clerks at the rate of $160 per hour.
C.7.b
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01247.0001/856048.1
B. City shall pay Document Clerks at the rate of $140 per hour.
VIII. Costs and Out of Pocket Expenses
A. In addition to the foregoing, the Firm shall be reimbursed for out-of-pocket expenses
as described in the attached Exhibit B.
IX. This arrangement shall remain in effect until amended.
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Approval of Amendment to the Agreement Between the City
of Grand Terrace and Willdan Engineering and to Lessen the
Terms Thereof and to Increase the Compensation of the
Willdan Engineering Agreement
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: Approve Amendment No. 2 to the Agreement for On-Call
Engineering Services with Willdan Engineering (dated July
14, 2020), which lessens the Agreement to June 30, 2023,
and increases the total compensation by $65,000 (total
compensation $158,290);
Authorize the Mayor to execute the above-mentioned
amendments subject to the City Attorney’s approval as to
form.
2030 VISION STATEMENT:
This staff report supports the Mission to preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government. It also supports our Core Values by continuing to provide
exceptional customer service to the residents of the City of Grand Terrace.
BACKGROUND:
Today the Public Works Department is clearly focused on the development of new
infrastructure, maintenance of existing infrastructure, and management of Public Works
Consultant Services. The Public Works Department is in a unique position, has a
considerable number of projects are funded by special funds and grants, which are not
subject to general fund fluctuations. Therefore, Public Works project delivery is
contingent on adequate staff resources and not budget constraints.
In the summer of 2021, a new Public Works Director/P.E. was hired; however, on
January 7, 2022, the Public Works Director/P.E. left the City, which required the City to
heavily utilize on-call engineering consultants.
DISCUSSION:
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The City can utilize the above-mentioned engineering consultants on an as-needed
basis, which affords the City an opportunity to access resources without a long-term
commitment. In the past, the City utilized this process for special services and the on-
call approach will allow these resources to be on standby. These services are
specialized in nature and are not performed by City staff given the City’s staffing levels.
None of the tasks associated with on-call engineering services can be performed by any
city represented positions (classified city positions). Staff is confident that continuing
with on-call engineering services will allow projects to be expedited.
Staff recommends increasing the agreement about by $65,000 to cover the expenses
for the remainder of FY 2022-23. This adjustment will result in a total compensation to
Willdan in the amount of $158,290. Further, Staff recommends that City Council
lessen the term of the Willdan Agreement from July 14, 2023, to June 30, 2023 so that
it coincides with the ending of the fiscal year (as authorized by the Willdan
Agreement).
FISCAL IMPACT:
Available funding in Public Works > Professional Services 10-175-250-000-000 in the
amount of $65,000.
ATTACHMENTS:
• Attachment 1 - Willdan Agreement (On-Call Engineering Services)(PDF)
• Attachment 3 - Proposed Amendment No. 2 to Willdan Agreement(DOCX)
• Attachment 2 - Amendment No. 1 Willdan Engineering (PDF)
APPROVALS:
Shanita Tillman Completed 01/23/2023 4:17 PM
Finance Completed 01/30/2023 9:06 AM
City Manager Completed 01/31/2023 10:41 AM
City Council Pending 02/14/2023 6:00 PM
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2020-17
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
WILLDAN ENGINEERING
for
ON-CALL ENGINEERING SERVICES
01247.0006/656677.2 7/9/2020
recyclable
material as mandated
under
the California Green Code and City of Grand
Terrace Municipal Code.10.The applicant shall submit a completed Construction & Demolition (
C&D)Waste Diversion Program / Waste Management Plan (WMP) form along with the required
C&D deposit based per square footage of construction and/
or demolition prior to building permit issuance.11.
Project with new landscape areas of
500 square feet or more are
subject to the 2015 Model
Water Efficient Landscape Ordinance (MWELO).
lifornia.Debra L. Thomas City Clerk
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
WILLDAN ENGINEERING FOR
ON-CALL ENGINEERING SERVICES
This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING
SERVICES" (herein"Agreement") is made and entered into this 1414day of juicy , 2020 by
and between the City of Grand Terrace, a California municipal corporation ("City") and Willdan
Engineering, a California corporation ("Consultant"). City and Consultant are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
Parties."
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance ofthose
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 ofthe mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions ofthis Agreement,.the Consultant shall provide
those services specified in the"Scope ofServices"attached hereto as Exhibit"A"and incorporated
herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes ofthis 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.
01247.0006/656677.2 7/9/2020
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J-
5 Fire Inspection will be required during Hydrant installation.1. Indicate on Plans the Turning radius as required
on Standard A-1 2. Fire lane to be 26
ft, indicate on plans on all drive aisles.
3. Resubmit Plans.v 19.02.0 Page 2 of 3 to manage
water quality and hydrologic effects of the proposed Project.Specifically, the LID BMPs shall
be implemented to
ensure the Project meets or exceeds the minimum
design capture volume of the site.PC Reso No. 2020-03
Page 10 of 14 July
16,
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1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms ofsuch proposal and this Agreement,the terms ofthis Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
maybe required by law for the performance ofthe services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant's
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment,materials,papers, documents,plans,studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
01247.0006/656677.2 7/9/2020
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Indicate on Plans
the Turning radius as required on Standard A-1 2. Fire lane to
be 26 ft, indicate on plans on all drive aisles.3. Resubmit Plans.v
19.02.0
Page 2 of 3 to manage water quality
and hydrologic effects of the proposed Project.Specifically, the LID BMPs
shall be implemented to ensure
the
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in(i)the Contract Sum for the actual costs ofthe extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or$25,000,whichever is less; or, in the time to perform of up to one hundred eighty
180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless.the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other
provisions of this Agreement, the provisions of Exhibit `B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation,including reimbursement for actual
expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless
additional compensation is approved pursuant to Section 1.8.
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Page 2 of 3
to manage water quality and
hydrologic
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City's Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category)., travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five(45) days of receipt of Consultant's correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition,upon issuance of
a Notice to Proceed on a Task Order,time is of the essence in the performance of the Task Order's
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding two (2)
years from the date hereof The City in its sole and absolute-discretion may extend the term ofthis
Agreement by one(1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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view and payment by City for any invoice provided
by
the Consultant shall
not constitute a waiver of any rights or remedies provided herein or any applicable
law.2.5 Waiver.Payment to Consultant for work
performed pursuant to this Agreement shall not
be
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Fredrick Wickman, PE Project Manager
Name) Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors,ifany, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by
the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
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time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent(25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in.this Agreement.
c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any
automobile.
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mpensation or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain
at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role. Consultant shall
not
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d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage maybe written on a"claims made"basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant's services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty(30) days prior written notice
by certified mail return receipt requested to the City. In the event any ofsaid policies of insurance
are cancelled,the Consultant shall,prior to the cancellation date,submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation"notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
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ll perform all services required herein as an independent contractor of City and shall remain at
all
times as to City a wholly
independent
contractor with only such obligations
as are consistent with that role. Consultant shall not at any 01247.0006/6566772 7/9/
2020 7-
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs;products and completed operations of Consultant;premises owned,occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant's
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant's activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City,its officers, employees and agents("Indemnified Parties") against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or
liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
Connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors'
reckless or willful misconduct,or arising from Consultant's or indemnitors'negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
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rein as an independent contractor of City and shall remain
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wholly
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obligations as are consistent with that role. Consultant shall not at any 01247.0006/6566772 7/
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a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's
fees incurred in connection therewith;
b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work,operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney's
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City's negligence, except that
design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency ofInsurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating
Guide,The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk
Manager") due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies maybe changed accordingly upon receipt
of written notice from the Risk Manager.
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erm,
provision,
covenant or condition of this
Agreement, and in connection therewith:01247.0006/656677.2 7/9/2020 10-rein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as
are
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ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers,books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three(3)years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant's business, custody of the
books and records may be given to City, and access shall be provided by Consultant's successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials"),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City's choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment ofthe documents and materials hereunder. Any use,reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City's sole risk and without
liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney,voluntarily provide documents,declarations,letters ofsupport,testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided
Consultant gives City notice of such court order or subpoena.
c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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horization
by the Consultant will be at the City's sole risk and without liability to Consultant, and
Consultant's guarantee and warranties shall not extend to such use,reuse or assignment. Consultant
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms ofthis Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative,the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because ofsuch withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section,the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney's Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement,the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
01247.0006/656677.2 7/9/2020
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may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/
9/2020 12-
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation,marital status,national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all ofthe provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney's fees, incurred by City.
01247.0006/656677.2 7/9/2020
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stated.7.9 Attorney's Fees.If either party
to this Agreement is required
to initiate or defend or made a party to any action or proceeding in any way connected with
this Agreement,the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees.
Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to
attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and
discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-
euse or assignment. Consultant may retain copies
of
such documents for its
own use. Consultant 01247.0006/656677.2 7/9/2020 12-
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand,request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72)hours from the time
ofmailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses,paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party ofthe basic benefit
of their bargain or renders this Agreement meaningless.
01247.0006/656677.2 7/9/2020
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7.9 Attorney's Fees.If either
party to this Agreement is
required to initiate or defend or made a party to any action or proceeding in any way connected
with this Agreement,the prevailing party in such action or proceeding, in addition to any other
relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's
fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled
to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions
and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020
15-euse or assignment. Consultant may retain
copies
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9.6 Warranty& Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
financial interest" shall be consistent with State law and shall not include interests found to be
remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation,including but not limited to the Political Reform Act(Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including,but not limited to, any City official, officer, or employee, any money,
consideration, or other thing ofvalue as a result or consequence ofobtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as -a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant's Authorized Initials Urn
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]
01247.0006/656677.2 7/9/2020
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17-7.9
Attorney's Fees.If either
party to this Agreement is required to initiate or defend or made a party to any action or
proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding,
in addition to any other relief which may be granted, whether legal or equitable,shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and
in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for
investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/
656677.2 7/9/2020 15-euse
or
assignment. Consultant may retain
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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 unicipal corporation
Darcy cNab ,
7ST:ebra homas, City Clerk
APPROVED AS TO FORM:
ALESHIRE &LP
Adrian R. Guerra, City Attorney
CONSULTANT:
Willdan Engineering, a California corporation
By:
Name: Var=ss IA U
Title: 'Vic
By: vl1r1d7Name: uiTitle: d Otrmea
Address: Ax 3 0
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Two corporate officer signatures required when Consultant is a corporation,with one signature required from
each of the following groups: 1)Chairman of the Board,President or any Vice President; and 2)Secretary,any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01247.0006/656677.2 7/9/2020 19
nts that
it has not paid or given, and will
not pay or give,to
any third party including,but not
limited to, any City official, officer, or employee,
any money,consideration, or other thing of
value
as a result or consequence of obtaining
or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(
s),
omission(s), or other conduct or collusion
that would result in the
payment of any money,consideration, or other thing of value to any
third
party including, but not limited to,
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SDA d-B
On 66)9 ,2020 before me,- personally appeared (1 Poved to me on the
basis of satisfactory evidence to be the person( whose names(N) is/ re subscribed to the within instrument and
acknowledged to me that be/she/th13,y executed the same in li/her/tH it authorized capacity(iK and that by
RI's/her/the'k signature(on the instrument the person(„ or the entity upon behalf of which the person(; 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.
CAT}r6411411.4bWITNESSmhandandofficialseal. Notary Public
D.STEELE
Y Notary Public•California
9
Orange County
Signature. yq' Commission 12324944
My Comm.Expires Apr 13,2024
OPTIONAL
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prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER E CRIPT ON OF A TA ED D,p N
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INDIVIDUAL
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CORPORATE OFFICER 6
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAM, FlPERSON(S,)OR ENTITY(IES)) SIGNERS) OTH R THAN NAMED ABOVE
01247.0006/656677.2 7/9/2020
ment of money, consideration, or other thing of value will render this Agreement void
and of no force or effect.Consultant's Authorized Initials Urn 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]
01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either
party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement,the prevailing party
in such action or
proceeding, in addition to any other relief
which
may be granted,
whether legal or equitable,shall
be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal,
and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.
0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for
its own use. Consultant 01247.0006/656677.2 7/9/2020 12-
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF OO
Ong 4,2020 before me; — ' personally appeared proved to me on the
basis of satisfactory evidence to be the personN whose names(X) is/a' subscribe o within instrument and
acknowledged to me that /she/tfy executed the same in h /her/thblr authorized capacity(N), and that by
h`i./her/th6 signature( on the instrument the person(k or the entity upon behalf of which the person() acted,
executed the mstrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true
and correct.
rill":1:"
CATHALEEN D.STEELE
WITNES my hand and official seal. Notary Public•California
s Orange County
Common N 23249344Signature. 1/\ Aly Comm Expires Apr 13 2024
r
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 O tIZACHEDOCUMENT
INDIVIDUAL ce c CY2J ^-c-?
al&RATE OFFICER 0/Yl h
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AJZ-- TITLE OR TYPE OF DOCUMENT
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OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING: V Q,p-1 LAX)
AME ERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMEDBOVE
d
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r/v.,, 6-(V,
01247.0006/656677.2 7/9/2020erthing
of value will render this Agreement void and of no force or effect.Consultant'
s Authorized Initials Urn 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]01247.0006/656677.2 7/9/2020
18-17-7.9 Attorney's Fees.If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way connected
with this Agreement,the prevailing party in such action or proceeding, in addition
to any other relief
which may be granted, whether legal or
equitable,
shall be entitled
to reasonable attorney's fees.
Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to
attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-
euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.
2 7/9/2020 12-
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EXHIBIT "A"
SCOPE OF SERVICES
On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant's on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant's proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant's Scope of Services on that
Task Order.This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant's compensation
except for Consultant's services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant's on-call Professional Engineering Services may include,but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I.Develop construction plans and specifications
J.Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
01247.0006/656677.2 7/9/2020 A-1
OTHER DATE
OF
DOCUMENT SIGNER IS REPRESENTING: V Q,
C.8.a
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P. Construction management
Q. Services associated with project development
R. Provide development processing services,including,but not limited to,plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant's on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager(both of which are referred
to herein as "PM") level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM's services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules,budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals
and provide recommendations to City Engineer,Director ofPublic Works,and City
Council.
01247.0006/656677.2 7/9/2020 A-2
lly 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]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.
If either party to this Agreement is required to initiate or defend or made a party
to any action or proceeding in any way connected with this Agreement,the prevailing party in
such action or proceeding, in addition to any other relief which may be
granted, whether legal or
equitable,shall be entitled to reasonable attorney'
s
fees. Attorney's
fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to
all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary
costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies
of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12-
C.8.a
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J.Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City's Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task("Task Budget"),using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task ("Task Completion Date"); which shall all collectively
be referred to as the "Task Proposal".
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
01247.0006/656677.2 7/9/2020 A-3
o Sheriffs,and
Caltrans).I.Prepare and compose Requests for Proposals(RFP).Review and evaluate
proposals
and provide recommendations to City Engineer,Director of Public
Works,and City Council.01247.0006/656677.2
7/9/2020 A-2
lly 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]01247.
0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either party
to this Agreement is required to initiate or defend or made a party to any action
or proceeding in any way connected with this Agreement,the prevailing party in
such action or proceeding,
in addition to any other relief which
may
be granted, whether
legal or equitable,shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and
in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/
656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its
own use. Consultant 01247.0006/656677.2 7/9/2020 12-
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D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order's project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I.Permits
J.Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer's
advanced written approval when replacing any individual assigned to perform services on
Task Orders:
A. Frederick Wickman, PE, Project Manager
B. Vanessa Munoz, PE, TE, PTOE, Principal-in-Charge
C. Ron Stein, PE, Private Development Review Task Leader
D. Salvador Lopez Jr., Environmental Preparation &Permitting Task Leader
01247.0006/656677.2 7/9/2020 A-4heitemizedfeesin
Exhibit C,
Schedule
of Compensation, whenever a requested task
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E. Mohsen Rahimian, PE, GE, Material Remediation Task Leader
F. Christopher D. Baca, RCI, CESSWI, Construction Management Task Leader
G. Diane Rukavina, PE, Grant Administration Task Manager
H. Alexis Escobar, EIT, General Civil Engineering/Utility Design
I.Bernardo Reyes, General Civil Engineering/Utility Design/Private Development
Review
J.Melvin Gillard, General Civil Engineering/Utility Design
K. Patricia Hernandez, General Civil Engineering/Utility Design
L. Randy Shadowen, General Civil Engineering/Utility Design
M. Kenneth Krieger, General Civil Engineering/Private Development Review
N. Bryan Nguyen, RLA, Landscape Architecture
O. Carlos Espinoza, Landscape Architecture
P. Sheila McCracken, Utility Design
Q. David Krommenhoek, PLS, Land Surveying and Mapping Services
R. Susana Barrientos, Land Surveying and Mapping Services
S. Peter Rei, PE, PLS, Land Surveying and Mapping Services/Private Development
Review
T. Farhad Iranitalab, PE, TE, Traffic Engineering and Planning
U. Manoochehr Adhami, PE, TE, Traffic Engineering and Planning
V. Robert Burch, Traffic Engineering and Planning/Private Development Review
W: Kevin Custado, EIT, Traffic Engineering and Planning/Private Development
Review
X. Reginald Greene, Traffic Engineering and Planning
Y. Nicolle Spann, EIT, Traffic Engineering and Planning
Z. Chris Stone, Private Development Review
AA. Joanne Itagaki, Private Development Review
01247.0006/656677.2 7/9/2020 A-5
Permitting Task Leader 01247.0006/656677.
2 7/9/2020 A-4 he itemized fees
in Exhibit C, Schedule of Compensation, whenever a requested
task is provided for in Exhibit C; explain how
the cost was determined; and, a schedule for completionofthetask ("Task
Completion Date");
which
shall all collectively be referred to
C.8.a
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BB. Loren Clifton, PE, Private Development Review
CC. Glenn Hale, PE, CEM, CPESC, QSP/D, Private Development Review
DD. James Mitsch, PE, Staff Augmentation
EE. John M. Thomason, QSP/D, CPESC, CESSWI, ENV SP, LEED AP,
Environmental Preparation and Permitting
FF. Christine Kudija, JD, AICP, Environmental Preparation and Permitting
GG. Ross Khiabani, PE, GE, Material Remediation
HH. Larry Brown, Construction Management
II. Jason Brown, Construction Management
JJ. Matthew Crim, EIT, Construction Management
KK. Jane Freij, Construction Management
LL. Rafael Casillas, PE, Public Outreach and Communication
MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance
Services
01247.0006/656677.2 7/9/2020 A-6
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
01247.0006/656677.2 7/9/2020 B-1
DD. James
Mitsch, PE, Staff Augmentation EE. John
M. Thomason, QSP/D, CPESC, CESSWI, ENV SP, LEED AP,Environmental Preparation
and Permitting FF. Christine
Kudija, JD, AICP, Environmental Preparation and Permitting GG. Ross
Khiabani, PE, GE, Material Remediation HH. Larry
Brown, Construction Management II. Jason
Brown, Construction Management JJ. Matthew
Crim, EIT, Construction Management KK. Jane
Freij, Construction Management LL. Rafael
Casillas, PE, Public Outreach and Communication MM. Christopher
Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.
0006/
656677.2 7/9/2020 A-6
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
This Schedule of Compensation governs Consultant's compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City's request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order,identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant's proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor,supplies, equipment,materials,and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $50,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant's billing rates for Services are attached as Exhibit C-1.To the extent any portion
of Consultant's work is subject to prevailing wage requirements, then Consultant's
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
01247.0006/656677.2 7/9/2020 C-1
nd Caltrans).
I.Prepare and compose
Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director
of Public Works,and City Council.01247.0006/656677.2 7/9/2020 A-2 lly
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]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney'
s Fees.If either
party to this Agreement is required to
initiate
or defend or
made a party to any
action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding,
in addition to any other relief which may be granted, whether legal or equitable,shall be
entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2
7/9/2020 15-euse or assignment. Consultant may retain copies of such documents
for its own use. Consultant 01247.0006/
656677.
2 7/9/2020
12-
C.8.a
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EXHIBIT "C-1"
CONSULTANT'S RATES
Classification Hourly Billing Rate
Engineering
Principal In Charge 160
Project Manager 160
Traffic Engineer 160
Director of Public Works 150
Lead Engineer 150
Supervising Engineer 150
Senior Engineer 140
Engineering Associate III 125
Engineering Associate II 115
Engineering Associate I 105
Senior Engineering Technician 105
Engineering Technician III 95
Engineering Technician II 85
Engineering Technician I 75
Student Trainee 30
Grading Plans Examiner 140
Construction Management
Construction Manager 145
Assistant Construction Manager 130
Supervising Public Works Observer 135
Senior Public Works Observer 125
Public Works Observer III 120
Public Works Observer II 115
Public Works Observer I 105
Overtime 140% of the above listed rates
01247.0006/656677.2 7/9/2020 C-2
ayment upon satisfactory completion of
services
on a Task Order.IV. City will compensate Consultant
for the Services performed upon submission of a valid
invoice. Each invoice is to include A. Line items for
all personnel describing the work performed, the number of hours
worked,
and the hourly rate.B. Line items
for all materials and equipment properly charged to
the Services.C. Line items for
all other approved reimbursable expenses claimed,
with supporting documentation.D. Line items for all approved
subcontractor labor,supplies, equipment,materials,and
travel properly charged to the Services.V. The total
compensation for the Services shall not exceed $50,000
for the term of this Agreement, as provided in
Section 2.1 of this Agreement.VI. Consultant'sbillingratesforServices
are attached
as
Exhibit C-1.To the extent
C.8.a
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I.From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant's proposal to perform a project-specific Task Order, the
Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
01247.0006/656677.2 7/9/2020 D-1
Construction Management
KK. Jane Freij, Construction Management
LL. Rafael Casillas, PE, Public
Outreach and Communication MM. Christopher Kelley, PE,
QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/
656677.2 7/9/2020
A-
6
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01247.0006/763795.1
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR
ON-CALL ENGINEERING SERVICES
This AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR
ON-CALL ENGINEERING SERVICES (“Amendment No. 1”) by and between the CITY OF
GRAND TERRACE (“City”) and WILLDAN ENGINEERING, a California corporation
(“Consultant”) is effective as of the 14th day of February, 2023.
RECITALS
A. The City and Consultant entered into that certain Agreement for Contract Services
By and Between the City of Grand Terrace and Willdan Engineering for On-Call Engineering
Services, dated July 14, 2020, with a total compensation of $50,000, and for a term of 2 years that
may be extended by the City by 1 year (“Agreement”).
B. By Amendment No. 1 approved on February 8, 2022, the City and Consultant
extended the term of the Agreement from July 14, 2022, to July 14, 2023 and, further, increased
the total compensation of the Agreement from $50,000 to $93,290.
C. By this Amendment No. 2, the City and Consultant desire to reduce the term of the
Agreement from July 14, 2022, to June 30, 2023 and, further, desire to increase the total
compensation of the Agreement from $93,290 to $158,290.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section 2.1 (Contract Sum) is hereby amended as follows (strikethrough
represents deleted language while bold italics represents added language):
“Subject to any limitation set forth in this Agreement, City agrees to pay Consultant
the amounts specified in the “Schedule of Compensation” attached hereto as
Exhibit “C” and incorporated herein by this reference. The total compensation,
including reimbursement for actual expenses, shall not exceed Ninety-Three
Thousand Two Hundred Ninety Dollars ($93,290) One Hundred Fifty Eight
Thousand Two Hundred Ninety Dollars and No Cents (the “Contract Sum”),
unless additional compensation is approved pursuant to Section 1.8.”
1.2 Section V of Exhibit “C” (Schedule of Compensation) is hereby amended
in its entirety and shall now read as follows:
“The total compensation for the Services shall not exceed $158,290 for the term of
this Agreement, as provided in Section 2.1 of this Agreement.”
1.3 Section 3.4 (Term) of the Agreement is hereby amended and shall now read
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01247.0006/763795.1
as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall expire on June 30, 2023.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it
shall mean the Agreement, as amended by Amendment No. 2.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 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 Amendment No. 2 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended
and (iv) the entering into this Amendment No. 2 does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
C.8.b
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01247.0006/763795.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first-above written.
CITY:
CITY OF GRAND TERRACE,
a municipal corporation
___________________________
Bill Hussey, Mayor
ATTEST:
___________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_______________________
Adrian R. Guerra, City Attorney
CONSULTANT:
WILLDAN ENGINEERING,
a Colorado corporation
By:
Name:
Title:
By:
Name:
Title:
Address: 2401 E. Katella Ave., #300
Anaheim, CA 92806
NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
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01247.0006/763795.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
C.8.b
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01247.0006/763795.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 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.
C.8.b
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: CDBG Covid-19 Funding - Agreement for Homeless
Rehousing Services with Lighthouse Social Services Center
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve the Independent Contractor Agreement for
Fiscal Year 2022-2023 with LightHouse Social Service
Centers for homeless housing assistance services, in a total
contract sum not to exceed $125,010.
2. Authorize the City Manager to execute the Agreement
subject to the City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports our Vision of a place where residents can enjoy quality of life
that fosters pride and an engaged community, in that the Community Development
Block Grant (CDBG) Program funds community programs that benefit and protect
Grand Terrace residents.
BACKGROUND:
Staff conducted outreach with local Non-Profit Organization Lighthouse Social Services
Centers Center, based in Colton, to partner with implementing an Emergency
Rent/Mortgage and Utility Payment Assistance Program and Homeless Housing
Assistance Program. With the assistance of the San Bernardino County Community
Development and Housing Department (CDH), and Lighthouse Social Services Centers
Center, the consensus by all three parties was that both programs would be more easily
managed, and staff costs could be reduced, if both programs were combined under one
program. The County recommended updating the contracts to combine the previous
allocations from both programs into one contract, with one allocation in the amount of
$84,000.
On December 14, 2020, the County announced the release of a third round of CDBG
Coronavirus funds (CDBG-CV3). The City received an allocation of $41,010 for eligible
COVID-19 new or existing programs. Based on discussions with the County (CDH) and
Lighthouse Social Services Centers Center, these funds could help bolster the Rental
Payment Assistance and Homeless Housing Assistance Programs that could use
additional funding to provide additional assistance to the community.
DISCUSSION:
The City of Grand Terrace will contract with LightHouse Social Service Centers to
provide outreach and rapid re-housing services to homeless persons who have or are
at-risk of contracting COVID-19. These funds will be used to provide willing homeless
persons with new-to-them residences and will include but not be limited to: application
C.9
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fees, credit check fees, security deposits, first-last-and progressive rental payments and
utility startup cost (for up to six consecutive months). These no-income to low-income
households may be located within the City of Grand Terrace or surround communities.
The term of services is from September 1, 2022, to April 30, 2023.
RECOMMENDATION:
Staff is recommending the approval of the agreement between the City and LightHouse
Social Service Centers for a total of $125,010 to aide in assisting at risk homeless
persons.
Table 1: CDBG-CV Funding Recommendations
Priority Applicant Funding
Approved
Funding
Request
Recommended
Funding
1 Rental/Utility Assistance
and Homeless Housing
Assistance $84,000 $41,010 $125,010
Funding Recommendation $125,010
FISCAL IMPACT:
Approve the revenue and expense appropriations for the CDBG-Coronavirus funding as
shown in the table below:
Fund Category Proposed
Appropriation
REVENUE
92-30-40 CDBG COVID-19 Reimbursement $125,010
Total Revenues $125,010
EXPENDITURE
92-370-250-002 Rental/Utility Assistance and
Homeless Placement
$125,010
Total Expenditures $125,010
ATTACHMENTS:
• Agreement (DOCX)
APPROVALS:
Shanita Tillman Completed 02/01/2023 10:54 AM
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Finance Completed 02/08/2023 12:00 PM
City Manager Completed 02/08/2023 4:00 PM
City Council Pending 02/14/2023 6:00 PM
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INDEPENDENT CONTRACTOR AGREEMENT
FOR FISCAL YEAR 2022-2023
THIS AGREEMENT is made and entered into as of this 14th day of February 2023, by
and between the City of Grand Terrace, a municipal corporation (hereinafter “City”) and
LightHouse Social Services Centers, a California non-profit Corporation (hereinafter
“LIGHTHOUSE SOCIAL SERVICES CENTERS”)..
RECITALS
WHEREAS, City participates in the federally funded Community Development Block
Grant (CDBG) program as a cooperative city in the County Consortium, and receives
annual CDBG funding through the County of San Bernardino, hereinafter referred to as
County.
WHEREAS, the City submitted an application for CDBG funds for fiscal year 2022-2023
to fund a COVID-19 Rapid Re-Housing and Homeless Prevention Program provided by
LIGHTHOUSE SOCIAL SERVICES CENTERS to meet the City's goal to provide housing
services to homeless persons who have or are at risk of contracting COVID-19. The
services include assistance with application fees, credit check fees, security deposits, first
and last progressive rental payments and utility startup cost (for up to six consecutive
months).
WHEREAS, LIGHTHOUSE SOCIAL SERVICES CENTERS and the City entered into an
agreement, approved by the City Council on September 8, 2020, for LIGHTHOUSE
SOCIAL SERVICES CENTERS to provide the COVID-19 Rapid Re-Housing and
Homeless Prevention Program.
WHEREAS, LIGHTHOUSE SOCIAL SERVICES CENTERS has expressed an interest in
providing COVID-19 rapid re-housing and homeless prevention program to willing
homeless persons in the City of Grand Terrace.
WHEREAS, LIGHTHOUSE SOCIAL SERVICES CENTERS desires to participate in the
CDBG program and represents to City that it is qualified by reason of experience,
preparation, organization, staffing, and facilities to provide a rapid re-housing and
homeless prevention program.
WHEREAS, on April 19, 2022, the County Board of Supervisors approved the CDBG-CV
Time of Performance Extension and, as part of that plan allocated ONE HUNDRED
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TWENTY FIVE THOUSAND TEN DOLLARS AND ZERO CENTS ($125,010) in CDBG
funds to the City to fund COVID-19 Rapid Re-Housing and Homeless Prevention
Program, in accordance with Exhibits “A” and “B” incorporated herein.
WHEREAS, the City received the necessary documents for City signature for the above-
mentioned allocation in August of 2022.
WHEREAS, on August 23, 2022 the City agreed to accept, but has not yet received,
Community Development Block Grant funding from the County of San Bernardino
(“County”) in the amount of ONE HUNDRED TWENTY FIVE THOUSAND TEN
DOLLARS AND ZERO CENTS ($125,010) for the purpose of contracting with
LIGHTHOUSE SOCIAL SERVICES CENTERS for the time period of September 1, 2022
to April 30, 2023 and for the provision of a “COVID-19 Rapid Re-Housing and Homeless
Prevention Program, in accordance with Exhibits “A” and “B”, incorporated herein.
WHEREAS, LIGHTHOUSE SOCIAL SERVICES CENTERS will complete performance
of the services described in Exhibits “A” and “B”, which is incorporated herein by this
Agreement, for the time period of September 1, 2022, to April 30, 2023.
WHEREAS, in order for the City to receive reimbursement in the amount of ONE
HUNDRED TWENTY FIVE THOUSAND TEN DOLLARS AND ZERO CENTS ($125,010)
of CDBG funds, as described above, from the County of San Bernardino, the County
requires City to submit an Agreement between the City and LIGHTHOUSE SOCIAL
SERVICES CENTERS to the County.
WHEREAS, the parties enter into this agreement to allow City to comply with the County’s
CDBG funding requirements.
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
of Grand Terrace and LIGHTHOUSE SOCIAL SERVICES CENTERS hereby agree as
follows:
AGREEMENT
Section 1: Services.
A. For all Services performed by LIGHTHOUSE SOCIAL SERVICES
CENTERS pursuant to this Agreement from September 1, 2022 to April 30,
2023, City and LIGHTHOUSE SOCIAL SERVICES CENTERS mutually
agree that payment of LIGHTHOUSE SOCIAL SERVICES CENTERS for
performance of the Services shall be in the maximum amount of ONE
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HUNDRED TWENTY FIVE THOUSAND TEN DOLLARS AND ZERO
CENTS ($125,010) in Community Development Block Grant (“CDBG”)
funds reimbursed to the City from the County related to the Services as
described by Exhibit “A” and “B”, incorporated herein.
B. Prior to City’s payment to LIGHTHOUSE SOCIAL SERVICES CENTERS
for any Services performed by LIGHTHOUSE SOCIAL SERVICES
CENTERS for which LIGHTHOUSE SOCIAL SERVICES CENTERS is
seeking payment, LIGHTHOUSE SOCIAL SERVICES CENTERS shall
deliver receipts for all eligible expenditures to the City. Expenditure reports
shall be documented with "audit ready" supportive evidence of each
expenditure and proof of payment. Payments shall be limited to the total
approved, properly documented expenditures. All payment requests must
be submitted no later than 30 days after the expiration of this Agreement.
Requests received after said 30-day period shall be considered non-
compliant and not eligible for payment under the terms of this Agreement.
LIGHTHOUSE SOCIAL SERVICES CENTERS shall submit a final request
for payment for the program year no later than April 30, 2023. Any balance
remaining on this project after that date will be reprogrammed
C. LIGHTHOUSE SOCIAL SERVICES CENTERS shall further complete and
submit to the City any necessary documentation that the City in its sole and
absolute discretion may require, including, without limitation, documentation
reflecting program activity for the term wherein Services were performed as
may be necessary.
Section 2. Independent Contractor. It is the express intention and
understanding of the parties hereto that LIGHTHOUSE SOCIAL SERVICES
CENTERS will act as an independent contractor and not an employee or agent of
City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing a relationship of employer or employee between LIGHTHOUSE
SOCIAL SERVICES CENTERS and City. Both parties acknowledge that
LIGHTHOUSE SOCIAL SERVICES CENTERS is not an employee for State tax,
Federal tax, or any other purpose.
Section 3. Term. Unless earlier terminated in accordance with this Agreement,
the term of this Agreement shall commence February 14, 2023, and ending April
30, 2023.
Commented [ST1]: Agreement officially begins
that date but the time of perfromance is from
September 1, 2022 to April 30, 2023
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Section 4. Termination. City shall have the right to terminate this Agreement,
with or without cause, upon twenty (20) days prior written notice to LIGHTHOUSE
SOCIAL SERVICES CENTERS. City shall have no liability for any claims or
damages resulting to LIGHTHOUSE SOCIAL SERVICES CENTERS as a result
of any exercise by City of its right to terminate this Agreement.
Section 5. Compliance with Laws and Regulations. LIGHTHOUSE SOCIAL
SERVICES CENTERS shall comply with all applicable federal, state and local
laws, regulations and ordinances. By executing this Agreement, LIGHTHOUSE
SOCIAL SERVICES CENTERS hereby certifies that it will adhere to and comply
with the following as they may be applicable to a subrecipient of funds granted
pursuant to the Housing and Community Development Act of 1974, as amended
(the “Act”):
A. The Housing and Community Development Act of 1974, as amended, and
the regulations issued thereto;
B. Section 3 of the Housing and Urban Development Act of 1968, as amended;
C. Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations at 41 CFR Chapter 60;
D. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR Part 107;
E. Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended, and
implementing regulations;
F. The Age Discrimination Act of 1975 (PL 94-135), as amended, and
implementing regulations;
G. The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisitions
Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
H. The labor standard requirements as set forth in 24 CFR Part 570, Subpart
K and I-IUD regulations issued to implement such requirements;
I. Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control and abatement of
water pollution;
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J. The flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (PL 93-234);
K. The regulations, policies, guidelines and requirements of 24 CFR Part 85
“Common Rule,” OMB Circular Nos. A-87, A-21, A-110, A-122 and A-133
as they relate to the acceptance and use of federal funds under the
federally-assigned program;
L. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing
regulations issued at 24 CFR Part I;
M. Title VIII of the Civil Rights Act of 1968 (PL-90-284) as amended; and
N. The lead based paint requirements of 24 CFR Part 35 issued pursuant to
the Lead-based Paint Poisoning Prevention Act (42 USC 4801, et seq.);
O. Uniform Administration Requirements pursuant to 24 CFR 570.502.
P. The LIGHTHOUSE SOCIAL SERVICES CENTERS shall carry out its
activity pursuant to this Agreement in compliance with all federal laws and
regulations described in Subpart K of Title 24 of the Code of Federal
Regulations, except that:
1. LIGHTHOUSE SOCIAL SERVICES CENTERS does not assume the
City’s or County’s environmental responsibilities described at
§570.604; and
2. LIGHTHOUSE SOCIAL SERVICES CENTERS does not assume the
City’s or County’s responsibility for initiating the review process
under the provisions of 24 CFR Pmt 52.
Q. All Uniform Administrative Requirements pursuant to 24 CFR 570.502.
Section 6. Federal Requirements. LIGHTHOUSE SOCIAL SERVICES
CENTERS shall comply with the provisions of the Act and any amendments
thereto and the federal regulations and guidelines now or hereafter enacted
pursuant to the Act. More particularly, LIGHTHOUSE SOCIAL SERVICES
CENTERS is to comply with those regulations found in 24 CFR 570, Part 84 and
Part 85. LIGHTHOUSE SOCIAL SERVICES CENTERS is to comply with OMB
Circular Nos. A-110, A-87. A-122, and A-133 as applicable, as they relate to the
acceptance and use of federal funds under this Agreement.
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Section 7. Program Income. LIGHTHOUSE SOCIAL SERVICES
CENTERS, who is a subrecipient as defined in Section 570.500 (c), shall not retain
any program income as defined in Section 570.500 of Title 24 of the Federal Code
of Regulations.
Section 8. Insurance. Without limiting or diminishing LIGHTHOUSE SOCIAL
SERVICES CENTERS’S obligations to defend, indemnify, or hold the City
harmless, LIGHTHOUSE SOCIAL SERVICES CENTERS shall procure and
maintain or cause to be maintained, at its sole cost and expense, the following
insurance coverage’s during the term of the Agreement.
A. Workers’ Compensation:
If LIGHTHOUSE SOCIAL SERVICES CENTERS has employees as
defined by the State of California, LIGHTHOUSE SOCIAL SERVICES CENTERS
shall maintain statutory Workers’ Compensation Insurance (Coverage A) as
prescribed by the laws of the State of California. Policy shall include Employers’
Liability (Coverage B) including Occupational Disease with limits not less than
$1,000,000 per person per accident. The policy shall be endorsed to waive
subrogation in favor of THE CITY OF GRAND TERRACE.
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B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited
to, premises liability, contractual liability, products and completed operations
liability, personal and advertising injury, and cross liability coverage, covering
claims which may arise from or out of LIGHTHOUSE SOCIAL SERVICES
CENTERS’S performance of its obligation hereunder. Policy shall name the CITY
OF GRAND TERRACE, its respective Agencies, Districts, Special Districts, and
Department, their respective directors, officers, employees, elected or appointed
officials, agents or representatives as Additional Insureds. Policy’s limit of liability
shall not be less than $1,000,000 per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this
agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the
obligations under this Agreement, then LIGHTHOUSE SOCIAL SERVICES
CENTERS shall maintain liability insurance for all owned, non-owned or hired
vehicles so use in any amount not less than $1,000,000 per occurrence combined
single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this agreement or be no less than two (2) times the occurrence limit.
Policy shall name the CITY OF GRAND TERRACE, its respective Agencies,
Districts, Special Districts, and Departments, their respective directors, officers,
employees, elected or appointed officials, agents or representatives as Additional
Insureds.
D. General Insurance Provisions – All Lines:
1. Any insurance carrier providing insurance coverage hereunder shall
be admitted to the State of California and have a A M BEST rating of
not less than A: VIII (A:S) unless such requirements are waived, in
writing, by the City Attorney. If the City Attorney waives a requirement
for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
2. LIGHTHOUSE SOCIAL SERVICES CENTERS shall cause
LIGHTHOUSE SOCIAL SERVICES CENTERS’S insurance
carrier(s) to furnish the City with either 1) a properly executed original
Certificate(s) of Insurance and certified original copies of
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Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the City, provide original
Certified copies of policies including all Endorsements and all
attachments thereto, showing such insurance is in full force and
effect. Further, said Certificate(s) and policies of insurance shall
contain the covenant of the insurance carriers(s) that thirty (30) days
written notice shall be given to the City prior to any material
modification, cancellation, expiration or reduction in coverage of
such insurance. In the event of a material modification, cancellation,
expiration, or reduction in coverage, this Agreement shall terminate
forthwith, unless the City receives, prior to such effective date,
another properly executed original Certificate of Insurance and
original copies of endorsements or certified original policies,
including all endorsements and attachments thereto evidencing
coverage’s set forth herein and the insurance required herein is in
full force and effect. LIGHTHOUSE SOCIAL SERVICES CENTERS
shall not commence operations until the City has been furnished
original Certificate(s) of Insurance and certified original copies of
endorsements and if requested, certified original policies of
insurance including all endorsements and any and all other
attachments as required in this Section. An individual authorized by
the insurance carrier to do so on its behalf shall sign the original
endorsements for each policy and the Certificate of Insurance.
3. If, during the term of this Agreement or any extension thereof, there
is a material change in the Services; or, there is a material change in
the equipment to be used in the performance of the Services which
will add additional exposures (such as the use of) aircraft, watercraft,
cranes, etc.); or, the term of this Agreement, including any
extensions thereof, exceeds five (5) years the City reserves the right
to adjust the types of insurance required under this Agreement and
the monetary limits of liability for the insurance coverage’s currently
required herein, if; in the City Attorney’s reasonable judgment, the
amount or type of insurance carried by the sponsor has become
inadequate.
C.9.a
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4. LIGHTHOUSE SOCIAL SERVICES CENTERS shall pass down the
insurance obligations contained herein to all tiers of subcontractors
working under this Agreement.
5. The insurance requirements contained in this Agreement may be
met with a program(s) of self-insurance acceptable to the City.
6. LIGHTHOUSE SOCIAL SERVICES CENTERS agrees to notify City
of any claim by a third party of any incident or event that may give
rise to claim arising from the performance of this Agreement.
Section 9. HUD Indemnity. LIGHTHOUSE SOCIAL SERVICES CENTERS
shall defend, indemnify, and hold harmless the County of San Bernardino and City,
their respective elected and appointed officials, officers, employees and agents
against any liability, claims, losses, demands, and actions incurred by the County
of San Bernardino and City as a result of the determination by the U.S. Department
of Fair Housing and Urban Development (“HUD”) or its successor that activities
undertaken by LIGHTHOUSE SOCIAL SERVICES CENTERS under the
program(s) (including, but not limited to, LIGHTHOUSE SOCIAL SERVICES
CENTERS’s performance of any Services prior to or after the date of this
Agreement) fail to comply with any laws, regulations or policies applicable thereto
or that any funds billed by and disbursed to LIGHTHOUSE SOCIAL SERVICES
CENTERS under this Agreement were improperly expended. This indemnity shall
survive and extend beyond the term or termination of this Agreement.
Section 10. Indemnity. LIGHTHOUSE SOCIAL SERVICES CENTERS shall
defend, indemnify, and hold harmless the County of San Bernardino and the City,
their respective elected and appointed officials, officers, employees and agents
from and against any and all actions, damages, losses, causes of action and
liability imposed or claimed relating to the injury or death of any person or damage
to any property, including attorney’s fees, costs, and other legal expenses, arising
directly or indirectly from any act or omission of LIGHTHOUSE SOCIAL
SERVICES CENTERS in performing Services hereunder (including, but not limited
to, LIGHTHOUSE SOCIAL SERVICES CENTERS’s performance of Services prior
to or after the date of this Agreement). This indemnity shall survive and extend
beyond the term or termination of this Agreement.
Section 11. Prohibition Against Conflicts of Interest.
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A. LIGHTHOUSE SOCIAL SERVICES CENTERS and its assigns, employees,
agents, consultants, officers and elected and appointed officials shall
become familiar with and shall comply with the CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611, by this
reference incorporated herein.
B. LIGHTHOUSE SOCIAL SERVICES CENTERS understands and agrees
that no waiver or exception can be granted to the prohibition against conflict
of interest except upon written approval HUD pursuant to 24 CFR
570.611(d). Any request by LIGHTHOUSE SOCIAL SERVICES CENTERS
for any exception shall first be reviewed by City to determine whether such
request is appropriate for submission to HUD.
C. Prior to any funding under this Agreement, LIGHTHOUSE SOCIAL
SERVICES CENTERS shall provide City with a list of all employees, agents,
consultants, officers and elected and appointed officials who are in a
position to participate in a decision-making process, exercise any functions
or responsibilities, or gain inside information with respect to the CDBG
activities funded under this Agreement. LIGHTHOUSE SOCIAL SERVICES
CENTERS shall also promptly disclose to City any potential conflict,
including even the appearance of conflict, that may arise with respect to the
CDBG activities funded under this agreement.
D. Any violation of this section shall be deemed a breach of this Agreement
and shall be ground for immediate termination by the City.
Section 12. Religious Activities. Under federal regulations, CDBG assistance
may not be used for inherently religious activities or provided to primarily religious
entities for any activities including secular activities. LIGHTHOUSE SOCIAL
SERVICES CENTERS shall adhere to the restrictions set forth in 24 CFR
570.200(j), by this reference is incorporated herein.
Section 13. Lobbying. LIGHTHOUSE SOCIAL SERVICES CENTERS certifies
to the best of it knowledge and belief, that:
A. No federally appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress
in connection with the awarding of any federal contract, the making of any
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federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer to
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with it instructions.
C. The undersigned shall require that the language of this certification be
included in the award document for all subawards at all tier (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Section 14. Entire Agreement/Modification. This Agreement represents the
entire Agreement of the parties hereto as to the matters contained herein. Any
modification of this Agreement will be effective only if it is in writing and signed by
the parties hereto.
Section 15. Assignment. This Agreement shall not be assigned without the prior
written consent of City. Any assignment, or attempted assignment, without such
prior consent, shall be null and void and, at the option of City, result in the
immediate termination of this Agreement.
Section 16. Attorney’s Fees and Governing Law. In the event any action is
commenced to enforce or interpret the terms or conditions of the Agreement the
prevailing party shall, in addition to any costs or other relief, be entitled to recover
its reasonable attorney’s fees. This Agreement and any dispute arising hereunder
shall be governed by and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposed of the
parties hereto, and the rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not be employed in interpreting this
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Agreement, all parties having been represented by counsel in the negotiation and
preparation hereof.
Section 17. Jurisdiction and Venue. Any action at law or in equity arising
under this Agreement or brought by a party hereto for the purpose of enforcing,
construing or determining the validity of any provision of this Agreement shall be
filed in a court of competent jurisdiction in the County of San Bernardino, State of
California, and the parties hereto waive all provisions of law providing for the filing,
removal or change of venue to any other court or jurisdiction.
Section 18. Program Reporting. LIGHTHOUSE SOCIAL SERVICES
CENTERS agrees to prepare and submit financial, program progress, and other
reports as required by HUD or the County of San Bernardino and/or City accounts
as are considered necessary by HUD or the County of San Bernardino and/or City
to assure proper accounting for all Contract funds. All LIGHTHOUSE SOCIAL
SERVICES CENTERS records, with the exception of confidential client
information, shall be made available to representatives of the County of San
Bernardino and/or City and the appropriate federal agencies. LIGHTHOUSE
SOCIAL SERVICES CENTERS is required to submit data necessary to complete
the Annual Grantee Performance Report in accordance with HUD regulations in
the format and at the time designated by the City’s Community Development
Director or his/her designee. By the 30th of each month, LIGHTHOUSE SOCIAL
SERVICES CENTERS shall submit a completed “Monthly Program Progress
Report.” LIGHTHOUSE SOCIAL SERVICES CENTERS shall also provide to City
any necessary documentation that the City in its sole and absolute discretion may
require, including, without limitation, documentation necessary for completion of
the Annual Grantee Performance Report.
Section 19. Applicability of Agreement. In consideration of the intent of the
parties to memorialize the parties understanding of the terms of their agreement,
all uses of the present tense shall be interpreted to apply to the term of the
Agreement. With the exceptions of Sections 9, 10, 11, and any other section of
this Agreement expressly stating otherwise, which obligations shall not terminate,
the terms and conditions of this Agreement shall only apply during the term of this
Agreement.
Section 20. Waiver. Failure by a party to insist upon the strict performance of
any of the provisions of this Agreement by the other party, or the failure by a party
to exercise its rights upon the default of the other party, shall not constitute a waiver
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of such party’s right to insist and demand strict compliance by the other party with
the terms of this Agreement thereafter.
Section 21. Severability. Each section and provision of this Agreement is
severable from each other provision, and if any provision or part thereof is declared
invalid, the remaining provisions shall nevertheless remain in full force and effect.
Section 22. Counterparts. This Agreement may be signed by the different
parties hereto in counterparts, each of which shall be an original but all of which
together shall constitute one and the same agreement.
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CITY OF GRAND TERRACE
Konrad Bolowich Date
City Manager
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
LIGHTHOUSE SOCIAL SERVICES CENTERS
Karen Young-Lowe, Date
President & CEO
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EXHIBIT “A” AND “B”
COVID-19 RAPID RE-HOUSING AND HOMELESS PREVENTION PROGRAM
SERVICES:
For program year 2022-2023 the City of Grand Terrace will contract with LightHouse
Social Services Centers (LSSC) to provide outreach and rapid re-housing services to
homeless persons who have or are at-risk of contracting COVID-19. These funds will be
used to do outreach and provide willing homeless persons with new-to-them residences
and will include but not be limited to application fees, credit check fees, security
deposits, first-last-and progressive rental payments and utility startup cost (for up to six
consecutive months). These no-income to low-income households may be located
within the City of Grand Terrace or surround communities.
UNITS OF SERVICE:
Units of Service is defined as an instance of service given to an individual or household
to assist them, in a given month. The number of clients times the total number of
program activities per month will reflect the total units of service which results in the
measurable outcome.
TIME OF PERFORMANCE: September 1, 2022, through April 30, 2023
PROGRAM PARTICIPANT PERFORMANCE STANDARDS:
CDBG-CV Activity: Because of the COVID-19 being so easily spread between human
beings, the transient population is at a high-risk and need to find housing to comply with
the current statewide stay-at-home Governor’s orders. The LSSC will provide the
outreach and the rapid re-housing necessary to keep households safe wit the CDBG-
CV funding. Also, because of the spread of COVID-19 households that depended on a
low-income wage-eager to pay rent/mortgage and utilities may have lost their ability to
stay in their residence. The LSSC will assist, using CDBG-CV funds, to provide
rent/mortgage and/or utility payments for six (6) consecutive months, or less, per
household.
Measurable Outcome: A measurable outcome is needed to provide those services were
rendered. Measurable outcome is counted in Units of Service (Services) and Direct
Beneficiaries (Households). The measurable outcome will be recorded on Part I:
Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time
clients (households) who participated in the program during the fiscal year will be
recorded on Part II: Direct Benefit Report, Exhibit 4.
OPERATIONS:
The City of Grand Terrace contract with LSSC to provide outreach and rapid re-housing
to homeless persons, as well as, rent/mortgage and/or utility assistance to low-income
households to prevent homelessness related to the COVID-19 pandemic in the City of
Grand Terrace and surrounding communities. The LSSC office is located at 1003 East
Cooley, Suite 205, Colton, CA 92324. Hours of operation are 8:00 am – 5:30 pm
Monday through Friday.
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Prioritization of Funding Recommendations for Community
Development Block Grant (CDBG) Funds for Program Year
2023-24
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1) Conduct a public hearing for the prioritization of
eligible applications for 2023-24 Community Development
Block Grant (CDBG) funding; and,
2) Prioritize funding allocations and authorize staff to
submit the City's CDBG funding recommendation to the
County of San Bernardino Economic Development Agency.
2030 VISION STATEMENT:
This staff report supports, in part, our Vision of a place where residents can enjoy
quality of life that fosters pride and an engaged community, in that the Community
Development Block Grant (CDBG) Program funds community programs that benefit
Grand Terrace residents.
BACKGROUND:
The City participates in the Federally funded CDBG Program as a cooperative city
administered program by the San Bernardino County Economic Development Agency
(County). Eligible activities for CDBG must meet one of the following national objectives
as follows: 1) benefiting low-and moderate-income persons, 2) eliminating blight, and 3)
meeting an urgent need.
Eligible Activities Include
Acquisition of real property for an eligible use, construction and rehabilitation of public
facilities, demolition and clearance of deteriorated buildings, community services for
low- and moderate- income persons or households, and removal of barriers that restrict
the mobility of elderly and severely disabled adults.
Each program year, the County publishes a Notice of Funding Availability (NOFA) for
the next CDBG program year. Applications were due on December 7, 2022. The County
collects and reviews applications and forwards eligible applications to the City for
recommendations on funding prioritization. The City Council is required to make its
funding recommendations at a noticed public hearing. The recommendations are then
scheduled before the Board of Supervisors for its approval.
The City’s allocation for 2023-24 is expected to be $56,020. The allocations are based
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on population estimates, poverty, and overcrowded housing. The City Council may
recommend funding for up to four projects with the allocation amount but only three
applied. Any unprogrammed funds can only be used towards capital improvement
(construction) projects.
DISCUSSION:
The City Council’s 2023-24 funding recommendations are shown in Table 1. Items 1-3
are projects currently funded by the Board of Supervisors and implementation of these
projects is ongoing.
2023-24 Program Year
Four CDBG-eligible applications were received, three are for public service and one is
for construction, for the 2023-24 program year. All applicants were provided notice of
this hearing via email on February 8, 2023. A summary of the eligible proposals and
copies of the three applications with detailed grant proposals are attached.
Table 1: 2023-24 Eligible Applications
Priority Applicant Project FY 2023-24
Funding
Request
Funding
Recommendations
1 Family
Services
Association
Con’t. - Senior Center
Coordinator position
$50,000 $36,020
2 SB County
Library Grand
Terrace
Branch
Con’t. - Literacy Education $10,000 $10,000
3 Family
Services
Association
Con’t - Provision of meals at
senior centers and home
delivery for seniors
$10,000 $10,000
4 City of Grand
Terrace
Rehabilitation/Improvements
to Local Streets
$385,000 $0
Total
Requested
$455,000
Estimated
Allocation
$56,020
Difference ($398,980)
Recommendation
Staff recommends funding the three top projects which assist underserved target
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populations in our community. The City’s estimated allocation of $56,020 will not be
sufficient to fully fund all proposals. Staff recommends that the Council prioritize the
funding recommendations to fully fund the County’s’ Literacy Program and FSA’s senior
nutrition program. Partial funding is recommended for the FSA senior center coordinator
program which has not been operating at its fullest capacity since hot meals have not
been served since COVID-19.
The Public Works Engineer is working on a separate rehabilitation project which will
improve city streets, but due to the minimal allocation of CDBG funds the City will not be
able to complete the desired project without negatively impacting the senior community
and the literacy program, and therefore recommends rejecting funds toward the
rehabilitation of local streets.
FISCAL IMPACT:
In addition to staff time incurred for project administration, there is a temporary fiscal
impact to the City’s General Fund because the City would need to advance grant funds
for all but the County Literacy Program, with said advanced monies being later
reimbursed by the County. The County administers the Literacy Program Countywide,
and no costs are incurred by the City for that program.
Budget appropriation for these grant allocations will be requested during the Fiscal Year
2023-24 budget process.
ATTACHMENTS:
• 2023-24 Summary of All Eligible-Grand Terrace Projects (PDF)
• Public Hearing Notice 2.14.23 (PDF)
• GRAN23CN-024 (PDF)
• GRAN23PS-047 (PDF)
• GRAN23PS-050 (PDF)
• GRAN23PS-056 (PDF)
APPROVALS:
Shanita Tillman Completed 02/01/2023 8:22 AM
Finance Completed 02/08/2023 11:57 AM
City Manager Completed 02/08/2023 4:00 PM
City Council Pending 02/14/2023 6:00 PM
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San Bernardino County
Department of Community Development and Housing
2023-24 CDBG Project Proposals
Location Applicant Application #Project Title Amount
Requested Comments Eligible:
Yes/NO
Grand
Terrace
Christine Clayton, Finance Director
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
stillman@grandterrace-ca.gov
909-954-5191
GRAN23CN-024 Grand Terrace: Rehabilition/Improvements
to Local Streets $385,000.00
Eligible Construction - Make improvements to existing roads by crack sealing and slurry and 2"
grind and overlay. Grind the street surface by 2" and repave by 2" and enhance the appearance
by fresh striping. The streets that would require crack sealing and slurry are Mavis St, Vivienda
Ave, and Cardinal St, Palika Way, and westside of Reed Ave. The streets that require 2" grind
and overlay are Cardinal Ct, Pascal Ave, Mavis St, Willet Ave, and eastside of Reed Ave. This
project will serve 1,105 residents in the local areas, of which 685 are low- and moderate-
income. Eligibility is subject to City of Grand Terrace funding participation and use of federal
prevailing wage rates.
Yes
Grand
Terrace
Cheryl-Marie Hansberger, Chief
Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951-686-1096
GRAN23PS-047 Grand Terrace: Senior Meals Program -
Family Service Association $10,000.00
Expanding Public Service - Family Service Association, under contract with the City of Grand
Terrace, will provide a senior congregate and mobile meals program to seniors in the City of
Grand Terrace and surrounding communities. Curbside pick-up of meals is also offered. FSA
expects to serve 150 unduplicated senior citizens throughout the program year. Seniors are a
presumed 51% low-to moderate-income population. However, documentation is still required.
Public Services are limited to low-and moderate-income persons and require monthly
documentation that at least 51% of the persons served qualify as low-and moderate-income.
This activity was funded in previous years (less than 12 months) and is a continuing activity.
Therefore, a quantifiable increase in the level of service or a new additional service is required in
order to continue to be eligible for CDBG funding.
Yes
Grand
Terrace
Cheryl-Marie Hansberger, Chief
Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951-686-1096
GRAN23PS-050 Grand Terrace: Senior Center Coordinator -
Family Services Association $50,000.00
Expanding Eligible Public Service - Family Services Association, under contract with the City of
Grand Terrace, will provide staff to make available: classes, activities, counseling, transportation
and associated coordination, including administrative tasks at the Grand Terrace Senior Center
to approximately 188 unduplicated senior citizens in Grand Terrace and the surrounding area.
Senior Center operational costs are not eligible for CDBG funding. Seniors are a presumed 51%
low-to moderate-income population. However, documentation is still required. Public Services
are limited to low-and moderate-income persons and require monthly documentation that at
least 51% of the persons served qualify as low-and moderate-income. This activity was funded in
previous years (less than 12 months) and is a continuing activity. Therefore, a quantifiable
increase in the level of service or a new additional service is required in order to continue to be
eligible for CDBG funding.
Yes
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Department of Community Development and Housing
2023-24 CDBG Project Proposals
Location Applicant Application #Project Title Amount
Requested Comments Eligible:
Yes/NO
Grand
Terrace
Melanie Orosco, County Librarian
268 W. Hospitality Lane, 3rd Floor
San Bernardino, CA 92415
melanie.orosco@lib.sbcounty.gov
909-387-2220
GRAN23PS-056 Grand Terrace: Adult Literacy Program $10,000.00
Expanding Eligible Public Service. Services are limited to low- and moderate-income clients and
requires documentation of at least 51% of the clients are low- to moderate-income. Client
eligibility (for all clients including illiterate adults) must be evidenced by documentation and
data concerning beneficiary family size and income. This activity was funded in previous fiscal
years and is a continuing activity. Therefore a quantifiable increase in the level of service is
required. CDBG funds will be used to pay for personnel services. Services are provided by San
Bernardino County Library Department staff and volunteers. Service Location: 22795 Barton
Road, Grand Terrace, CA 92313. Prior to COVID-19, the San Bernardino County Library Adult
Literacy Program saw gradual increases in the number of learners served at each location.
However, after COVID-19, the number of patrons who visited the library has significantly
decreased. This has directly impacted how many potential learners came into the branch as
well as how many current learners felt comfortable returning to the program due to health and
safety. Therefore, the number of learners served has not increased this year, but the expansion
of the program has included the following: (1) expansion of support hours provided by the
library staff to tutors who need training; (2) expansion of support hours provided by the library
staff to learners who need additional resources and meetings to revisit roles and goals; (3)
expansion of library of materials and curriculum used to teach adult learners how to improve
reading and writing; (4) expansion of hours available for tutors and learners to meet together in
the Library for tutoring sessions (formerly limited to 1-2 hours per week will now expand to 3+
hours per week, depending on the tutor-learner pair’s availability, willingness to meet more,
and need to meet a specific goal); and (5) expansion of outreach and planning to promote the
program to the local community (higher number of community connections, more meetings
with adult-literacy-assigned-library-staff to develop awareness events and strategize to bring in
more learners and tutors).
Yes
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NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL
HEARING DATE: Tuesday, February 14, 2023
PLACE: Council Chambers, 22795 Barton Road, Grand Terrace, California
TIME: 6:00 P.M.
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE IS SCHEDULED TO HOLD
A PUBLIC HEARING AT THE ABOVE TIME AND PLACE REGARDING THE
FOLLOWING ITEM:
2023-24 Community Development Block Grant (CDBG) Program. The CDBG
Program is a federally funded program that provides grant funds for activities that meet
national objectives such as principally benefiting low-and moderate-income persons,
2)eliminating blight, and 3) meeting an urgent need.
The City Council will hold a public hearing for the purpose of considering eligible
applications and prioritizing funding recommendations, which will then be forwarded to
the San Bernardino County Board of Supervisors for action.
Anyone wishing to speak in favor of or in opposition to any of the above listed items will
be given the opportunity to do so before the City Council. Pursuant to Government Code
Section 65009(b)(2): “If you challenge the nature of the proposed action in court, you may
be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the public entity
conducting the hearing at or prior to the public hearing.”
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If
you require special assistance to participate in this meeting, please call the City
Clerk’s office at (909) 954-5207, at least 48 hours prior to the meeting.
If you have any questions regarding this item, the public hearing or this notice or to review
related materials, please contact Shanita Tillman in the Public Works Department
located at 22795 Barton Road, Grand Terrace, California (909) 954-5191, or via email
stillman@grandterrace-ca.gov.
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Construction Program Application Fiscal Year –
San Bernardino County Fiscal Year -
Construction Improvement Application
The following documents must be submitted in the order listed, please be sure to submit all attachments to your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Project Characteristics
Exhibit 4: Priority Needs:
Exhibit 5: Project Budget & Sources
Exhibit 6: Proposed Goals and Milestones
Exhibit 7: Agency Capacity Narrative
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing
Exhibit 9: Signatures And Assurances
Maintenance And Operations Agreement
Application Checklist
________________
Log Number
(Office Use Only)
1
4
2024
2023
2023
2024
GRAN23CN-024
4
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Construction Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
2024
909-954-5191
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty
and recreational opportunities; a vibrant and diverse local economy; a place with an
outstanding quality of life that fosters pride and an engaged community, encouraging families
to come and remain for generations. Our purpose is to preserve and protect our community
and its exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government. The City incorporated in 1978 and has a population of 13,150
residents. Through development, properties west of Mt. Vernon Ave are older and many
streets are deteriorated along with sidewalks, gutters, and sidewalk ramps. The block of of De
Berry St to Van Buren St On a study conducted in 2008 the peak traffic flow was 43 in the
morning and 18 in the evening.
22795 Barton Rd
Grand Terrace / California / 92313
Christine Clayton
22795 Barton Rd
Shanita Tillman
9098246623
Grand Terrace / California / 92313
cclayton@grandterrace-ca.gov
City of Grand Terrace
Senior Management Analyst
2023
Government
Finance Director
stillman@grandterrace-ca.gov
9099545188
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Construction Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Address:
City /State/Zip:
County Supervisorial District where project will be located:
Project Type (Description):
If requesting additional funds for an existing CDBG project, provide prior CDBG project number?
Eligible Block Group
Indicate eligible Block Group to be benefited by CDBG Funds requested. Provide a map identifying the eligible census block as indicated in the Eligible Census Blocks.
3
1st District 2nd District 3rd District: 4th District 5th District
Is this a new construction project, or a request for additional funding to an existing CDBG Project?
Grand Terrace / California / 92313
X
20242023
Make improvements to existing roads by crack sealing and slurry and 2" grind and overlay.
New Construction Project
Rehabilitation/Improvements to Local Streets
The repairs benefit the following residents that reside within Block Group 3, Census Tract
71.06 tract 007106.
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Construction Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below which countywide vision goals are pertinent to the proposed
project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
Yes
No
No
Yes
No
Yes
No
20242023
The following project supports the Countywide Vision Statement by maintaining high quality
infrastructure, environment, and ultimately preserving public safety by ensuring that all ways
residents can utilize transportation are up to standard and do not pose a hazard to persons or
vehicles during use.
No
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Construction Program Application Fiscal Year –
Exhibit 3: Project Characteristics
Street address and nearest cross streets of the site where the program will be
carried out:
Legal property owner:
What is the current zoning?
Is this use permitted in this zoning?
Is a conditional use permit required? Yes/No
Complete applicable items for all construction projects:
•Assessor's parcel number:
•Square footage of proposed building or building addition:
•Square footage of construction site parcel:
•Length of improvements if street, water or sewer project:
•Service capacity of existing facility:
•Improved service capacity of the facility:
•Age of structure:
•Is the structure registered as a historic landmark under state, federal or local Law?
Describe the geographic boundaries of the neighborhood, community, or region to be served by this project. This description must include service area boundaries if land acquisition or structural improvements are proposed (attach a map):
5
The proposed improvements will greatly service the community closest to the improvements,
but overall the project will service the entire community of Grand Terrace.
Resurfaced two lane residential roads
City of Grand Terrace
No
2023
No
Deteriorated two lane residential roads
200,020 square feet
Yes
2024
17 years
Mix of R1-7.2-Single Family and R3-Medium Density Residential
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Construction Program Application Fiscal Year –
Exhibit 4: Priority Needs:
Complete the table below by answering “Yes” or “NO”.
Public Facility’s Needs: Yes/ No:
Senior Center Improvements
Community Center Improvements
Child Care Center Improvements
Youth Center Improvements
Park & Recreation Improvements
Social Care Facility Improvements
Code Enforcement Needs
Code Enforcement
Demolition and Clearance
Blight Abatement
Infrastructure Needs
Water and Sewer Improvements
Drainage Improvements
Street Improvements
Sidewalk Improvements
Commercial/ Industrial Infrastructure Development
Accessibility Needs
Removal of Architectural Barriers
Historic Preservation Needs:
Historic Preservation Improvements
Other:
6
2024
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
2023
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Construction Program Application Fiscal Year –
Exhibit 4: Priority Needs (continued)
HUD Demographics: (Please indicate Yes/No)
•Does this project help prevent homelessness?
•Does this project help the homeless?
•Does this project help those with HIV or AIDS?
•Does this project primarily help persons with disabilities?
Why this project is considered a priority?
Why this project is needed, Site the evidence to substantiate the need?
Why must this proposed project be funded now versus receiving funding in future years?
What are the ramifications if this project is not recommended for funding in this fiscal year?
7
No
Emergency response times are extended when service providers are unable to access streets
due to road conditions. These areas will continue to present a hazard to residents until the
City is able to acquire the funding to make the improvements itself.
No
As roads continue to deteriorate it can affect residents well-being and has impacts on
vehicles. The improvements to existing roads affect the circulation of traffic and enhances the
surrounding neighborhood.
No
2024
This project is needed because road repairs are essential to ensuring the safety of motorist
and pedestrians, but most importantly it saves lives and improper road maintenance can and
has led to serious injuries.
2023
It's critical to make improvements to the roads because the existing streets have reached the
end of their lifespan and the surface has deteriorated as shown in the pictures and a pose a
safety concern to operating vehicles.
No
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Construction Program Application Fiscal Year –
What is the project’s population to be served?
What is the projects accomplishment level?
Summarize the Scope of Work; include in your summary the number of units or
activities the project will complete with CDBG funds.
Describe how the project preserves a low and moderate-income neighborhood, or provides other community benefits.
8
This project serves approximately 1,080 people.
20242023
We are preserving the low and moderate-income neighborhood by ensuring the surrounding
residents have access to streets in good condition void of potholes and cracks, and holes
which ultimately bring down property values and limit access.
Once the streets are repaired by crack sealing and slurry and 2" grind and overlay the the
street's life expectancy will be extended by another twenty years and their current PCI will
have a rating of above 90.
Grind the street surface by 2" and repave by 2" and enhance the appearance by fresh
striping. The streets that would require crack sealing and slurry are Mavis St, Vivienda Ave,
and Cardinal St, Palika Way, and westside of Reed Ave. The streets that require 2" grind and
overlay are Cardinal Ct, Pascal Ave, Mavis St, Willet Ave, and eastside of Reed Ave.
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Construction Program Application Fiscal Year –
Exhibit 5: Project Budget & Sources
Provide the estimated financial data for the project as requested below for the appropriate project group. Costs should be based on the best information available. When preparing this data, consider the following factors: (a) project should be completed in one phase if possible, or if phased, operational capability of the phases should be independent of each other: (b) a phased project should be prioritized and broken into distinct parts, with estimated cost and
priority for each part; (c) apply federal prevailing wage rates to construction projects over $2,000.
Project Budget
SB County Share ($): Other Source ($):
Architectural and engineering services
Site acquisition
Local Review application
Construction
Other:
Total
Overall Total Project Cost: (CDBG Share + Other Source)
9
$0.00
$385,000.00
$385,000.00
$350,000.00
$0.00
$0.00
$35,000.00
2023 2024
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Construction Program Application Fiscal Year –
Exhibit 5A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($)
(This amount should match the grand total requested from CDBG Share)
10
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available: (11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
Grand Te
2023
$385,000.00
2024
$0.00
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Construction Program Application Fiscal Year –
Exhibit 6: Proposed Goals and Milestones
Explain how the project will meet contract goals and milestones. For example, project expenditures and performance/accomplishment goals of 40% by September 30th, 50% by December 31st, 80% by
March 31st, and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement:
11
$385,000.00
$35,000.00
02/15/2023 $350,000.00
20242023
10/15/2023
By September 30th the City would have contracted with an engineer, completed project plans,
and the City will advertise for bid and first reimbursement will be requested. By December
31st the project will be 100% complete and the City will submit for reimbursement.
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Construction Program Application Fiscal Year –
EXHIBIT 7: Agency Capacity Narrative (Non-Profit Organizations Only)
•Describe the roles of key administrators, staff members, and volunteers within your agency that willimplement the proposed project. In your description include experience, education, and licensingqualifications.
•Describe your agency’s experience in administering government and/or public funds.
•Describe your method to sustain project viability over the multi-year process if fundingdecreases.
INSTRUCTIONS: Complete the table below by marking “YES” or “NO to the questions listed below.
Question: Yes/ No
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
12
Yes
No
No
The City of Grand Terrace will seek to budget or seek other funding sources to accomplish
desired goal.
The City employs a Engineer that would serve as project manager, he has worked
numerous street rehabilitation projects throughout his 33 years as a Civil Engineer. He
holds a Professional Engineering license. The Senior Mgmt. Analyst serves as project
administrator.
No
20242023
No
The City has secured both federal, local, and CDBG funding and has successfully
administered the funds until the completion of the projects.
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Construction Program Application Fiscal Year –
Exhibit 8: Civil Rights Laws Compliance And HUD Good Standing
Answer the following questions:
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the
administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications
will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or
regulations as a result of formal administrative proceedings, unless the applicant is operating under a
HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under
Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a
civil rights violation in a civil action brought against the Organization by a private individual, unless the
applicant is operating in compliance with a court order designed to correct the area of noncompliance or
the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the
processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of
1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8)
and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504
regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please
attach a brief description.
13
2023
No
No
2024
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14
E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
Martha Zepeda
Deputy Executive Officer
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the -CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
-Application
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
stillman@grandterrace-ca.gov
22795 Barton Rd
2023
2023
2023
Christine Clayton, Finance Director
Christine Clayton
95-3316135
12/07/2022
(909) 824-6623
Finance Director
2024
2024
2024
(909) 954-5191
City of Grand TerraceCity of Grand Terrace
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Construction Program Application Fiscal Year -
Maintenance and Operations Agreement
Please keep in mind the Maintenance and Operations cost is ineligible for CDBG funds.
All capital improvements or facilities will require a Maintenance and Operation (M & O) contract. The MAINTENANCE AND OPERATION COMMITMENT must be signed by a representative of the M & O entity with authority to obligate the organization.
1)MAINTENANCE AND OPERATION COMMITMENT: The governing body of the below namedpublic, quasi-public, or non-profit entity has the financial capacity and is willing to assume theMaintenance and Operation (M & O) responsibility and costs associated with the indicatedcommunity development project. This body has reviewed the "Estimated Annual Maintenance andOperation Budget" part of this section. To the best of this body's ability, it has determined this budgetto be a true and accurate estimate of the annual M & O costs for the proposed project.
It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant program. Should this project be funded, a formal M & O contract shall be written and signed before any funds can be released. NOTE: The Maintenance and Operation cost for capital improvements and facilities are not eligible for CDBG funding.
Proposed Project:
Legal/ Incorporated Name of Prospective M&O Entity:
Address:
Federal I.D. Number of M&O Entity:
Signature: ____________________________________ Title: _____________________
Print Name: ___________________________________ Date:
15
95-33116135
12/07/2022
20242023
City of Grand Terrace
Shanita Tillman
Rehabilitation/Improvements to Local Streets
22795 Barton Rd, Grand Terrace, CA 92313
Shanita Tillman
Senior Management Analyst
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Construction Program Application Fiscal Year -
Maintenance and Operations Expenses
Utilities Amount ($):
Electric
Water
Gas
Telephone
Disposal Service
Other:
Sub-Total
Materials
Janitorial Supplies
Office Supplies
Recreational Supplies
Ground Supplies
Other:
Sub-Total
Maintenance – Capital Improvements
Building Repair
Maintenance of Equipment
Improvements to Property
Other:
Sub-Total
Insurance
Liability
Fire
Other:
Sub-Total
16
$0.00
$0.00
$0.00
$0.00
$0.00
2023
$0.00
$0.00
$0.00
2024
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Construction Program Application Fiscal Year -
Personnel
Maintenance
Secretary
Administrator
Program Staff
Other:
Sub-Total
M& O Annual Expense Total
List out all sources and liabilities such as budget sources, membership, user fees, etc.
Revenue Sources: Amount ($):
Budgeted Revenue Total
Assets/ Liabilities Amount ($):
Budgeted Revenue minus M&O Expense
17
2024
$500.00
$7,639,114.00
General Fund $7,641,6
$1,500.00
$2,500.00
$500.00
$2,500.00
2023
$7,641,6
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Construction Program Application Fiscal Year -
CDBG Application Checklist (Non-Profit Agency Only)
Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract orreimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the Federal InternalRevenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agency’s must be Registered in the System of Award Management (SAM)website. Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or programmanager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
18
2023 2024
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Public Services Program Application Fiscal Year –
San Bernardino County Fiscal Year -Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing
Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1
4
2023
2024
4
2024
4
4
4
GRAN23PS-047
4
4
4
2023
4
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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving
population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
Moreno Valley / CA / 92557
Fund Development Specialist II
2024
951-686-1096
951-686-1096
Moreno Valley / CA / 92557
21250 Box Springs Rd, Suite 212
21250 Box Springs Road, Suite 212
CEO
Cheryl-Marie Hansberger
Ahlam Jadallah
Family Service Association
Family Service Association has been a non-profit leader for 67 years now, and in times of
unprecedented change and adversity, FSA has become a stabilizing force in the community.
Founded in 1953 by The Junior League of Riverside, community members have found
comfort in FSA’s legacy of providing high quality care through much needed services like
Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the
InlandRegion. FSA’s mission is to address poverty, hunger, and health from infancy to older
adults, in families and under-served communities.
2023
Ahlam.Jadallah@fsaca.org
Cherly.Hansberger@fsaca.org
Non-profit Organization
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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Project Address:
County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.
Will this project provide an opportunity to hire minority-owned and women owned businesses?
If YES, describe what actions will be completed to implement such subcontracting plans to monitor
this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project.
3
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an
expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning
to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project?
No
2024
Senior Nutrition Program
X
For 2022 FSA proposed to serve 147 unduplicated clients. This year the Agency is planning to
serve 150 unduplicated clients.
22627 Grand Terrace Rd., Grand Terrace, CA 92313
Expansions of Service to an Existing Project
2023
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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the
proposed project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and
Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
Yes
Yes
2024
Yes
Yes
Yes
Yes
FSA's Senior Nutrition Program meets the Countywide Vision in the following ways: ·Assists
the County in creating a range of choices for its residents in how they live by offering senior
services free of charge to qualified seniors. ·Aids the county in their vision of offering high
quality community health programs. ·Facilitates in the County’s vision of a model community
where great ideas are shared and where collaborations are encouraged to reach shared
interests and goals. ·Supports the County’s vision of a place that is a home for anyone
seeking a sense of community and the best life has to offer.
Yes
Yes
2023
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service Needs: Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped Services Low and Moderate Households
Youth Services Abused Children
Child Care Services Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse Services Homeless Persons
Employment Training Migrant Farm Workers
Health Services Elderly People
Lead Hazard Screening
Crime Awareness
5
City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
No
City of Grand Terrace, and immediate surrounding area.
No
No
No
Yes
No
2024
No
Yes
Yes
Yes
Yes
No
No
No
No
2023
Yes
No
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued)
Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):
HUD Demographics: (Yes/No)
Does this project help prevent homelessness?
Does this project help the homeless?
Does this project help those with HIV or AIDS?
Does this project primarily help persons with disabilities?
Summarize the description of your project to include 1) priority, 2) sub-activity,
3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided.
6
No
2024
No
FSA’s Senior Nutrition Program is dedicated to providing seniors with the necessary
nutritional support to protect them against food insecurity, and to help them continue to live
independent and fulfilling lives. For many seniors, Senior Nutrition is the first service that they
seek for assistance to help them stay in their own homes and live independently. It is through
funding from both San Bernardino CDBG program and San Bernardino County DAAS that we
are able to provide this service to the residents in the City of Grand Terrace. FSA provides
nutritious meals to seniors 62 years of age and older in a group setting at the Grand Terrace
Senior Center. Home-delivered meals are also delivered to homebound seniors who aren't
mobile by reason of illness, disability, and a lack of transportation. The program also provides
a range of services, including nutrition screening, assessment, and education.
No
The geographic boundaries to be served are the entire boundaries of the City of Grand
Terrace. Seniors from adjacent communities such as Colton and Highgrove also utilize the
Center, but clients are primarily from Grand Terrace.
2023
No
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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.
Explain why this project is needed and what evidence can you substantiate the need.
Describe what gaps of service in the county this project fills.
What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7
The Outbreak of COVID-19 fueled the need for food services and an increased demand for
meals. The demand continues to rise, and new participants are enrolling in the Senior
Nutrition Program each day. FSA continues to exceed its program objectives and targets to
meet the growth of the program.
2024
Without the meals supplied by this program, many seniors would be prematurely placed in
assisted living or nursing homes due to their inability to shop for food or prepare their own
meals. Many seniors face the threat of hunger due to limitations in their daily living activities,
such as difficulties with walking, meal preparation, eating, and memory. In addition, many
seniors live alone and do not have family or neighbors to help shop for or prepare meals. For
individuals in these challenging situations, the Senior Nutrition Program serves as a critical
and valued program.
FSA’s Senior Nutrition Program is scalable based on the amount of funding received from
various funding sources. The more funds received, the more seniors are able to utilize the
congregate and homebound nutrition services that FSA offers. FSA employs over 250
individuals and has a strong volunteer base of nearly 1,000 volunteers. Programs are staffed
appropriately, and our executive team is prepared to fill any vacancies should the need arise.
The Senior Nutrition Program serves as a critical and meaningful approach to tackle food
insecurity, isolation, depression, and many other health and social issues that vulnerable
seniors experience. FSA provides seniors with one nutritionally balanced meal Monday -
Friday. By providing these meals we will continue to meet our goals of improving the overall
health and wellbeing of those we serve.
2023
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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8
$1,485,480.00
$4,522,323.00
2024
$11,478.00
$0.00
$10,000.00
$4,512,323.00
$0.00
$27,283.00
$975,794.00
2023
$1,889,885.00
$95,474.00
$26,929.00
$10,000.00
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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($):
(This amount should match the grand total requested from CDBG Share)
9
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available:
(11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
$50,000.00
12/31/2023
$52,000.00
2024
Individual Donations
Older Americans Act Title III
07/01/2023
12/31/2023
Grand Te
$4,413,339.00
Older Americans Act Title III
$10,000.00
07/01/2023
In-Kind Goods and Services
07/01/2023
$308,000.00
2023
$400,000.00
$3,603,339.00
Older Americans Act Title III
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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:
Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):
Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):
Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
•In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management).
•In column 2 indicate the number of Unduplicated Clients to be served.
•In column 3 identify the number of Duplicated Clients to be served.
Activities to be Completed (1) Unduplicated Clients to be Served (2)
Duplicated Clients projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.
Indicate a timeline of services provided to client(s) in order to meet project outcome(s).
Describe how your agency determines client(s) success.
Describe your methodology to evaluate project outcomes.
10
2024
The timeline of services is 12 months, July 1, 2023 to June 30, 2024.
FSA determines client success through quantitative and qualitative measures. Quantitative
measures includes the number of seniors served daily. Qualitative measures are client
success stories and testimonials.
8500
Evaluation of monthly intake forms and daily sign in sheets.
2023
Nutrition (Congregate & Homebound)150
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Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/
accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st,
and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement: ($)
11
$2,500.00
$2,500.00
2024
2024
03/31/2024
$10,000.00
$2,500.0012/31/2023
25% by September 30, 2023; 50% by December 30, 2023; 75% by March 30, 2024; 100%
by June 30, 2024.
06/30/2024
2023
2023
09/30/2023 $2,500.00
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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.
Describe your agency’s experience in administering government and/or public funds.
Describe your method to sustain project viability over the multi-year process if funding decreases.
Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.
Question:
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
YES/ NO
12
No
As a recipient of more than $750,000 in federal funds, FSA is subject to single audit
requirements using appropriate professional standards.
2024
No
Tom Donahue is the Senior Nutrition Administrator and oversees the entire program, including
budget preparation and policies/procedures.
FSA consistently searches for funding opportunities that could be a match for all agency
programs, including the Senior Nutrition Department’s More than a Meal program funding
opportunities.
No
2023
No
No
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Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing
Answer the following questions.
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the
HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project
or construction delay, HUD finding or outstanding audit that HUD deems serious regarding
the administration of HUD McKinney Act programs or the HUD Single Family Property
Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
13
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No
2023
No
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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
Martha Zepeda
Deputy Executive Officer
-Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14
Family Service Association
Cheryl-Marie Hansberger
95-1803694
2024
2024
2024
12/07/2022
CEOCEOCheryl-Marie Hansberger
Cheryl.Hansberger@fsaca.org
(951) 686-1096(951) 686-1096
2023
2023
2023
21250 Box Springs Road Suite 212 Moreno Valley CA 92557
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Public Services Program Application Fiscal Year –
CDBG Application Checklist (Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If
you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website.
Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or
program manager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
15
20242023
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Public Services Program Application Fiscal Year –
San Bernardino County Fiscal Year -Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing
Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1
4
4
2024
2023
GRAN23PS-050
4
4
4
2023
4
2024
4
4
4
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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving
population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
CEO
Moreno Valley / CA / 92557
Ahlam.Jadallah@fsaca.org
Cherly.Hansberger@fsaca.org
21250 Box Springs Road, Suite 212
Family Service Association has been a non-profit leader for 67 years now, and in times of
unprecedented change and adversity, FSA has become a stabilizing force in the community.
Founded in 1953 by The Junior League of Riverside, community members have found
comfort in FSA’s legacy of providing high quality care through much needed services like
Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the
InlandRegion. FSA’s mission is to address poverty, hunger, and health from infancy to older
adults, in families and under-served communities.
2024
Non-profit Organization
Cheryl-Marie Hansberger
Moreno Valley / CA / 92557
Fund Development Specialist II
2023
Family Service Association
21250 Box Springs Rd, Suite 212
951-686-1096
Ahlam Jadallah
951-686-1096
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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Project Address:
County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.
Will this project provide an opportunity to hire minority-owned and women owned businesses?
If YES, describe what actions will be completed to implement such subcontracting plans to monitor
this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project.
3
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an
expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning
to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project?
No
2024
Grand Terrace Senior Center
Expansions of Service to an Existing Project
2023
X
For 2022, FSA proposed to serve 185 unduplicated clients. This year the Agency is planning
to serve 188 unduplicated clients.
22627 Grand Terrace Rd., Grand Terrace, CA 92313
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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the
proposed project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and
Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
Yes
Yes
2024
Yes
Yes
Yes
Yes
The Project will Implement the Countywide Vision by supporting the Wellness Element to
provide safety, health and social service needs for County residents. The senior center offers
wellness activities, such as daily lunch, exercise classes, dance, and art classes, educational
classes, health screenings, and socialization opportunities for seniors through game nights,
arts and craft classes, and karaoke. The Project meets the goals of working with other
governmental agencies by maintaining a close working relationship between the County and
City of Grand Terrace.
2023
Yes
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service Needs: Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped Services Low and Moderate Households
Youth Services Abused Children
Child Care Services Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse Services Homeless Persons
Employment Training Migrant Farm Workers
Health Services Elderly People
Lead Hazard Screening
Crime Awareness
5
City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
No
Yes
Yes
No
No
Yes
2024
City of Grand Terrace, and immediate surrounding area.
No
Yes
No
No
2023
No
No
Yes
Yes
NoNo
No
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued)
Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):
HUD Demographics: (Yes/No)
Does this project help prevent homelessness?
Does this project help the homeless?
Does this project help those with HIV or AIDS?
Does this project primarily help persons with disabilities?
Summarize the description of your project to include 1) priority, 2) sub-activity,
3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided.
6
No
2024
No
2023
No
No
The geographic boundaries to be served are the entire boundaries of the City of Grand
Terrace. Seniors from adjacent communities such as Colton and Highgrove also utilize the
Center, but clients are primarily from Grand Terrace.
FSA is seeking funding to continue operations of the Grand Terrace Senior Center. A
Program Coordinator position was established in 2017 and since then services have been
offered on regular basis and participation has increased substantially. The project is needed
for the City of Grand Terrace to ensure that seniors have a safe and healthy place in their
community. The program coordinator is responsible for the daily operation of the Center,
including opening and closing the Center, scheduling of classes, educational counseling,
coordinating with vendors for programs, and also working with the senior board members. In
addition to personnel costs, FSA is also requesting funding for operational costs so that the
Center can host more activities and events on a routine basis. Funding is critical to the
success of the program, so that an experienced staff person(s) can operate the Center and
engage the community at large.
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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.
Explain why this project is needed and what evidence can you substantiate the need.
Describe what gaps of service in the county this project fills.
What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7
For over 30 years, the Center has historically been managed by a senior volunteer; and
oftentimes the needs of the Center overwhelmed the capacity of senior volunteers. In 17/18 a
coordinator was funded and membership and participation increased by 10%. As membership
continues to increase, this staffing position and increased operational costs are needed to
manage the center's increasing activities.
2024
Funding is a critical factor for Project success. This application seeks $50,000 of CDBG
funding to assist in staffing and operations of the Center. It is critical to the success of the
program that there is a non-volunteer staffing to manage the Center. A paid coordinator has
been in place during the 17/18 year and the Center has already experienced increased
participation.
The Senior Center serves a minimum of 180 seniors on a monthly basis, and fills this gap by
providing a variety of health, social and counseling services. With the help of CDBG funding a
paid position was established in 17/18, and in less than the first half of the fiscal year
membership grew by 10%. The grant is needed to sustain and increase this growth.
2023
The Project will provide services to the senior target population. It will allow for staffing of the
Center to manage the services and activities of the Senior Center and its 185 monthly senior
participants. The Project will allow seniors to have a safe and healthy place to continue to be
nourished and stay active within their community.
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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8
$68,000.00
$3,000.00
$10,000.00
$18,000.00
$2,500.00
2024
$2,500.00
2023
$6,000.00
$50,000.00
$41,000.00
$3,000.00
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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($):
(This amount should match the grand total requested from CDBG Share)
9
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available:
(11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
20242023
$50,000.00Grand Te
$0.00
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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:
Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):
Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):
Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
•In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management).
•In column 2 indicate the number of Unduplicated Clients to be served.
•In column 3 identify the number of Duplicated Clients to be served.
Activities to be Completed (1) Unduplicated Clients to be Served (2)
Duplicated Clients projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.
Indicate a timeline of services provided to client(s) in order to meet project outcome(s).
Describe how your agency determines client(s) success.
Describe your methodology to evaluate project outcomes.
10
By continued increases in senior center membership, participation and programs,
demonstrating that seniors have a safe and healthy place to socialize and stay active within
their community.
70
2024
Exercise and Wellness Programs
Social Recreation 88 2700
Transportation to Grocery Markets
2023
The timeline of services is 12 months, July 1, 2023 to June 30, 2024.
700
2400
30
Evaluation of monthly intake forms and daily sign in sheets.
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Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/
accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st,
and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement: ($)
11
03/31/2024
$12,500.00
$12,500.00
2024
2024
06/30/2024
$50,000.00
2023
2023
12/31/2023 $12,500.00
25% by September 30, 2023; 50% by December 30, 2023; 75% by March 30, 2024; 100%
by June 30, 2024.
$12,500.0009/30/2023
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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.
Describe your agency’s experience in administering government and/or public funds.
Describe your method to sustain project viability over the multi-year process if funding decreases.
Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.
Question:
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
YES/ NO
12
Dariana Ortiz is the Community Centered Services Director and oversees the entire Center
and program.
2024
As a recipient of more than $750,000 in federal funds, FSA is subject to single audit
requirements using appropriate professional standards.
No
No
No
2023
No
No
FSA consistently searches for funding opportunities that could be a match for all agency
programs, including the Senior Center and its activities.
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Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing
Answer the following questions.
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the
HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project
or construction delay, HUD finding or outstanding audit that HUD deems serious regarding
the administration of HUD McKinney Act programs or the HUD Single Family Property
Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
13
20242023
No
No
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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
Martha Zepeda
Deputy Executive Officer
-Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14
Cheryl-Marie Hansberger
Family Service Association
12/07/2022
2024
2024
2024
CEOCEO
95-1803694
Cheryl.Hansberger@fsaca.org
2023
2023
2023
Cheryl-Marie Hansberger
21250 Box Springs Road, Suite 212 Moreno Valley CA 92557 (951) 686-1096(951) 686-1096
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Public Services Program Application Fiscal Year –
CDBG Application Checklist (Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If
you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website.
Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or
program manager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
15
20242023
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Public Services Program Application Fiscal Year –
San Bernardino County Fiscal Year -Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing
Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1
2024
2023
GRAN23PS-056
2023
2024
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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving
population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
County Librarian
San Bernardino / CA / 92415
Melanie.Orosco@lib.sbcounty.gov
Melanie.Orosco@lib.sbcounty.gov
268 W. Hospitality Lane 3rd Floor
The San Bernardino County Library System is a network of branch libraries that serve a
diverse population over a vast geographic area. We strive to provide equal access to
information, technology, programs, and services for all the people who call San Bernardino
County home. Our Adult Literacy Program has been in place over 30 years, allowing us to
help those struggling with illiteracy in our communities. We are supported with funds from the
State and the County through this Current Fiscal Year from July 2022-June 2023
2024
CDBG
909-387-2288
Melanie Orosco
San Bernardino / CA / 92415
909-387-2288
Regional Manager
2023
San Bernardino County Library
268 W. Hospitality Lane 3rd Floor
909-387-2220
Ina Feeney
909-387-2220
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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Project Address:
County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.
Will this project provide an opportunity to hire minority-owned and women owned businesses?
If YES, describe what actions will be completed to implement such subcontracting plans to monitor
this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project.
3
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an
expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning
to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project?
No
GTER-16-0Z/1532
2024
San Bernardino County Grand Terrace Branch Library
Expansions of Service to an Existing Project
2023
X
We are expanding our services for the individuals who are in our Adult Literacy Program.
Moving forward we hope to continually increase the quality of materials and services that the
Grand Terrace Branch is able to provide. See attached document for more detailed
explanation.
22795 Barton Road, Grand Terrace, CA 92313
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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the
proposed project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and
Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
No
Yes
2024
Yes
No
Yes
No
By tutoring illiterate adults and providing them the tools to learn to read and write, we help
them build self-confidence to accomplish many goals such as applying for jobs, being able to
vote and much more. This results in them becoming more socially prepared to participate in all
the County has to offer. Additionally, the Adult Literacy program supports the county’s Cradle
to Career Road Map to achieve the Countywide vision. When we teach illiterate adults to read,
we are not only helping them but are also helping their children, as parents who read are able
to support the literacy support a child needs to succeed.
2023
No
No
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service Needs: Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped Services Low and Moderate Households
Youth Services Abused Children
Child Care Services Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse Services Homeless Persons
Employment Training Migrant Farm Workers
Health Services Elderly People
Lead Hazard Screening
Crime Awareness
5
City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
No
Yes
No
No
No
Yes
2024
Grand Terrace
No
No
Yes
No
2023
No
No
No
No
NoNo
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued)
Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):
HUD Demographics: (Yes/No)
Does this project help prevent homelessness?
Does this project help the homeless?
Does this project help those with HIV or AIDS?
Does this project primarily help persons with disabilities?
Summarize the description of your project to include 1) priority, 2) sub-activity,
3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided.
6
No
2024
No
2023
No
Yes
Grand Terrace
The San Bernardino County Library (SBCL), Grand Terrace Branch Adult Literacy Services
Program will provide programming and instruction for low-to-moderate income illiterate adults
and senior residents of Grand Terrace. Individualized tutoring and one-on-one Literacy
instruction (reading, spelling, and basic computer skills) will be provided to qualifying adult
participants during Fiscal Year 23-24. Library Adult Literacy Services are provided free of
charge to all learners participating in the program. Direct services and assistance are provided
by Library staff as well as a ream of trained Literacy Tutors. Dedicated tutoring space and
special Adult Literacy Program materials (leveled student readers, workbooks, dictionaries,
GED Test Prep packets) are provided to participating learners at no charge. Learners are
strongly encouraged to attend free Basic Computer Skills Classes taught in the library. Those
with young children are encouraged to attend Early Learning and Preschool Storytime
Activities to foster a love of reading and ensure school-age readiness. The Grand Terrace
Branch is dedicated in improving the literacy rates in the Grand Terrace community.
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Describe how this project meets the priority population and activities selected.
Explain why this project is needed and what evidence can you substantiate the need.
Describe what gaps of service in the county this project fills.
What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7
Per recent U.S. National Assessment of Adult Literacy, one in seven adults have difficulty
reading anything more challenging than a child’s picture book. It is estimated that at 3.4
million Californians fall at the “Below Basic” Literacy Level. In the County of San Bernardino
alone, it is estimated that at least 500,000 adults cannot read at all. This service provides
assistance to adults who fall into this category.
2024
This program is funded primarily through the Library Department budget. Additional State and
County funding helps the Library Department to expand the program and reach a larger
audience than would be possible through internal funding alone. The Literacy Program is a
multi-branch program, with branch staff interacting with learners and tutors while reporting is
overseen by administrative staff. We have taken steps to ensure that any staff turnover will
not impede the Literacy Program and that services would continue to be offered through the
cross-training of staff.
This program focuses on adult individuals who are illiterate or who have low literacy skills. The
County Library Adult Literacy Program provides a no cost alternative for adults to gain these
skills.
2023
The Adult Literacy Services Program assesses illiterate and presumed low-income adults and
senior residents of Grand Terrace, and provides those that qualify with programming, tutoring,
and instruction to aid them in meeting their literacy goals.
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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8
$37,500.00
$27,500.00
$27,500.00
20242023
$10,000.00
$10,000.00
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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($):
(This amount should match the grand total requested from CDBG Share)
9
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available:
(11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
07/01/2023
08/01/2023$5,000.00
2024
California State Library Literacy Service
$22,500.00
2023
County
$10,000.00Grand Te
$27,500.00
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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:
Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):
Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):
Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
•In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management).
•In column 2 indicate the number of Unduplicated Clients to be served.
•In column 3 identify the number of Duplicated Clients to be served.
Activities to be Completed (1) Unduplicated Clients to be Served (2)
Duplicated Clients projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.
Indicate a timeline of services provided to client(s) in order to meet project outcome(s).
Describe how your agency determines client(s) success.
Describe your methodology to evaluate project outcomes.
10
Learners set individual goals that they want to meet and tutors help learners meet those goals.
Regular assessments of the learner’s progress are used to track improvement.
2024
Literacy Tutoring 12 120
2023
Learners are assessed by branch staff and matched with a tutor. They are scheduled for
weekly tutoring sessions in order to meet individual goals set by the learner and plan new
goals as the learner progresses.
We track the number of goals met in correlation to the number of goals set by the individual
learners.
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Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/
accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st,
and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement: ($)
11
04/01/2024
$2,500.00
$2,500.00
2024
2024
06/30/2024
$10,000.00
2023
2023
01/01/2024 $2,500.00
As mandated by the California State Library Literacy Services (CLLS), individual adult
learners are required to list one or more personal Literacy goals via the Roles & Goals Intake
Form. 75% of total Grand Terrace Adult Literacy Program learners are anticipated to achieve
one or more of their person goals set during program year 22-23. We plan to meet 25% of
our tutor/learner pairing goal each quarter; 25% by October 1st, 50% by January 1st, 75% by
April 1st, and 100% by June 30th.
$2,500.0010/01/2023
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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.
Describe your agency’s experience in administering government and/or public funds.
Describe your method to sustain project viability over the multi-year process if funding decreases.
Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.
Question:
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
YES/ NO
12
Library Events Coordinator, Admin Librarian I, Branch Managers, Library Assistants, Volunteer
Tutors. See Attachment for detailed answer.
2024
We have been funded for the Adult Literacy Program and administrating CDBG grants and
funds since 1984.
No
No
No
2023
No
No
This is a multi-branch program with a network of branch and administrative staff and a portion
of the overall library budget set aside to improve and continue this program.
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Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing
Answer the following questions.
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the
HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project
or construction delay, HUD finding or outstanding audit that HUD deems serious regarding
the administration of HUD McKinney Act programs or the HUD Single Family Property
Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
13
20242023
No
No
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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
Martha Zepeda
Deputy Executive Officer
-Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14
Melanie Orosco
San Bernardino County Library
2024
2024
2024
County LibrarianCounty Librarian
95-6002748
(909) 387-2288(909) 387-2288Ina.Feeney@lib.sbcounty.gov
2023
2023
2023
Melanie Orosco County Librarian
268 W. Hospitality Lane 3rd Floor, San Bernardino CA, 92415 (909) 387-2220(909) 387-2220
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Public Services Program Application Fiscal Year –
CDBG Application Checklist (Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If
you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website.
Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or
program manager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Objective Design Standards for Multi-Family Housing and
Mixed Use Developments
PRESENTED BY: Haide Aguirre, Senior Planner
RECOMMENDATION: 1. Conduct a public hearing, and
2. Direct the City Attorney to Read the title of the
Ordinance, waive further reading, and introduce AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, STATE OF CALIFORNIA, FINDING
ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM
CEQA PURSUANT TO SECTION 15061(B)(3) AND
AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD
REQUIREMENTS
2030 VISION STATEMENT:
This staff report supports our Mission Statement, to preserve and protect our community
and its exceptional quality of life through thoughtful planning, within the constraints of
fiscally responsible government; and
Goal No. 3, to promote economic development by updating zoning and development
codes in preparation of future development.
BACKGROUND:
Assembly Bill 35 (Government Code Section 65913.4) was enacted on September 29,
2017, as part of a comprehensive bill package designed to address the State’s housing
shortage and excessive cost.
The intent of new State housing law SB 35 is to streamline the review process for
multifamily residential projects by establishing a by-right ministerial approval, in order to
increase housing production and assist jurisdictions make progress into meeting their
regional housing need allocation (RHNA).
The State legislature has made several changes to State housing laws in recent years
to streamline housing approvals. In addition to the Housing Accountability Act (HAA),
Recent State legislation, primarily established under Senate Bill (SB) 35 and SB 330,
requires cities to review certain residential projects against objective standards,
including objective design standards, rather than design guidelines which are subject to
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interpretation. Specifically, the legislature has taken steps to reduce the amount of
subjective discretion jurisdictions have, requiring that certain residential types of
projects are being reviewed and considered through a ministerial process.
Government Code Section 65913.4 (5) defines “Objective Design Standards” as the
following: “one that involves no personal or subjective judgment by a public official and
is verifiable by reference to criteria available and known to both an applicant and the
public official prior to submittal.”
The following summarizes the collective impact that the three legislative actions have
had and how that transcended to the requirement for the City to establish objective
design standards:
Housing Accountability Act (HAA)
A city cannot deny a project, reduce its density, or otherwise make a project infeasible,
if the project complies with objective standards. However, if an applicant seeks an
exception to an objective standard, the project is no longer protected by the HAA. In this
circumstance, since the project approval must rely on the findings required for approval
of a deviation or variance, any subjective standards and full discretionary review of the
design by the Commission can be used to evaluate the project.
Affordable Housing Streamlined Approval Process (SB 35)
This legislation creates an opt-in program for developers that allows a much more
streamlined ministerial approval process for developments in the City as it relates to
meeting the regional housing need allocation (RHNA). To be eligible, a project must
satisfy a specific level of affordability; be on an infill site; comply with existing residential
and mixed-use general plan or zoning provisions; and comply with other requirements
such as, locational and demolition restrictions among other strict and limited criteria.
This streamlined, ministerial entitlement process relies on objective design standards.
Additionally, an SB 35 project is not subject to review under CEQA. An eligible project is
also not subject to any type of discretionary review; therefore, the adoption of objective
design standards would significantly affect these types of projects and ensure quality
design.
Housing Crisis Act (SB 330)
This allows a housing developer to submit a “preliminary application” to a city for a
housing development project. Submittal of a preliminary application allows a developer
to provide a specific subset of information on the proposed housing development before
providing the full amount of information required for a formal application. SB 330 placed
additional guarantees or assurances for a developer. It also requires both the city and
the developer to comply with certain timeframes for reviews and submittals. Upon
submittal of a preliminary application an applicant is allowed to “freeze “development
standards that apply to a project while the rest of the material necessary that will be
required for a formal submittal is assembled. After an application is deemed complete,
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the City cannot deny an eligible housing development project or condition its approval to
reduce density, impose a moratorium, or require design changes that are inconsistent
with objective design standards. These provisions will sunset on January 1, 2025,
unless extended by the legislature and governor.
DISCUSSION:
The City of Grand Terrace desires to establish Objective Design Standard requirements
in accordance with Senate Bill 35 (SB 35) and Senate Bill 330 (SB 330).
These objective design standards intend to respond to State law by making changes to
the zoning Ordinance (Title 18) establishing Chapter 18.64 Objective Design Standards
(Attachment A).
The proposed Objective Design Standards (“ODS”) will supplement the City’s existing
development standards as outlined in each zoning district. The regulations do not affect
or change allowable land use types and do not replace individual zoning district
development standards established for lot size, setbacks, lot coverage, building height,
etc. The process to review and approve development projects relying upon
implementation of these standards aligns with the State requirements that the City
adopt a ministerial review and approval process for multifamily residential development
and mixed-use development with a residential component comprising at least two-thirds
of the project.
In addition, the proposed ODS contain standards for sustainable design, building
design, site design, and establishes the procedures for conducting ministerial design
review, including provisions that allows for discretionary review of a project by the
Planning Commission should an applicant choose to deviate from the established
standards.
On May 19, 2022, the Planning Commission received a presentation introducing the
proposed ODS requirements and on June 16, 2022, a joint Special Workshop Meeting
was held by the City Council and Planning Commission/Site and Architecture Review
Board to provide feedback to staff.
The City of Grand Terrace was selected among three other cities by SCAG to develop
the City’s Objective Design Standards. Crandall Arambula (“Consultant”) was hired by
SCAG to work with the selected cities. Staff has been holding bi-weekly meetings with
Jonathan Konkol and Don Arambula of Crandall Arambula to further develop the city’s
ODS requirements, including addressing the City Council and Planning Commission’s
input from the previous workshop meetings.
The Consultant has worked with staff refining ODS requirements including but not
limited to mixed use development, electric vehicles, parking, color, walls and fences,
open space, public art, landscape requirements, and inclusion of low income units. In
addition, the Consultant has worked with staff to refine the graphics to better illustrate
the requirements, assess the ODS original draft, enhance and clarify the language.
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On January 19, 2023, the Planning Commission site and architectural review board
conducted a duly noticed public hearing and voted unanimously 5-0 adopting a
Resolution recommending City Council adoption.
The Planning Commission recommendation included a couple of additional provisions:
1. Compliance with San Bernardino County Fire; and
2. Directed staff to include additional requirements to mitigate privacy issues.
Multi-family residential units have limited privacy due to the type of
development; however, a 10-foot landscaping setback has been included
requiring vertical evergreen trees at a minimum height of 20-feet, and
maximum spacing of 10-feet on-center at installation to provide landscape
privacy screening to adjacent existing residential development.
ENVIRONMENTAL:
The proposed zoning code amendment is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), which states
the activity is covered by the general rule that CEQA applies only to projects [that] have
the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. Amending the
Grand Terrace Code to include Objective Design Standards (ODS) would not result in
any environmental impacts. Future development projects subject to the proposed
ordinance would be reviewed for potential environmental impacts.
PUBLIC NOTICE:
Public notice was provided in accordance with state law, which included publishing a
legal advertisement in the Grand Terrace City News and posting in three public places.
As of the date of this report, staff has not received any comments.
FISCAL IMPACT:
There will be no expenditure on the part of the city to adopt this ordinance.
RECOMMENDATION:
Staff is recommending the City Council conduct a public hearing and read by title only,
waive further reading and Introduce an Ordinance Finding Zoning Code Amendment 22-
03 exempt from CEQA pursuant to Section 15061(b)(3) and Amending Title 18 of the
Municipal Code by adding Chapter 18.64 establishing Objective Design Standard
Requirements.
ATTACHMENTS:
• Ordinance_2.14.2023 (DOC)
• Grand Terrace Draft ODS-Exhibit A_Final Draft. (DOCX)
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APPROVALS:
Haide Aguirre Completed 02/01/2023 4:58 PM
City Attorney Completed 02/07/2023 3:49 PM
Finance Completed 02/06/2023 9:32 AM
City Manager Completed 02/06/2023 9:10 AM
City Council Pending 02/14/2023 6:00 PM
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE
AMENDMENT 22-03 IS EXEMPT FROM CEQA PURSUANT TO SECTION
15061(B)(3) AND AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64 ESTABLISHING
OBJECTIVE DESIGN STANDARD REQUIREMENTS
WHEREAS, the City of Grand Terrace (“City”) adopted a Zoning Code, which has
been amended from time to time; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings in compliance with the
California Government Code; and
WHEREAS, the proposed Zoning Code Amendment 22-03 to the Municipal Code is
consistent with the goals and policies of the City of Grand Terrace General Plan; and
WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18.64 establishing Objective Design Standard requirements as provided
in Zoning Code Amendment 22-03, which is attached hereto and incorporated herein by
this reference as Exhibit A; and
WHEREAS, the City Council has determined that Objective Design Standards meet
the intent of Assembly Bill 35 to streamline the review process for multifamily residential
project while maintaining high development standards development; and
WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace
Municipal Code, the City Council shall hold a public hearing on any proposed amendment
to the Zoning Code; and
WHEREAS, Zoning Code Amendment 22-03 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the activity
is covered by the general rule that CEQA applies only to projects [that] have the potential
for causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to
include objective design standards would not result in any significant environmental
impacts due to the narrow scope of the project; and
WHEREAS, on May 19, 2022, the Planning Commission/Site & Architectural Review
Board (“Planning Commission”) received a presentation introducing the proposed Objective
Design Standard requirements and provided comments to staff; and
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WHEREAS, on June 16, 2022, the Grand Terrace City Council and Planning
Commission conducted a joint workshop discussing Objective Design Standard
requirements providing comments to staff; and
WHEREAS, on January 19, 2023, the Grand Terrace Planning Commission
conducted duly noticed public hearing at a regular meeting of the Planning Commission on
Zoning Code Amendment 22-03 at the Grand Terrace City Hall Council Chambers located
at 22795 Barton Road and concluded the hearing by adopting a Resolution recommending
5-0 that the City Council determine that this Ordinance is exempt from CEQA pursuant to
Section 15061(b)(3) and approve this Ordinance establishing Objective Design Standard
requirements; and
WHEREAS, on February 14, 2023, the City Council conducted a duly noticed public
hearing on the ordinance at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and conducted second reading on______, 2023;
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. The City Council hereby specifically finds that all the facts set forth in
the above Recitals, are true and correct and, further, incorporated such facts herein.
SECTION 2. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations because the revisions are regulatory in nature and will not in themselves
create impacts to the environment.
SECTION 3. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council specifically finds as follows:
1. Zoning Code Amendment 22-03 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the City because these amendments establish “Objective Design Standard”
requirements that will support State requirements to provide ministerial review
on multifamily projects and mixed-use development while preserving the
architectural standards to create and promote visual character of the
community and protecting the quality of life of residents and visitors.
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2. Zoning Code Amendment 22-03 is consistent with the General Plan and the
Municipal Code because these amendments establish “Objective Design
Standard” requirements that supports the goals and policies of the General
Plan programs and policies that will preserve and enhance the quality and
character of the city, encourage street oriented mixed use and multi-family
residential projects while maintaining the highest standards to provide
development that will enhance the surrounding development.
3. Zoning Code Amendment 22-03 will not be injurious to property or
improvements in the neighborhood or within the city. The establishment of
“Objective Design Standards” create a set of requirements that maintain high
quality of design and construction for multifamily and mixed-use development.
The Objective Design Standard requirements will allow the construction of
high-density development that will revitalize the city’s image and enhance the
visual character of the community as well as curb the negative impacts of
multifamily and mixed-use developments in general.
SECTION 4. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council finds this Ordinance, adopting Objective
Design Standards 22-03, is exempt from CEQA pursuant to section 15061(b)(3).
SECTION 5. Based upon the forgoing and all oral and written testimony by
members of the public and City staff (including, but not limited to, staff reports and
attachments) made at the public hearing, the City Council hereby amends Title 18 (Zoning)
of the Grand Terrace Municipal Code as provided in Exhibit A, attached hereto and
incorporated herein by reference.
SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective thirty (30) days
from and after its adoption.
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SECTION 9. The City Council conducted the first reading at a regular meeting of the
City Council held on the 14th day of February 2023, and adopted the Ordinance after the
second reading at a regular meeting held on the __day of ____, 2023.
SECTION 10. 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 and this Ordinance shall take effect
30 days after its final passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the ___ day of February 2023.
__________________________
Bill Hussey
Mayor
ATTEST:
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
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Exhibit A
Chapter 18.64
OBJECTIVE DESIGN
STANDARDS
Sections:
18.64.010 Purpose, Intent and Applicability
18.64.020 Other Standards and Requirements
18.64.030 Definitions
18.64.040 Sustainable Design
18.64.050 Building Design
18.64.060 Site Design
18.64.070 Additional Standards
18.64.080 Additional Mixed Use Standards
18.64.090 Permits and Approvals
18.64.010 Purpose, Intent and Applicability
This chapter is intended to implement the provisions consistent with Senate Bill No. 35 and
Senate Bill 330, Government Code Sections 65400
A. Purpose. The purpose of this Chapter is to establish design standards that are
objective for multifamily residential development and mixed-use development with a
residential component to ensure that such development is attractively designed,
maintains positive aesthetic characteristics, and to provide property owners and
developers with predictable design approval standards for such development. The
standards established in this Chapter are supplemental to the development standards
applicable to multifamily residential development and mixed-use development as
established within the Municipal Code for each zoning district allowing such use.
This Chapter also establishes conditions and procedures for processing streamlined
housing projects consistent with Government Code Section 65913.4.
B. Intent. It is the intent of this Chapter to provide design standards that are
objective while also ensuring that the City’s requirements for quality design of
multifamily residential development and mixed-use development with a
residential component are satisfied. These design expectations are to be applied
uniformly, and without discretion, to enhance the built environment within the
City for both affordable and market-rate multifamily residential development.
C. Applicability. The provisions of this Chapter apply to all multifamily residential
developments and mixed-use development with a residential component as defined
herein. Regarding the permitting process in particular, any application that complies
with all provisions of this Chapter and regulations of the applicable zoning district
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shall be eligible for a ministerial review process, as set forth in Section 18.64.080
(Permits and Approval). When an applicant elects to deviate from the objective
design standards set forth in this Chapter, a ministerial review process
shall not apply and the development application shall be subject to any required
discretionary application types, review and approvals as set forth in Chapter 18.63 (Site
and Architectural Review).
18.64.020 Other Standards and Requirements
A. Zoning and Development Standards. A multifamily residential development or
mixed-use development with a residential component that is designed in
conformance with this Chapter shall also comply with all development standards
and regulations of the designated zoning district and other applicable provisions
of Title 18 (Zoning).
B. Subdivision Regulations. A multifamily residential development or mixed-use
development with a residential component that is designed in conformance with this
Chapter that requires the approval of a subdivision action in order to establish a legal
building site for such development, shall comply with all applicable requirements of
Title 17 (Subdivisions).
C. Building/Fire Codes. A multifamily residential development or mixed-use
development project with a residential component that is designed in conformance
with this Chapter shall also comply with all applicable regulations of Title 15
(Buildings and Construction), including but not limited to plan check review, permit
issuance and applicable fees. Projects must comply with San Bernardino County Fire
submittal and review requirements.
D. California Environmental Quality Act (CEQA). A multifamily residential
development or mixed-use development project with a residential component that is
designed in conformance with this Chapter, qualifying for a ministerial review
process, shall be considered exempt from CEQA pursuant to Government Code
Section 65913.4. This exemption does not preclude a determination by the City that
certain technical reports (e.g., stormwater quality management plan, water and sewer
studies, traffic studies, noise studies, parking studies, biological survey, historical
survey) are required as part of the standard submittal checklist established by the
Director, or as required through the imposition of standard conditions of approval.
Any required
technical reports shall conform to City requirements established for such reports.
Projects that do not qualify for a ministerial review process shall be reviewed in
compliance with the applicable CEQA guidelines for discretionary application types.
18.64.030 Definitions
For purpose of this chapter, the following terms shall be defined as follows:
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A. “Multifamily Residential Development” means a building(s) with two or more
attached residential units. It also includes a mixed-use development with a
residential use as defined herein. This term does not apply to accessory dwelling
units generally unless the application is for new construction of a single-family
home with an attached accessory dwelling unit.
B. “Mixed-Use Development” means a building(s) and site where at least two-thirds
(2/3) of the square footage of the building(s) shall be designated for residential use.
The two-thirds (2/3) calculation is based upon the ratio of gross square floor area
(square feet) of residential units and related residential facilities to gross building(s)
floor area (square feet) for the nonresidential use, such as commercial. Buildings that
include both residential and nonresidential uses shall be credited proportionate to the
intended use. The calculations of building(s) square footage shall not include non-
conditioned building floor area or below-grade floor area, such as basements, or
underground parking garages.
C. “Ministerial Review Process” means a process for development approval
involving little or no personal judgment by the City as to the wisdom or manner
of carrying out the project. The ministerial review process simply ensures that
the proposed development meets all the requirements of this Chapter.
D. “Objective Design Standards” are defined in Government Code Sections 65913.4
and 66300 (a)(7) to mean that no personal or subjective judgment is used by the
City. The standards are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development
applicant/proponent of the project and City prior to submittal of a development
application.
18.64.040 Sustainable Design
A. LEED Platinum Requirement. For the purposes of this Chapter, all multifamily
residential buildings and sites and mixed-use buildings and sites with a residential
use shall demonstrate that the application qualifies for the “Platinum Level
Certification,” or an equivalent standard as defined by the Leadership in Energy and
Environmental Design (LEED) of the United States Green Building Council. Plans
and/or supplemental specifications shall be provided at the time an application is
submitted for preliminary or formal review as required by City application
forms/checklists as established by the Director.
B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all
multifamily residential development and mixed-use development with a residential
use shall demonstrate that the application is in compliance with all applicable
requirements by the Riverside Highland Water Company and compliance with the
City’s Water Efficient Landscape regulations in Chapter 15.56. The landscaping
application shall demonstrate conformance with the latest Model Water Efficient
Landscape Ordinance (MWELO) guidelines by the California Department of Water
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Resources. Plans and/or supplemental specifications shall be provided at the time an
application is submitted for preliminary or formal review as required by City
application forms/ checklists established by the Director.
18.64.050 Building Design
Unless otherwise noted, development shall comply with the Municipal Code design
development standard requirements of the underlining zoned district in which they are
located, including but not limited to front setback requirements, distance between buildings,
required height, and lot coverage.
A. Residential Entries. The following standards apply to first floor street or publicly
accessible common open space-facing façades of residential or mixed-use buildings. The
primary orientation of a building or unit entrance in multifamily residential site shall be
designed in accordance with the following standards:
1. Street-oriented Entries. Buildings fronting a public street shall have a primary
residential door entrance oriented to the public street or oriented to within 45
degrees of the line parallel to a public street intersection as illustrated in Figure
18.64.050A. Direct and unobstructed universal access shall be provided between the
public sidewalk and the residential primary building entrance. Where a site is
located on two or more public streets, the primary building first floor residential
entry shall be oriented toward the street with the highest roadway classification as
defined in the Circulation Element of the Grand Terrace General Plan. If a multi-
family site fronts two public streets of equal roadway classification, either street
frontage may be used to meet the entry standard.
2. Individual Residential Unit Entries. Multi-family residential buildings with exterior
residential unit entries shall front and be setback a minimum of ten (10) feet from
the public sidewalk. Entries shall be linked to the public sidewalk with a ten (10)
foot minimum width access walkway, ramp, and/or stairs as illustrated in Figure
18.64.050 A.
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3. Common Open Space-oriented Entries. Multi-family residential building primary
entries are permitted to be located at the first floor and directly accessible from
publicly accessible common open space paseos, courtyards, plazas, or a street
fronting residential setback as illustrated in Figure 18.64.050B. Common open space
entries shall have direct sightlines and continuous and unobstructed universal access
sidewalk routes between the entries and the street public sidewalk.
4. Exterior Multiple Unit Entries. Residential entrances serving multiple units shall be
accessed from a first floor lobby or stairwell that is linked to a public sidewalk,
publicly accessible open space, or residential front setback. Exterior entrances to
individual units on upper floors utilizing an exterior access corridor visible and/or
connecting to a public street shall serve a maximum of four units and shall be
recessed with a minimum depth of ten (10) feet as illustrated in Figure 18.64.050 B.
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B. Modulation and Articulation. The massing and articulation of buildings in multifamily
residential
development shall be designed in accordance with the following standards:
1. Setbacks. Multifamily units that are anticipated to have impact adjacent development
privacy. To mitigate the impacts, the following standards shall apply, as illustrated in
Figure 18.64.050C.
a. Minimum requirements. When a multifamily residential building is constructed
adjacent to any parcel that includes an existing structure, a fifteen (15) foot setback is
required wherever the multifamily building is located within ten (10) feet of a required
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side or rear setback. The setback shall be for stories that are one (1) story greater than
the highest roof line elevation of any existing residential structure.
b. Size and location of windows. To mitigate privacy impacts, residential units shall
reduce the number and locate residential windows to minimize sightlines to existing
development. All California Building Code egress window requirements for residential
occupied units shall be met.
c. Landscape privacy screening. When adjacent to existing residential development, a 10
foot landscaped setback shall include vertical evergreen trees, at a minimum height of
20 feet, and maximum spacing of 10 feet on-center at installation. All privacy
screening trees shall be planted at a minimum of twenty-five (25) percent of full
growth maturity. All trees shall be provided at a minimum size of 36-inch box.
1. Facade Modulation. As illustrated in Figure 18.64.050D, all building facades shall be
articulated horizontally a minimum of every fifty (50) feet along all sides, using
facade projections, recesses, or step backs of upper floors. Façade area used to meet
this standard shall be a minimum of five feet in depth and 10 feet in width and shall
be articulated vertically a minimum of two-thirds (2/3) of the height of the structure.
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2. Façade Articulation. Articulation of any facade greater than 20 feet in length along
any street- facing frontage, or 30 feet along any façade. These facades shall be
articulated by incorporating at least three (3) of the following features each of which
is illustrated in Figure 18.64.050E:
a. Window and door fenestration. All individual or window and door systems shall
project a minimum of two (2) inches in depth from the primary wall plane or shall
be recessed from the primary wall plane a minimum of three (3) inches;
b. Recessed ground floor modulation. Exterior arcades, porticos or cantilevered
ground floor building recesses that provide sheltered walkways, patios, stoops or
porches within the building footprint, having a minimum area of fifty (50) square
feet;
c. Horizontal modulation. Projected or recessed bay, oriel, or alcove of a minimum two
(2) foot
depth variations from the primary wall plane for 30 percent of building frontage;
d. Modulated entries. A recessed stoop or porch or projected vestibule or foyer unit entry
with a
minimum area of fifty (50) square feet; or
e. Vertical articulation pilasters which project a minimum of six (6) inches in
depth from the primary façade and extend the full height of the building from
the first story finished floor elevation to the rooftop eave or top of parapet or
cornice line.
E.11.b
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3. Roofline Articulation. All building rooflines shall be vertically articulated at least
every fifty (50) feet, through one of the following techniques as illustrated in Figure
18.64.050F:
a. Option 1- An increase or decrease in height of a minimum four (4) feet;
b. Option 2- A change in at least one (1) roof pitch or form; or
c. Option 3- Articulation of the roofline utilizing of one (1) of the following- dormers,
gables,
varying height cornices, and/or clerestory windows.
E.11.b
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4. Horizontal Articulation. Buildings three (3) stories or greater in height shall be
horizontally articulated a minimum of every one hundred (100) feet along all
frontages through the use of either façade recesses or façade projections. Setbacks or
projections shall be a minimum of five
(5) feet in depth and ten (10) feet in width and shall extend the full height of the
building from
the first story finished floor elevation to the roof eave or top of parapet or cornice line.
5. Vertical Articulation. Buildings three stories or greater in height shall vertically
differentiate the function and use of the first story from the upper story(s) by
providing a façade cladding material change between the first story and upper
stories for a minimum of 75 percent of all
facades. Facades shall incorporate at least two of the following to achieve this
differentiation as illustrated in Figure 18.64.050G:
a. Recesses or Projections. Variation in the primary façade plane projecting or
recessing a minimum of four (4) inch in depth at the vertical transition line
between the first story and upper story(s) façade materials.
b. Horizontal Banding. Horizontal articulation between the first story and upper
story(s) primary façade planes utilizing a twelve (12) inch projecting ornamental
or functional water table, belt course, molding or ledge.
c. Masonry Base. The first floor primary façade shall consist of a masonry
material, including hand laid and mortared field stone, brick, split face, sand
blasted, or burnished concrete masonry units (CMU), projecting a minimum
depth of one inch from the primary façade of the building. Alternative masonry
materials include tile, wood siding, shakes, or metal panels.
E.11.b
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d. Step Backs. Recessing the top story(s) of the façade a minimum of five (5) feet from
the lower story(s) primary façade(s).
C. Architectural Elements. Buildings in multifamily residential development parcels shall be
designed in accordance with the following standards:
1. Four (4) Sided Architecture. All buildings and structures within a multifamily
development parcel shall utilize the same façade design elements, utilized the same
materials and roof materials and articulation and modulation treatment on all building
facades, including the use of paint colors.
2. Quality. Mixed income multi-family development parcels that include both affordable
residential units and market rate residential units are required to be constructed using
the same façade articulation and modulation treatment, façade colors, and materials
such that the façades of affordable and market rate units are indistinguishable.
3. Private Open Space Amenity. All first (1) floor residential units shall include a
private terrace or patio. All upper floor residential units shall include a private
balcony or rooftop terrace.
4. Architectural Projections. All building façades and/or roofs shall include a minimum of
two
(2) of the following features above the first (1) floor of the building along all street
frontages as illustrated in Figure 18.64.050 G. The horizontal distance between
features shall be no greater than twenty-five (25) feet. The minimum width and depth
of these features shall be as follows:
a. Greenhouse or garden windows- must be at least eight (8) inches in depth at the
farthest point from the primary façade of the building, and five (5) feet in width.
b. Bay Windows- must be at least ten (10) inches in depth measured at the farthest
point, and five feet in width.
c. Roof dormers- must be at least two (2) feet in depth measured at the farthest point
from the roof surface of the building, and four (4) feet in width.
d. Balconies and Rooftop decks- must be at least five (5) feet in depth and ten (10) feet
in width.
E.11.b
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5. Blank Walls. First floor façade without doors or windows shall be no greater than two
hundred (200) square feet where fronting sidewalks, multi-use paths, or publicly
accessible outdoor common space areas. Blank wall frontages shall include front or
side yard setback landscape screening foundation planting beds that must be a
minimum of three (3) feet in width for the entire façade length.
6. Blank Wall Standards. Blank walls shall be mitigated where it is infeasible to provide
openings, such as a parking garage, trash room, mechanical room, or electrical room.
One of the following treatments shall be provided for any blank wall greater than
twenty (20) feet in length:
a. Wall treatment. Wall treatment in the form of permitted graphic or sculptural art;
decorative ceramic tile; or painted metal or treated wood latticework combined
with living plant material shall be provided along the blank wall. A minimum of
fifty (50) percent of the blank façade shall be treated.
b. Surface texture. Surface articulation that recesses or projects a minimum of two
(2) inches from the face of the primary facade shall be provided. Stone, stone
veneer, cast in place or precast concrete, and finished concrete block are permitted
surface treatments. A minimum of fifty (50) percent of the blank facade shall be
treated.
E.11.b
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c. Screen Landscaping. Planting in the form of any combination of climbing vines,
perennials, annual flowers, decorative grasses or shrubs, shall be provided in
planting beds, raised planting beds or planter boxes in front of the blank wall.
Such planting bed or planter boxes shall extend to a depth of at least three (3)
feet, inclusive of any structure containing the planted material. Any individual
planted area shall have a width and height of at least five (5) feet at time of
landscape installation. A minimum of fifty (50) percent of the blank façade shall
be screened by planted material.
D. Building Colors and Materials.
1. Primary Façade Material. Building primary façades shall be wood, stone, brick, stucco,
fiber cement or other cementitious material, or composite wood or stone.
2. Secondary Façade Material. At least two (2) secondary façade materials shall be used on
all building façades.
3. Building Color. Buildings shall have a minimum of one (1) primary façade color,
one (1) secondary façade color, and two (2) accent window and door frame, or trim
colors, and one (1) roof color.
4. Façade Color Standards. Facade colors shall be select that are appropriate for
Grand Terrace’s Inland Empire setting. Paint color and finish shall be muted and
flat to imitate colors found naturally in nearby Blue Mountain soil, trees, rocks,
and other organic materials.
a. The use of color and materials shall strengthen and complement building
vertical and horizontal modulation.
b. All building facades shall be painted equally.
c. Facade Colors. The primary color and secondary colors shall be limited to warm
white shades and rich, warm colors containing some brown (ranging from neutral
tan to deep brown).
i. The outer ring of the color wheel illustrates the range of colors that are of an
earth tone and are acceptable for use. Facade colors within the illustrated earth
tone spectrum may vary in tint and tone but are not allowed to use the hue
(pure color) as illustrated in Figure 18.64.050 H.
E.11.b
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5. Fenestration Color Standards. Windows, doors, and trim shall be limited to a minimum
of two
(2) and a maximum of three (3) paint colors.
a. Windows and doors trim are permitted to utilize all the tints and tones of
the full color spectrum.
b. Windows shall be limited to shades of black or warm colors containing deep brown.
c. Doors shall be permitted to utilize the tints and tones of the full color spectrum.
d. Prohibited Colors. Trim, Doors and Windows are prohibited from utilizing the
hue of any color.
6. Color Sources. Building shall use the hex color palettes identified as earth tones in
Hexcolorpedia
https://hexcolorpedia.com/?s=earth+tonespage%2F2page%2F2page%2F2 or
equivalent on-line color tool that provides information about earth tone color.
Buildings shall be limited to:
a. Primary Building Façade Colors. The primary hex color tints, tones and shades.
b. Primary Color Blending. Blending two hex color values to create a gradual
transition.
c. Secondary Color Schemes. Complementary, analogous, triadic, tetradic,
aesthetic, hue rotation and monochromatic hex colors schemes.
7. Prohibited Façade Materials. The following materials shall not be used for multi-
E.11.b
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family residential building façade. Cladding shall include the following prohibited
materials: vinyl siding, corrugated fiberglass siding, chain link fencing parapet or
mechanical equipment screens, crushed colored rock veneer panel siding, corrugated
metal, engineered oriented OSB sheathing panels, tongue and groove and T1-11
plywood siding. No more than five (5) percent of a façade may be of reflective vision
and/ or spandrel glazing, tumbled glass tiles, ceramic tiles or architectural metal
paneling. MDO or CDX grade or better weather protected painted or stained plywood
panels used for board and batten cladding is permitted. No cladding shall have
exposed or unfinished edges.
8. Windows. True divided lite window types are permitted. Simulated divided lite
windows with decorative grilles embedded or applied to window glass glazing is
prohibited. Window tinting is prohibited.
9. Doors. Fifty (50) percent minimum transparent glass doors for multiple unit
lobby entrances shall be required but shall not be required for individual
residential unit entries.
18.64.060 Site Design
A. At-Grade Parking Lots and Individual Residential Unit Parking Garages/Carports. In
addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily
residential sites with at-grade parking lots, or where units are served by individual
residential unit garages/carports, shall be designed in accordance with the following:
1. Location. At-grade parking lots, parking spaces, or loading zones shall not be located
between the building frontage and public streets. If a site consists of multiple
buildings, this standard only applies to the building(s) fronting public streets. At-
grade parking lots shall only be located behind street fronting buildings.
2. Pedestrian Access. Publicly accessible six (6) foot minimum width sidewalks shall
be provided through at-grade parking lots at a minimum of every four rows of
parking or at a minimum of every one hundred thirty (130) feet, whichever is less.
Publicly accessible sidewalks shall be
E.11.b
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aligned to connect to buildings with consolidated entries and linked to other public
sidewalks, and publicly accessible sidewalks within the site. All such pathways shall
be clearly marked and differentiated from at-grade parking lot drive lanes areas by
colored and or surface textured asphalt, unit pavers, or stamped concrete pavement
treatment. Public accessible sidewalks shall meet the right-of-way established in the
Grand Terrace, Circulation Element and shall include the required street landscape,
per Municipal Code, Chapter 12.28-Street and Parkway Trees.
3. Motor Vehicle Access. At-grade parking lot motor vehicle access shall be taken from
an any existing alley. For sites without an alley, at-grade parking lot motor vehicle
access shall be from a public street curb cut and driveway with the lowest roadway
classification as identified in the Grand Terrace Circulation Element. Alleys shall be
considered part of the multi-family site and shall be maintained by the property
owner as a condition of use.
4. Garage Door Setback. Individual residential unit parking garage doors that front the
street shall be setback a minimum of five (5) feet behind the front primary façade of
the multi-family building or the front façade of a covered porch or stoop that
projects in front of the primary façade.
5. Garage/Carport Design. Individual residential unit parking garages and/or carports
shall include equivalent façade design elements, fenestration, material and color
application as those of the residential buildings within the site.
B. Structured Parking. In addition to the requirements of Chapter 18.60 (Off-Street
Parking), multifamily residential buildings that include structured parking shall be
designed in accordance with the following standards:
1. Screening. Where multifamily building fronts public streets, structured parking
shall not comprise more than fifty (50) percent of the first floor building width
subject to the following:
a. Any two hundred (200) square feet or greater facade shall include required
façade articulation, landscaping, and/or other requirements of C. Architectural
Elements 5. Blank Walls.
2. Ventilation. Façade natural exhaust ventilation openings shall be screened with
wrought iron grilles and/or landscaping. Ventilation openings shall not exceed
twenty (20) percent of any street fronting first floor façade.
3. Control and Access. Mechanically or manually-controlled structured parking doors or
gates shall be setback a minimum of forty (40) feet behind the back of a public
sidewalk. For mixed use buildings or sites, the use of controlled entrances shall be
limited to the portion of a structured parking reserved for resident parking spaces. At
controlled structured parking driveway entrances, lanes shall be dimensioned to
permit motor vehicle U-turns to allow a vehicle to exit without backing into the street.
Parking spaces provided for multi-family building guest, service and delivery use
shall be provided outside of any controlled entrance parking structure.
C. Site Access and Connectivity. Multifamily residential site streets, sidewalks, and multi-
use pathways shall include:
1. Internal Sidewalks. Sites shall provide unobstructed American with Disabilities
E.11.b
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Act (ADA) compliant five (5) foot minimum width surface separated by a
minimum three (3) foot wide planting bed where fronting any building.
2. Site Design. For multi-family sites, the following standards shall apply as
illustrated in Figure 18.64.060A:
a. Internal Circulation. Multi-family sites that include internal streets or driveways
shall provide uninterrupted continuous vehicle and walking connections through the
site and a minimum of two (2) access points to fronting public streets or alleys and
sidewalks.
b. All site internal streets, driveways, alleys, sidewalks, and multi-use pathways
shall align with all existing and planned streets, alleys, sidewalks, and multi-use
pathways external and fronting to the site.
c. Any internal site cul-de-sac or other dead-end street longer than three hundred
(300) feet shall provide sidewalk or multi-use pathway connections between
internal or external streets sidewalks or multi-use pathways.
d. Multi-family sites shall not be greater than six hundred (600) feet in length,
measured from any fronting cross-street centerline, alley center line, or side
property line. Walking and biking midblock access connections shall be
provided at distances no greater than three hundred fifty (350) feet measured
from a cross-street center line, alley center line, or side property line to the mid-
block sidewalk or multi-use pathway center line. All connecting midblock
sidewalks or multi-use pathways shall have a ten (10) feet minimum width.
E.11.b
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E.11.b
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D. Landscaping and Common Open Space Amenities. Multi-family buildings and sites
shall comply with all open space requirements of each zoning district and the
following additional site design standards:
1. Minimum Requirements. Sites shall include live landscape plant and/or mulch
materials throughout except where paved parking lots, streets, driveways, sidewalks,
patios, service or utility structures/ pads, recreation facilities, or water elements
occur. Live landscape planting will comprise a minimum of seventy-five (75) percent
coverage and planted at fifty (50) percent (minimum) at installation.
2. Minimum Size. All site trees and shrubs shall be planted at a minimum of twenty-
five (25) percent of full growth maturity. Trees within landscaped areas shall be
provided at a minimum size of 36-inch box, or a minimum 48-inch box if tree
specimen has a 20-foot canopy.
3. Concrete Surface Standards. Multi-use pathways adjacent to common open space
areas that include flat work concrete surfaces greater than ninety-six (96) square feet
shall be poured in place concrete. A minimum of fifty (50) percent shall be a
stamped, salt, or exposed aggregate finish or utilize multiple colors of concrete with
no individual section having more than ninety- six (96) square feet of one color.
Stamped, or aggregate finish shall be used in high traffic areas.
4. Other Landscape Requirements. Landscape requirements not specifically stated
on this Ordinance shall comply with the Municipal Code, Chapter 18.61-
Landscape Requirements
5. Walls and Fences
a. Walls and fences within the front setback shall not exceed 3 feet in height.
b. Concrete or Concrete Masonry Unit (CMU) Will be constructed with split faced
or shot blast CMU; or stone veneer over precision block; or monolithic poured
concrete with surface resembling either stone veneer, or split face finish; or
monolithic poured concrete with raised or depressed patterns of at least one half
inch (1/2”) covering 50% of the surface.
c. Fences must be constructed of cedar or vinyl materials. All posts must have caps.
Acceptable type of wood fence are illustrated in Figure 18.64.060 B.
E.11.b
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d Other fences include:
i. Wrought iron or decorative iron, must have twelve (12) inches by twelve (12)
inches pilaster a minimum of every ten (10) feet
ii. Brick, stone, or brick or stone veneer over precision block.
iii. Glass fencing panels
iv. Columns of brick, stone, stone veneer or CMU as above no more than ten (10)
feet apart with any of allowed fencing materials between the columns
6. Multi-family development sites shall comply with the parkway requirements
included on Chapter 12.28 – Street and Parkway Trees.
7. Common Open Space Standards (parkway requirements). Common open space
resident amenities areas shall have a minimum dimension of 15 feet in depth and
width and shall be contiguous to accommodate passive individual or group
active recreational activity areas.
8. Common Open Space Siting Criteria. Location of common open space amenity areas
shall be determined by the following siting criteria:
a. Equal distance or less to no less than fifty (50) percent of all residential units within
the multifamily building or site.
b. Solar orientation. Preferred Option- oriented no more than thirty (30) degrees off
of a true south facing axis line. Alternative Option- oriented no more than thirty
(30) degrees off of a true east or west facing axis line. Prohibited- oriented off a
north facing axis line.
E.11.b
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c. Screening. Visually obstructed from first floor windows, streets, service areas
and parking lots with a minimum five (5) wide landscaped planting bed and/or
fencing excluding chain link materials. All fencing shall be subject to the height
limitations of the zoning district and requirements of Chapter 18.73.070 (Fences
and Wall Height).
9. Required Common Open Space Amenities. Common open space areas shall be
designed to provide specific amenities as shown in Table 18.64.060A based upon the
number of units within a multifamily residential development. The required amenities
outlined in Table 18.64.060B are additive and require that the Base Amenity Type
and Minimum Size of Amenity be satisfied for the applicable number of units
threshold, plus all preceding Base Amenity Type and Minimum Size of Amenity
Type, plus any additional increase in number or size of the amenity based upon the
Additive Amenity Ratio. As an example, a multifamily residential development
consisting of 16 units shall provide a business center with at least two work stations
or a 250 square foot gym, plus an outdoor active use area or facility, plus 48 square
feet of community garden area (32 sf + 16 sf), and two barbecue areas with seating.
Table 18.64.060A
Multifamily Residential Development Amenity
Standards
# Of
Unit
s
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
4 Barbecue with table seating 1/10 Units
8 32 sf Community Garden 8 sf/4 Units
12 1200 sf Outdoor Active Use Area 50 sf/1 Unit
16
Provide One of Two:
• Business Center with 2 Work Stations
• 250 sf of Gym
• 1 Workstation/8 Units
• 5sf/I Unit
24
Provide Two of Three:
• Business Center with 3 Work Stations
• 290 sf Gym
• Clubhouse with 400 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
32
Provide all of the following:
• Business Center with 4 Work Stations
• 290 sf Gym
• Clubhouse with 440 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
E.11.b
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Table 18.64.060B
Multifamily Residential Development Amenity
Standards
# Of
Unit
s
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
40 Provide all Amenities listed as the Base for 32 Units,
and: Provide
• One 36 SF In-Ground Outdoor Spa
Same rate as 32 Units 1.5 sf
Increase/ 1 Unit > 100 Units
65
Provide all Amenities listed as the Base for 40 Units,
and: Provide One of Two:
• 800 sf Pool
• 1000 sf Children's Play Area1
Same rate as 40 Units
• 10sf/I Unit
• 10sf/I Unit
80 All Amenities Listed as the Base for 65 Units Same Rate as 65 Units
100
All Amenities2 Listed for 80 Units and
Provide one of two3:
• One full sized Basketball Court
• One full sized Tennis Court
• 1 Court + 75 Units
• 1 Court + 100 Units
150 All Base Amenities2 Listed for 100 Units Same Rates for All Apply
Notes:
1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an
Additive Amenity Ratio calculated at 5 sf/1 Unit.
2. Allows Wellness Facility Substitution for 55+ Age Restricted Development
3. For 55+ Age Restricted Development May Substitute the Basketball Court with a
Bocce Ball Court and/or replace the tennis Court with a Pickleball Court
E. Illumination. Multifamily residential sites and building façades shall comply with the
following parking lot areas, pedestrian pathways, and building and structure exteriors
illumination standards:
1. Common Area/Private Open Space. All publicly accessible common areas and private
residential open space areas shall comply with the illumination foot-candle (fc) level
standards as follows:
a. Service areas and vehicular traffic areas: minimum two tenths (0.2) fc, maximum
four (4) fc.
b. Sidewalks and building entries: minimum one (1) fc, maximum five (5) fc, with
an average of two (2) fc.
c. Parking lot and area: minimum one (1) fc, maximum four (4) fc.
2. Sidewalks. Sidewalk lighting shall have a maximum light pole and fixture height of
fifteen (15) feet.
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3. Parking Lots. Parking lot and area light fixtures shall be fully shielded and dark sky
rated. The light pole and fixture height shall be no greater than eighteen (18) feet
above the parking lot finished grade.
4. Accent Lighting. Glare-free direct accent light fixtures with an illumination ratio
of less than thirty to one (30:1) shall be permitted to highlight façade articulation,
artwork and landscape specimen plantings. The extent of light coverage of all site
light installations shall not exceed two (2) foot candle maximum illuminance
impact on any fronting residential or commercial sites.
F. Equipment and Service Areas. Multifamily residential buildings and sites shall comply with
the
following equipment and service area standards:
1. Underground. All service connections and on-site utilities including wires, cable,
and pipelines and equipment shall be installed underground.
2. Roof-top Screening. All exterior mechanical and electrical equipment, which
includes, but is not limited to roof-mounted, façade-mounted, or ground-mounted
heating, venting, and cooling (HVAC) units, gas and electric utility meters,
telecommunication equipment, backflow preventions, assemblies, irrigation control
valves boxes, electrical transformers, pull boxes, and all HVAC ducting shall be
screened. Roof-mounted equipment shall not be visible from eye level at five (5) feet
above grade of fronting streets centerlines and/or first floors of buildings within
twenty (20) feet of the multi-family site property lines. Screen façades shall utilize
the same façade design elements, colors and materials of the building. All roof-
mounted equipment shall be screened from public view by screening materials of the
same nature as the building. Mechanical equipment shall be located below the
highest vertical element of the building. Ground mechanical equipment units shall be
screened in a manner consistent with the building façade.
3. Ground-mounted Screening. All ground-mounted mechanical equipment, shall not
be visible from eye level at five (5) feet above grade from any publicly accessible
open space (rights-of- way, public trails, and parks). Screen façades shall utilize the
same design elements, colors and materials of the building.
4. Refuse Standards. Refuse collection and storage areas shall comply with the
requirements of the City’s service provider and the following standards:
a. Utilization of individual dwelling unit refuse containers shall be limited to buildings
of four (4) units or less. The containers shall be stored within an unobstructed area of
each resident’s assigned parking garage space or within a common enclosed refuse
container structure that utilizes the same façade design elements, materials, and
colors of the residential building.
b. For multifamily residential buildings consisting of five (5) or more units,
common container areas shall be provided and comply with the following
standards:
i. An enclosed refuse container structure that utilizes the same façade
design elements, materials, and colors of the residential building(s).
ii. Enclosed structure(s) shall be separated by a minimum of twenty (20) feet from
any dwelling unit located within the multifamily residential site or from any
E.11.b
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property line.
iii. The enclosed structures shall be located a maximum of one hundred (100)
feet distance from the dwelling units served.
iv. Trash enclosures shall be completely sheltered by a roof.
v. No minimum distance from dwelling units is required if the containers are
located within a fully enclosed refuse room of a residential building. The
enclosed refuse room shall be located a maximum of seventy (75) feet from
the dwelling units served.
vi. Refuse container structures shall comply with Burrtec requirements.
18.64.070 Additional Standards
A. Electric Vehicle Charging Stations (EVCS) Standards. A minimum of one (1) Electric
Vehicle Supply Equipment (EVSE) per garage and one (1) EVSE per five parking spaces
will be required on a multi-family building site. Parking spaces shall be exclusively
dedicated for Electric Vehicle (EV) charging use.
1. Minimum Space Requirements. A parking space served by EVSE shall count as one
(1) parking space for the purpose of complying with any applicable minimum parking
space requirements for multi-family development as established by the Municipal
Code Chapter 18.60.030 Off-street Parking Regulations.
2. Electric Vehicle Charging Space (EV Space) Locations. Where undedicated/guest
parking is provided at least one EV space shall be located in the common use
parking area and shall be available for use by all residents or guests. All EV
spaces shall be located under a weather protected carport, within a parking
structure, or private garage. Electrical equipment shall be located in areas that are
well drained and shield from any landscape bed irrigation spray.
3. Accessibility. EV parking spaces shall comply with at least one of the following options:
a. The EV space shall be located adjacent to an accessible parking space meeting
the requirements of the California Building Code, Chapter 11A, to allow use of
the EV charger from the accessible parking space.
b. The EV space shall be located on an accessible route, as defined in the
California Building Code, Chapter 2, to the building.
4. Electric Vehicle Charging Space (EV Space) Dimensions. The EV spaces shall be
designed to comply with the following:
a. The minimum length of each EV space shall be nineteen (19) feet.
b. The minimum width of each EV space shall be nine (9) feet.
c. Surface slope for accessible EV space and the aisle shall not exceed one (1) inch
vertical in forty-eight (48) inches horizontal (2.083 percent slope) in any direction.
d. Where vertical pole or pylon-mounted chargers are utilized, a minimum of thirty-
six (36) inches of clearance shall be provided to ensure safe and easy movement
around the charging station.
E.11.b
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5. Level 2 Electric Charging Requirements. A maximum of eighty (80) percent of
EVSEs shall have a minimum 40-ampere 208/240-volt dedicated EV branch
circuit and shall be installed in close proximity to the proposed location of an EV
charger, in accordance with the California Electrical Code.
6. Direct Current Fast Charging (DCFC) with Combo Connector Requirements. A
minimum of twenty (20) percent of EVSEs shall have a minimum 40-ampere
208/240-volt dedicated EV branch circuit and shall be installed in close
proximity to the proposed location of an EV charger, in accordance with the
California Electrical Code.
7. Smart Metering. Separate or sub-metering that allows electricity used to be isolated
from the rest of the building’s energy use shall be provided.
8. Signage and Wayfinding. All EV parking spaces shall be identified as EV ONLY
with a vertical pole or wall sign, and pavement shall be marked with a EV painted
symbol as well. Manual on Uniform Traffic Control Devices (MUTCD) compliant
signs shall be provided for reserved American Disabilities Act (ADA) accessible EV
spaces. Additional information for tenant EVSE use including time limits for
charging and enforcement; safety information; and host-operator information shall
be provided.
9. Host-Operator Agreements. The building owner/operator or Home Owner
Association (HOA) shall be responsible for establishing any agreements and costs
associated with EV charging for tenants.
10. Equity. A minimum of ten (10) percent of electricity generated from solar panels
installed on carports over EV spaces shall be credited to low income tenants for
EVSE use. Host-Operator Agreements shall identify qualifications and process for
low income tenants EV use.
B. Public Art Standards. All multi-family development(s) greater than twenty (20) million
dollars in value shall incorporate permanent public art installations into the planning,
design, and construction of the multi-family residential building or site. The public art
shall be an integral part of the building design and/or site design and contribute to an
enhanced quality of life by making art accessible to the residents of Grand Terrace.
1. Value. Private developers shall dedicate a minimum of one (1) percent of the
estimated total project construction costs, excluding the value of the land on which
the project is to be constructed, and the development project’s soft costs including
administration, professional and legal fees, furnishings, development cost charges,
and permit fees. The fee shall represent the total budget for the public art project and
shall cover all costs related to the public art project, including artist selection and
fees, the artist’s consultants and engineers, fabrication, shipping and transportation,
installation, and construction costs related to installation of the public art project. The
cost of the work of Art for Development Projects that are single family residential
development must equal to at least 1/2 % of the estimated total Building Valuation.
2. Art Minimum Requirements. The public art shall be an original, site-specific work
of art, constructed of durable materials such as, but not limited to, metal, glass, stone,
light, or mosaic. The artist shall be permitted to include a team of architects,
E.11.b
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landscape architects, engineers, lighting designers and/or other professionals, but he
or she must be the primary designer of the project, and must hold the contract with
the developer for the work of art.
3. Public Art Coordination. The developer shall be represented by a public art
consultant that shall be retained to oversee the selection of an artist and to ensure
that the finished project is of the quality promised by the artist and meets the
expectations of the City. The public art consultant shall:
a. Coordinate the municipal approval process
b. Communicate with the City staff to ensure a smooth process from beginning to
completion
c. Solicit portfolios from a variety of artists to consider for the project
d. Work closely with the artist to ensure the highest quality of work
e. Ensure that deadlines are met
f. Manage budget issues.
4. Public Art Consultant Fee. The public art consultant shall be paid by the developer, and
the fee shall be negotiated between the two parties. The fee:
a. Shall be an allowable expense within the art budget. Payment shall be based on an
hourly fee with an not to exceed a limit of ten (10) percent of the overall art budget.
b. Fees paid by the developer to the public art consultant shall be provided to the City.
5. Artist Selection Process. A well-considered public art process shall be thorough and
transparent. The developer shall make final decisions about the public art project.
City staff shall participate with the developer’s selection of both the site for the work
and the project artist, providing input, discussion, and counsel to ensure a positive
outcome. The selection process shall be coordinated by the public art consultant and
shall include the following steps:
a. Request For Qualifications (RFQs) from artists to be considered for the project shall
be issued and collected.
b. A selection committee, including the developer, City staff, and other community
members to be determined by the developer and City staff, and the public art
consultant shall review and evaluate artists’ materials submitted based on pre-
determined objective criteria.
c. A short list of a maximum of 5 artists shall be selected to be interviewed.
d. The short-listed artists shall visit the site, meet with the developer and the team,
and review any preliminary site and architectural concepts for the project.
e. Artists shall present their concepts and ideas to the selection committee
during a formal interview.
f. After an interview by the selection committee, the artist shall be selected based on
both the submittal of qualifications and interview results.
6. Artist’s Contract. The public art consultant shall administer the public art contract.
The artist’s contract shall include the artist’s right to retain intellectual property
rights to his or her ideas, concepts, models, samples, drawings as well as the
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finished work of art.
a. The artist shall be responsible for the supervision and/or execution of all aspects of
the public art project.
b. The contract shall be directly between the developer and the artist and is
prohibited to be through a third party, including the project architect, landscape
architect, engineer, or general contractor.
c. Once the art project is complete, the title of ownership shall pass to the
developer. The artist or artist’s estate shall retain the copyright in perpetuity.
7. Art Location. The selected artist shall contribute to the selection of the location.
The artist shall participate with the development team’s architect and landscape
architect early in the architectural concept and design development phases to
ensure that his or her vision shall be integrated into the design of the building or
site. The public art siting locations designated for the installation of public art
projects shall meet the following criteria:
a. The artwork shall be sited as to provide the greatest visibility and accessibility from
the public realm.
b. Proximity to high pedestrian and cyclist activity areas, including lobbies,
common areas, building and site ingress and egress points. The site must be
ADA assessable.
c. When possible, locations shall be places of special heritage or community
significance. Given these criteria, indoor areas if deemed suitable, the
artwork must offer the general public a free and uninhibited access for a
minimum of eighteen (18) hours per day.
8. Post- Installation. The finished and installed public art project shall be included as part
of the developer’s agreement with the City. The project’s Certificate of Occupancy shall
not be issued until the art project has been completed and has been accepted by the City.
a. As part of the developer’s agreement with the City, the art project and the entire
site must be maintained in accordance with guidelines supplied by the artist.
b. No alterations, removal, relocation, or de-acquisition shall take place without the
approval of both the City and the artist.
c. Should the property be sold, these requirements shall remain in place as part of
the property and shall be the responsibility of the new owner.
d. The City shall determine any work and cost to be provided by the building owner if
the art is damaged or removed due to mitigating factors.
C. Bicycle Parking Standards. These standards ensure that required bicycle parking is
designed so people of all ages and abilities can access the bicycle parking and securely
lock their bicycle. Bicycle parking shall be provided in areas that are safeguarded from
theft and accidental damage. The standards allow for a variety of bicycle types,
including but not limited to standard bicycles, tricycles, hand cycles, tandems, electric
motor assisted cycles and cargo bicycles.
1. Minimum Bicycle Parking Requirements. Long-term bicycle parking shall be
provided in secure, weather protected facilities for multi-family building residents
who need bicycle parking for several hours or longer. Short-term bicycle parking
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shall be located in publicly accessible, highly visible locations that serve the main
entrance of a multi-family building. Short-term bicycle parking shall be visible to
bicyclists on the street and is intended for visitors. Amounts of required long-term and
short-term bicycle parking shall be provided as follows:
a. Long term Requirement. Multi-family buildings with 5 or more units, shall provide
one (1) space per unit.
i. In-unit allowance standards. For sites with 20 or fewer units, up to 100%
of bicycle parking spaces are permitted to be in dwelling units.
ii. For sites with more than twenty (20) units, up to 20% of bicycle parking are
permitted in dwelling units.
iii. Elderly or disabled multi-family uses shall provide 1 bicycle parking space per
10 units.
b. Long Term Additional Requirements. Multi-family buildings with more than
twenty (20) units, shall include:
i. Cargo or long tail bicycle parking. A minimum of five ( 5) percent of bicycle
spaces shall be provided for larger bicycles.
ii. Electrical bicycle charging. A minimum of five (5) percent of spaces shall have
access to electrical outlets.
c. Short Term Requirement. Multi-family buildings with more than twenty (20) units
shall provide a minimum of one (1) space per twenty units.
2. Uniform Standards for All Bicycle Parking. Where long-term and short-term
bicycle parking must be provided in lockers or racks, the following standards
shall be met:
a. Bicycle parking area. The area devoted to bicycle parking must be hard surfaced.
b. Bicycle Racks. Racks must be designed so that the bicycle frame and one wheel
can be locked to a rigid portion of the rack with a U-shaped shackle lock when
both wheels are left on the bicycle.
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c. Bicycle Parking Space, Maneuvering Area, and Clearance Dimensions.
Bicycle parking spaces, aisles and clearances must meet the minimum
dimensions of the following:
i. Standard Bicycle Parking Spaces Requirements. The standard required
bicycle space is two (2) feet in width, six (6) feet in length and three (3) feet
four (4) inches in height. There must be at least five (5) feet behind all
bicycle parking spaces to allow room for bicycle maneuvering. Where short-
term bicycle parking is adjacent to a sidewalk, the maneuvering area may
extend into the right-of-way; A wall clearance of two (2) feet six (6) inches
must be provided. A minimum of one (1) foot five (5) inches shall be
provided between spaces.
ii. Vertical Bicycle Parking Spaces Requirements. Vertical bicycle parking
secures the parked bicycle perpendicular to the ground is permitted as an
alternative to standard spaces. The vertical required bicycle space shall be two
(2) feet in width, six (6) feet in height and two (2) feet in depth. There must be
at least 5 feet behind all bicycle parking spaces to allow room for bicycle
maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iii. Stacked Bicycle Parking Spaces Requirements. Stacked bicycle parking
are racks that are stacked, one tier on top of another are permitted as an
alternative to standard spaces. Bicycles shall be horizontal when in the
final stored position. The rack must include a mechanically-assisted
lifting mechanism to mount the bicycle on the top tier. There must be at
least 5 feet behind all bicycle parking spaces to allow room for bicycle
maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iv. Larger Cargo or Long Tail Bicycle Parking Spaces Requirements. These
standard space dimensions shall be ten (10) feet in depth by three (3) feet
in width by three (3) feet four (4) inches in height. At least 5’ feet behind
the pace shall be provided for maneuvering. A minimum of one (1) foot
five (5) inches shall be provided between spaces.
d. Bicycle Lockers. Bicycle lockers that are fully enclosed and secured are
permitted. The locker must be anchored to the ground, and an aisle a minimum
width of five (5) feet in width behind all bicycle lockers to allow room for bicycle
maneuvering shall be provided. The locker space shall have a minimum depth of 6
feet and an access door that is a minimum of 2 feet in width.
i. One (1) bicycle locker with one hundred and twenty (120) volt ac power per
four (4) units and one (1) bicycle rack parking per every four (4) dwelling
units no more than one hundred (100) feet from furthest unit served
3. Standards for Long-Term Bicycle Parking. Long-term bicycle parking must be
provided in lockers or racks that meet the following standards:
a. Security Standards. Long-term bicycle parking must be provided in one or
more of the following:
i. A restricted access, lockable room or enclosure, designated exclusively
for bicycle parking.
E.11.b
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ii. A bicycle locker.
iii. In a residential dwelling unit.
b. In-unit Parking Standards. Long-term bicycle parking spaces may be provided in
a dwelling unit if following conditions are met:
i. The residential unit shall include a dedicated bicycle parking area that meets the
standard bicycle parking spacing dimensions above.
ii. For buildings with no elevators, long-term in-unit bicycle parking shall be
permitted only for first floor units.
ii. Balconies, terraces, or patios are prohibited for in-unit parking.
iv. Signage Standard. If bicycle parking is not visible from the public realm, a sign
must be permanently posted at the main building or site entrance indicating the
location of the bicycle parking.
4. Standards for Short-term Bicycle Parking. Short-term bicycle parking
must meet the following standards:
a. Location. Bicycle parking must be on-site, outside the building, at the same
grade as the sidewalk or at a location that can be reached by an accessible
route.
b. Main Entrance Proximity. The bicycle parking must be within 50 feet of the main
entrance to the building as measured along the most direct pedestrian access
route.
18.64.080 Additional Mixed Use Standards
A. Conformance with Standards and Requirements. Mixed-use sites and buildings that
include residential dwelling units shall comply with both development standards of the
zoning district and all applicable multi-family design standards of this Chapter.
B Low Income Units. Developments proposing twenty (20) residential units or more are
required to provide ten (10) percent low income units or five (5) percent very-low income
units. No in-lieu fee shall be accepted.
C. Off-street Parking. Mixed use sites shall comply with all requirements of the
Municipal Code Chapter 18.60–Off-Street Parking
D. Ground Floor Use and Height. First floor residential dwelling units shall be prohibited
along street facing building frontages. The minimum first floor commercial building
height shall be fourteen
(14) feet, measured from the first finished floor elevation to the second floor finished floor or
rooftop elevation. Upper floor to floor heights shall be no greater than the first floor height.
E. First Floor Window and Door Transparency. All non-residential first floor street
fronting uses shall comply with all applicable standards:
1. Commercial or retail uses: exterior walls facing a street shall include window and
door openings that comprise a minimum of seventy-five (75) percent of the first floor
primary façade area, measured vertically between two and eight feet above the
finished grade of fronting public sidewalks and horizontally only where first floor
E.11.b
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conditioned commercial tenant space occurs along the fronting façade.
2. Office, hotel, and other non-residential uses: exterior walls facing a street shall
include window and door openings that comprise a minimum of seventy-five (75)
percent of the first floor primary façade area, measured vertically between two (2)
and eight (8) feet above the finished grade of fronting public sidewalks and
horizontally only where first floor conditioned office, hotel, and other non-
residential use tenant space occurs along the fronting façade.
3. First (1) floor conditioned tenant space shall include window and/or door openings
spaced no greater than ten (10) feet apart measured horizontally along the street
facing primary building façade. Reflective, tinted, or mirrored window glazing that
prevents views of interior work areas, sales areas, lobbies, or storefront displays at a
minimum five (5) foot depth from the face of the primary first façade is prohibited.
F. Storefront Treatment. First (1) floor non-residential building façades shall comply with all
applicable standards listed and illustrated in Figure 18.64.070A:
1. Awnings and Canopies. Awnings or canopies shall not extend horizontally beyond
first floor non-commercial use window and door openings. Awning and canopy
structural hardware shall not be lower than eight (8) feet above the fronting sidewalk
finished grade elevation. Signage or branding graphics of any type are prohibited on
the exterior surface of the awning or canopy.
2. Base Panels. A wood, metal, or masonry base panel shall be provided across the
entire width of the storefront window system and between any vertically articulated
primary façade projections or recesses. The base panels shall be no greater than
twenty-four (24) inches in height, measured from the bottom of the sill of the window
system to the adjacent sidewalk finished grade.
3. Signage. A projecting or recessed tenant signage horizontal molding band or frieze
shall be provided to articulate the top of only buildings with multiple storefronts. All
tenant signage shall comply with all applicable requirements of Chapter 18.80
(Signs).
E.11.b
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18.64.090 Permits and Approvals
A. Ministerial Action. The review of and action on the design of multifamily residential
development or mixed-use development with a residential component that complies with
the provisions of this Chapter is a ministerial action not subject to further discretionary
review or action. The Director has the authority to review applications for completeness
and compliance with the provisions of this Chapter.
1. Ministerial design review shall be administered through the Precise Plan of Design
requirements as outlined in Chapter 18.63 (Site and Architectural Review), unless
modified herein by this Chapter; and shall not require public notice, public hearing or
be subject to any required findings for approval.
2. Ministerial design review approval by the Director shall determine that the proposed
application and plans:
a. Complies with all applicable design standards of this Chapter.
E.11.b
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b. Complies with all applicable development standards of Title 18 (Zoning) without
requiring a Minor Deviation or Variance. If the Director is unable to make the
above determination, review of the project design shall be subject to all
application types, reviews and procedures as outlined in Chapter 18.63 (Site and
Architectural Review).
3. The Director may, from time to time, provide a summary report as an
informational item, to the Planning Commission, of any ministerial design review
action on a development proposal subject to the provisions of this Chapter. No
action by the Planning Commission shall be required.
B. Other Application Submittals and Types of Review. The following other types of
application submittals and types of review may also apply, subject to the provisions
outlined in this Section:
1. The SB 330 Preliminary Application review process is an additional review by the
Director and provides early identification of all standards and requirements
applicable to a project. A review under this procedure is subject to all requirements
and information and materials listed on the City’s SB 330 Preliminary Application.
The availability of this type of review shall sunset on January 1, 2025, unless
extended by the State legislature. The preliminary application review process is at
the option of a project proponent and may only be implemented when all
requirements of this Chapter are satisfied, including all timeframes required for
submittal of a formal application.
2. If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in
this Section, information and materials as listed on the City’s SB 35 Application
(Affordable Housing Streamlined Review) shall be submitted for review by the
Director to determine eligibility.
3. The provisions, including any requirement for review, hearing and action for
Minor Deviation as provided in Chapter 18.89 (Minor Deviations), Variance as
provided in Chapter 18.86 (Variance), or Conditional Use Permit as provided in
Chapter 18.83 shall apply to any multifamily residential development or mixed-
use development with a residential component that proposes to deviate from any
standard of this Chapter and when it is a requirement established by the proposed
commercial use. Such deviation shall null and void any ministerial design
review action or eligibility for an affordable housing streamlined review process.
4. All development shall be required to comply with San Bernardino County Fire
(SBCF) standards and requirements. All infill development and tenant
improvement projects subject to ODS standards shall be required to submit to
SBCF to obtain conditions of approval for the project.
5. For multifamily development with mixed uses that include restaurants, all
clearances with San Bernardino County Health Department shall be obtained.
C. Building Permit. All development subject to the requirements of this Chapter shall require
a Building Permit, subject to all the standard application, review and processing fees and
procedures that apply to Building Permits generally.
D. Fees. All development subject to the requirements of this Chapter shall be
accompanied by the required application fee. Application fees are established by
Council resolution.
E.11.b
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E. Preliminary Application. In compliance with Government Code Section 65941.1, a
proponent of a multifamily residential development or mixed-use development with a
residential component has the option of submitting a Preliminary Application subject to
all the following requirements:
1. All of the information listed in City’s SB 330 Preliminary Application form and
payment of the Preliminary Application processing fee shall be submitted to the
City.
2. If the City determines that the Preliminary Application for the development project is
incomplete, the project proponent must submit the specific information needed to
complete the application within 90 days of receiving the City’s written identification
of the necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
3. After submittal of all of the information required, if the project proponent revises the
project to change the number of residential units or square footage of construction
changes by 20 percent or more, excluding any increase resulting from Density Bonus
Law, the development proponent must resubmit the required information so that it
reflects the revisions.
4. The project proponent shall submit a formal application for a development project
within 180 calendar days of submitting a complete preliminary application. If the City
determines that the formal application for the development project is incomplete, the
project proponent shall submit the specific information needed to complete the
application within 90 days of receiving the City’s written identification of the
necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and any such ministerial design review approval shall be
deemed null and void.
5. If the applicant revises the project between the Preliminary Application phase and the
formal application phase, such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any increase resulting from
the receipt of a density bonus, incentive, concession, waiver, or similar provision, the
project shall not be deemed to have submitted a Preliminary Application, in
satisfaction of State and City requirements, until the project proponent resubmits the
required information, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
6. Compliance with all applicable provisions of this Chapter; specifically, the process
and timeframes outlined in this Section, shall constitute a ministerial design review
approval in conjunction with the Preliminary Application review if the Director
determines that the proposed application and plans:
a. Complies with all applicable design standards of this Chapter.
b. Complies with all applicable development standards of Title 18 (Zoning Code)
without requiring a Minor Deviation, Variance, or Conditional Use Permit. If the
Director is unable to make the above determination, review of the project design
E.11.b
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shall be subject to all application types, reviews and procedures as outline in
Chapter 18.63 – Site and Architectural Review. Additional review procedures
may be required.
7. The Director may, from time to time, provide a summary report as an informational
item, to thePlanning Commission, of SB 330 Preliminary Application reviews and associated
ministerial design review action on a development proposal subject to the provisions of this
Chapter. No action by the Planning Commission shall be required.
F. Affordable Housing Streamlined Review Eligibility Criteria. In compliance with
Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying
multifamily housing development project may submit to the Director a request for an
affordable housing streamlined approval. The Director will determine if the project is
eligible for streamlined approval within 60 days after application submittal for projects of
150 or fewer units, or within 90 days for larger projects. If the Director denies the
application as incomplete or ineligible for SB 35, the applicant may revise the project to
comply with SB 35 and resubmit the application, subject to the same timeline for review.
Once the application is accepted for review under SB 35, the Director will approve or
deny the project within 90 days after application submittal for projects of 150 or fewer
units, or within 180 days for larger projects. To be eligible for streamlined processing
under SB 35, the development project must satisfy all of the following criteria:
1. The project must be a multifamily housing development that contains at least two
residential units and comply with the minimum and maximum residential density
range permitted for the site, plus any applicable density bonus.
2. If more than ten residential units are proposed, at least ten percent of the project’s
units must be dedicated as affordable to households making below 80 percent of the
area median income. If the project will contain subsidized units, the applicant has
recorded or is required by law to record, a land use restriction for either a minimum of
55 years for rental type units, or a minimum of 45 years for ownership type units.
3. The project must be located on a legal parcel or parcels within the incorporated City
limits. At least 75 percent of the perimeter of the site must adjoin parcels that are
developed with urban uses; which means any current or former residential,
commercial, public institutional, transit or transportation passenger facility, or retail
use, or any combination of those uses. Parcels that are only separated by a street or
highway shall be considered adjoined.
4. The project must be located on a site that is either zoned or has a General Plan
designation allowing for multifamily residential development or mixed-use
development with a residential component.
5. The project must meet all objective design standards in effect at the time the application
is submitted.
6. The project must provide at least one parking space per unit without regard to unit
size, number of bedrooms, or guest parking spaces; however, no parking is required if
the project meets any of the following criteria:
a. The project is located within one-half mile of public transit.
b. The project is located within an architecturally and historically significant historic
district.
E.11.b
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c. On-street parking permits are required but not offered to the occupants of the project.
d. There is a car share vehicle within one block of the development.
7. The project must be located on a property that is outside each of the following areas:
a. Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation, or
land zoned or designated for agricultural protection or preservation by the City.
b. Wetlands, as defined in the United States Fish and Wildlife Service.
c. A very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection, or within a high or very high fire hazard severity
zone as indicated on maps adopted by the Department of Forestry and Fire
Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code, unless the Department of Toxic
Substances Control has cleared the site for residential use or residential mixed-
uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist, unless the development complies
with applicable seismic protection building code standards adopted by the
California Building Standards Commission under the California Building
Standards Law (Part 2.5 (commencing with Section 18901)
of Division 13 of the Health and Safety Code), and by any local building department
under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. A flood plain as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has been issued a flood plain
development permit pursuant to Part 59 (commencing with Section 59.1) and
Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title
44 of the Code of Federal Regulations.
g. A floodway as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations.
h. Lands identified for conservation in an adopted natural community
conservation plan pursuant to the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish
and Game Code), habitat conservation plan pursuant to the Federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other
adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of
special status by State or Federal agencies, fully protected species, or species
protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
E.11.b
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et seq.), the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), or the Native
Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division
2 of the Fish and Game Code).
j. Lands under conservation easement.
k. A site that would require demolition of housing that is subject to recorded
restrictions or law that limits rent to levels affordable to moderate, low, or very-
low-income households; subject to rent control; or currently occupied by tenants
or that was occupied by tenants within the past ten years.
l. A site that previously contained housing occupied by tenants that was demolished
within the past ten years.
m. A site that would require demolition of an historic structure that is on a
local, State, or Federal register.
n. A parcel of land or site governed by the Mobilehome Residency Law, the
Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the
Special Occupancy Parks Act
8. The project does not involve an application to create separately transferable
parcels under the Subdivision Map Act.
9. The project proponent must certify to at least one of the following:
a. The entirety of the project is a public work as defined in Government Code Section
65913.4(8)(A)(i).
b. The project is not in its entirety a public work and all construction workers
employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area.
c. The project includes ten or fewer units, is not a public work and does not require
subdivision.
10. If the project consists of 50 or more units that are not 100 percent subsidized
affordable housing, the project proponent must certify that it will use a skilled and
trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).
E.11.b
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AGENDA REPORT
MEETING DATE: February 14, 2023 Council Item
TITLE: Unfunded OPEB Liability - Strategy Risk Level Approval
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve CERBT Strategy Risk Level
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability by addressing funding
options to reduce pension costs.
BACKGROUND:
The City of Grand Terrace provides certain medical benefits to eligible retirees. To
be eligible to receive the benefits, retirees must have retired directly from the City
under CalPERS with a service or disability retirement. Such benefits are commonly
referred to as Other Post-Employment Benefits (“OPEB”).
At present, Public Agencies have two options for covering OPEB costs. One option
is referred to as “pay-as-you-go,” where an employer makes the required insurance
premium payments for its retirees as those premiums are due, out of its current
year operating budget. This is the City’s current method. The other option is “pre-
funding,” where funds are set aside in a dedicated trust account. Establishing and
funding an OPEB trust ensures than an employer can meet its future obligations by
leveraging the higher yields, thus decreasing the amount needed to be paid by the
City’s General Fund.
The Government Accounting Standards Board (GASB 75) requires agencies to
account for and disclose their OPEB costs for all active and retired employees.
As of the most recent valuation (June 2019) the City's Net OPEB Liability is
$1,964,307 million for benefits already earned. Without a plan to address the City's
OPEB Liability, it is anticipated that this amount will grow in the near future before
it starts to decline.
At its meeting of June 14, 2022, Council indicated they would like to further explore the
use of a Section 115 Trust to address the City’s unfunded liabilities. This report to the
City Council is a recommendation to setup a Section 115 Trust to better plan for and
manage the City’s OPEB unfunded liability.
At its meeting of September 13, 2022, Council approved the Prefunding Agreement and
elected to pre-fund Other Post-Employment Benefits (“OPEB”) through California
Employers’ Retiree Benefit Trust (“CERBT”) fund administered through the California
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Public Employees’ Retirement System (“CalPERS”) with an initial investment of
$100,000 from the sale of the fire station. Council requested staff bring back the three
(3) CERBT Strategy Risk Levels.
DISCUSSION:
There are three (3) Strategy Levels which are in the following table:
Asset Class Allocation Strategy 1 Strategy 2 Strategy 3
Global Equity 59% 40% 22%
Fixed Income 25% 43% 49%
Treasury Inflation-
Protected Securities
5% 5% 16%
Real Estate Investment
Trusts
8% 8% 8%
Commodities 3% 4% 5%
The long-term expected rate of return for Strategy 1 is 6.0%, Strategy 2 is 5.5% and
Strategy 3 is 5.0%.
FISCAL IMPACT:
The fiscal impact of selecting a strategy is currently unknown.
ATTACHMENTS:
• CERBT Strategy 1 (PDF)
• CERBT Strategy 2 (PDF)
• CERBT Strategy 3 (PDF)
APPROVALS:
Christine Clayton Completed 01/30/2023 12:43 PM
Finance Completed 01/30/2023 12:43 PM
City Manager Completed 01/31/2023 10:40 AM
City Council Pending 02/14/2023 6:00 PM
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May 31, 2022
Asset Class Target
1Allocation
Target
Range Benchmark
Global Equity 59% ± 5%
MSCI All Country World
Index IMI (Net)
Fixed Income 25% ± 5%
Bloomberg Long Liability
Index
Treasury Inflation-Protected
Securities ("TIPS")5% ± 3%
Bloomberg US TIPS
Index, Series L
Real Estate Investment
Trusts ("REITs")8% ± 5%
FTSE EPRA/NAREIT
Developed Index (Net)
Commodities 3% ± 3%
S&P GSCI Total Return
Index
Cash - + 2% 91-Day Treasury Bill
1 Allocations were approved by the Board at the May 2018 Investment Committee meeting.
Assets Under Management
As of the specified reporting month-end:
SKB0
CERBT Strategy 1 Annual Operating Ratio
$13,674,698,747 0.10%
CERBT Strategy 1 Performance as of May 31, 2022
1 Month 3 Months Fiscal YTD 1 Year 3 Years* 5 Years* 10 Years*
Since Inception*
(June 1, 2007)
1,3 Gross Return -0.10% -5.87% -7.18% -5.84% 8.61% 7.13% 8.00% 5.37%
2,3 Net Return -0.10% -5.89% -7.25% -5.92% 8.52% 7.04% 7.90% 5.29%
Benchmark Returns -0.16% -5.95% -7.33% -6.03% 8.35% 6.85% 7.66% 4.96%
4 Standard Deviation - - - - 12.98% 11.36% 9.51% 12.65%
* Returns for periods greater than one year are annualized.
1 Gross returns are net of SSGA operating expenses.
2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees.
3 Expenses are described in more detail on page 2 of this document.
4 Standard deviation is based on gross returns and is reported for periods greater than 3 years.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 1
Objective
The CERBT Strategy 1 portfolio seeks to provide capital
appreciation and income consistent with its strategic asset
allocation. There is no guarantee that the portfolio will achieve its
investment objective.
Strategy
The CERBT Strategy 1 portfolio is invested in various asset
classes. CalPERS periodically adjusts the composition of the
portfolio in order to match the target allocations. Generally,
equities are intended to help build the value of the employer’s
portfolio over the long term while bonds are intended to help
provide income and stability of principal. Also, strategies invested
in a higher percentage of equities seek higher investment returns
(but assume more risk) compared with strategies invested in a
higher percentage of bonds.
Compared with CERBT Strategy 2 and Strategy 3, this portfolio
has a higher allocation to equities than bonds and other assets.
Historically, equities have displayed greater price volatility and,
therefore, this portfolio may experience greater fluctuation of
value. Employers that seek higher investment returns, and are
able to accept greater risk and tolerate more fluctuation in
returns, may wish to consider this portfolio.
CalPERS Board may change the list of approved asset classes
in composition as well as targeted allocation percentages and
ranges at any time.
Composition
Asset Class Allocations and Benchmarks
The CERBT Strategy 1 portfolio consists of the following asset classes and
corresponding benchmarks:
Portfolio Benchmark
The CERBT Strategy 1 benchmark is a composite of underlying asset class market
indices, each assigned the target weight for the asset class it represents.
Target vs. Actual Asset Class Allocations
The following chart shows policy target allocations compared with actual asset
allocations as of the specified reporting month-end. CalPERS may temporarily deviate
from the target allocation to a particular asset class based on market, economic, or
other considerations.
0%
20%
40%
60%
80%
GlobalEquity FixedIncome TIPS REITs Commodities Cash
CERBT Strategy 1 Target Actual
F.12.a
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May 31, 2022
CERBT Strategy Risk Levels
CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target
asset class allocations. Generally, equities carry more risk than fixed income securities.
Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3
Global Equity 59% 40% 22%
Fixed Income 25% 43% 49%
Treasury Inflation-Protected Securites 5% 5% 16%
Real Estate Investment Trusts 8% 8% 8%
Commodities 3% 4% 5%
1 Since June 2018, SSGA has passively managed all CERBT asset classes. Previously, Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 1
General Information
Information Accessibility
The CERBT Strategy 1 portfolio consists of assets managed internally by
CalPERS and/or by external advisors. Since it is not a mutual fund, a
prospectus is not available and daily holdings are not published. CalPERS
provides a quarterly statement of the employer’s account and other
information about the CERBT. For total market value, detailed asset
allocation, investment policy and current performance information, please
visit our website at: www.calpers.ca.gov.
Portfolio Manager Information
The CalPERS Board, through its Investment Committee, directs the
CERBT investment strategy based on policies approved by the Board of
Administration. State Street Global Advisors (SSGA) manages all
underlying investments for CERBT, which include: Global Equity, Fixed
Income, Real Estate Investment Trusts, Treasury Inflation-Protected
Securities, and Commodities.1
Custodian and Record Keeper
State Street Bank serves as custodian for the CERBT. Northeast
Retirement Services serves as recordkeeper.
Expenses
CERBT is a self-funded trust in which participating employers pay for all
administrative and investment expenses. Expenses reduce the gross
investment return by the fee amount. The larger the expenses, the greater
the reduction of investment return. Currently, CERBT expenses are 0.10%
which consist of administrative expenses borne by CalPERS to administer
and oversee the Trust assets, investment management and administrative
fees paid to SSGA to manage all asset classes, and recordkeeping fees
paid to Northeast Retirement Services to administer individual employer
accounts. The expenses described herein are reflected in the net asset
value per unit. The expense ratio is subject to change at any time and
without prior notification due to factors such as changes to average fund
assets or market conditions. CalPERS reviews the operating expenses
annually and changes may be made as appropriate. Even if the portfolio
loses money during a period, the expenses will still be charged.
What Employers Own
Each employer invested in CERBT Strategy 1 owns units of this portfolio,
which invests in pooled asset classes managed by CalPERS and/or external
advisors. Employers do not have direct ownership of the securities in the
portfolio.
Price
The value of the portfolio changes daily based upon the market value of the
underlying securities. Just as prices of individual securities fluctuate, the
portfolio’s value also changes with market conditions.
Principal Risks of the Portfolio
The CalPERS CERBT Fund provides California government employers with
a trust through which they may prefund retiree medical costs and other post-
employment benefits (OPEB). CERBT is not, however, a defined benefit
plan. There is no guarantee that the portfolio will achieve its investment
objectives or provide sufficient funding to meet employer obligations. Further,
CalPERS will not make up the difference between an employer's CERBT
assets and the actual cost of OPEB provided to an employer's plan
members.
An investment in the portfolio is not a bank deposit, nor is it insured or
guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS,
the State of California or any other government agency.
There are risks associated with investing, including possible loss of principal.
The portfolio’s risk depends in part on the portfolio’s asset class allocations
and the selection, weighting and risks of the underlying investments. For
more information about investment risks, please see the document entitled
“CERBT Principal Investment Risks” located at www.calpers.ca.gov.
Fund Performance
Performance data shown on page 1 represents past performance and is no
guarantee of future results. The investment return and principal value of an
investment will fluctuate so that an employer’s units, when redeemed, may
be worth more or less than their original cost. Current performance may be
higher or lower than historical performance data shown. For current
performance information, please visit www.calpers.ca.gov and follow the
links to California Employers' Retiree Benefit Trust.
F.12.a
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May 31, 2022
Asset Class Target
1Allocation
Target
Range Benchmark
Global Equity 40% ± 5%
MSCI All Country World
Index IMI (Net)
Fixed Income 43% ± 5%
Bloomberg Long Liability
Index
Treasury Inflation-Protected
Securities ("TIPS")5% ± 3%
Bloomberg US TIPS
Index, Series L
Real Estate Investment
Trusts ("REITs")8% ± 5%
FTSE EPRA/NAREIT
Developed Index (Net)
Commodities 4% ± 3%
S&P GSCI Total Return
Index
Cash - + 2% 91-Day Treasury Bill
1 Allocations were approved by the Board at the May 2018 Investment Committee meeting.
Assets Under Management
As of the specified reporting month-end:
SKB7
CERBT Strategy 2 Annual Operating Ratio
$1,839,218,667 0.10%
CERBT Strategy 2 Performance as of May 31, 2022
Since Inception*
1 Month 3 Months Fiscal YTD 1 Year 3 Years* 5 Years* 10 Years* (October 1, 2011)
1,3 Gross Return -0.05% -6.26% -7.43% -5.95% 6.59% 5.89% 6.62% 6.91%
2,3 Net Return -0.06% -6.28% -7.50% -6.03% 6.50% 5.80% 6.52% 6.80%
Benchmark Returns -0.08% -6.30% -7.51% -6.07% 6.41% 5.66% 6.30% 6.64%
4 Standard Deviation - - - - 10.39% 9.00% 7.66% 7.97%
* Returns for periods greater than one year are annualized.
1 Gross returns are net of SSGA operating expenses.
2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees.
3 Expenses are described in more detail on page 2 of this document.
4 Standard deviation is based on gross returns and is reported for periods greater than 3 years.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 2
Objective
The CERBT Strategy 2 portfolio seeks to provide capital
appreciation and income consistent with its strategic asset
allocation. There is no guarantee that the portfolio will achieve its
investment objective.
Strategy
The CERBT Strategy 2 portfolio is invested in various asset
classes. CalPERS periodically adjusts the composition of the
portfolio in order to match the target allocations. Generally,
equities are intended to help build the value of the employer’s
portfolio over the long term while bonds are intended to help
provide income and stability of principal. Also, strategies invested
in a higher percentage of equities seek higher investment returns
(but assume more risk) compared with strategies invested in a
higher percentage of bonds.
Compared with CERBT Strategy 1 and Strategy 3, this portfolio
has a moderate allocation to equities, bonds and other assets.
Historically, equities have displayed greater price volatility and,
therefore, this portfolio may experience comparatively less
fluctuation of value compared to CERBT Strategy 1 but more
fluctuation of value compared to CERBT Strategy 3. Employers
that seek a moderate approach to investing may wish to consider
this portfolio.
CalPERS Board may change the list of approved asset classes in
composition as well as targeted allocation percentages and
ranges at any time.
Composition
Asset Class Allocations and Benchmarks
The CERBT Strategy 2 portfolio consists of the following asset classes and
corresponding benchmarks:
Portfolio Benchmark
The CERBT Strategy 2 benchmark is a composite of underlying asset class market
indices, each assigned the target weight for the asset class it represents.
Target vs. Actual Asset Class Allocations
The following chart shows policy target allocations compared with actual asset
allocations as of the specified reporting month-end. CalPERS may temporarily deviate
from the target allocation to a particular asset class based on market, economic, or other
considerations.
0%
20%
40%
60%
GlobalEquity FixedIncome TIPS REITs Commodities Cash
Target ActualCERBT Strategy2
F.12.b
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May 31, 2022
CERBT Strategy Risk Levels
CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target
asset class allocations. Generally, equities carry more risk than fixed income securities.
1 Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3
Global Equity 59% 40% 22%
Fixed Income 25% 43% 49%
Treasury Inflation-Protected Securites 5% 5% 16%
Real Estate Investment Trusts 8% 8% 8%
Commodities 3% 4% 5%
1 Since June 2018, SSGA has passively managed all CERBT asset classes. Previously, Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 2
General Information
Information Accessibility
The CERBT Strategy 2 portfolio consists of assets managed internally by
CalPERS and/or by external advisors. Since it is not a mutual fund, a
prospectus is not available and daily holdings are not published. CalPERS
provides a quarterly statement of the employer’s account and other
information about the CERBT. For total market value, detailed asset
allocation, investment policy and current performance information, please
visit our website at: www.calpers.ca.gov.
Portfolio Manager Information
The CalPERS Board, through its Investment Committee, directs the CERBT
investment strategy based on policies approved by the Board of
Administration. State Street Global Advisors (SSGA) manages all underlying
investments for CERBT, which include: Global Equity, Fixed Income, Real
Estate Investment Trusts, Treasury Inflation-Protected Securities, and
Commodities.1
Custodian and Record Keeper
State Street Bank serves as custodian for the CERBT. Northeast Retirement
Services serves as recordkeeper.
Expenses
CERBT is a self-funded trust in which participating employers pay for all
administrative and investment expenses. Expenses reduce the gross
investment return by the fee amount. The larger the expenses, the greater
the reduction of investment return. Currently, CERBT expenses are 0.10%
which consist of administrative expenses borne by CalPERS to administer
and oversee the Trust assets, investment management and administrative
fees paid to SSGA to manage all asset classes, and recordkeeping fees
paid to Northeast Retirement Services to administer individual employer
accounts. The expenses described herein are reflected in the net asset
value per unit. The expense ratio is subject to change at any time and
without prior notification due to factors such as changes to average fund
assets or market conditions. CalPERS reviews the operating expenses
annually and changes may be made as appropriate. Even if the portfolio
loses money during a period, the expenses will still be charged.
What Employers Own
Each employer invested in CERBT Strategy 2 owns units of this portfolio,
which invests in pooled asset classes managed by CalPERS and/or
external advisors. Employers do not have direct ownership of the securities
in the portfolio.
Price
The value of the portfolio changes daily based upon the market value of the
underlying securities. Just as prices of individual securities fluctuate, the
portfolio’s value also changes with market conditions.
Principal Risks of the Portfolio
The CalPERS CERBT Fund provides California government employers with
a trust through which they may prefund retiree medical costs and other
post-employment benefits (OPEB). CERBT is not, however, a defined
benefit plan. There is no guarantee that the portfolio will achieve its
investment objectives or provide sufficient funding to meet employer
obligations. Further, CalPERS will not make up the difference between an
employer's CERBT assets and the actual cost of OPEB provided to an
employer's plan members.
An investment in the portfolio is not a bank deposit, nor is it insured or
guaranteed by the Federal Deposit Insurance Corporation (FDIC),
CalPERS, the State of California or any other government agency.
There are risks associated with investing, including possible loss of
principal. The portfolio’s risk depends in part on the portfolio’s asset class
allocations and the selection, weighting and risks of the underlying
investments. For more information about investment risks, please see the
document entitled “CERBT Principal Investment Risks” located at
www.calpers.ca.gov.
Fund Performance
Performance data shown on page 1 represents past performance and is no
guarantee of future results. The investment return and principal value of an
investment will fluctuate so that an employer’s units, when redeemed, may
be worth more or less than their original cost. Current performance may be
higher or lower than historical performance data shown. For current
performance information, please visit www.calpers.ca.gov and follow the
links to California Employers' Retiree Benefit Trust.
F.12.b
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May 31, 2022
Asset Class Target
1Allocation
Target
Range Benchmark
Global Equity 22% ± 5%
MSCI All Country World
Index IMI (Net)
Fixed Income 49% ± 5%
Bloomberg Long Liability
Index
Treasury Inflation-
Protected Securities 16% ± 3%
Bloomberg US TIPS Index,
Series L
Real Estate Investment
Trusts ("REITs")8% ± 5%
FTSE EPRA/NAREIT
Developed Index (Net)
Commodities 5% ± 3%
S&P GSCI Total Return
Index
Cash - + 2% 91-Day Treasury Bill
1 Allocations were approved by the Board at the May 2018 Investment Committee meeting.
Assets Under Management
As of the specified reporting month-end:
SKB8
CERBT Strategy 3 Annual Operating Ratio
$797,106,117 0.10%
CERBT Strategy 3 Performance as of May 31, 2022
Since Inception*
1 Month 3 Months Fiscal YTD 1 Year 3 Years* 5 Years* 10 Years* (January 1, 2012)
1,3 Gross Return -0.12% -6.09% -6.46% -4.98% 5.11% 4.87% 5.25% 5.32%
2,3 Net Return -0.12% -6.11% -6.53% -5.06% 5.02% 4.78% 5.15% 5.22%
Benchmark Returns -0.13% -6.09% -6.48% -5.01% 4.97% 4.68% 4.94% 5.04%
4 Standard Deviation - - - - 8.15% 7.01% 6.11% 6.15%
* Returns for periods greater than one year are annualized.
1 Gross returns are net of SSGA operating expenses.
2 Net returns are net of SSGA operating expenses, investment management, administrative and recordkeeping fees.
3 Expenses are described in more detail on page 2 of this document.
4 Standard deviation is based on gross returns and is reported for periods greater than 3 years.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 3
Objective
The CERBT Strategy 3 portfolio seeks to provide capital
appreciation and income consistent with its strategic asset
allocation. There is no guarantee that the portfolio will achieve its
investment objective.
Strategy
The CERBT Strategy 3 portfolio is invested in various asset classes.
CalPERS periodically adjusts the composition of the portfolio in
order to match the target allocations. Generally, equities are
intended to help build the value of the employer’s portfolio over the
long term while bonds are intended to help provide income and
stability of principal. Also, strategies invested in a higher percentage
of equities seek higher investment returns (but assume more risk)
compared with strategies invested in a higher percentage of bonds.
Compared with CERBT Strategy 1 and Strategy 2, this portfolio has
a lower allocation to equities than bonds and other assets.
Historically, funds with a lower percentage of equities have
displayed less price volatility and, therefore, this portfolio may
experience comparatively less fluctuation of value. Employers that
seek greater stability of value, in exchange for possible lower
investment returns, may wish to consider this portfolio.
CalPERS Board may change the list of approved asset classes in
composition as well as targeted allocation percentages and ranges
at any time.
Composition
Asset Class Allocations and Benchmarks
The CERBT Strategy 3 portfolio consists of the following asset classes and
corresponding benchmarks:
Portfolio Benchmark
The CERBT Strategy 3 benchmark is a composite of underlying asset class market
indices, each assigned the target weight for the asset class it represents.
Target vs. Actual Asset Class Allocations
The following chart shows policy target allocations compared with actual asset
allocations as of the specified reporting month-end. CalPERS may temporarily deviate
from the target allocation to a particular asset class based on market, economic, or
other considerations.
0%
20%
40%
60%
Global
Equity
Fixed
Income
TIPS REITs Commodities Cash
Target ActualCERBT Strategy3
F.12.c
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May 31, 2022
CERBT Strategy Risk Levels
CalPERS offers employers the choice of one of three investment strategies. Projected risk levels among strategies vary, depending upon the target
asset class allocations. Generally, equities carry more risk than fixed income securities.
1 Asset Class Target Allocations Strategy 1 Strategy 2 Strategy 3
Global Equity 59% 40% 22%
Fixed Income 25% 43% 49%
Treasury Inflation-Protected Securites 5% 5% 16%
Real Estate Investment Trusts 8% 8% 8%
Commodities 3% 4% 5%
1 Since June 2018 SSGA has passively managed all CERBT asset classes. Previously Fixed Income, TIPS and Commodity asset classes were managed internally by CalPERS.
California Employers' Retiree Benefit Trust (CERBT)
CERBT Strategy 3
General Information
Information Accessibility
The CERBT Strategy 3 portfolio consists of assets managed internally by
CalPERS and/or by external advisors. Since it is not a mutual fund, a
prospectus is not available and daily holdings are not published. CalPERS
provides a quarterly statement of the employer’s account and other
information about the CERBT. For total market value, detailed asset
allocation, investment policy and current performance information, please
visit our website at: www.calpers.ca.gov.
Portfolio Manager Information
The CalPERS Board, through its Investment Committee, directs the
CERBT investment strategy based on policies approved by the Board of
Administration. State Street Global Advisors (SSGA) manages all
underlying investments for CERBT, which include: Global Equity, Fixed
Income, Real Estate Investment Trusts, Treasury Inflation-Protected
Securities, and Commodities.1
Custodian and Record Keeper
State Street Bank serves as custodian for the CERBT. Northeast
Retirement Services serves as recordkeeper.
Expenses
CERBT is a self-funded trust in which participating employers pay for all
administrative and investment expenses. Expenses reduce the gross
investment return by the fee amount. The larger the expenses, the greater
the reduction of investment return. Currently, CERBT expenses are 0.10%
which consist of administrative expenses borne by CalPERS to administer
and oversee the Trust assets, investment management and administrative
fees paid to SSGA to manage all asset classes, and recordkeeping fees
paid to Northeast Retirement Services to administer individual employer
accounts. The expenses described herein are reflected in the net asset
value per unit. The expense ratio is subject to change at any time and
without prior notification due to factors such as changes to average fund
assets or market conditions. CalPERS reviews the operating expenses
annually and changes may be made as appropriate. Even if the portfolio
loses money during a period, the expenses will still be charged.
What Employers Own
Each employer invested in CERBT Strategy 3 owns units of this portfolio,
which invests in pooled asset classes managed by CalPERS and/or external
advisors. Employers do not have direct ownership of the securities in the
portfolio.
Price
The value of the portfolio changes daily based upon the market value of the
underlying securities. Just as prices of individual securities fluctuate, the
portfolio’s value also changes with market conditions.
Principal Risks of the Portfolio
The CalPERS CERBT Fund provides California government employers with a
trust through which they may prefund retiree medical costs and other post-
employment benefits (OPEB). CERBT is not, however, a defined benefit plan.
There is no guarantee that the portfolio will achieve its investment objectives
or provide sufficient funding to meet employer obligations. Further, CalPERS
will not make up the difference between an employer's CERBT assets and the
actual cost of OPEB provided to an employer's plan members.
An investment in the portfolio is not a bank deposit, nor is it insured or
guaranteed by the Federal Deposit Insurance Corporation (FDIC), CalPERS,
the State of California or any other government agency.
There are risks associated with investing, including possible loss of principal.
The portfolio’s risk depends in part on the portfolio’s asset class allocations
and the selection, weighting and risks of the underlying investments. For more
information about investment risks, please see the document entitled “CERBT
Principal Investment Risks” located at www.calpers.ca.gov.
Fund Performance
Performance data shown on page 1 represents past performance and is no
guarantee of future results. The investment return and principal value of an
investment will fluctuate so that an employer’s units, when redeemed, may be
worth more or less than their original cost. Current performance may be
higher or lower than historical performance data shown. For current
performance information, please visit www.calpers.ca.gov and follow the
links to California Employers' Retiree Benefit Trust.
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