02/28/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 28, 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: 814 7387 5618
Password: 294817
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 28, 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
Introduction of New Employees
Homeowner Landscape Recognition
Grand Terrace Women’s Club
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
Agenda Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 3
2. Approval of the January-2023 Check Register in the Amount of $595,302.17
RECOMMENDATION:
Approve the Check Register No. 01312023 in the amount of $595,302.17 as submitted,
for the month ending January 31, 2023.
DEPARTMENT: FINANCE
3. Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2022
RECOMMENDATION:
Receive and file the Auditor's Annual Financial Report and related document for the
City's Housing Successor Agency.
DEPARTMENT: FINANCE
4. Measure I Fund Annual Financial & Compliance Report for the Year Ended June 30,
2022
RECOMMENDATION:
Receive and file the Auditor's Annual Financial & Compliance Report and related
document for the City's Measure I Fund.
DEPARTMENT: FINANCE
5. Auditor's Annual Financial Report and Related Documents for the Fiscal Year Ended
June 30, 2022
RECOMMENDATION:
Receive and File the Auditor's Annual Financial Report and related documents for the
Fiscal Year ended June 30, 2022.
DEPARTMENT: FINANCE
6. Revised Professional Services Agreement Between the City of Grand Terrace and
Michael Baker International for Planning Consultant Services Related to a Proposed
Light Manufacturing/Assembly Use (CUP 22-02, SA 22-08, MD 22-02, E 22-06)
RECOMMENDATION:
1) Approve the Revised Agreement with Michael Baker International in the amount of
$346,772.00, and Rescind Approval of the December 13, 2022, Agreement between
the Parties; and
2) Authorize the City Manager to Execute the Agreement, subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 4
7. Contract for Budget Platform Services with IGM Technology Corp
RECOMMENDATION:
Authorize the City Manager to execute an agreement, in substantially the same form as
attached, between the City of Grand Terrace and IGM Technology Corp for Budget
Platform Services
DEPARTMENT: FINANCE
D. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
8. Presentation Regarding General Law Versus Charter Cities
RECOMMENDATION:
Receive and file report or provide other direction
DEPARTMENT: CITY ATTORNEY
9. 2022-23 Mid-Year and Year-End Budget Review
RECOMMENDATION:
Receive and file the FY2022-23 Mid-Year and Year-End Report.
DEPARTMENT: FINANCE
Agenda Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 5
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Ken 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 - EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
Case Name: Sunny Days, LLC v. City of Grand Terrace
Case No.: CIV SB 2107692
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
Case Name: Ben Eilenberg, an individual v. City of Grand Terrace, et al.
Case No.: CIV SB 2200100
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant
exposure to litigation pursuant to Government Code Section 54956.9(b)
Number of Case: Two (2)
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
Agenda Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 6
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, March 14, 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.
AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Approval of the January-2023 Check Register in the Amount
of $595,302.17
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Check Register No. 01312023 in the amount of
$595,302.17 as submitted, for the month ending January 31,
2023.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations and operational costs.
BACKGROUND:
The check register for the month of January-2023 has been prepared in accordance
with Government Code §37202 and is hereby submitted for City Council’s approval.
The check register lists all vendor payments for the respective month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. The check registers list all payments made to vendors
and employee reimbursements during the month of January-2023.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and Grand
Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts
(Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
DISCUSSION:
CHECK REGISTER
A total of $595,302.17 in accounts payable checks and/or wires were issued during the
period for services, reimbursements, supplies and contracts and are detailed in the
individual monthly register.
Below is a table that lists payments larger than $10,000 for the month of January-2023.
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Payments larger than $10,000:
Check
No. Payee Description Amount
79713 ARROWHEAD CREDIT UNION DEC22-JAN23 VISA CHARGES $10,759.30
79729 GOODMAN & ASSOCIATES OCT-DEC 2022 CIP PLANS, SPECS &
ESTIMATES $19,500.00
79730 HDL SOFTWARE LLC
NOV BUSINESS LICENSE
PROCESSING FEES & MAILING OUT
2023 RENEWALS
$11,482.56
79738 LANCE SOLL & LUNGHARD LLP
2022 HOUSING SUCCESSOR AUDIT,
2022 STREET REPORT, 2022
ANNUAL AUDIT PROGRESS BILLING
$21,680.00
79741 LOMA LINDA HEATING & AC INC REPLACEMENT OF AC #2 IN CITY
HALL COMMUNITY ROOM $28,689.10
79745 ONSITE COMPUTING APC BATTERY PACK FOR SERVER
ROOM AND JAN 2023 IT SERVICES $13,592.85
79758 WEST COAST ARBORISTS
FURNISH & PLANT LIVE TREE AND
INSTALL BANNERS & ORNAMENTS
FOR LIGHT UP GT
$14,052.00
79782 SB COUNTY SHERIFF
JAN 2023 LAW ENFORCEMENT
SVCS AND JUL-SEP 2022 Q1 GAS &
VEHICLE MAINT, AND SHERIFF OT
$252,434.29
79790 WILLDAN
SEP-DEC 2022 PERMIT
INSPECTIONS, OCT 2022 INTERIM
CITY ENGIEERING SVCS
$17,758.00
1145110 SO CAL EDISON DEC 2022 ENERGY USAGE $13,680.15
17030228 CA PUB EMPLOYEES RETIRE JAN 2023 PERS HEALTH INSURANCE $24,525.59
17034478 CALPERS REPLACEMENT
BENEFIT PYMT
2023 ANNUAL REPL BENEFIT
CONTRIBUTION $19,500.00
TOTAL PAYMENTS LARGER THAN $10,000 $447,653.84
PAYROLL
Payroll costs for the month:
Pay Per. Period Start Period End Pay Date Amount
JAN-23
14 From 12/24/2022 to 01/06/2023 01/12/2023 $71,742.38
15 From 01/07/2023 to 01/20/2023 01/26/2023 $55,254.69
$126,997.07
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the Approved
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Budget for Fiscal Year 2022-23 in the amount of:
Description Amount
JAN-23
Check Register $595,302.17
Payroll $126,997.07
$722,299.24
ATTACHMENTS:
• FY2022-23 Check Register Account Index 01122023 (PDF)
• Jan Check Register (PDF)
APPROVALS:
Christine Clayton Completed 02/15/2023 9:36 AM
Finance Completed 02/15/2023 9:37 AM
City Manager Completed 02/15/2023 12:57 PM
City Council Pending 02/28/2023 6:00 PM
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
City of Grand Terrace Check Register Index
Kenneth Henderson, Council Member
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Fund Dept Acct
No.Fund Name No.Department Cost Center No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING
19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT
36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT
45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES
46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES
47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE
48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING
49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES
50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS
52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS
61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES
62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING
63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS
64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE
65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES
66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE
67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION
68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM.
69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS
70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT
73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS
74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS
75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT
76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER
77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES
90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION
95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending January 31, 2023
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Jeff Allen, Council Member
Kenneth Henderson, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
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Invoice #
PAY - 12/2022
(01/01/23-03/31/23)
(01/01/23-03/31/23)
MONITORING (01/14/23-04/13/23)
ENFORCEMENT
E 10-160-250-000-000 1,345.50
1,345.50
E 10-160-250-000-000 1,485.73
1,485.73
72496 NOV 2022 LEGAL SERVICES - CODE 12/01/2022
79711 01/12/2023 ALESHIRE AND WYNDER LLP 72491 NOV 2022 LEGAL SERVICES - GENERAL 12/01/2022
E 10-805-245-000-000 160.83
160.83
805.64
E 10-195-247-000-000 242.43
242.43
964539574 3RD QTR3RD QUARTER SENIOR CENTER SECURITY 12/27/2022
E 10-195-247-000-000 402.38
402.38
148378720 3RD QTR3RD QUARTER SECURITY MONITORING 12/08/2022
79710 01/12/2023 ADT SECURITY SERVICES 148378719 3RD QTR3RD QUARTER SECURITY MONITORING 12/08/2022
E 10-185-110-000-000 56.12
E 10-185-272-000-000 18.75
74.87
74.87
Check Total
79709 01/04/2023 KRISTIN JAMES 01042023 MILEAGE REIMBURSEMENT AND 2.25 HOURS 01/04/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
72498
DAYS LLC
PROPERTY
ENGINEERING
SERVICES
E 10-185-250-000-000 80.00
80.00
80.00
140.00
6,327.91
79712 01/12/2023 ANIMAL EMERGENCY CLINIC 203780 DEC 2022 EMERGENCY VETERINARY 12/21/2022
235.00
72494 NOV 2022 LEGAL SERVICES - PW 12/01/2022
E 10-160-250-000-000 140.00
458.50
72495 NOV 2022 LEGAL SERVICES - FINANCE 12/01/2022
E 10-160-250-000-000 235.00
628.78
72493 NOV 2022 LEGAL SERVICES - PLANNING 12/01/2022
E 10-160-250-000-000 458.50
811.00
72497 NOV 2022 LEGAL SERVICES - CITY REAL 12/01/2022
E 10-160-250-000-000 628.78
1,223.40
72492 NOV 2022 LEGAL SERVICES - LITIGATION 12/01/2022
E 10-160-250-100-000 811.00
NOV 2022 LEGAL SERVICES - SUNNY 12/01/2022
B 10-015-61-00 1,223.40
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
10,759.30
10,759.30
E 62-120-220-000-000 LIGHT UP GT 207.00
E 65-425-220-000-000 MTRLS & SUPPLIES 102.53
E 65-425-272-000-000 VEHICLE MAINT 175.00
E 10-370-270-000-000 CONFERENCE 675.00
E 10-450-245-000-000 PARK MAINT 392.70
E 10-801-270-000-000 CONFERENCE 2,025.00
E 10-190-246-000-000 MTRLS & SUPPLIES 295.73
E 10-195-245-000-000 MTRLS & SUPPLIES 188.68
E 10-370-210-000-000 OFFICE SUPPLIES 59.10
E 10-190-211-000-000 POSTAGE 45.62
E 10-190-220-000-000 MTRLS & SUPPLIES 497.80
E 10-190-235-000-000 DEC PHONE BILL 1,275.65
E 10-175-246-000-000 MTRLS & SUPPLIES 332.82
E 10-185-268-000-000 CONFERENCE 336.45
E 10-185-272-000-000 VEHICLE MAINT 612.63
E 10-175-210-000-000 OFFICE SUPPLIES 16.88
E 10-175-218-000-000 MTRLS & SUPPLIES 287.86
E 10-175-245-000-000 MTRLS & SUPPLIES 119.62
E 10-140-210-000-000 OFFICE SUPPLIES 23.60
E 10-172-268-000-000 TRAINING 87.26
E 10-172-270-000-000 MEETINGS 30.18
E 10-125-210-000-000 OFFICE SUPPLIES 35.00
E 10-125-265-000-000 MEMBERSHIP/DUES 54.00
E 10-125-270-000-000 CONFERENCE 250.00
E 10-110-270-000-000 CONFERENCE 2,486.19
E 10-120-220-000-000 MTRLS & SUPPLIES 147.00
79713 01/12/2023 ARROWHEAD CREDIT UNION DEC2022 VISA DEC22-JAN23 VISA CHARGES 01/02/2023
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
OCT 2022 - DEC 2022
(4) YARD SALE SIGNS
TROUBLESHOOT AND RESETE 10-195-246-000-000 144.00
144.00
144.00
B 23-515-22-00 40.00
40.00
40.00
79719 01/12/2023 CHAMPION FIRE SYSTEMS INC 65352 FY2022-23 Q2 CITY HALL ALARM 12/26/2022
79718 01/12/2023 LILIANNE CAMACHO 12282022 REFUND YARD SALE SIGN DEPOSIT FOR 12/28/2022
R 10-700-01 -0.12
B 23-200-21-00 2.35
2.23
2.23
E 10-195-246-000-000 225.00
225.00
225.00
79717 01/12/2023 CA STATE DEPT OF CONSERVATION SMIP2023-2Q-02 2022-23 SMIP 2ND QUARTER 12/28/2022
E 62-120-220-000-000 300.00
300.00
300.00
79716 01/12/2023 CA DEPT OF INDUSTRIAL RELATION E 1930694 SB FY2022-23 ELEVATOR INSPECTION 12/13/2022
E 10-808-235-000-000 570.08
3,289.47
3,289.47
79715 01/12/2023 AZURE HILLS 7TH DAY ADVENTIST 1949 CLEAN UP FEE FOR LIGHT UP GT 2022 12/28/2022
E 10-190-235-000-000 1,871.48
E 10-450-235-000-000 295.03
E 10-805-235-000-000 552.88
79714 01/12/2023 AT AND T JAN2023 AT&T JAN2023 AT&T 01/01/2023
C.2.b
Packet Pg. 16
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
SHIRTS FOR SENIOR BUS DRIVER
SHIRT FOR MAINT
MAIN ST AND MICHIGAN ST
MAIN ST AND MICHIGAN ST
MAY-NOV 2022
OCT 2022
E 10-185-255-000-000 257.50
257.50
E 10-140-255-000-000 797.00
797.00
1022SPCHRG GT CITATION APPEAL PROCESSING FEES 11/30/2022
E 10-195-245-000-000 458.15
458.15
1,178.41
79723 01/12/2023 DATA TICKET INC MAY-NOV 22 STREETGT STREET SWEEPING COLLECTIONS FOR 01/10/2023
E 10-195-245-000-000 720.26
720.26
TL0000016626 NOV 2022 TRAFFIC SIGNAL MONITORING AT 01/05/2023
E 10-185-255-000-000 1,634.74
1,634.74
1,634.74
79722 01/12/2023 COUNTY OF RIVERSIDE TLMA ADM TL0000016592 OCT 2022 TRAFFIC SIGNAL MONITORING AT 12/14/2022
E 10-175-218-000-000 12.93
12.93
103.44
79721 01/12/2023 COUNTY OF RIVERSIDE AN0000002614 NOV 2022 ANIMAL SHELTERING SERVICES 12/20/2022
E 10-120-220-000-000 25.86
25.86
50552 EMBROIDERY OF CITY LOGO ON (1) 12/13/2022
E 65-425-220-000-000 64.65
64.65
49360 EMBROIDERY OF CITY LOGO ON (2) SHIRTS 08/17/2022
79720 01/12/2023 COMPUTERIZED EMBROIDERY CO INC 50710 EMBROIDERY OF CITY LOGO ON (5) 01/05/2023
C.2.b
Packet Pg. 17
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
INSURANCE
CIVIC CENTER, CANAL STRIP, ORIOLE
TRACT 18070 JADEN
MIRADA DRAIN
E 10-450-245-000-000 15.13
15.13
15.13
E 10-631-255-000-000 750.00
750.00
5,595.00
79727 01/12/2023 FRUIT GROWERS SUPPLY 92351768 PVC COUPLERS FOR PARKS 12/16/2022
E 26-605-255-000-000 750.00
750.00
4029 DEC 2022 LANDSCAPING SERVICES - 12/21/2022
E 26-601-255-000-000 80.00
4,095.00
4028 DEC 2022 LANDSCAPING SERVICES - 12/21/2022
E 10-195-245-000-000 200.00
E 10-450-255-000-000 3,665.00
E 26-600-255-000-000 150.00
B 10-022-71-00 88.32
88.32
88.32
79726 01/12/2023 EZ SUNNYDAY LANDSCAPE 4027 DEC 2022 LANDSCAPING SERVICES - PARKS, 12/21/2022
B 10-022-70-00 493.35
493.35
493.35
79725 01/12/2023 EYEMED FIDELITY SECURITY LIFE 165586831 JAN 2023 EMPLOYEE PAID VISION INSURANCE 12/21/2022
E 10-140-255-000-000 100.00
100.00
1,154.50
79724 01/12/2023 DENTAL HEALTH SERVICES 2275197 JAN 2023 EMPLOYEE PAID DENTAL 12/16/2022
144391 GT STREET SWEEPING INVOICE FOR OCT 2022 11/30/2022
C.2.b
Packet Pg. 18
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
ESITMATES
DEVELOPING DRAINAGE SOLUTIONS
CITY HALL
FEES
REIMBURSEMENT FOR L. HOLTZEN
AND CLEANING SUPPLIES
TRIANGLE
138.81
314.60
4044062 SUPPLES FOR CHRISTMAS TREE AT 11/29/2022
E 62-120-220-000-000 138.81
E 10-190-210-000-000 36.39
E 10-450-245-000-000 184.18
E 62-120-220-000-000 94.03
E 10-185-272-000-000 52.50
52.50
52.50
79732 01/12/2023 HOME DEPOT CREDIT SERVICE 6040039 PAINT, VALVE BOX, EXTENSION CORDS, 12/07/2022
E 10-140-250-000-000 11,482.56
11,482.56
11,482.56
79731 01/12/2023 LEILA HOLTZEN 01042023 MILEREIM-LHDEC 2022 MILEAGE AND EXPENSE 01/04/2023
E 10-195-245-000-000 177.00
177.00
177.00
79730 01/12/2023 HDL SOFTWARE LLC SIN023855 NOV 2022 BUSINESS LICENSE PROCESSING 11/30/2022
E 94-175-257-000-000 1,750.00
1,750.00
21,250.00
79729 01/12/2023 GRAINGER 9552427651 TOILET SEATS FOR RESTROOMS AT 12/21/2022
E 94-175-257-000-000 19,500.00
19,500.00
5738 OCT-DEC 2022 FIELD SURVEY TO ASSIST IN 12/19/2022
79728 01/12/2023 GOODMAN AND ASSOCIATES 5737 OCT-DEC 2022 CIP PLANS, SPECS, & 12/19/2022
C.2.b
Packet Pg. 19
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
COMMUNITY ROOM AC
RENTAL 12/21/2022
SERVICES
AND GASB 68 ASSISTANCE AUDIT
E 10-140-250-000-000 1,040.00
1,040.00
21,680.00
E 10-140-250-000-000 15,600.00
E 52-400-250-000-000 5,040.00
20,640.00
53785 2022 STREET REPORT AUDIT 11/30/2022
E 10-190-212-000-000 135.65
135.65
135.65
79738 01/12/2023 LANCE SOLL AND LUNGHARD LLP 54151 2022 GOVERNMENT, HOUSING SUCCESSOR, 12/20/2022
E 10-190-212-000-000 258.60
258.60
258.60
79737 01/12/2023 KONICA MINOLTA BUS. SOLUTIONS 9009060100 11/15/22-12/14/22 CITYWIDE PHOTOCOPIER 12/29/2022
79736 01/12/2023 KONICA MINOLTA 41431014 DEC22-JAN23 RENT FOR (2) PHOTOCOPIERS 12/22/2022
B 23-515-22-00 50.00
50.00
50.00
E 10-195-245-000-000 2,261.42
2,261.42
2,261.42
79734 01/12/2023 LARRY HUGHES 12282022 REFUND DEPOSIT FOR ANIMAL TRAP 12/28/2022
30.86
484.27
79733 01/12/2023 HONEYWELL INTERNATIONAL 5262251184 INSTALLATION OF AUTOMATED UNIT FOR 12/23/2022
3044209 ADAPTERS FOR LIGHT BULBS AT CITY HALL 11/30/2022
E 10-195-245-000-000 30.86
C.2.b
Packet Pg. 20
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
SERVICES FOR GATEWAY SPECIFIC PLAN
COMMUNITY ROOM
B 10-022-68-00 91.70
91.70
272.36
B 10-022-68-00 180.66
180.66
PAYDATE 12292022 ARSPAYDATE 12292022 ARS RETIREMENT 12/29/2022
E 70-195-700-001-000 28,689.10
28,689.10
28,689.10
79742 01/12/2023 MIDAMERICA ADMIN RETIREMENT PAYDATE 12152022 ARSPAYDATE 12152022 ARS RETIREMENT 12/15/2022
E 16-175-142-000-000 8.90
913.82
913.82
79741 01/12/2023 LOMA LINDA HEAT AND A C INC 26902 REPLACEMENT OF AC #2 IN CITY HALL 12/16/2022
E 10-185-142-000-000 24.39
E 10-370-142-000-000 12.38
E 10-450-142-000-000 13.00
E 10-140-142-000-000 28.58
E 10-172-142-000-000 17.36
E 10-175-142-000-000 21.97
B 10-022-66-00 728.05
E 10-120-142-000-000 35.26
E 10-125-142-000-000 23.93
B 23-515-33-00 4,316.25
4,316.25
4,316.25
79740 01/12/2023 LINCOLN NATIONAL LIFE INSURANC LCLN JAN 2023 JAN 2023 LIFE/AD&D/DEP LIFE/WI/LTD 01/01/2023
79739 01/12/2023 LILBURN CORPORATION 22-1132 OCT 10TH - NOV 6TH 2022 PROFESSIONAL 11/10/2022
C.2.b
Packet Pg. 21
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
CENTER AND PARKS
E 10-190-211-000-000 785.90
785.90
785.90
E 10-140-255-000-000 515.81
515.81
515.81
79747 01/12/2023 QUADIENT LEASING USA INC N9740737 NOV22-FEB23 POSTAGE METER LEASE 01/01/2023
E 10-380-250-000-000 6,658.00
6,658.00
13,592.85
79746 01/12/2023 PAY PLUS SOLUTIONS INC 29958 JAN 2023 CALPERS INSIGHT E-TOOLS PAY 01/01/2023
E 10-380-250-000-000 6,934.85
6,934.85
54002874 JAN 2023 IT SERVICES 12/01/2022
E 10-370-210-000-000 9.76
9.76
55.74
79745 01/12/2023 ON SITE COMPUTING 53009344 APC BATTERY PACK FOR SERVER ROOM 12/16/2022
E 10-370-210-000-000 11.51
11.51
283007012001 FY2022-23 OFFICE SUPPLIES 12/23/2022
E 10-370-210-000-000 34.47
34.47
282996975001 FY2022-23 OFFICE SUPPLIES 12/19/2022
79744 01/12/2023 ODP BUSINESS SOLUTIONS LLC 283007014001 FY2022-23 OFFICE SUPPLIES 12/19/2022
E 10-195-245-000-000 1,304.00
E 10-450-245-000-000 1,325.00
2,629.00
2,629.00
79743 01/12/2023 MORAN JANITORIAL SERVICES LLC 2144 DEC 2022 JANITORIAL SERVICES FOR CIVIC 01/04/2023
C.2.b
Packet Pg. 22
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
SCAG CONFERENCE
FOR TACO BELL
CITY HALL & SENIOR CENTER
RENTAL
GRIFFIN PARK
E 10-450-245-000-000 157.00
157.00
E 10-190-238-000-000 85.00
85.00
705.31
79752 01/12/2023 TERMINIX 427852600 DEC 2022 GOPHER CONTROL FOR 12/07/2022
E 10-190-238-000-000 507.41
E 10-805-238-000-000 112.90
620.31
16179154 121722 JAN2023 WATER FILTRATION SYSTEM 12/17/2022
E 10-450-245-000-000 93.43
93.43
93.43
79751 01/12/2023 SPARKLETTS 9637116 010123 DEC2022 BOTTLED WATER SERVICES FOR 01/01/2023
E 10-190-255-000-000 8,300.00
8,300.00
8,300.00
79750 01/12/2023 SITEONE LANDSCAPE SUPPLY 125887060-001 VALVES FOR RICHARD ROLLINS PARK 12/15/2022
E 10-110-270-000-000 22.00
22.00
186.90
79749 01/12/2023 SERJ TACO CALIFORNIA LLC INITIAL TAX SHAREINITIAL PAYMENT SALES TAX SHARING 01/10/2023
E 10-110-142-000-000 164.90
164.90
2022 SCAG PARK REIMBURSEMENT FOR PARKING FOR 2022 12/28/2022
79748 01/12/2023 SYLVIA ROBLES DEC2022 SR MED REIMBDEC 2022 SR MEDICARE REIMBURSEMENT 12/28/2022
C.2.b
Packet Pg. 23
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
ROLLINS PARK
DEC 22 - JAN 23
MAINTENANCE FEE
CUSTODY ACCT# 790634000
E 10-190-251-000-000 1,400.00
1,400.00
1,400.00
E 16-900-220-000-000 46.75
46.75
46.75
79756 01/12/2023 US BANK TRUST NATL ASSOC 6674706 FY2022-23 CUSTODIAL FEES FOR 09/23/2022
E 16-900-229-000-000 176.17
176.17
176.17
79755 01/12/2023 UNDERGROUND SERVICE ALERT 1220220299 JAN 2023 MONTHLY DATABASE 01/01/2023
E 10-805-238-000-000 99.99
99.99
544.36
79754 01/12/2023 TRAFFIC MANAGEMENT PRODUCTS 142780 RED CURB PAINT FOR STREETS 12/15/2022
E 10-190-238-000-000 114.39
114.39
0153825122322 SR CENTER INTERNET - HSD3 - 12/23/2022
E 10-190-238-000-000 329.98
329.98
0197046121622 CITY HALL CABLE - DEC 22-JAN 23 12/16/2022
E 10-450-245-000-000 77.00
77.00
234.00
79753 01/12/2023 TIME WARNER CABLE 0228510122522 CITY HALL INTERNET - DEC 22 - JAN 23 12/25/2022
428438751 DEC 2022 GOPHER CONTROL FOR RICHARD 12/27/2022
C.2.b
Packet Pg. 24
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
PINUS ELDERICA 11/14/2022
BANNERS FOR LIGHT UP GT 2022
VARIOUS DEVELOPERS
PAYMENT
R 10-200-15 40.00
40.00
40.00
E 10-955-800-111-000 126.00
126.00
4,741.00
79760 01/12/2023 LINDSAY WINTERTON 12282022 REFUND FOR DUPLICATE DOG LICENSE 12/28/2022
B 23-515-46-00 390.00
4,615.00
00417992 NOV 2022 CIP INSPECTION SERVICES 12/12/2022
B 23-515-38-00 1,040.00
B 23-515-39-00 1,560.00
B 23-515-44-00 780.00
B 23-510-44-00 520.00
B 23-515-25-00 195.00
B 23-515-30-00 130.00
E 62-120-220-000-000 1,552.00
1,552.00
14,052.00
79759 01/12/2023 WILLDAN 002-27741 NOV 2022 ENGINEERING SERVICES FOR 12/01/2022
E 94-175-245-000-000 12,500.00
12,500.00
193787 INSTALLATION OF ORNAMENTS AND 11/30/2022
E 10-190-235-000-000 190.05
190.05
190.05
79758 01/12/2023 WEST COAST ARBORISTS INC 194104 FURNISH AND INSTALLATION OF LIVE 11/14/2022
79757 01/12/2023 VERIZON WIRELESS 9923744516 ALPR CARD LINE CHARGES NOV-DEC 2022 12/23/2022
C.2.b
Packet Pg. 25
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
2ND READING
E 49-445-700-000-000 4,738.95
4,738.95
4,738.95
E 10-185-255-000-000 2,471.22
2,471.22
2,471.22
79766 01/26/2023 CSM SALES INC 2510 8' X 8' BASEBALL/SOFTBALL SCOREBOARD 01/17/2023
E 10-190-238-000-000 1,215.46
1,215.46
1,215.46
79765 01/26/2023 COUNTY OF RIVERSIDE AN0000002631 DEC 2022 ANIMAL SHELTERING SERVICES 01/17/2023
E 10-125-230-000-000 129.50
129.50
129.50
79764 01/26/2023 COLTON PUBLIC UTILITIES AUG-NOV22 GT SEWERAUG-NOV 2022 GT SEWER COMM - FIRE 01/12/2023
E 10-140-241-000-000 174.00
174.00
536.00
79763 01/26/2023 CITY NEWSPAPER GROUP 38842 GT 12.29.22 ORDINANCE NO. 346 - 12/22/2022
E 10-140-241-000-000 362.00
362.00
01/01/2023 - B15 JANUARY RENT FOR UNIT B15 01/17/2023
E 10-175-218-000-000 200.37
200.37
200.37
79762 01/26/2023 A STORAGE PLACE 01/01/2023 - B3334JANUARY RENT FOR UNIT B3334 01/17/2023
79761 01/12/2023 ZORO TOOLS INC INV11936768 WORKS SHIRTS FOR MAINT CREW 12/28/2022
C.2.b
Packet Pg. 26
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
INSURANCE
CIVIC CENTER, CANAL STRIP, ORIOLE
BI MONTHLY MAINT
TRACT 18070 JADEN
(3) YARD SALE SIGNS
E 10-140-250-000-000 2,381.46
2,381.46
2,381.46
B 23-515-22-00 30.00
30.00
30.00
79770 01/26/2023 HDL COREN CONE SIN024847 JAN-MAR 2023 PROPERTY TAX SERVICES 01/24/2023
E 26-605-255-000-000 750.00
750.00
5,770.00
79769 01/26/2023 DIANA FONSECA 01232023 REFUND YARD SALE SIGN DEPOSIT FOR 01/23/2023
E 10-450-255-000-000 925.00
925.00
4201 JAN 2023 LANDSCAPING SERVICES - 01/18/2023
E 26-601-255-000-000 80.00
4,095.00
4043 JAN 2023 RIGHT OF WAY LANDSCAPING 01/13/2023
E 10-195-245-000-000 200.00
E 10-450-255-000-000 3,665.00
E 26-600-255-000-000 150.00
B 10-022-70-00 523.15
523.15
523.15
79768 01/26/2023 EZ SUNNYDAY LANDSCAPE 4200 JAN 2023 LANDSCAPING SERVICES - PARKS, 01/18/2023
79767 01/26/2023 DENTAL HEALTH SERVICES 2286697 FEB 2023 EMPLOYEE PAID DENTAL 01/16/2023
C.2.b
Packet Pg. 27
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
MAYOR PRO TEM WILSON
THE FIRE STATION
E 10-195-246-000-000 1,389.00
1,389.00
1,389.00
79774 01/26/2023 MR ROOTER PLUMBING 47261162 HYDRO SCRUB FOR BACKED UP SINK AT 11/13/2022
E 16-175-142-000-000 8.90
E 65-425-142-000-000 13.08
906.62
906.62
E 10-185-142-000-000 9.79
E 10-370-142-000-000 12.38
E 10-450-142-000-000 13.00
E 10-140-142-000-000 28.58
E 10-172-142-000-000 17.36
E 10-175-142-000-000 21.97
B 10-022-66-00 722.36
E 10-120-142-000-000 35.27
E 10-125-142-000-000 23.93
E 10-110-210-000-000 52.80
52.80
158.40
79773 01/26/2023 LINCOLN NATIONAL LIFE INSURANC LCLN FEB 2023 FEB 2023 LIFE/AD&D/DEP LIFE/WI/LTD 02/01/2023
E 10-110-210-000-000 105.60
105.60
34920 BUSINESS CARDS - COUNCILMEMBER HENDERSON01/13/2023
E 10-110-142-000-000 282.15
282.15
282.15
79772 01/26/2023 INLAND BUSINESS FORMS 34904 BUSINESS CARDS - MAYOR HUSSEY AND 01/03/2023
79771 01/26/2023 WILLIAM HUSSEY JAN2023 BH HLTH REIMJAN 2023 BH HEALTH REIMBURSEMENT 01/19/2023
C.2.b
Packet Pg. 28
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
WASTE SERVICES
E 10-187-258-000-000 4,935.01
4,935.01
4,935.01
E 10-110-142-000-000 164.90
164.90
164.90
79780 01/26/2023 SAN BERNARDINO COUNTY FIRE DEP GT323CC JAN-MAR 2023 HOUSEHOLD HAZARDOUS 01/12/2023
E 10-190-250-000-000 7,000.00
7,000.00
7,000.00
79779 01/26/2023 SYLVIA ROBLES JAN2023 SR MED REIMBJAN 2023 SR MEDICARE REIMBURSEMENT 01/19/2023
E 10-380-250-000-000 1,521.88
1,521.88
1,521.88
79778 01/26/2023 REVENUE AND COST SPECIALISTS 9102 JAN 2023 USER FEE AND RATE STUDY 01/11/2023
E 10-380-250-000-000 695.00
695.00
7,353.00
79777 01/26/2023 PRECISION CABLING SERVICES 1647 CABLE RACK CLEANUP AT CITY HALL 12/31/2022
E 10-380-250-000-000 6,658.00
6,658.00
53009345 JAN 2023 SERVER ROOM CLEANUP 12/16/2022
E 10-125-210-000-000 101.82
101.82
101.82
79776 01/26/2023 ON SITE COMPUTING 54002932 FEB 2023 IT SERVICES 01/01/2023
79775 01/26/2023 ODP BUSINESS SOLUTIONS LLC 286843674001 FY2022-23 OFFICE SUPPLIES 01/05/2023
C.2.b
Packet Pg. 29
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
PROACTIVE PATROL
& SHERIFF OVERTIME
QUALITY OF LIFE
DETAIL
E 16-900-254-000-000 4,542.00
4,542.00
4,542.00
E 10-410-250-000-000 983.29
983.29
252,434.29
79783 01/26/2023 SCA OF CA LLC 104949CS DEC 2022 STREET SWEEPING SERVICES 12/31/2022
E 10-410-250-000-000 2,681.70
2,681.70
22240 FY2022-23 Q1 OVERTIME - FIREWORKS 12/22/2022
E 10-410-250-000-000 9,536.58
19,119.70
22241 FY2022-23 Q1 SHERIFF OVERTIME - 12/22/2022
37,483.60
22238 FY2022-23 Q1 GAS & VEHICLE MAINTENANCE 12/22/2022
E 10-410-220-000-000 9,583.12
192,166.00
22239 FY2022-23 Q1 SHERIFF OVERTIME - 12/22/2022
E 10-410-250-000-000 37,483.60
E 10-410-255-000-000 5,441.67
E 10-410-256-000-000 173,391.00
E 14-411-256-000-000 13,333.33
E 10-370-210-000-000 2.00
2.00
2.00
79782 01/26/2023 SB COUNTY SHERIFF 22307 JAN 2023 LAW ENFORCEMENT SERVICES 01/03/2023
79781 01/26/2023 SB COUNTY ASSESSOR 109092 JAN 2023 MONTHLY ASSESSOR PARCEL MAP 01/06/2023
C.2.b
Packet Pg. 30
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
MAINTENANCE
MAINTENANCE
MAINTENANCE
MEMBERSHIP DUES
SUBSCRIPTION
JAN-FEB 2023
JAN-FEB 2023
E 10-805-238-000-000 285.74
285.74
E 10-450-238-000-000 319.98
319.98
0007245010723 SR CTR CABLE INTERNET BLDG 3 - 01/07/2023
E 10-370-265-000-000 92.58
92.58
92.58
79787 01/26/2023 TIME WARNER CABLE 0262246010323 RICHARD ROLLINS PARK INTERNET -01/03/2023
B 10-022-72-00 481.64
481.64
481.64
79786 01/26/2023 THOMSON REUTERS WEST 847721033 JAN 2023 QUINLAN ZONING BULLETIN 01/04/2023
E 16-510-255-000-000 557.55
557.55
2,462.85
79785 01/26/2023 TEAMSTERS LOCAL 1932 018 FEBRUARY 2023 EMPLOYEE PAID 01/13/2023
E 16-510-255-000-000 749.00
749.00
22147712 DEC 2022 ROUTINE TRAFFIC SIGNAL 12/31/2022
E 16-510-255-000-000 1,156.30
1,156.30
22147713 DEC 2022 RESPONSE TRAFFIC SIGNAL 12/31/2022
79784 01/26/2023 ST FRANCIS ELECTRIC 22147714 DEC 2022 ON-CALL TRAFFIC SIGNAL 12/31/2022
C.2.b
Packet Pg. 31
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
(2) YARD SALE SIGNS
00417893
1,008.00
1,260.00
00418105 DEC 2022 PERMIT PUBLIC WORKS INSPECTION 01/17/2023
E 10-175-250-000-000 1,008.00
1,512.00
00417883 OCT 2022 PERMIT PUBLIC WORKS INSPECTION 11/15/2022
E 10-172-250-100-000 1,260.00
1,512.00
00417983 NOV 2022 PERMIT PUBLIC WORKS INSPECTION 12/12/2022
E 10-175-250-000-000 1,512.00
E 10-172-250-100-000 2,772.00
2,772.00
OCT 2022 CIP INSPECTION SERVICES 11/15/2022
E 10-955-800-111-000 1,512.00
E 10-175-250-000-000 8,680.00
8,680.00
00417804 SEP 2022 PERMIT PUBLIC WORKS INSPECTION 10/19/2022
B 23-515-22-00 20.00
20.00
20.00
79790 01/26/2023 WILLDAN 00336949 OCT 2022 INTERIM CITY ENGINEER SERVICES 11/09/2022
B 23-510-40-00 4,652.00
4,652.00
4,652.00
79789 01/26/2023 DEBRA WELCH 01232023 REFUND YARD SALE SIGN DEPOSIT FOR 01/23/2023
E 10-190-238-000-000 114.39
114.39
720.11
79788 01/26/2023 US MODULAR INC 01242023 REFUND WMP/C&D DEPOSIT B00-003-442 01/24/2023
0197046011623 CITY HALL CABLE - JAN-FEB 2023 01/16/2023
C.2.b
Packet Pg. 32
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
US MODULAR
INSURANCE
B 23-250-20-00 283.56
283.56
283.56
541223 01/04/2023 AMERICAN FIDELITY ASSURANCE CO D541223 JAN 2023 - EMPLOYEE CANCER & ACCIDENT 01/01/2023
E 10-190-238-000-000 4,404.38
E 10-805-238-000-000 412.29
4,816.67
4,816.67
E 10-175-257-020-000 2,166.84
2,166.84
2,166.84
180709 01/18/2023 SO CA GAS COMPANY DEC 2022 GAS SERVICEDEC 2022 GAS SERVICE 01/09/2023
504.00
17,758.00
79791 01/26/2023 ZORO TOOLS INC INV12000628 (60) COLD PATCH BAGS 01/14/2023
510.00
00417781 SEP 2022 INSPECTION SERVICES FOR 10/19/2022
B 23-510-32-00 504.00
002-27901 DEC 2022 PLAN CHECK/ INSPECTION SVCS 01/05/2023
E 10-172-250-100-000 510.00
C.2.b
Packet Pg. 33
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
12/15/2022
12/29/2022
01/12/2023
DATE 12/15/2022 - A. CAPIZ
B 10-022-62-00 248.33
248.33
248.33
B 10-022-62-00 7,608.98
7,608.98
7,608.98
17026125 01/18/2023 PUBLIC EMPLOYEES RETIREMENT 17026125 RETIREMENT CONTRIBUTIONS FILING FOR PAY 12/15/2022
B 10-022-62-00 7,811.58
7,811.58
7,811.58
17026104 01/18/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 01122023 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 01/12/2023
B 10-022-62-00 7,421.73
7,421.73
7,421.73
16998479 01/18/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12292022 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 12/29/2022
16998458 01/05/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 12152022 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 12/15/2022
E 26-604-238-000-000 59.26
E 26-605-238-000-000 47.70
13,680.15
13,680.15
E 26-601-238-000-000 55.35
E 26-602-238-000-000 76.63
E 26-603-238-000-000 12.77
E 10-450-238-000-000 1,361.99
E 16-510-238-000-000 7,393.86
E 26-600-238-000-000 68.12
E 10-172-238-000-000 90.82
E 10-175-238-000-000 90.83
E 10-190-238-000-000 4,422.82
1145110 01/04/2023 SO CA EDISON COMPANY DEC 2022 EDISONDEC 2022 ENERGY USAGE 01/01/2023
C.2.b
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
ACH 1002274354
#1002276683
#1002284639
B 10-022-63-00 1,705.00
B 10-022-64-00 147.93
1,852.93
1,852.93
17059565 01/18/2023 CALPERS 457 PLAN PAYDATE 12292022 457EFT PAYMENT CALPERS ACH CONFIRM 12/29/2022
B 10-022-63-00 1,705.00
B 10-022-64-00 147.93
1,852.93
1,852.93
E 10-190-140-000-000 19,500.00
19,500.00
19,500.00
17042921 01/05/2023 CALPERS 457 PLAN PAYDATE 12152022 457EFT PAYMENT CALPERS ACH CONFIRM 12/15/2022
24,525.59
24,525.59
17034478 01/05/2023 CALPERS REPLACEMENT BENEFIT 100000017034478 2023 REPLACEMENT BENEFIT CONTRIBUTION 12/20/2022
E 10-450-142-000-000 1,956.88
E 16-175-142-000-000 1,054.24
E 65-425-142-000-000 0.16
E 10-185-142-000-000 1,499.63
E 10-190-142-000-000 4,101.78
E 10-370-142-000-000 758.03
E 10-140-142-000-000 2,257.67
E 10-172-142-000-000 1,516.06
E 10-175-142-000-000 3,018.13
B 10-022-61-00 5,440.34
E 10-120-142-000-000 2,164.65
E 10-125-142-000-000 758.02
17030228 01/03/2023 CA PUB EMPLOYEES RETIRE SYSTEM 01012023 HPERS JAN 2023 PERS HEALTH INSURANCE 01/01/2023
C.2.b
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Invoice #Check TotalCheck #Date Vendor Invoice Description Inv. Date Amount Paid
Check Register
CITY OF GRAND TERRACE
As of 1/31/2023
#1002285149
Christine Clayton, Finance Director
City of Grand Terrace
Total Checks:595,302.17
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED
CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE
OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF.
E 10-190-235-000-000 532.02
532.02
532.02
3,524.46
3,524.46
620896594 01/04/2023 CENTURYLINK 620896594 DEC 2022 PHONE & INTERNET SERVICES 12/17/2022
E 10-185-235-000-000 305.10
E 10-805-238-000-000 1,520.58
E 65-425-235-000-000 101.12
E 10-140-235-000-000 101.12
E 10-172-235-000-000 101.12
E 10-175-235-000-000 1,395.42
38721560 01/09/2023 VERIZON WIRELESS 9924195298 NOV 22-JAN 23 MONTHLY PHONE CHARGES 01/01/2023
B 10-022-63-00 1,730.00
B 10-022-64-00 147.93
1,877.93
1,877.93
17059790 01/18/2023 CALPERS 457 PLAN PAYDATE 01122023 457EFT PAYMENT CALPERS ACH CONFIRM 01/12/2023
C.2.b
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council & Housing Authority Item
TITLE: Housing Successor Agency Annual Financial Report for the
Year Ended June 30, 2022
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Receive and file the Auditor's Annual Financial Report and
related document for the City's Housing Successor Agency.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Our Fiscal Viability” through the continuous
monitoring of revenue receipts and expenditure disbursements against approved budget
appropriations.
BACKGROUND:
Each year, the City has an independent audit conducted of its financial statements and
related internal control procedures, included in this is the Audit of the City’s Housing
Successor Agency. The audit for the Housing Successor Agency for the fiscal year
ended June 30, 2022 has been completed and the Annual Financial Report issued by
the City’s auditor, Lance, Soll & Lunghard, LLP.
DISCUSSION:
One of the key aspects of any annual financial audit is the Independent Auditor’s
Report, which is provided on page 1 of the Annual Audit Report (Exhibit A). The
Independent Auditor’s Report provides its opinion on whether or not the financial
statements fairly present, in all material respects, the respective financial position of the
governmental activities, and the major fund, as of the end of the fiscal year, and the
respective changes in financial position and cash flows, where applicable, in
conformance with Generally Accepted Accounting Principles (GAAP). The resulting
“opinion letter” is either unmodified or modified. The “opinion letter” received by the City
for its Housing Successor Agency financial statements for the period ended June 30,
2022 is unmodified, indicating that the financial statements fairly represent the City’s
financial position in accordance with GAAP.
In addition to the Annual Financial Report, the independent auditor issued the related
document, which is summarized below:
• Internal Control & Compliance Report (Exhibit B)
The Internal Control & Compliance Report identifies any material internal control
deficiencies that impact the financial statements. The results of the tests
C.3
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performed by the City auditors did not identify any deficiencies in internal control
that are required to be reported under Government Auditing Standards. In
addition, the results of the Auditor’s tests disclosed no instances of
noncompliance or other matters that are required to be reported under
Government Auditing Standards.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the Annual Financial Report and
related documents for the year ended June 30, 2022.
ATTACHMENTS:
• Exhibit A - Grand Terrace Housing Successor FS (PDF)
• Exhibit B - Grand Terrace Housing Successor Report on IC Final(PDF)
APPROVALS:
Christine Clayton Completed 02/06/2023 9:36 AM
Finance Completed 02/06/2023 9:37 AM
City Manager Completed 02/06/2023 11:27 AM
City Council Pending 02/28/2023 6:00 PM
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GRAND TERRACE
HOUSING SUCCESSOR AGENCY
GRAND TERRACE, CALIFORNIA
JUNE 30, 2022
FINANCIAL STATEMENTS
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GRAND TERRACE
HOUSING SUCCESSOR AGENCY
GRAND TERRACE, CALIFORNIA
FINANCIAL STATEMENTS
JUNE 30, 2022
TABLE OF CONTENTS
Page
Number
Independent Auditors’ Report .................................................................................................................. 1
Independent Auditors’ Report on Compliance with Applicable
Requirement and on Internal Control Over Compliance ................................................................... 4
Basic Financial Statements
Statement of Net Position and Governmental Fund Balance Sheet ................................................. 7
Statement of Activities and Governmental Statement of Revenues,
Expenditures and Changes in Fund Balance .................................................................................... 8
Notes to Financial Statements .............................................................................................................. 9
Required Supplementary Information
Budgetary Comparison Schedule ..................................................................................................... 12
Other Information
Computation of Housing Successor Excess/Surplus ....................................................................... 13
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Packet Pg. 46
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Packet Pg. 47
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GRAND TERRACE HOUSING SUCCESSOR AGENCY
STATEMENT OF NET POSITION AND GOVERNMENTAL FUND BALANCE SHEET
JUNE 30, 2022
Reclassifications
Governmental and Statement of
Fund Eliminations Net Position
Assets:
Cash and investments 1,347,537$ -$ 1,347,537$
Receivables:
Notes and loans 574,812 - 574,812
Advances to City 168,205 - 168,205
Total Assets 2,090,554$ - 2,090,554
Liabilities, Deferred Inflows of Resources,
and Fund Balance:
Liabilities
Accounts payable 3$ - 3
Total Liabilities 3 - 3
Deferred Inflows of Resources:
Unavailable revenues 60,812 (60,812) -
Total Deferred Inflows of Resources 60,812 (60,812) -
Fund Balance/Net Position:
Fund Balance
Restricted for:
Low and moderate housing activities 2,029,739 (2,029,739) -
Total Fund Balance 2,029,739 (2,029,739) -
Total Liabilities, Deferred Inflows of
Resources and Fund Balance 2,090,554$
Net Position
Restricted for:
Low and moderate housing activities 2,029,739 2,090,551
Total Net Position 60,812$ 2,090,551$
See Notes to Financial Statements.7
C.3.a
Packet Pg. 48
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GRAND TERRACE HOUSING SUCCESSOR AGENCY
STATEMENT OF ACTIVITIES AND GOVERNMENTAL STATEMENT OF
REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
YEAR ENDED JUNE 30, 2022
Reclassifications
Governmental and Statement of
Fund Eliminations Activities
Revenues:
Use of money and property (5)$ 645$ 640$
Miscellaneous 21,165 - 21,165
Total Revenues 21,160 645 21,805
Expenditures:
Current:
Community development 52,766 - 52,766
Total Expenditures 52,766 - 52,766
Excess (Deficiency) of Revenues
Over (Under) Expenditures (31,606) 645 (30,961)
Net Change in
Fund Balance/Net Position (31,606) 645 (30,961)
Fund Balance/Net Position:
Beginning of Year 2,061,345 60,167 2,121,512
End of Year 2,029,739$ 60,812$ 2,090,551$
See Notes to Financial Statements.8
C.3.a
Packet Pg. 49
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GRAND TERRACE HOUSING SUCCESSOR AGENCY
BUDGETARY COMPARISON SCHEDULE
GOVERNMENTAL FUND
YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 2,061,345$ 2,061,345$ 2,061,345$ -$ Resources (Inflows):
Use of money and property 300 300 (5) (305)
Miscellaneous - - 21,165 21,165
Amounts Available for Appropriations 2,061,645 2,061,645 2,082,505 20,860
Charges to Appropriations (Outflow):
Community development 69,248 69,248 52,766 16,482
Total Charges to Appropriations 69,248 69,248 52,766 16,482
Budgetary Fund Balance, June 30 1,992,397$ 1,992,397$ 2,029,739$ 37,342$
12
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CITY OF GRAND TERRACE HOUSING SUCCESSOR
COMPUTATION OF HOUSING SUCCESSOR
EXCESS/SURPLUS (HSC 34176.1)
Opening Fund Balance 2,061,345$ 2,029,739$
Less Unavailable Amounts:
Advances to City (168,205)$ (168,205)$
Loans receivable (514,000) (514,000)
(682,205) (682,205)
Available Housing Successor Funds 1,379,140 1,347,534
Limitation (greater of $1,000,000 or four years deposits)
Aggregate amount deposited for last four years:
2021 - 2022 - 21,160
2020 - 2021 2,150 2,150
2019 - 2020 14,206 14,206
2018 - 2019 6,676 6,676
2017 - 2018 685 -
Total 23,717$ 44,192$
Base Limitation 1,000,000$ 1,000,000$
Greater amount 1,000,000 1,000,000
Computed Excess/Surplus 379,140$ 347,534$ *
*Please note: In accordance with HSC34176.1(d) If a housing successor has an excess surplus, the housing successor shall
encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to
paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the
housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of
Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr.
Farmworker Housing Grant Program. For purposes of this subdivision, "excess surplus" shall mean an unencumbered amount in
the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account
during the housing successor's preceding four fiscal years, whichever is greater.
Low and Moderate
All Project Area
July 1, 2022
Low and Moderate
All Project Area
July 1, 2021
Housing Funds Housing Funds
13
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Measure I Fund Annual Financial & Compliance Report for
the Year Ended June 30, 2022
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Receive and file the Auditor's Annual Financial &
Compliance Report and related document for the City's
Measure I Fund.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Our Fiscal Viability” through the continuous
monitoring of revenue receipts and expenditure disbursements against approved budget
appropriations.
BACKGROUND:
Each year, the City has an independent audit conducted of its financial statements and
related internal control procedures, included in this is the Audit of the City’s Measure I
Fund. Measure I is the half-cent sales tax collected throughout San Bernardino County
for transportation improvements. The audit for the Measure I Fund for the fiscal year
ended June 30, 2022 has been completed and the Annual Financial Report issued by
the Measure I Fund Auditor, Eide Bailly, LLP.
DISCUSSION:
One of the key aspects of any annual financial audit is the Independent Auditor’s
Report, which is provided on page 1 of the Annual Audit Report (Exhibit A). The
Independent Auditor’s Report provides its opinion on whether or not the financial
statements fairly present, in all material respects, the respective financial position of the
governmental activities, and the major fund, as of the end of the fiscal year, and the
respective changes in financial position and cash flows, where applicable, in
conformance with Generally Accepted Accounting Principles (GAAP). The resulting
“opinion letter” is either unmodified or modified. The “opinion letter” received by the City
for its Measure I Fund financial statements for the period ended June 30, 2022 is
unmodified, indicating that the financial statements fairly represent the City’s financial
position in accordance with GAAP.
In addition to the Annual Financial Report, the independent auditor issued the related
document, which is included in the Report and is summarized below:
• Internal Control & Compliance Report
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The Internal Control & Compliance Report identifies any material internal control
deficiencies that impact the financial statements. The results of the tests
performed by the City auditors did not identify any deficiencies in internal control
that are required to be reported under Government Auditing Standards. In
addition, the results of the Auditor’s tests disclosed no instances of
noncompliance or other matters that are required to be reported under
Government Auditing Standards.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the Annual Financial Report and
related documents for the Measure I Fund for the year ended June 30, 2022.
ATTACHMENTS:
• Annual Audit Report Measure I Fund (PDF)
APPROVALS:
Christine Clayton Completed 02/06/2023 9:35 AM
Finance Completed 02/06/2023 9:36 AM
City Manager Completed 02/06/2023 11:26 AM
City Council Pending 02/28/2023 6:00 PM
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eidebailly.com
Financial Statements
June 30, 2022
City of Grand Terrace, California
Measure I Fund
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City of Grand Terrace, California
Measure I Fund
Table of Contents
June 30, 2022
Independent Auditor’s Report ............................................................................................................................. 1
Financial Statements
Balance Sheet .................................................................................................................................................. 4
Statement of Revenues, Expenditures and Change in Fund Balance ................................................................. 5
Notes to Financial Statements ......................................................................................................................... 6
Required Supplementary Information
Schedule of Revenues, Expenditures and Change in Fund Balance – Budget and Actual ..................................10
Note to Required Supplementary Information ................................................................................................11
Other Information
Program Status: Comparison of 5 Year Plan Project Budget to Current Year Expenditures ..............................12
Maintenance of Effort: Comparison of Base Level Amount to Annual Expenditures ........................................13
Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other
Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
Standards and Measure I Compliance Requirements ...........................................................................................14
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What inspires you, inspires us. | eidebailly.com
10681 Foothill Blvd., Ste. 300 | Rancho Cucamonga, CA 91730-3831 | T 909.466.4410 | F 909.466.4431 | EOE
1
Independent Auditor’s Report
To the Board of Directors
San Bernardino County Transportation Authority
San Bernardino, California
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of the Measure I 2010-2040 Fund of the City of Grand Terrace,
California (City), as of and for the year ended June 30, 2022, and the related notes to the financial
statements, as listed in the table of contents.
In our opinion, the accompanying financial statements referred to above present fairly, in all material
respects, the financial position of the Measure I Fund of the City, as of June 30, 2022, and the changes in
its financial position for the year then ended in accordance with accounting principles generally
accepted in the United States of America.
Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States
of America (GAAS) and the standards applicable to financial audits contained in Government Auditing
Standards issued by the Comptroller General of the United States (Government Auditing Standards). Our
responsibilities under those standards are further described in the Auditor’s Responsibilities for the
Audit of the Financial Statements section of our report. We are required to be independent of the City,
and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements
relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate
to provide a basis for our audit opinion.
Emphasis of Matter
As discussed in Note 1, the financial statements present only the Measure I Fund, and do not purport to,
and do not, present fairly the financial position of the City as of June 30, 2022, the changes in its
financial position, or, where applicable, its cash flows for the year then ended in accordance with
accounting principles generally accepted in the United States of America. Our opinion is not modified
with respect to this matter.
Responsibilities of Management for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in
accordance with accounting principles generally accepted in the United States of America, and for the
design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error.
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Our objectives are to obtain reasonable assurance about whether the financial statements as a whole
are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report
that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute
assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and
Government Auditing Standards will always detect a material misstatement when it exists. The risk of
not detecting a material misstatement resulting from fraud is higher than for one resulting from error,
as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of
internal control. Misstatements are considered material if there is a substantial likelihood that,
individually or in the aggregate, they would influence the judgment made by a reasonable user based on
the financial statements.
In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether
due to fraud or error, and design and perform audit procedures responsive to those risks.
Such procedures include examining, on a test basis, evidence regarding the amounts and
disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing
an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is
expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluate the overall
presentation of the financial statements.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit, significant audit findings, and certain internal control-related
matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the budgetary
comparison information as listed in the table of contents, be presented to supplement the basic
financial statements. Such information is the responsibility of management and although not a part of
the basic financial statements, is required by the Governmental Accounting Standards Board, who
considers it to be an essential part of financial reporting for placing the basic financial statements in an
appropriate operational, economic, or historical context. We have applied certain limited procedures to
the required supplementary information in accordance with auditing standards generally accepted in
the United States of America, which consisted of inquiries of management about the methods of
preparing the information and comparing the information for consistency with management’s responses
to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of
the basic financial statements. We do not express an opinion or provide any assurance on the
information because the limited procedures do not provide us with sufficient evidence to express an
opinion or provide any assurance.
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Management has omitted the management’s discussion and analysis that accounting principles
generally accepted in the United States of America require to be presented to supplement the basic
financial statements. Such missing information, although not a part of the basic financial statements, is
required by the Governmental Accounting Standards Board, who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. Our opinion on the basic financial statements is not affected by the missing
information.
Other Information
Management is responsible for the other information included in the annual report. The other
information comprises the program status and maintenance of effort schedules (other information), as
listed in the table of contents, but does not include the basic financial statements and our auditor’s
report thereon. Our opinion on the basic financial statements do not cover the other information, and
we do not express an opinion or any form of assurance thereon.
In connection with our audit of the basic financial statements, our responsibility is to read the other
information and consider whether a material inconsistency exists between the other information and
the basic financial statements, or the other information otherwise appears to be materially misstated.
If, based on the work performed, we conclude that an uncorrected material misstatement of the other
information exists, we are required to describe it in our report.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated January 27,
2023, on our consideration of the City’s internal control over financial reporting of the Measure I Funds
and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant
agreements and other matters. The purpose of that report is solely to describe the scope of our testing
of internal control over financial reporting and compliance and the results of that testing, and not to
provide an opinion on the effectiveness of the City’s internal control over financial reporting or on
compliance. That report is an integral part of an audit performed in accordance with Government
Auditing Standards in considering the City’s internal control over financial reporting and compliance, as
it relates to the Measure I Fund.
Rancho Cucamonga, California
January 27, 2023
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See Notes to Financial Statements 4
City of Grand Terrace, California
Measure I Fund
Balance Sheet
June 30, 2022
Assets
Cash and investments 388,559$
Taxes receivable 67,949
Total assets 456,508$
Liabilities and Fund Balance
Liabilities
Accounts payable 32,329$
Fund Balance
Restricted 424,179
Total liabilities and fund balance 456,508$
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City of Grand Terrace, California
Measure I Fund
Statement of Revenues, Expenditures and Change in Fund Balance
Year Ended June 30, 2022
Revenues
Measure I sales tax 334,014$
Unrealized loss in investments (121)
Total revenues 333,893
Expenditures
Capital
Construction and maintenance 90,690
Revenues Over/(Under) Expenditures 243,203
Other Financing Sources (Uses)
Transfers to City of Grand Terrace (71,957)
Net Change in Fund Balance 171,246
Fund Balance, Beginning of Year 252,933
Fund Balance, End of Year 424,179$
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6
City of Grand Terrace, California
Measure I Fund
Notes to Financial Statements
June 30, 2022
Note 1 - General Information
Reporting Entity
The financial statements are intended to reflect the financial position and changes in financial position of the
Measure I Fund of the City of Grand Terrace, California (City) only. Accordingly, the financial statements do not
purport to, and do not, present fairly the financial position of the City, as of June 30, 2022, and the changes in
financial position thereof for the year then ended in accordance with accounting principles generally accepted in
the United States of America.
Measure I
Measure I is the half-cent sales tax collected throughout San Bernardino County for transportation
improvements. In 2004, San Bernardino County voters approved the extension of the Measure I sales tax
through 2040. See Note 4 for a detailed description of the Measure.
Note 2 - Summary of Significant Accounting Policies
The accounting policies of the Measure I Fund of the City conform to accounting policies generally accepted in
the United States of America. The following is a summary of significant accounting policies:
A. Basis of Accounting
Governmental Fund Financial Statements
Fund Accounting
The accounts of the City are organized on the basis of funds. A fund is defined as an independent fiscal and
accounting entity wherein operations of each fund are accounted for in a separate set of self-balancing accounts
that record resources, related benefits, and equity, segregated for the purpose of carrying out specific activities.
The City accounts for the Measure I activities in separate general ledger accounts within its Measure I special
revenue fund.
Special revenue funds are used to account for the proceeds of revenue sources that are restricted or committed
to expenditure for specified purposes.
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City of Grand Terrace, California
Measure I Fund
Notes to Financial Statements
June 30, 2022
Measurement Focus and Basis of Accounting
The special revenue funds of the City are accounted for using the current financial resources measurement focus
and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and
available. Revenues are considered to be available when they are collected within the current period or soon
enough thereafter to pay liabilities of the current period. For this purpose, revenues are available if they are
collected within 60 days of the end of the fiscal period. Expenditures generally are recorded when a liability is
incurred. Operating statements of governmental funds present increases (revenues and other financing sources)
and decreases (expenditures and other financing uses) in net current resources.
B. Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the
United States of America requires management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosures at the date of the financial statements and the reported
amounts of revenues and expenditures during the reporting period. Actual results could differ from those
estimates.
C. Fund Balances
Fund balance is reported according to the following classifications: nonspendable, restricted, committed,
assigned, and unassigned based on the relative strength of the constraints that control how specific amounts
can be spent.
Restricted fund balance represents amounts that can be spent only for specific purposes because of
constitutional provisions or enabling legislation or because of constraints that are externally imposed by
creditors, grantors, contributors, or the laws or regulations of other governments.
When an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is
available, the City considers restricted funds to have been spent first.
D. Cash and Investments
Cash and investments are pooled by the City to facilitate cash management and maximize investment
opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds
including the Measure I Fund based upon the average cash balance. The investment policies applicable to the
Measure I Fund, are those of the City and are disclosed in the City’s basic financial statements. The City’s basic
financial statements can be obtained at City Hall.
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City of Grand Terrace, California
Measure I Fund
Notes to Financial Statements
June 30, 2022
The Measure I Fund’s cash and investments are reported at fair value. The fair value measurements are based
on the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on
the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active
markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant
unobservable inputs. The Measure I Fund’s deposits and withdrawals in the City investment pool are made on
the basis of $1 and not fair value. Accordingly, the measurement of fair value of the Measure I Fund’s
investment in the City investment pool is based on inputs that are uncategorized and not defined as a Level 1,
Level 2, or Level 3 input.
E. Maintenance of Effort
In accordance with California Public Utilities Code 190300 and Ordinance No. 04-01 of the San Bernardino
County Transportation Authority (SBCTA), Local Street Program funds shall not be used to supplant existing local
discretionary funds being used for street and highway purposes. The maintenance of effort (MOE) base year
level was determined based upon the discretionary General Fund expenditures for transportation-related
construction and maintenance activities in fiscal year 2008/2009. The MOE base year level as approved by the
SBCTA Board of Directors shall remain in effect until the expiration of Measure I 2010-2040. General Fund
expenditures in excess of the MOE base year level will carry over to subsequent fiscal years and can be applied
in a future year to offset the amount the local agency may need to meet the MOE requirement. The City’s
determined MOE base level is $115,156.
Note 3 - Taxes Receivable
Taxes receivable represent the Measure I sales tax receipts received from SBCTA after June 30, 2022.
Note 4 - Measure I Fund
The California State Legislature authorized county transportation authorities to enact local option sales tax
measures for transportation improvements in the late 1980s, under provisions of Division 19 (commencing with
Section 180000) of the Public Utilities Code. In November 1989, San Bernardino County voters approved passage
of Measure I, authorizing the SBCTA to impose a half-cent retail transactions and use tax applicable in the
incorporated and unincorporated areas of the County of San Bernardino for the 20-year period between
April 1, 1990 and March 31, 2010. SBCTA is authorized to administer the programs described in the Measure.
Early in the second decade of Measure I, it became apparent that continuation of the half-cent sales tax would
be critical to maintaining funding for transportation in San Bernardino County. SBCTA member jurisdictions and
transportation stakeholders worked to identify transportation needs, and an expenditure plan was developed to
serve as a basis for the renewal of Measure I. Ordinance No. 04-01 was placed before voters in November 2004,
and Measure I was renewed. The new Measure I extends the half-cent sales tax for 30 years, from April 1, 2010
through March 31, 2040. The new Measure is referred to as Measure I 2010-2040 to distinguish it from the first
Measure I.
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City of Grand Terrace, California
Measure I Fund
Notes to Financial Statements
June 30, 2022
Revenue from the tax can only be used for transportation improvement and traffic management programs
authorized in the Expenditure Plan.
Measure I 2010-2040 has a return-to-source provision that states that funds shall be allocated to subareas in
accordance with the actual revenue collected in each subarea. After deduction of required Board of Equalization
fees and authorized administrative costs, revenues generated in each subarea are to be expended on projects of
direct benefit to that subarea. Revenues are accounted for separately for each subarea and then allocated to
specified project categories in each subarea. These project categories are termed “programs” in the Strategic
Plan. Decisions on how revenues are expended within the subareas are made by the SBCTA Board of Directors
based upon recommendations of local subarea representatives. Other than the projects identified in the Cajon
Pass Expenditure Plan, revenues generated within a subarea can be expended outside of that subarea only upon
approval of two-thirds (2/3) of the jurisdictions within the affected subarea. A proportional share of projected
state and federal transportation funds is to be reserved for use solely within the Valley subarea and individual
Mountain/Desert (Colorado River, Morongo Basin, Mountains, North Desert and Victor Valley) subareas. In the
San Bernardino Valley subarea, Measure I 2010-2040 contains the following programs:
• Freeway Program
• Freeway Interchange Program
• Major Street Program
• Local Street Program
• Metrolink/Rail Program
• Express Bus/Bus Rapid Transit Program
• Senior and Disabled Transit Program
• Traffic Management Systems Program
In each of the Mountain/Desert subareas, Measure I 2010-2040 contains the following programs:
• Local Street Program
• Major Local Highway Program
• Senior and Disabled Transit Program
Note 5 - Transfers to the City of Grand Terrace
During the year ended June 30, 2022, $71,957 was transferred to the City which represents activity related to
the Measure I general street maintenance activities and the pavement management program in accordance
with the City’s Measure I Five Year Capital Improvement Plan.
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eidebailly.com
Required Supplementary Information
June 30, 2022
City of Grand Terrace, California
Measure I Fund
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See Note to Required Supplementary Information 10
City of Grand Terrace, California
Measure I Fund
Schedule of Revenues, Expenditures and Change in Fund Balance – Budget and Actual
Year Ended June 30, 2022
Variance From
Final Budget
Positive
Original Final Actual (Negative )
Revenues
Measure I sales tax 248,200$ 248,200$ 334,014$ 85,814$
Unrealized loss in investments 400 400 (121) (521)
Total revenues 248,600 248,600 333,893 85,293
Expenditures
Capital
Construction and maintenance 46,272 96,272 90,690 5,582
Revenues Over/(Under) Expenditures 202,328 152,328 243,203 90,875
Other Financing Sources (Uses)
Transfers to City of Grand Terrace - (66,776) (71,957) (5,181)
Net Change in Fund Balance 202,328 85,552 171,246 85,694
Fund Balance, Beginning of Year 252,933 252,933 252,933 -
Fund Balance, End of Year 455,261$ 338,485$ 424,179$ 85,694$
Budget
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See Note to Required Supplementary Information 11
City of Grand Terrace, California
Measure I Fund
Note to Required Supplementary Information
Year Ended June 30, 2022
Note 1 - Budgetary Data
The City adopts an annual budget on a basis consistent with accounting principles generally accepted in the
United States of America.
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eidebailly.com
Other Information
June 30, 2022
City of Grand Terrace, California
Measure I Fund
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12
City of Grand Terrace, California
Measure I Fund
Program Status: Comparison of 5 Year Plan Project Budget to Current Year Expenditures
Year Ended June 30, 2022
The Measure I Five-Year Capital Improvement Plan for local streets was adopted by Council Resolution
No. 2021-26. Of the funds allocated under the Measure I Five-Year Capital Improvement Plan, the following
programs were affected during the current fiscal year:
5-Year Plan Current
Project Fiscal Year Under/(Over)
Budget Expenditures Estimate
Tree Trimming Program 46,272$ 54,880$ (8,608)$
Pavement Management Consulting 50,000 35,810 14,190
90,690$
71,957
162,647$
*The City is to use SBCTA-approved forms for future submissions according to Policy 40003, VLS-9.
Local Projects
Total Measure I Fund Expenditures
Measure I Fund Transfers to City of Grand Terrace
Total
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13
City of Grand Terrace, California
Measure I Fund
Maintenance of Effort: Comparison of Base Level Amount to Annual Expenditures
Year Ended June 30, 2022
The maintenance of effort base level amount was determined based upon fiscal year 2008/09 spending levels.
Excess/(deficient) amounts are carried forward in accordance with the Measure I Strategic Plan. Actual amounts
expended in relation to the base level amount in each year subsequent to the base year are as follows:
General Fund Cummulative
Street and Highway Base Level Excess/Excess/
Funds Utilized Amount (Deficiency)(Deficiency)
2010 40,142$ (115,156)$ (75,014)$ (75,014)$
2011 160,298 (115,156) 45,142 (29,872)
2012 72,664 (115,156) (42,492) (72,364)
2013 89,957 (115,156) (25,199) (97,563)
2014 99,332 (115,156) (15,824) (113,387)
2015 91,999 (115,156) (23,157) (136,544)
2016 116,749 (115,156) 1,593 (134,951)
2017 148,773 (115,156) 33,617 (101,334)
2018 206,192 (115,156) 91,036 (10,298)
2019 208,718 (115,156) 93,562 83,264
2020 151,991 (115,156) 36,835 120,099
118,280 (115,156) 3,124 123,223
Fiscal Year Ending June 30,
2021
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What inspires you, inspires us. | eidebailly.com
10681 Foothill Blvd., Ste. 300 | Rancho Cucamonga, CA 91730-3831 | T 909.466.4410 | F 909.466.4431 | EOE
14
Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and
Other Matters Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards and Measure I Compliance Requirements
To the Board of Directors
San Bernardino County Transportation Authority
San Bernardino, California
We have audited, in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the Measure I Fund
of the City of Grand Terrace, California (City), as of and for the year ended June 30, 2022, and the
related notes to the financial statements and have issued our report thereon dated January 27, 2023.
Our report included an emphasis of matter stating that the financial statements of the Measure I Funds
do not purport to, and do not, present fairly the financial position of the City as of June 30, 2022.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal
control over financial reporting of the Measure I Fund (internal control) as a basis for designing audit
procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the
financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s
internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal
control.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to prevent, or
detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a
combination of deficiencies, in internal control, such that there is a reasonable possibility that a material
misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a
timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control
that is less severe than a material weakness, yet important enough to merit attention by those charged
with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any
deficiencies in internal control that we consider to be material weaknesses. However, material
weaknesses or significant deficiencies may exist that have not been identified.
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15
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the financial statements of the Measure I
Fund of the City are free from material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts, and grant agreements, including requirements of Measure I as
specified in the agreement between the City and San Bernardino County Transportation Authority
(SBCTA), noncompliance with which could have a direct and material effect on the financial statements.
However, providing an opinion on compliance with those provisions was not an objective of our audit,
and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance or other matters that are required to be reported under Government Auditing
Standards, including the requirements of Measure I as specified in the agreement between the City and
SBCTA.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
City’s internal control or on compliance. This report is an integral part of an audit performed in
accordance with Government Auditing Standards in considering the entity’s internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
Rancho Cucamonga, California
January 27, 2023
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Auditor's Annual Financial Report and Related Documents
for the Fiscal Year Ended June 30, 2022
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Receive and File the Auditor's Annual Financial Report and
related documents for the Fiscal Year ended June 30, 2022.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
Each year, the City has an independent audit conducted of its financial statements and
related internal control procedures. The audit for the fiscal year ended June 30, 2022,
has been completed and the Annual Financial Report issued by the City’s auditor,
Lance, Soll & Lunghard, LLP.
DISCUSSION:
One of the key aspects of any annual financial audit is the Independent Auditor’s
Report, which is provided on page 1 of the Annual Audit Report (Exhibit A). The
Independent Auditor’s Report provides its opinion on whether or not the financial
statements fairly present, in all material respects, the respective financial position of the
governmental activities, the business-type activities, each major fund, and the
aggregate remaining fund information as of the end of the fiscal year, and the respective
changes in financial position and cash flows, where applicable, in conformance with
Generally Accepted Accounting Principles (GAAP). The resulting “opinion letter” is
either Unmodified or modified. The “opinion letter” received by the City for its financial
statements for the period ended June 30, 2022, is unmodified, indicating that the
financial statements fairly represent the City’s financial position in accordance with
GAAP.
In addition to the Annual Financial Report, the independent auditor issues other related
documents, which are summarized below:
• Audit Communication Letter (Exhibit B)
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The audit communications letter discusses the auditor’s responsibilities under
Government Auditing Standards and any significant issues encountered during
the audit that warrant disclosure. None of the misstatements detected as a result
of the audit procedures and corrected by management were material, either
individually or in the aggregate, to the financial statements taken as a whole.
The Auditor’s indicated there were no significant difficulties dealing with
management in performing and completing their audit. There were no
disagreements with management in regard to financial accounting, reporting or
auditing that could be material to the financial statements taken as a whole.
• Internal Control & Compliance Report (Exhibit C)
The Internal Control & Compliance Report identifies any material internal control
deficiencies that impact the financial statements. The results of the tests
performed by the City auditors did not identify any deficiencies in internal control
that are required to be reported under Government Auditing Standards. In
addition, the results of the Auditor’s tests disclosed no instances of
noncompliance or other matters that are required to be reported under
Government Auditing Standards.
FISCAL IMPACT:
There is no fiscal impact associated with the receipt of the Annual Financial Report and
related documents for the year ended June 30, 2022.
ATTACHMENTS:
• Annual Audit Report FY2021-22 (PDF)
• Audit Communication Letter (PDF)
• Report on Internal Control and Compliance (PDF)
APPROVALS:
Christine Clayton Completed 02/15/2023 11:02 AM
Finance Completed 02/15/2023 11:02 AM
City Manager Completed 02/15/2023 12:57 PM
City Council Pending 02/28/2023 6:00 PM
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203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022
January 19, 2022
To the Honorable Mayor and Members of the City Council
City of Grand Terrace, California
We have audited the financial statements of the governmental activities, the business-type activities, each
major fund, and the aggregate remaining fund information of the City of Grand Terrace, California (the City)
for the year ended June 30, 2022. Professional standards require that we provide you with information
about our responsibilities under generally accepted auditing standards, Government Auditing Standards
and the Uniform Guidance, as well as certain information related to the planned scope and timing of our
audit. We have communicated such information in our letter to you dated January 19, 2022. Professional
standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Significant Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant
accounting policies used by the City are described in Note 1 to the financial statements. No new accounting
policies were adopted and the application of existing policies was not changed during fiscal year 2021-
2022. We noted no transactions entered into by the City during the year for which there is a lack of
authoritative guidance or consensus. All significant transactions have been recognized in the financial
statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management’s knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ significantly
from those expected. The most sensitive estimates affecting the City’s financial statements were:
Management’s estimates of its net pension liability and net other post-employment benefits
(OPEB) liability are based on actuarial valuation specialist assumptions. We evaluated the
key factors and assumptions used to develop the net pension liability and net OPEB liability
determining that they are reasonable in relation to the financial statements taken as a
whole.
The financial statement disclosures are neutral, consistent, and clear.
Significant or Unusual Transactions
Management is responsible for the policies and practices used to account for significant or unusual
transactions. No significant unusual transactions have occurred during fiscal year 2021-2022.
C.5.b
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To the Honorable Mayor and Members of the City Council
City of Grand Terrace, California
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our
audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are trivial, and communicate them to the appropriate level of management. We
are pleased to report that no such misstatements were identified during the course of our audit.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing
matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or
the auditor’s report. We are pleased to report that no such disagreements arose during the course of our
audit.
Management Representations
We have requested certain representations from management that are included in the management
representation letter dated January 19, 2022.
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application
of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion
that may be expressed on those statements, our professional standards require the consulting accountant
to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were
no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the significant events or transactions that occurred
during the year, business conditions affecting the City and business plans and strategies that may affect
the risks of material misstatements, the application of accounting principles and auditing standards, with
management each year prior to retention as the City’s auditors. However, these discussions occurred in
the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to management discussion and analysis, the budgetary comparison
schedules for the General Fund and major special revenue funds, and the required pension and other post-
employment benefits schedules which are required supplementary information (RSI) that supplements the
basic financial statements. Our procedures consisted of inquiries of management regarding the methods
of preparing the information and comparing the information for consistency with management’s responses
to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the
basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance
on the RSI.
C.5.b
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To the Honorable Mayor and Members of the City Council
City of Grand Terrace, California
We were engaged to report on the combining and individual fund financial statements and schedules, which
accompany the financial statements but are not RSI. With respect to this supplementary information, we
made certain inquiries of management and evaluated the form, content, and methods of preparing the
information to determine that the information complies with accounting principles generally accepted in the
United States of America, the method of preparing it has not changed from the prior period, and the
information is appropriate and complete in relation to our audit of the financial statements. We compared
and reconciled the supplementary information to the underlying accounting records used to prepare the
financial statements or to the financial statements themselves.
The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for
fiscal year 2021-2022 audit:
GASB Statement No. 87, Leases.
GASB Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction
Period.
GASB Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting
for Internal Revenue Code Section 457 Deferred Compensation Plans.
The following GASB pronouncements are effective in the following fiscal years’ audits and should be
reviewed for proper implementation by management:
Fiscal year 2023
GASB Statement No. 91, Conduit Debt Obligations.
GASB Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment
Arrangement.
GASB Statement No. 96, Subscription-Based Information Technology Arrangements.
Fiscal year 2024
GASB Statement No. 99, Omnibus 2022.
GASB Statement No. 100, Accounting Changes and Error Corrections.
Fiscal year 2025
GASB Statement No. 101, Compensated Absences.
Restriction on Use
This information is intended solely for the use of City Council and management of the City of Grand Terrace
and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
Brea, California
C.5.b
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203 N. Brea Blvd., Suite203 Brea,CA92821Lance, Soll & Lunghard, LLP Phone: 714.672.0022
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE
WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
City of Grand Terrace, California
We have audited, in accordance with the auditing standards generally accepted in the United States
of America and the standards applicable to financial audits contained in Government Auditing Standards
issued by the Comptroller General of the United States, the financial statements of the governmental
activities, the business-type activities, each major fund, and the aggregate remaining fund information of
the City of Grand Terrace, California (the “City”), as of and for the year ended June 30, 2022, and the
related notes to the financial statements, which collectively comprise the City’s basic financial statements,
and have issued our report thereon dated January 19, 2023.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control
over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in
the circumstances for the purpose of expressing our opinions on the financial statements, but not for the
purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not
express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management
or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct,
misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in
internal control, such that there is a reasonable possibility that a material misstatement of the entity’s
financial statements will not be prevented, or detected and corrected, on a timely basis. A significant
deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a
material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to identify all deficiencies in internal control that might be material
weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any
deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses
or significant deficiencies may exist that were not identified.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts, and grant agreements, noncompliance with which could have a direct and material effect on the
financial statements. However, providing an opinion on compliance with those provisions was not an
objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed
no instances of noncompliance or other matters that are required to be reported under
Government Auditing Standards.
C.5.c
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To the Honorable Mayor and Members of the City Council
City of Grand Terrace, California
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance
and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control
or on compliance. This report is an integral part of an audit performed in accordance with
Government Auditing Standards in considering the City’s internal control and compliance. Accordingly,
this communication is not suitable for any other purpose.
Brea, California
January 19, 2023
C.5.c
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Revised Professional Services Agreement Between the City
of Grand Terrace and Michael Baker International for
Planning Consultant Services Related to a Proposed Light
Manufacturing/Assembly Use (CUP 22-02, SA 22-08, MD
22-02, E 22-06)
PRESENTED BY: Haide Aguirre, Senior Planner
RECOMMENDATION: 1) Approve the Revised Agreement with Michael Baker
International in the amount of $346,772.00, and Rescind
Approval of the December 13, 2022 Agreement between the
Parties; and
2) Authorize the City Manager to Execute the
Agreement, subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This item supports Goal #1, Ensure Our Fiscal Viability, by ensuring cost recovery for
services as the costs will be borne by the project applicant.
BACKGROUN/DISCUSSION:
The City Council Approved an Agreement between the City of Grand Terrace and
Michael Baker International (MBI) on December 13, 2022, in an amount not to exceed
$390,820.00 for Planning Consultation Services, including the preparation of the
Environmental Analysis, Traffic Study (LOS), and Planning Project Review for a Light
Manufacturing/Assembly Project.
The purpose of this item is to request approval of the revised contract agreement,
based on significant changes to the scope of work. Recital C, Article 1.1, and
Compensation on Article 2.1 of the attached contract agreement have been revised to
reflect the scope of work changes. By and through the City Council's approval of the
revised agreement, the December 13, 2022 contract approval will be rescinded.
MBI’s Scope of Services to be performed have been revised to allow CEQA Adequacy
Review of the Technical Studies prepared by the Applicant. The two levels of analysis
anticipated on the contract have been revised to the following:
• Option 1 - Initial Study/Mitigated Negative Declaration in the amount of
$210,036.00
C.6
Packet Pg. 188
• Option 2 - Environmental Impact Report (CEQA Adequacy Review) in the
amount of $346,772.00
Attached is a copy of Michael Baker International’s revised proposal, dated February 8,
2023. The total compensation on the revised Scope of Work and Fee Schedule shall not
to exceed $346,772.00.
PROJECT DESCRIPTION:
Brad Lynds of Hines (“Applicant”) represented by Heather Duarte of EPD Solutions is
proposing the construction of a 170,672 square foot Light Manufacturing/Assembly
building located on 8.63-acre lot. The site is identified as Assessor’s Parcel Numbers
1167-121-02, -03, -04, and -07.
The Project site is designated Light Industrial (LI) in the General Plan Land Use Map,
and it is zoned Restricted Manufacturing (MR). The proposed Project will be a Light
Manufacturing/Assembly facility which is permitted on the MR zoning; however, due to
the unknown tenant, a CUP will be required to ensure compliance with the zoning and
to restrict the number of trucks stored on site to a total of 18, restrict the number of
trips generated by the use, and restrict the hours of operation. The site has existing
buildings proposed to be demolished and the four parcels are proposed to be merged.
The Project will require the following discretionary approvals from the city:
a) Environmental Review, preparation of an Initial Study and/or Environmental
Impact Report/CEQA Adequacy Review (to be determined), including Traffic
Study (LOS).
b) Conditional Use Permit will be required to prevent the use from increasing
intensity or from being used in a manner inconsistent with the zoning.
c) Site and Architectural Review for the construction of the proposed Light
Manufacturing/Assembly building and proposed improvements, including but
not limited to parking, landscape, perimeter fencing, trash enclosure,
underground utilities, street improvements.
d) Lot Merger to consolidate four (4) parcels into one lot.
e) Note: Variances will not be supported on this Project because findings cannot
be justified given the size of the lot and the topography.
The project is subject to review under the California Environmental Quality Act and the
city, as the lead agency, is responsible for the review of the adequacy of environmental
documents and adoption.
Michael Baker International will be responsible for preparing the Environmental
Analysis, including preparing technical studies, conducting CEQA adequacy review of
technical studies prepared by the Applicant, provide AB 52 support, and project review.
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FISCAL IMPACT:
There is no fiscal impact to the City. The Project applicant is responsible for consultant
and staff’s administrative costs related to the agreement for these services.
ATTACHMENTS:
• MBI_Contract Amended - 02.21.2023 (PDF)
• Michael Baker Proposal_9.23.2022 (PDF)
APPROVALS:
Haide Aguirre Completed 02/21/2023 5:38 PM
Adrian Guerra Completed 02/22/2023 8:50 AM
City Manager Completed 02/23/2023 1:38 PM
City Council Pending 02/28/2023 6:00 PM
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01247.0005/858857.1 2/14/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MICHAEL BAKER INTERNATIONAL
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AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MICHAEL BAKER INTERNATIONAL
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL” (herein “Agreement”) is made and entered into this 28th day of March 2023 by and between the City of Grand Terrace, a California municipal corporation (“City”) and Michel Baker International (“Consultant”). City and
Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter
collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. On December 13, 2022, the City Council approved an agreement by and between the City and Consultant. However, since that date, the scope of services to be performed by
Consultant has been revised significantly, such that a new consultant services agreement has been
prepared by the Parties. By and through the approval of this Agreement, the City Council’s approval of the December 13, 2022, agreement for the Project as described herein shall be rescinded and it is the intent of the parties that the prior agreement shall be of no further force and effect.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Rescission of Prior Agreement Approval.
The Parties agree that by and through the City Council’s approval of this Agreement, the City Council’s approval of the December 13, 2022, agreement is rescinded for all purposes. The December 13, 2022, agreement is terminated for all purposes, and shall have no further force and
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effect. Neither party shall have any obligations under the December 13, 2022 agreement, as described in further detail pursuant to Section 9.4 herein.
1.2 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.3 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.4 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.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.6 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
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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.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
1.8 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.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 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
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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 Three Hundred and Forty Six Thousand, Seven Hundred and Seventy Two Dollars and No Cents ($346,772.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
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
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which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
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.
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3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Tanya Bilezikjian, P.E., ENV SP, Office Executive, Vice President (corporate Secretary)
(Name) (Title)
Peter Minegar, AICP, Office Executive, Vice President (Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
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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 Konrad Bolowich, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
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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.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
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maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
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
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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:
(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
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failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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
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shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City
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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 Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
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obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 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
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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 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.
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
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conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0005/858857.1 2/14/2023 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY: City of Grand Terrace, a municipal corporation _____________________________________
_
Konrad Bolowich, City Manager ATTEST: _____________________________________
_
Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP
______________________________________
Adrian R. Guerra, City Attorney CONSULTANT:
______________________________________ _____________________________________
_
By: ___________________________________ Name: Tanya Bilezikjian, P.E. ENV SP.
Title: Office Executive, Vice President
By: ___________________________________ Name: Peter Minegar, AICP
Title: Office Executive, Vice President
Address: 3536 Concours Street, Suite 100 Ontario, CA 92764 ______________________________
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01247.0005/858857.1 2/14/2023
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.
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01247.0005/858857.1 2/14/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL CORPORATE OFFICER
_______________________________ TITLE(S)
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT TRUSTEE(S)
GUARDIAN/CONSERVATOR OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________
_____________________________________________
___________________________________ TITLE OR TYPE OF DOCUMENT
___________________________________ NUMBER OF PAGES
___________________________________ DATE OF DOCUMENT
___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0005/858857.1 2/14/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL CORPORATE OFFICER
_______________________________ TITLE(S)
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT TRUSTEE(S)
GUARDIAN/CONSERVATOR OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________
_____________________________________________
___________________________________ TITLE OR TYPE OF DOCUMENT
___________________________________ NUMBER OF PAGES
___________________________________ DATE OF DOCUMENT
___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0005/858857.1 2/14/2023 A-1
EXHIBIT “A” SCOPE OF SERVICES
Hines (“Applicant”) represented by EPD Solutions proposes the construction of 170,672 square
foot Light Manufacturing/Assembly building on 8.63-acres, located at (APNs: 1167-121-02, -03, -04, -07) a land use development in the City of Grand Terrace (the “Project”). Existing uses will be demolished and a Lot Merger will be required. The Project site is designated Light Industrial (LI) in the General Plan Land Use Map, and it is zoned Restricted Manufacturing (MR). The Municipal code
allows light to medium manufacturing facilities only on the Industrial (M2) zone. The proposed Project will be a Light Manufacturing/Assembly facility which is permitted on the MR zoning; however, due to the unknown tenant, a CUP will be required to ensure compliance with the zoning and to restrict the number of trucks stored on site to a total of 18, restrict the number of trips generated by the use, and restrict the hours of operation.
Consultant will provide environmental review and planning services to the City for the Project, as further described below. The Project is anticipated to include, but is not limited to, Environmental Review, Lot Merger, Conditional Use Permit, Site and Architectural Review, Development Agreement, and annexation into the City’s landscape and lighting maintenance
district.
Services to be provided by Consultant shall include, but are not limited to, the following:
XII. 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.
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
PAGE 12
According to the City’s Request for Proposals dated September 8, 2022, the City is seeking a consultant to serve as
the Project Planner to carry out the planning review and prepare the environmental assessment for a proposed
Assembly Light Manufacturing Building (proposed project). The Assembly Light Manufacturing Building would be
±170,672 square feet, located on four parcels, totaling approximately 8.63-acres, and located at 21801 and 21823
Barton Road (APNs: 1167-121-02, -03, -04, -07). The Assembly Light Manufacturing Building would include an
assembly area, assembly storage, and office areas. As designed, the building will accommodate up to 18 dock doors,
and approximately 243 auto parking spaces. The existing on-site buildings will be demolished, and it is assumed 50%
of the debris will be removed from the site and the remaining will be re-used on-site.
The project site has a General Plan Land Use designation of Light Industrial (LI) and it is zoned Restricted
Manufacturing (MR). The proposed project is a Light Manufacturing/Assembly facility which is permitted on the MR
zoning; however, because the tenant is not yet identified, a Conditional Use permit (CUP) will be required to ensure
compliance with the zoning and to restrict various site conditions and operations including the number of trucks stored
on-site (up to 18); restrict the number of trips generated by the use; and to restrict the hours of operation.
The proposed project will require the following discretionary approvals:
1. Site and Architectural Review for the construction of the proposed Light Manufacturing/Assembly building and
proposed improvements, including but not limited to parking, landscape, perimeter fencing, trash enclosure,
underground utilities, and street improvements.
2. Conditional Use Permit will be required to prevent the use from increasing intensity or from being used in a
manner inconsistent with the zoning.
3. Lot Merger to consolidate four (4) parcels into one (1) parcel.
4. Compliance with the California Environmental Quality Act (CEQA).
Our approach to preparing the CEQA document for the proposed project is to first and foremost work collaboratively
with the City and Applicant to prepare documentation that satisfies CEQA requirements, assists the City in its decision-
making process, and follows an efficient and effective project delivery process. To accomplish these objectives, our
approach is founded on the following principles:
✓ Conduct a technically adequate and defensible environmental analysis.
✓ Create a user friendly CEQA document that utilizes a combination of narrative, tables, and exhibits to help
the reader understand the environmental consequences of the project.
✓ Establish and achieve a milestone/critical path project schedule.
Michael Baker will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) if the projects potential
environmental Impacts can be reduced or avoided with adherence to a mitigation program; refer to Option 1 below.
In the event that potential environmental impacts cannot be avoided, we propose preparation of an Initial Study to
“screen out” the environmental topic areas anticipated to be less than significant in order to focus the overall scope of
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
PAGE 13
an Environmental Impact Report (EIR) (included as Option 2 below). Completing an Initial Study will make it so that
only environmental topical areas that could result in significant and unavoidable impacts are carried into the EIR, in the
event that impacts related to this topic area cannot be reduced to less than significant as part of the project’s Initial
Study.
The conclusions of the IS/MMD or Initial Study & EIR will be supported by Michael Baker-prepared technical studies
related to Traffic, Air Quality, Greenhouse Gas, Energy, Health Risk Assessment, Noise, Biology, Cultural and Tribal
Cultural Resources, Hazardous Assessment, Geotechnical Investigation, and Hydrology.
Task 1. Project Initiation and Work Program Refinement
Task 1.1 Project Kick-Off Meeting
Michael Baker will conduct an initial project kickoff meeting with the City and project applicant to obtain agreement on
the basic project elements and review the proposed project, goals and strategies, refine project scope and working
objectives, identify available data, and verify that deliverables are consistent with the project timeline. Michael Baker
will review relevant available information related to the project and conduct one (1) site visit. Once the kickoff meeting
has occurred, Michael Baker will make any necessary modifications to the proposed scope of work and/or schedule
and provide a revised work program to the City.
Task 1.2 Data Collection, Research, Evaluation
Michael Baker will obtain and review available referenced data for the project, including planning and policy
documentation from the City, as well as other local, State, and Federal agencies that may be affected by the project.
This information will be used as the basis for review of the project to determine consistency with applicable plans and
policies. Michael Baker will provide a request to the City for any project related materials, plan sets, and environmental
documentation. Michael Baker’s staff is experienced in the collection of materials needed to review a Project and as
such the Project Team will familiarize themselves with the City’s 2010 General Plan, Municipal Code, Measure I, and
other local, State and Federal regulations and project related materials provided by the City.
Deliverables:
• Kickoff Meeting with Meeting Agenda and Meeting Minutes in PDF format.
• Schedule and work program, including one round of revisions in PDF format.
• Data Request Memorandum in PDF format.
Task 2. Staff Augmentation
Task 2.1 Planning Entitlement Review
We build flexibility into our contract staffing work programs to better respond to what sometimes can be a fluctuating
workload, resulting in cost savings to our clients. Michael Baker’s approach to assisting the City of Grand Terrace is to
work in close cooperation with the City as a seamless extension of your own staff. Our planners bring significant
experience to their work, but we are of course cognizant of our role and the need to implement the policy direction
given by the City’s elected officials and the procedures developed by internal departments. Michael Baker will provide
entitlement processing/entitlement management services to the City. Case Manager, David Christie, AICP will serve
as an extension of City staff and maintain an open dialogue with staff and the Applicant to manage the analysis and
applications progress. David will serve as the primary point of contact for the Applicant and will liaise appropriately
between the Applicant and City staff. Additionally, David is available to work directly with City staff in-office. .
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
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Michael Baker will review Applicant’s project applications (CUP, SA, LUM) for completeness and consistency with the
City’s Municipal Code Requirements, including requirements for development standards. This task will be initiated by
circulating the project application package to internal staff/departments and agencies for 14-day review period. A copy
of written comments and a project completeness determination will be provided to the Applicant within 30-days. This
task assumes Michael Baker will conduct a second project review upon applicant’s resubmittal and that applicant will
have addressed all prior comments. Additional reviews will be provided with the City’s authorization on a Time and
Materials basis.
Deliverables:
• Comment letter (first submittal) and Comment letter (second submittal) in PDF format.
Task 2.2 Staff Reports and Hearings
Michael Baker’s case planner, David Christie, AICP, will attend up to five (5) meetings/hearings, including the public
scoping meeting, tribal consultation meeting, Planning Commission meeting, and City Council meeting as determined
by the City. The project planner will attend these meetings to provide overview and responses to
environmental/technical questions regarding the project entitlement documents. Once the Project is deemed complete
and ready for Planning Review, a Planning Commission Meeting will be scheduled. Michael Baker will prepare the
Staff Report including resolution(s) and a PowerPoint presentation. Michael Baker will prepare and assist the City with
notifications, mailings, and one (1) Public Hearing Notice.
Deliverables:
• Attendance at five (5) meetings/hearings
• Two (2) rounds of public hearing notices, one (1) for Planning Commission and one (1) for City Council
• One (1) set of project materials for the Planning Commission public hearing to include the Resolution,
Ordinance, Staff Report, and Presentation.
• One (1) set of project materials for the City Council public hearing to include the Resolution, Ordinance, Staff
Report, and Presentation.
Task 2.3 AB 52 Support
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill
(AB) 52. In coordination with the City, we will prepare the draft consultation letters to tribes that have requested AB52
notification and will maintain a consultation tracking log. However, because consultation is required to be government-
to-government, pursuant to State law, we assume the City will send the consultation letters, complete the AB52
consultation, and provide supporting documentation (ex. letters, emails, phone conversation summaries) for inclusion
in the environmental document.
Deliverables:
• Draft tribal consultation notification letters in PDF format
• Consultation tracking log in PDF format.
Task 2.4 Planning Review, Project Management, Meetings
Once the project has been initiated, Michael Baker will hold bi-weekly meetings with the City and the applicant’s team
to stay abreast of the Project schedule. In addition, the Michael Baker team will hold conference calls as necessary at
the request of the City to discuss progress of the review, identify an outstanding issues and to review and refine of any
pending deliverables. This task includes periodic and routine check-in calls with the City and Applicant on the project,
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email communications with City and Applicant, coordination with the project team, City and Applicant, and overall
project management and administration including monthly invoicing and progress reports.
Deliverables:
• Biweekly progress meeting/call with the City, and follow-up email summary of project progress in PDF format.
• Weekly progress schedule, monthly invoices and ongoing project communication in PDF format.
Task 3. Preparation of Technical Studies
As directed in the RFP dated September 8, 2022, and as updated during communication with the City, Michael Baker
will prepare technical studies related to Traffic and Hydrology/Water Quality Management Plan.
Task 3.1 Traffic Study
Scoping Agreement & Trip Generation Analysis
Michael Baker will coordinate the scope of the traffic analysis (vehicle miles traveled (VMT) and level of service) with
City staff responsible for reviewing the Traffic Impact Analysis (TIA). The evaluation will be prepared consistent with
the City of Grand Terrace Traffic Impact Analysis Guidelines. The latest version of the guidelines at the time of study
initiation will be utilized. Specifically, Michael Baker will prepare a brief memorandum discussing the following details:
• Trip generation estimates for the daily, AM and PM peak hour analysis periods;
• Appropriate distribution of project-related trips;
• VMT screening analysis;
• Site access/on-site traffic circulation issues to be addressed;
• Confirmation of project study area (study intersections); and
• Confirmation of study conditions to be analyzed.
Michael Baker will prepare trip generation estimates using trip generation rates contained in Trip Generation (Institute
of Transportation Engineers, 11th Edition). Traffic counts will be conducted at the site to determine the existing entering
and exiting vehicle trips that are generated by the current uses. These existing trips will be utilized in the trip generation
analysis as trip credits. Distribution of the estimated trips will be documented for use in determining which intersections
are anticipated to meet the 50-trip threshold for determination of study intersections. Based on an initial review of the
study locations, up to six (6) off-site study intersections, two (2) site driveway intersections, and one roadway segment
have been assumed for the purposes of this scope and fee. The trip generation analysis and existing traffic counts will
be required to confirm the number of study locations.
The VMT screening criteria including Step 1 (Transit Priority Area), Step 2 (Low VMT Area), and Step 3 (Project Type)
will be evaluated. Based on an initial review of the SBCTA VMT Screening Tool, it is anticipated that the project will
not screen out based on Step 1 and Step 2. The trip generation analysis will be required to determine if the Project will
screen out based on the Step 3 (Project Type), specifically the 110 daily trip-threshold. A full VMT assessment and
calculation may be required depending on the results of the trip generation and screening analysis. Two electronic
versions of the scoping agreement are assumed (one draft and one final) to address City comments.
Level of Service Analysis
A level of service analysis will evaluate the proposed project by analyzing the project-related traffic on the study area
roadway/intersection circulation system. If necessary, transportation improvements will be identified.
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Data Collection
The development of the Existing condition traffic volumes will involve collecting new counts. Michael Baker will utilize
a contractor to collect existing traffic count volumes at up to six (6) off-site study intersections. Intersection data will be
collected during the typical weekday AM Peak period (7 AM to 9 AM) and the weekday PM Peak period (4 PM to 6
PM). Additionally, volume data will be collected on Barton Road near the site for 24 hours during a typical weekday.
Data will be collected for 2-axle, 3-axle, and 4+ axle vehicle classification for use in converting volumes to passenger
car equivalent (PCEs).
Study Scenarios
Up to five (5) analysis scenarios will be evaluated as part of this traffic study as follows:
1) Existing Conditions
2) Opening Year Without Project
3) Opening Year With Project
4) Horizon Year Without Project
5) Horizon Year With Project
Analysis Hours
Two (2) analysis hours are anticipated: (1) Weekday AM Peak and (2) Weekday PM Peak.
Traffic Volume Forecasts
Forecasts will include approved and pending projects in the study area and a background growth percentage. It is
assumed that City staff will provide a list of approved or pending projects. In the event that background growth rate
cannot be obtained from previous studies or from the City, Michael Baker will conduct travel demand modeling under
a separate scope and fee.
Operations Analysis
The traffic operations analysis to assess conditions at the study intersections will be conducted using the Highway
Capacity Manual (HCM) analysis methodology. Michael Baker anticipates the use of Synchro software as an interface
to calculate the HCM delay and level of service (LOS). If the analysis indicates the proposed project will significantly
affect a study intersection based on applicable agency LOS thresholds, improvements will be recommended to improve
the LOS to an acceptable level. The analysis will document forecast operating conditions after implementation of
recommended improvements, if necessary.
Active Transportation & Public Transit Analysis
Michael Baker will evaluate any bicycle, pedestrian, or transit conflicts relative to the project and existing/plan facilities.
This includes documenting any planned bicycle and pedestrian facilities included in the site plan development. If
needed, Michael Baker will recommend bicycle and pedestrian improvements.
Reporting and Documentation
The findings of the traffic analysis will be summarized in a TIA report. This scope of work includes a total of two
electronic submittals of the traffic study to the City of Grand Terrace (one draft report for City review and one final report
with City comments addressed).
VMT Analysis
Michael Baker will prepare a VMT analysis to support the CEQA transportation metric consistent with the City
Guidelines if the project does not screen out of a VMT calculation. This analysis would be conducted upon approval of
the VMT scoping agreement and notice to proceed from the client. Michael Baker has the in-house expertise to conduct
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this analysis with RIVTAM/RIVCOM travel demand modeling support provided by Translutions, Inc. Prior to
Translutions, Inc. running the model, Michael Baker will confirm the model input assumptions based on the land use
type. Consistent with the City Guidelines, Michael Baker will evaluate the project-generated VMT and the project effect
on VMT. Mitigation measures will be evaluated should the project be determined to have a VMT impact. A VMT
Assessment memorandum will be prepared to document the findings of the VMT calculation. Two versions of a VMT
Assessment memorandum are assumed (one draft and one final) to address City comments.
Deliverables:
• One (1) draft Traffic Impact Report in MS Word.
• One (1) final Traffic Impact Report in PDF format.
Task 3.2 Hydrology Analysis / Water Quality Management Plan
Michael Baker will complete a hydrologic analysis for an existing and proposed condition onsite and account for any
offsite areas tributary to the project improvements. Aerial topography from Google Earth, land use information from the
City of Grand Terrace General Plan, proposed land use, and the proposed grading plan will be used to determine
drainage area imperviousness. The Michael Baker team will then develop a hydrologic model of the drainage area
based on procedures and guidelines outlined in the San Bernardino County Hydrology Manual, which will be used to
ensure the design of the proposed building and surrounding parking and landscape areas are designed adequately.
The 2-year, 10-year, and 100-year storm events will be computed, and the 100-year storm event will be used as the
design storm event.
Michael Baker will perform a hydraulic analysis utilizing Bentley’s Flowmaster to design any drainages ditches or similar
systems to convey flows around the proposed improvements. Michael Baker will also provide recommendations for
appropriate erosion protection for the proposed improvements if required.
Michael Baker will design basin(s) according to San Bernardino County’s Detention Basin Policy to mitigate such that
the post-development flow is equal to or less than 90% of pre-development flow. These basin(s) will also address
hydromodification discussed in the preliminary WQMP detailed in Task 4. Basin(s) may take the form of underground
storage vaults. After reviewing the existing site topography completed for the project site and utilizing Google Earth, it
appears there is no existing storm drain on Barton Road. Therefore, basin discharges will be required to be pumped
onto the existing adjacent streets. Michael Baker will perform calculations to ensure the adjacent streets have capacity
to convey the discharges and make recommendations where roadway drainage design will be required.
Michael Baker will summarize the drainage findings of the analysis in a drainage report, which will serve as basis of
design of the final engineering design and associated technical analysis to support the drainage facility design. The
report will include the backup data regarding hydrology, final hydraulics, existing facility/infrastructure data, design
criteria, specific design requirements, design constraints, assumptions, tables, and all engineering calculations or
analysis. This task will also account for graphics including report figures, exhibits, watershed maps, etc. This task
includes time for a draft report, two (2) rounds of comments, and a final report.
Water Quality Management Plan (WQMP)
A preliminary and final WQMP will be developed for the project using the approved template and will include source
control, site design, and post-construction BMPs applicable to reduce and/or eliminate the discharge of pollutants from
the completed project into the storm drain system or receiving waters. This task includes a preliminary WQMP, two
(2) rounds of comments, and a final WQMP.
The objectives of the preliminary WQMP are to:
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1) Provide a project description and site characterization including preparation of a site plan and vicinity map
2) Identify the Pollutants and Hydrologic Conditions of Concern related to the project, project site and existing
site (if required)
3) Site Design BMP concepts
4) Source Control BMPs
5) Project-specific Treatment Control BMPs and where feasible LID/Site Design BMPs which address the
Treatment Control BMP requirement. BMP information shall include basis for selection, sizing, calculations,
and incorporation of LID/Site Design and/or Treatment Control BMPs (where used, a watershed or regional
BMP program must be identified)
6) An operation and maintenance requirements program, including responsible entities, for BMPs
7) Proposed funding source for operations and maintenance of BMPs. Where a public agency is identified as
the funding source and responsible party for BMPs, a written agreement that states acceptance of these
responsibilities by the public agency must be provided.
8) Sizing of the various permanent BMPs will be provided.
Assumptions
• Infiltration rates for proposed basin locations must be known prior to beginning work.
• Industrial General Permit (IGP) does not apply to this project site.
• The following deliverables and tasks are not included in this scope of work:
1. Construction documents
2. Geotechnical investigation is not included under this scope
3. Environmental permitting
4. Aerial topography
5. Stormwater Pollution Prevention Plan (SWPPP)
6. Erosion Control Plan (ECP)
Deliverables:
▪ One (1) draft Drainage Report submitted in PDF format
▪ One (1) final Drainage Report in PDF format.
▪ One (1) preliminary WQMP in PDF format
▪ One (1) final WQMP in PDF format.
Option 1: Initial Study & Mitigated Negative Declaration
Task 4. Initial Study & Mitigated Negative Declaration
Task 4.1 Administrative Draft Initial Study
Using the City’s latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft IS/MND
for review by City staff. The IS will provide written responses to each question on the Environmental Checklist that
describe and qualitatively and/or quantitatively evaluate the project’s impact related to each topic. Each response will
include a conclusion regarding the significance of the project’s impact, which may be determined to be potentially
significant, potentially significant unless mitigated, less than significant, or nonexistent (i.e., no impact).
In accordance with Appendix G of the CEQA Guidelines, this section will include a detailed review of the following
resource topics:
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• Aesthetics • Land Use/Planning
• Agriculture and Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population/Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology/Soils • Transportation
• Greenhouse Gas Emissions • Tribal Cultural Resources1
• Hazards and Hazardous Materials • Utilities/Service Systems
• Hydrology/Water Quality • Wildfire
Michael Baker will submit the Administrative Draft IS/MND to the City for review and comment. In the event that the
Administrative Draft IS/MND results in a finding that the project will result in a significant impact that cannot be mitigated,
Michael Baker will work with the City to develop the appropriate CEQA approach, and move into Option 2 as outlined
below.
Deliverables:
• Administrative Draft IS/MND in Microsoft Word and PDF format
Task 4.2 Screencheck Draft Initial Study
After receiving the City’s comments on the Administrative Draft IS/MND and making the appropriate changes, Michael
Baker will prepare a proof-check version of the IS/MND for the City’s consideration. We assume that the proof-check
version will adequately address any substantive comments which the City had and that the City’s comments on the
proof-check version will be limited to edits and clarifications of final points. Michael Baker will address such final
edits/clarifications and prepare a final version of the IS/MND for public review.
Deliverables:
• Electronic copy of the Screencheck Draft IS/MND prepared in Microsoft Word and PDF format and Exhibits
Task 4.3 Public Draft Initial Study
Michael Baker will prepare a public-draft version of the IS/MND for public review and circulation. We will provide an
electronic copy (pdf format) of the IS/MND to the City to post on their website during the 30-day public review
period.
Deliverables:
• Electronic copy of the Public Draft IS/MND prepared in PDF format and Exhibits
• Five (5) hardcopies of the Public Draft IS/MND with Appendices on digital devise
Task 4.4 Final Initial Study
Responses to Comments. Michael Baker will respond to environmental comments received on the Draft IS/MND during
the public review period. Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant
environmental issues. The Draft Responses to Comments will be prepared for review by City Staff and submitted
electronically. Michael Baker will submit an electronic “proofcheck copy” of the revised Responses to Comments, which
will incorporate one complete set of comments received from the City. It is assumed that substantive comments will be
1 With respect to tribal cultural resources, Michael Baker assumes that the City will conduct the noticing and consultation as required by Assembly Bill 52 (AB 52) and
will provide the timelines, consultation outcomes, and any resulting mitigation measures to Michael Baker for incorporation into the IS/MND.
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received as part of the initial review and any additional comments to the proofcheck document will be minimal. Upon
receipt of comments on the Proofcheck Draft, Michael Baker will prepare the Final Responses to Comments.
It is noted that the extent of public and agency comments resulting from the review process is currently unknown. We
have conservatively budgeted this task based upon our understanding of the project and assume only minor
supplemental technical support may be necessary. Should the level of comments exceed our estimate or require more
substantial technical analysis, Michael Baker will advise the City and submit an additional funding request.
Mitigation Monitoring and Reporting Program. Michael Baker will prepare a Mitigation Monitoring and Reporting
Program (MMRP), which will provide a basis for monitoring identified mitigation measures during and upon project
implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the MMRP for the
proposed project. The Checklist indicates the mitigation measure number as outlined in the Initial Study, a list of
Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring
Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification
(documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification,
and pertinent remarks.
Completion of the Final IS/MND. If necessary, Michael Baker will prepare an Errata to the Public Review Draft
document for City review and approval. The Errata will be a stand-alone document identifying any revised text in
strikethrough and underline, as necessary to address comments received on the Public Review Draft document. The
Final IS/MND will be comprised of the Responses to Comments, Errata, and MMRP.
Deliverables:
• Electronic copy of the Final IS/MND prepared in Microsoft Word and PDF format and Exhibits
Task 4.5 CEQA Notices
Michael Baker will prepare for the City the project CEQA Notices, as outlined below. The Notices will be distributed via
certified mail to the State Clearinghouse and all responsible, trustee, and interested agencies, community groups, and
individuals. All distribution will be based upon a City-provided distribution list. This scope assumes that the City will be
responsible for distributing any required radius mailing or newspaper notices.
• Notice of Availability/Notice of Intent (NOA/NOI) - Michael Baker will prepare the NOA/NOI for the project to
initiate the 20-day public review period. This scope includes distribution of the NOA/NOI to 25 recipients.
• Notice of Completion (NOC) - Michael Baker will prepare the NOC for submittal to the State Clearinghouse at
the onset of the 20-day NOA/NOI public review period. The NOC will be filed electronically on the State
Clearinghouse CEQANet website.
• Notice of Determination (NOD) - Michael Baker will prepare the NOD to be filed with the County Clerk and
State Clearinghouse within five (5) days after deciding to carry out or approve the project. This scope excludes
payment of California Department of Fish and Wildlife (CDFW) and County Clerk processing fees. This scope
also assumes that the City will file the NOD with the County Clerk.
Deliverables:
• Electronic Copy of the NOA/NOI in Microsoft Word or PDF Format
• 25 Hard copies of the NOA/NOI distributed via certified mail (i.e., FedEx)
• Electronic Copy of the NOC in Microsoft Word or PDF Format
• Electronic Copy of the NOD in PDF Format
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Task 4.5 CEQA Management, Meetings, and Hearings
Environmental Management
Michael Baker’s project manager, Elizabeth Meyerhoff, will work closely with City staff. This approach optimizes
communication between the involved parties. Management activities include coordinating with the project team,
ensuring the proposed timeline is met, monitoring the project budget and progress, and providing quality control review
of all completed work products. Michael Baker has allocated 30 hours of project management time for this effort.
Coordination Meetings
Michael Baker’s project manager will develop a regular meeting schedule with City staff and the applicant team to
coordinate on project status and action items throughout the project. It is assumed that these check-in meetings will
be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants
to collaboratively review documents. It is expected that these meetings will occur monthly, with more frequent calls
necessary during project ramp-up and critical review and comment cycles. Michael Baker assumes coordination
meetings would be conducted on a time and materials basis.
Public Hearings
Michael Baker’s project manager and team will be available for project hearing support on an as-needed time and
materials basis. For the purpose of this scope, it is assumed that the project manager or a team member will attend up
to two (2) public hearing for the CEQA document. The project manager will attend these meetings to provide overview
and responses to environmental/technical questions regarding the environmental documentation materials.
Deliverables:
• Draft Presentation in Microsoft PowerPoint Format, Final Presentation in Microsoft PowerPoint Format,
Meeting Materials (Sign-in Sheet and Comment Cards), Meeting Minutes in PDF Format
Option 2: Initial Study & Environmental Impact Report
Task 4. Initial Study & Environmental Impact Report
Task 4.1 Administrative Draft Initial Study
Using the City’s latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft Initial
Study for review by the City. The purpose of the Initial Study would be to rule out the environmental topic areas from
consideration in the EIR and focusing the EIR on potential impacts. The Initial Study will provide written responses to
each question on the Environmental Checklist that describe and qualitatively and/or quantitatively evaluate the project’s
impact related to each topic. Each response will include a conclusion regarding the significance of the project’s impact,
which may be determined to be potentially significant, potentially significant unless mitigated, less than significant, or
nonexistent (i.e., no impact).
Beyond the technical aspects of preparing the CEQA document, Michael Baker’s approach is to prepare a reader-
friendly document that clearly explains why the impact is considered not significant or why the recommended mitigation
measures reduce the impact to a less than significant level. To accomplish this, Michael Baker will use a combination
of narrative, figures, photographs, maps, tables, and other visual aids. We believe that our reader-friendly approach
will greatly aid the City in meeting two of the core purposes of CEQA: informing the public about the environmental
impacts of the project and allowing decision-makers to consider the project’s environmental consequences before
deciding whether to approve the project.
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Deliverables:
• Administrative Draft Initial Study in Microsoft Word and PDF Format
Task 4.2 Administrative Draft EIR
Michael Baker will prepare an Administrative Draft EIR for review by City staff. The EIR will include all the components
required by CEQA, including a summary, a project description, a description of the environmental setting, a discussion of
both project-specific and cumulative environmental impacts (by topic), mitigation measures, and an alternatives analysis
in which up to three alternatives (including the No Project Alternative) will be considered. The EIR will be prepared in
accordance with CEQA, the most recent Guidelines for the Implementation of CEQA, applicable CEQA case law, and City
guidelines.
Similar to our preparation of the Initial Study, our approach is to prepare a reader-friendly EIR that clearly explains why
impacts are deemed less than significant, less than significant with mitigation, or significant and unavoidable. To
accomplish this, we will use a combination of narrative, figures, photographs, maps, tables, and other visual aids. The
major chapters and areas of concern to be addressed in the EIR are outlined below:
Executive Summary: The executive summary will include a summary description of the proposed project and project
alternatives as well as a table showing the complete text of mitigation measures identified in the EIR. Areas of controversy
and issues to be resolved will also be discussed as part of this section.
Introduction: The introduction will identify the type and purpose of the EIR, the scope of the EIR, effects found not to be
significant, and the definition of baseline and significance criteria. Project background and history will be discussed, and
terms used throughout the analysis will be defined. An overview of the project and the CEQA process will also be included.
Project Description: This project description will be consistent with the requirements of State CEQA Guidelines Section
15124. The chapter will consist of a detailed description of the proposed project, including construction and operational
activities.
The project description will clearly describe the location of the project, study area characteristics (e.g., surrounding land
uses), project objectives, and project characteristics. Intended uses of the EIR will be included, as well as a list of required
permits and approvals. Other agencies using the EIR and consultation requirements will be identified. Figures including
the project’s regional location and a site plan depicting proposed uses will be prepared.
Environmental Setting, Impacts, and Mitigation Measures: This is the focal chapter of the EIR and will include separate
sections for each environmental topic area, as well as a discussion of assumptions developed in consultation with the City.
This chapter will also include a list of projects or growth projections developed in consultation with the City that will be
the foundation of the cumulative impact analysis in each section.
Each section in this chapter will be formatted so that the impact statements and corresponding mitigation measures will
stand out from the text for clarity and ease of reference. Findings will be made as to the level of significance of each
impact after mitigation. Each environmental section will consist of the following components:
• Description of the baseline environmental setting
• Description of regulatory setting, including applicable local, state, and federal laws, regulations, and policies
• Identification of the applicable standards of significance
• Description of the methodology used for conducting the analysis
• Identification and discussion of direct, indirect, and cumulative impacts associated with project implementation
• Mitigation measures, including timing and enforcement responsibility
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Michael Baker anticipates using the most recent CEQA Appendix G Checklist, which requires an analysis of the following
topic areas:
• Aesthetics
• Agricultural Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Effects Determined Not to Be Significant: To satisfy CEQA requirements (CEQA Guidelines Section 15128), the EIR will
briefly discuss these topics in a section titled Effects Determined Not to Be Significant, largely based on the content in the
Initial Study.
Alternatives: Michael Baker will prepare a separate chapter in which we will discuss alternatives and identify alternatives
considered and eliminated from further consideration, as well as alternatives selected for more detailed analysis. Pursuant
to CEQA Guidelines Section 15126.6, we will prepare an analysis of a “reasonable range” of alternatives. Michael Baker
will coordinate with City staff and the project applicant, as appropriate, in the development of feasible alternatives to the
proposed project, in addition to the CEQA-required No Project Alternative.
The analysis will focus on alternatives that avoid or minimize environmental effects as compared to the proposed project
while achieving the project’s primary objectives. Therefore, the objectives contained in the project description must be
crafted with care in consultation with the City and the applicant.
Other CEQA Requirements: The EIR will include the other required chapters, including growth-inducing impacts of the
project, and a summary of the project’s significant and unavoidable impacts.
Report Preparers and References: This chapter will identify the authors of the report, including City staff, technical report
authors, and the Michael Baker team. It will also include references to all persons, agencies, and resource documents and
correspondence used in preparation of the EIR.
Appendices: The appendices will include a copy of the NOP and comments on the NOP. All technical reports will also be
included as appendices to the EIR.
Michael Baker will submit the Administrative Draft EIR to the City for review and comment. Michael Baker assumes that
the City will provide one compiled set of comments on the Administrative Draft EIR in Microsoft Word Track Changes.
Deliverables:
• Administrative Draft EIR in Microsoft Word Format
• Three (3) Printed Copies of the Administrative Draft EIR
Task 4.3 Screencheck EIR
Once Michael Baker has received a complete, single set of consolidated comments from the City on the Administrative
Draft EIR, Michael Baker will note substantive comments for discussion. The project manager will then meet with City
staff to discuss any substantive comments on the administrative draft. Michael Baker will then revise the document in
track changes for review by the City. After the City has approved the changes, Michael Baker will complete final
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formatting of the EIR and submit a screencheck draft of the EIR for approval to release for public review. Once
approved, Michael Baker will submit up to eleven printed copies of the Draft EIR to the City, with technical appendices
to be provided electronically on CD or USB drive. In addition, Michael Baker will provide the Draft EIR to the City
electronically, in both printable and web-friendly formats.
Deliverable:
• Screencheck Draft EIR in Microsoft Word Format
Task 4.4 Public Review Draft EIR
After the City has approved the Screencheck-draft changes, Michael Baker will complete final formatting of the EIR and
submit the Public Review Draft EIR to the City and initiate the 45-day public review period.
Deliverable:
• Public Review Draft EIR in Word and PDF Format
Task 4.5 Final EIR
Following completion of the public review period of the Public Draft EIR, Michael Baker will prepare a Final EIR, which
will include a summary of the revisions to the EIR as errata [as required by CEQA], Responses to Comments, and the
Mitigation Monitoring and Reporting Program (MMRP).
Task 4.5.1: Responses to Comments
Following completion of the public review period on the draft EIR, Michael Baker will prepare responses to all
environmental-based comments received on the draft EIR. An administrative draft version of the response to comments
will be submitted to the City for review. As with the Administrative Draft EIR, Michael Baker’s project manager may
attend a meeting with City staff to discuss substantive comments on the administrative version of the response to
comments. Since it is infeasible to estimate the number of comments on the Draft EIR, Michael Baker has preliminarily
estimated 120 hours of staff time for the response to comments.
Deliverables:
• Draft Response to Comments in Word Format
Task 4.5.2: Errata
Any changes to the text of the EIR will be summarized in an errata section of the Final EIR. Michael Baker will identify the
revisions to the Draft EIR in a strikeout/underline format.
Deliverables:
• Draft Errata in Word Format.
Task 4.5.3: Mitigation Monitoring and Reporting Program
Michael Baker will prepare an MMRP for the project pursuant to Section 15097 of the CEQA Guidelines. Michael Baker
will submit an administrative version of the MMRP to the City for review and comment. We will make all appropriate
revisions and submit a draft iteration of the MMRP to the City for final approval. Upon City approval, Michael Baker will
incorporate the MMRP into the final EIR.
Deliverables:
• Draft & Final Mitigation Monitoring and Reporting Program in Microsoft Word Format
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Task 4.5.4: Final EIR
An administrative draft of the Final EIR will be submitted to the City for review. Michael Baker will make all appropriate
revisions and submit a screencheck iteration of the response to comments to the City for final approval. Upon City
approval, Michael Baker will distribute the responses to comments to all commenting agencies and will incorporate the
responses into the Final EIR. Michael Baker will provide an electronic submittal of the administrative draft Final EIR,
including response to comments and errata changes to the Draft EIR.
Deliverables:
• Compiled Final EIR Document in PDF Format
• Three (3) Printed Copies of the Final EIR with Appendices on CD/USB Drive
Task 4.6 CEQA Notices
Notice of Preparation
To initiate the EIR preparation process, Michael Baker will prepare a Notice of Preparation (NOP) that identifies the
potentially significant effects of the project that will require further analysis in the EIR. The list of potentially significant
impacts, as well as impacts where there is anticipated to be little to no impact, will be determined by the findings in the
Initial Study. An electronic version of the draft NOP will be submitted to the City for review and comment. Michael Baker
will incorporate comments and revisions into the NOP prior to distribution. The distribution process will include the
following steps:
• Michael Baker will distribute the NOP to agencies via FedEx and residents that have requested notices via
first-class mail. Up to 50 notices will be distributed.
• Michael Baker will provide a version of the NOP suitable for newspaper publishing and will be responsible for
publishing the notice with the newspaper.
• Michael Baker will submit the NOP and Initial Study to the State Clearinghouse with a Notice of Completion
form.
Notice of Completion / Notice of Availability
This task includes uploading the project’s Notice of Completion (NOC) and Draft EIR to the State Clearinghouse
CEQANet website. In addition, Michael Baker will distribute the Notice of Availably (NOA) to the City-approved
distribution list. Michael Baker assumes a maximum of 50 copies of the NOA will be distributed, and that the City will
complete any required radius mailing for the NOA and will file the NOA with the with the County Clerk.
Notice of Determination
Michael Baker will prepare a Notice of Determination in accordance with CEQA Guidelines Section 15094 for the City
to file with the County Clerk. We recommend that the City file the Notice of Determination with the County Clerk within
five (5) days of adopting the EIR to establish a 30-day statute of limitations. Michael Baker will upload the NOD onto
the State Clearinghouse CEQANet website. This scope of work assumes City would provide the applicable California
Department of Fish and Wildlife fee upon filing the NOD with the County Clerk.
Deliverables:
• Notice of Preparation in PDF Format and up to 50 hard copies
• Notice of Completion and Notice of Availability in PDF Format and up to 50 hard copies
• Notice of Determination in PDF Format
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Task 4.7 CEQA Management, Meetings, and Hearings
Task 4.7.1 Environmental Management
Michael Baker’s project manager, Elizabeth Meyerhoff, will work closely with City staff throughout the development of
the CEQA document. This approach optimizes communication between the involved parties. Management activities
include coordinating with the project team, ensuring the proposed timeline is met, monitoring the project budget and
progress, administrative tasks, and providing quality control review of all completed work products. Michael Baker has
allocated 50 hours of project management time for this effort.
Task 4.7.2 Coordination Meetings
Michael Baker’s project manager will develop a regular meeting schedule with City staff and the applicant team to
coordinate on project status and action items throughout the project. It is assumed that these check-in meetings will
be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants
to collaboratively review documents. It is expected that these meetings will occur monthly, with more frequent calls
necessary during project ramp-up and critical review and comment cycles. Michael Baker assumes coordination
meetings would be conducted on a time and materials basis with an initial budget of 20 hours.
Task 4.7.3 Public Scoping Meeting
If requested by the City, Michael Baker will assist the City in conducting a scoping meeting during the 30-day NOP
public review period. Michael Baker will facilitate the public meeting, including intake of public comments on the project.
We will provide a draft and final presentation, as well as comment sheets, sign-in sheets, and speaker cards. Michael
Baker will summarize the comments received during the meeting for agency consideration and documentation in the
EIR.
Task 4.7.4 Public Hearings
Michael Baker’s project manager and team will be available for project hearing support on an as-needed time and
materials basis. For the purpose of this scope, it is assumed that the project manager or a team member will attend up
to two (2) public hearing for the CEQA document, with an initial budget of 20 hours. The project manager will attend
these meetings to provide overview and responses to environmental/technical questions regarding the environmental
documentation materials.
Deliverables:
• Draft Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting
• Final Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting
• Public Scoping Meeting Materials (Sign-in Sheet and Comment Cards),
• Public Scoping Meeting Minutes in PDF Format
Task 5. CEQA Adequacy Review of Applicant’s Technical Studies
As requested by the City, Michael Baker will review the Applicant-prepared technical studies listed below. The technical
studies will be reviewed for soundness and sufficiency, with special consideration of the following:
✓ Conclusions and recommendations should generally be well supported by facts, observation, analysis or
explanation, and reports should be internally consistent.
✓ Facts including observations regarding site conditions will generally be accepted as accurate.
✓ The analysis should address both the extent of the project (footprint) as well as the planned activities
associated with the project (construction and operation).
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✓ To ensure CEQA processes and requirements are being met, including but not limited to, Senate Bill 18
(SB18) and Assembly Bill 52 (AB52) requirements for cultural and tribal cultural resources.
The results of the CEQA Adequacy Review will be provided in a memorandum letter to City Staff and submitted in
electronic format. A brief second review will be conducted (if required) to confirm comments have been addressed.
This is assumed to be a minor, second check. Additional, detailed review and coordination regarding technical reports
is outside this scope of work. This scope of work excludes computer modeling to verify results.
The following technical reports will be reviewed:
1. CalEEMod Emission Summary
2. Health Risk Assessment
3. Noise and Vibration Report
4. Cultural Report
5. Cultural Report Confidential Appendices
6. Historical Resources Assessment
7. Paleontological Assessment
8. General Biological Assessment
9. Phase I Environmental Site Assessment, and
10. Geotechnical Investigation
Deliverable:
• CEQA Adequacy Review Memorandum providing written comment & recommendations on the report content
and validity of the studies including the need for additional data or technical studies (as necessary)
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01247.0005/858857.1 2/14/2023 B-1
EXHIBIT “B” SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None
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01247.0005/858857.1 2/14/2023 C-1
EXHIBIT “C” SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the budged amounts included on the cost estimate provided on Exhibit “C-1.”
II.A retention of ten percent (10%) shall be held from each payment as a contractretention to be paid as part of the final payment upon satisfactory completion ofservices.
III.Within the budgeted amounts for each Task, and with the approval of the ContractOfficer, funds may be shifted from one Task subbudget to another so long as theContract Sum is not exceeded per Section 2.1, unless Additional Services areapproved per Section 1.9.
IV.The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hoursworked, 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 Three Hundred and Forty Six Thousand, Seven Hundred and Seventy Two Dollars and No Cents
($346,772.00), as provided in Section 2.1 of this Agreement.
VI.The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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01247.0005/858857.1 2/14/2023 C-1
Exhibit C-1
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01247.0005/858857.1 2/14/2023 D-1
EXHIBIT “D” SCHEDULE OF PERFORMANCE
I. Consultant shall commence work under this Agreement within 5 working days of this Agreement’s execution by the parties.
II.Consultant shall perform all Services timely in accordance with the Project Scheduledeveloped by Consultant and subject to the written approval of the Contract Officer.
C.6.a
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Planning and Environmental Consultant Services Proposal
for an Assembly and Light Manufacturing Building Project
Prepared for:
City of Grand Terrace
Planning & Development Services Department
Haide Aguirre
Revised February 8, 2023
C.6.b
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February 8, 2023
Haide Aguirre
Planning and Development Services
City of Grand Terrace
22795 Barton Road
Grand Terrace, California 92313
Dear Ms. Aguirre and Members of the Selection Committee:
Michael Baker International (Michael Baker) appreciates the opportunity to provide our services to the City of Grand
Terrace (City) for the proposed Assembly and Light Manufacturing Building project. In response to the City’s request,
this proposal is revised to include the task of conducting a CEQA Adequacy Review of the Applicants technical studies
consisting of the following reports:
1. CalEEMod Emission Summary
2. Health Risk Assessment
3. Noise and Vibration Report
4. Cultural Report
5. Cultural Report Confidential Appendices
6. Historical Resources Assessment
7. Paleontological Assessment
8. General Biological Assessment
9. Phase I Environmental Site Assessment, and
10. Geotechnical Investigation
We have assembled a dedicated team that combines experienced professional planners and environmental specialists
to address the project’s multi-faceted requirements. Our team has the capacity to process and manage this large
entitlement package on the City’s desired schedule. We are excited to submit a proposal for this project as a
continuation of our current partnership with the City. We offer Grand Terrace the following benefits:
Our key personnel are familiar with Grand Terrace’s planning policy documents and have established strong working
relationships with your staff. Project Director, Emily Elliott, AICP will oversee the contract and facilitate the project
C.6.b
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
PAGE 1
team’s ability to successfully execute the work. Senior Project Manager Elizabeth Meyerhoff will lead the day-to-day
tasks and monitor the project schedule and budget while also providing guidance and quality control to Michael Baker’s
planning staff. Case Planner David Christie, AICP will be the Applicant’s point of contact and will perform the bulk of
entitlement services. This hand selected team of dynamic and experienced planners will work concurrently, expediting
the overall schedule and collaborate with each other to bring forward this significant project.
Michael Baker has a team of 150 west coast planners and environmental specialists across multiple disciplines
meaning our team is uniquely suited to provide in-house environmental peer review services which reduces costs and
timelines.
We understand that the City has already invested considerable effort to get the project to its current status, and you
expect us to quickly get up to speed and take full ownership of the project. Meeting the timelines identified in the RFP
is critical to success, and we understand how effective entitlement review drives the overall project schedule. By
structuring our team with specialized focus and multiple resources, we have the capacity to keep the project on track
and meet the aggressive schedule.
We are excited for the opportunity to serve Grand Terrace on this important project and look forward to strengthening
our relationship with you. Should you have any questions or wish to discuss the details of Michael Baker’s proposal,
please contact me at 760-341-6103 or Elizabeth.Meyerhoff@mbakerintl.com.
Sincerely,
Elizabeth Meyerhoff Emily Elliott, AICP
Senior Project Manager - Planning Senior Associate, Department Manager - Planning
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
PAGE 2
Michael Baker International, Inc. (Michel Baker) is a full-service planning, environmental, and engineering firm with
in-house professionals qualified to provide all planning and environmental review services anticipated based on the
types of work identified in the Request for Proposal. The Michael Baker team will build on past and current experience
working on projects in and around Grand Terrace to bring local expertise, insight from experiences shared by
communities across the Inland Empire, and a commitment to help Planning and Development Services Department
staff deliver exceptional planning, environmental, and technical services.
Founded in 1940, Michael Baker International, Inc. is a leading provider of
engineering and consulting services, including design, planning,
architectural, environmental, construction and program management, has
been solving some of the world’s most complex infrastructure challenges for
more than 80 years with a legacy of expertise, experience, innovation and
integrity. Michael Baker has 100 offices and over 3,550 employees
worldwide and offers innovative solutions, technical specialization, and
responsive project management. The company provides comprehensive
planning services in support of federal, state, and municipal governments,
public utilities, special districts, and private developers in a host of
professional disciplines including:
✓ Municipal Planning Services
✓ Land Use Planning
✓ Due Diligence and Entitlement
✓ Environmental Analysis and Compliance Services
✓ Jurisdictional Waters and Wetlands Delineations
✓ Streambed and Wetlands Permits
✓ Special Status Species Surveys and Permits
✓ Habitat Conservation Planning
✓ Public Outreach and Engagement
✓ Landscape Architecture and Architecture
✓ Geographic Information Systems Services
✓ Air Quality and Greenhouse Gas Emissions Modeling
✓ Visual Resource Analyses and Shade/Shadow Studies
✓ Transportation Planning and Engineering
✓ Storm Water and Water Quality Engineering
✓ Water And Wastewater Engineering
Company Overview
YEAR FOUNDED: 1940
CONTACT PERSON:
Elizabeth Meyerhoff
3536 Contours Street, Suite #100
Ontario, California 91764
(760) 341-6103
Elizabeth.Meyerhoff@mbakerintl.com
LEGAL NAME OF FIRM:
Michael Baker International, Inc.
OFFICES:
Locally: 9; Nationally: 100
EMPLOYEES:
Locally: 542; Nationally: 3,550+
SOUTHERN CALIFORNIA OFFICES AND
NUMBER OF EMPLOYEES:
Palm Desert (22)
Ontario (62)
Temecula (37)
Santa Ana (218)
Los Angeles (20)
Long Beach (28)
Camarillo (7)
Carlsbad (45)
San Diego (103)
DAYS/HOURS OF OPERATION:
Monday - Friday
8:00 a.m. - 5:00 p.m.
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
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✓ Civil, Structural, Mechanical, and Electrical Engineering
✓ Construction Management Services
The work provided for this Project Planner and Environmental Services contract with the City will be managed from
Michael Baker’s Ontario office, with technical support from our Palm Desert and Temecula Offices. Additional support
from our regional, and statewide offices is available, as needed. Michael Baker has over 150 planners located in
California, who are supported by a team of staff across the U.S. that we can draw upon if requested. The current
workload across our Inland Empire/Coachella Valley offices is well organized and local staff are available to the City of
Grand Terrace for the duration of this contract. Michael Baker's local staff is experienced in processing land use
entitlements for public agencies and has successfully completed entitlement for a wide variety of project types.
Several of the proposed staff included in this proposal have provided staffing support to organizations that perform
similar functions as the City of Grand Terrace. Emily Elliott, Elizabeth Meyerhoff, David Christie, and Tamara
Harrison are all a part of the staffing support for the Cities of Grand Terrace, Calimesa, Eastvale, Redlands, Yucaipa,
and Menifee, and the Counties of San Bernadino and Riverside. As part of those contracts, Michael Baker has task
orders for general staff support, including project management, coordination of development projects, third-party peer
review, and implementation of the California Environmental Quality Act (CEQA).
In responding to the City’s needs, Michael Baker is prepared to provide the City with a team of highly experienced
planners who are fully capable of successfully performing all tasks associated with the processing of discretionary
development applications, including General Plan amendments, zone changes, development agreements, specific
plans, site development permits, conditional use permits, variances, and subdivision maps.
Planning Services
Michael Baker provides diversified services to meet the planning needs of our clients. Michael Baker's staff is
experienced in processing land use entitlements for public agencies and has successfully completed entitlement for a
wide variety of project types. Michael Baker provides a full range of planning services from plan check and public
counter services to project entitlement processing, agency sponsored and capital improvement planning, public hearing
support, and documenting and tracking conditions of approval and mitigation measures.
Entitlement Processing
Michael Baker planners are experienced in the entire entitlement process and understand the importance of
representing the City with professionalism while working efficiently to move projects forward. Our staff will work in
tandem with City staff across departments to review projects and document comments and conditions. Upon project
completeness, our planners draft and assemble the staff report package and coordinate the project for hearings per
the City’s internal processes. Michael Baker planners are comfortable and professional in the hearing setting and will
present project applications with clarity and will be prepared to address questions from decision makers. From start to
finish, our planners document the entitlement process and work within the City’s adopted practices. We have the
experience and skill to process several entitlement types:
✓ Minor Use Permits / Conditional Use Permits
✓ Development Agreements
✓ Minor Exceptions / Variances
✓ Specific Plans
✓ Site Plan / Design Reviews
✓ General Plan Amendments
✓ Tentative Tract / Parcel Maps, Final Maps
✓ Zoning Amendments
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Environmental Services (CEQA Advising, Peer Review, and Document Preparation)
Michael Baker has an extensive history of providing CEQA peer review services to agencies throughout the State,
including to the County of San Bernardino, County of Riverside, County of Los Angeles, City of Eastvale, City of
Redlands, City of Yucaipa, City of Wildomar, City of Rancho Cucamonga, City of Los Angeles, City of Pasadena as
well as many others. Our objective in conducting peer review of CEQA documents is to work collaboratively with City
Planning Staff, City Counsel, and the document preparers to make the CEQA document readable and efficient. In
conducting peer reviews, we focus on providing helpful, constructive, solution-oriented comments that improve the
quality, readability, and defensibility of the CEQA document including identifying the need for additional technical
reports that may be needed for CEQA compliance. Our intent is not to be overly critical of the consultant’s work products
or slow down or interfere with the process. To the contrary, by helping to improve the document before it is released
for public review, our comments often result in time saved through the public review and public hearing process.
Michael Baker also provides peer review of environmental documents and technical studies that are supported by
professionals with experience in acoustics, air quality, climate change, traffic/transportation, hydrology, water quality,
water/wastewater, landscape architecture, urban design, policy planning, structural design, civil engineering, GIS,
mapping, and surveying.
Air Quality Studies and Health Risk Assessments: Michael Baker utilizes air quality models that are developed by
the U.S. Environmental Protection Agency, California Air Resources Board, and local air pollution control districts.
Michael Baker’s air quality services include project-specific analysis of regulatory impacts, short-term construction
emissions, and long-term operational emissions, and computer modeling of source-specific pollutant emissions and
dispersion analysis. Additionally, Michael Baker has carried out mitigation programs for commercial, transportation,
and industrial projects, as well as general plan air quality elements. Michael Baker also prepares health risk
assessments in accordance with the U.S. Environmental Protection Agency and the California Office of Environmental
Health Hazard Assessment guidelines to evaluate potential health risks associated with toxic air contaminants. Our
capabilities include emission inventory preparation, meteorological air dispersion modeling, and risk calculation.
Greenhouse Gas Studies: Michael Baker’s climate change experts are at the forefront in developing sound scientific
regulatory assessments and strategies within the rapidly changing regulatory environment. We advise both government
and private industry on greenhouse gas (GHG) policies and methodologies and the impact that they have on the new
carbon-constrained business future. To ensure a sustainable future, there is a great need to understand and manage
GHG emissions in ways that promote economic growth. Michael Baker has developed proprietary models for
quantifying and analyzing GHGs from a variety of direct and indirect sources including construction, vehicular traffic,
electricity consumption, water conveyance, and sewage treatment.
Biological Resources: Michael Baker has expert in-house biologists experienced with the federal and state
Endangered Species Acts, the Migratory Bird Treaty Act, the California Department of Fish and Game Code, the Clean
Water Act, and biological analyses under CEQA and NEPA. Michael Baker’s relationships with wildlife agencies,
regulatory agencies, federal land managers, and various conservation groups allow the firm to serve as a liaison
between the City and these agencies/organizations. Valued services provided by Michael Baker include conducting
habitat assessments to characterize the biological features of an area, rapidly identifying any sensitive features,
suggesting a compliance strategy to resolve identified impacts, and working with the client to make sure their planning
needs are met while meeting permitting and mitigation requirements. Michael Baker biologists prepare general
biological inventories, endangered species/sensitive plant surveys, and biological monitoring. In consultation with
resource agencies, Michael Baker staff has extensive experience in mitigating biological resources impacts through
restoration/revegetation and conservation/mitigation banking.
Cultural Resources: Michael Baker provides a diverse array of cultural resources including archeology and historic
architecture such as surveys, evaluations, mitigation, remote sensing, building evaluations, archival research,
delineations, historic records, preservation, rehabilitation, reuse, and artifact curation.
C.6.b
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
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We have a good relationship with the State Historic Preservation Officer (SHPO) and provide coordination regarding
Section 106 consultation, MOUs, and other documentation to get project concurrence.
Hydrology / Water Quality: Michael Baker has a broad base of experience that can provide a wide variety of services
to meet the challenges associated with stormwater quality. Current projects give the Michael Baker team a unique and
clear understanding of the requirements that the regulated community faces in complying with court orders, fulfilling
National Pollutant Discharge Elimination System (NPDES) permit obligations, and other related stormwater activities.
Our stormwater quality capabilities include the identification of constituents of concern, research relative to best
management practices (BMP) effectiveness, BMP siting, design, construction, construction management and
operation, and maintenance and monitoring.
Noise / Vibration: Michael Baker’s acoustical services include instrument-assisted noise and vibration field surveys,
commercial and industrial stationary sources noise impact analyses, Federal Highway Administration computer
modeling of motor vehicle noise impacts for roadway and freeway projects, and rail noise impact analysis. Michael
Baker’s acoustical staff also evaluates sound insulation performance, manufacturing and industrial noise impact
mitigation, building exterior and interior sound and vibration isolation analysis, and room acoustics, and prepares
general plan noise elements. Services typically provided include technical analysis for NEPA or CEQA documents, or
focused studies used in planning and civil design projects.
Traffic / Circulation: Michael Baker emphasizes traffic planning and design techniques to satisfy the requirements of
the study site and the adjacent areas. Our goal is to achieve safe and efficient movement of vehicles and plan adequate
parking facilities for the projected land uses and economic growth. Currently, Michael Baker uses traffic models derived
from data collected at peak intervals to capture the current performance of the traffic system and simulate potential
need. This is accomplished by utilizing any or all of the following external study site traffic analyses.
▪ Trip generation / vehicle miles traveled
▪ Directional distribution of traffic
▪ Access design criteria
▪ Traffic signal considerations
▪ Adjacent land access needs
▪ Impact on existing streets
▪ Evaluation of alternate designs
▪ Intersection capacity utilization
C.6.b
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As Senior Project Manager, Elizabeth Meyerhoff will be the main point of contact for the City of Grand Terrace.
Elizabeth prides herself on client responsiveness and a commitment to budget and schedule expectations. Elizabeth
has established herself as a trusted and highly competent project manager over her 15+ year career as an
environmental program manager. Elizabeth will be supported by Project Director, Emily Elliott, AICP, to effectively
manage the contract and oversee the work program. Together they hand selected project planner [case manager],
David Christie, AICP, to meet the City’s needs. Our municipal planner Tamara Harrison will serve to provide planning
review assistance. These team members have extensive professional planning experience working with community
development departments, development review committees, and project applicants to process land use applications
through the planning phase. In addition to Michael Baker’s technical staff, we have partnered with BCR Consulting
LLC and Petra Geosciences Inc, serving as our cultural resources lead and geotechnical lead for review of the
proposed project’s respective technical studies.
Our key staff members and sub-consultants listed below are fully dedicated to this contract's success. They have
collaborated on many municipal projects and have the knowledge and expertise to deliver any task order. While Michael
Baker has offices across the region and country that can provide additional resources, we believe successful projects
are built with a core team with a deep understanding of local issues. The City of Grand Terrace can expect to work with
this team day in and day out. Should we be presented with a need to increase the resources dedicated to the City, we
have the ability to expand our team to meet expectations and deliver on time. That said, the City will not be left
wondering who is leading a task or accountable for an assignment. This core team will be the primary bench of
professionals dedicated to the City.
Emily Elliott, AICP ■ Project Director
Emily Elliott, AICP leads Michael Baker’s Inland Empire planning practice and oversees environmental and community
planning documents for public and private sector clients, including the City of Grand Terrace. Emily is a versatile project
manager effectively administering contracts across project types. She draws on her broad background of consulting
and municipal service to provide technical and CEQA compliance review, and community planning and entitlement
coordination services. Emily has led the successful development of environmental compliance documents, personally
managed and executed current planning entitlements, and has assisted local agencies with updates to long range
planning tools. Her understanding and appreciation of the needs of public agencies, project applicants, and the public
lends itself to thoughtful and efficient project delivery.
Elizabeth Meyerhoff ■ Project Manager
Elizabeth Meyerhoff brings 16 years of experience as an environmental planner with extensive working knowledge of
California’s complex environmental regulations. Prior to joining Michael Baker International, Elizabeth served as urban
planner for the County of Riverside, and as environmental specialist with the Coachella Valley Water District overseeing
CEQA, CEQA-Plus, and NEPA compliance for the Capital Improvement Program, operation and maintenance activities,
and mitigation projects. Elizabeth has successfully acquired regulatory permits from the USACE, RWQCB, CDFW, and has
working relationships with several Native American tribal governments within Southern California. Elizabeth is responsive
to her team and is a consistent communicator, while providing direct support to the executive team. Elizabeth is a proven
public speaker, and routinely presents staff reports and informational items.
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David Christie, AICP ■ Case Planner
David Christie, AICP will serve as the Project Planner supporting this contract. David is a public sector planner with
5+ years of professional experience. He has accrued knowledge of the principals, procedures, practices, and trends in
the field of land use development and the entitlement process. David’s public sector resume includes time working with
the City of Redlands, City of San Bernardino, and the City of Chino. His experience includes permit and entitlement
processing, plan checks, grant writing, long range planning research, and engaging with applicants and the public.
Tamara Harrison ■ Municipal Planner
Tamara Harrison Tamara has 16+ years of professional experience as a planner in California primarily working in the
public sector with specialty in project management, land use and zoning, CEQA, and public speaking. Tamara has an
extensive public sector resume, including working as lead agency staff for the City of Menifee and the County of
Riverside, and has been a key contributor to the Barton Road Specific Plan update. Her experience includes the
processing of current planning projects as well as long-range planning projects including but not limited to tract maps
and commercial and industrial developments.
David Brunzell, RPA ■ BCR Consulting, LLC (sub-consultant)
David Brunzell is owner and principal investigator of BCR Consulting. David is a Registered Professional Archaeologist
(RPA) and has conducted professional archaeological work in California, Alaska, Utah, Nevada, and Oregon for 18
years. He has managed all phases of cultural resource work and has assisted with government agency and tribal
consultation on numerous projects. BCR Consulting LLC provides cultural resource compliance services for publicly
and privately funded projects pursuant to the California Environmental Quality Act (CEQA), Section 106 of the National
Historic Preservation Act (NHPA), and the National Environmental Policy Act (NEPA). BCR Consulting clients are
accustomed to receiving excellent results ahead of schedule and below budget. Our fields of specialization include
Archaeology (both prehistoric and historic), Historic Preservation (History and Architectural History), Paleontology, and
Geographic Information Systems (GIS).
Doug Johnston, CEG ■ Petra Geosciences, Inc. (sub-consultant)
Doug Brunzell is a senior associate geologist and certified engineering geologist with Petra Geosciences. Petra
provides comprehensive geotechnical engineering, engineering geology and environmental engineering investigations
concerning earth materials and their relationship with earthwork and structural foundations. Our mission is to provide
peace of mind to our clients by providing safe, economical, and timely solutions on every project and for every client.
As the consultant of choice for geotechnical and environmental services in Southern California, we provide prompt,
reliable, and efficient services to all our clients. Petra’s highly experienced and well-educated personnel provide
expertise in a wide range of projects throughout the geotechnical, geological, and environmental fields, employing
cutting-edge equipment, software, and practices.
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Project Team – Organizational Chart
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The following pages include an overview of staffing and consulting services provided to municipal agencies in San
Bernardino and Riverside Counties. For each jurisdiction, a list of example task orders or projects is included.
Land Use Entitlement Planning
City of Redlands, California
Michael Baker provides comprehensive land use entitlement
planning and processing services for the City of Redlands
Development Services Department, acting as extension of City
staff. Staff provided by Michael Baker are dedicated to multiple
ongoing projects with the task of achieving high-quality
development in line with City standards while expediting the
development process and providing full-service project review,
management, and coordination.
▪ The Packing House District Shopping Center II:
Conditional Use Permit Revision, Variance, Socioeconomic
Cost Benefit Study, and EIR Addendum
▪ Escape Craft Brewery: Conditional Use Permit, Historic
Resource Designation, Historic Parking Modification, and Off-
Site Parking Agreement
▪ Drive-through Coffee Shop: Conditional Use Permit, Traffic
Impact Analysis, Off-Site Parking Agreement
▪ J. Riley Distillery: Conditional Use Permit, Variance,
Socioeconomic Cost Benefit Study, Off-Site Parking
Agreement
▪ Three-Story Parking Structure with Retail and Office
Space: Conditional Use Permit, Variance, Socioeconomic Cost Benefit Study.
Reference
Brian Desatnik, Director
Development Services Department
City of Redlands
35 Cajon Street, Suite 20
Redlands, CA 92373
(909) 798-7555
Highlights
▪ Project management
▪ Entitlement processing
▪ Interdepartmental coordination
▪ Environmental review coordination
Dates
January 2019 – Ongoing
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On-Call Staffing and Planning Services
City of Eastvale, California
Michael Baker provides comprehensive planning services to the City
of Eastvale in western Riverside County. Michael Baker serves
directly as the City’s planning staff, providing current and advance
planning services, counter staffing, facilitation of Planning
Commission meetings, plan review, preparing staff reports, CEQA
compliance and review, consultation with tribes per SB 18 and AB
52 requirements, coordinating with other local and regional
agencies, and leading special projects like developing the City’s
Economic Development website. The Planning team routinely
coordinates with the City Manager, City Attorney, Public Works
team, and other key staff. Project examples include:
▪ Eastvale Crossings: The project involves the development
of a Walmart shopping center. Staff processed the project
application, conducted plan review, and oversaw the
preparation of an EIR to satisfy CEQA.
▪ Goodman Business Center: The project involves the
development of an industrial and business park. Staff
processed the application, conducted plan review, and
oversaw conditions of approval.
▪ The Campus: The project involves the development of an
industrial park. Originally processed by the City, the team
processed an application to modify the originally approved
project and prepared an EIR Addendum.
▪ Costco: The project involves the development of a new commercial shopping
center. Staff work to efficiently review and process project plans in time for a
fall 2018 opening.
▪ Lewis Retail Center: The project involves the development of a new retail
center, and municipal center including a government center and library. Staff
is coordinating with the developer to process the appropriate entitlements,
peer-review technical reports, and oversee the preparation of an EIR.
▪ Milliken Distribution Center: The project involves the development of a new
warehouse in the northern portion of the city. The planning team is processing
the project entitlements, coordinating with the Regional Conservation Authority
regarding potential impacts to Delhi sand flower-loving fly, conducting AB 52
consultation, and preparing an IS/MND to satisfy project CEQA requirements.
Reference
Gina Gibson-Williams
City of Eastvale
12363 Limonite Ave, Suite 910
Eastvale, CA 91752
(951) 703-4411
Highlights
▪ Environmental and planning on-call
services
▪ Close coordination with other local and
regional agencies
▪ Acted as extension of staff
▪ Peer-reviewed third party CEQA
documents and planning documents
▪ Conduct SB 18 and AB 52 tribal
consultations on behalf of City as lead
agency
Dates
2012 – Ongoing
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On-Call General Plan Planning and Environmental Support
Riverside County, California
Michael Baker has provided on-call planning and environmental
services for the County of Riverside since 2014. Services provided
to the County include long-range planning support including CEQA
compliance documentation, peer review services, general plan
amendments, zoning code amendments, transit planning
documents, community engagement, GIS services and climate
action plan support. Key projects completed for the County include:
▪ Winchester Community Plan EIR
▪ Lakeland Village Community Plan and Program EIR
▪ 5th & 6th Cycle Housing Element Update and Housing
Element Update EIR
▪ Wine County Community Plan Program EIR
▪ Wine Country Trails Plan Addendum EIR
▪ 2014 Countywide General Plan Update, Climate Action
Plan, and Program EIR
Michael Baker continues to provide support services to the County,
including implementation support of major long-range planning
documents.
Reference
John Hildebrand, Director
Planning Department
County of Riverside
4080 Lemon Street, 12th Floor
Riverside, CA 92501
(951) 955-6573
Highlights
▪ Environmental and planning on-call
services
▪ Acted as an extension of staff
▪ Community outreach support
▪ Close coordination with agencies, staff,
and regulatory agencies
Dates
2014 – Ongoing
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According to the City’s Request for Proposals dated September 8, 2022, the City is seeking a consultant to serve as
the Project Planner to carry out the planning review and prepare the environmental assessment for a proposed
Assembly Light Manufacturing Building (proposed project). The Assembly Light Manufacturing Building would be
±170,672 square feet, located on four parcels, totaling approximately 8.63-acres, and located at 21801 and 21823
Barton Road (APNs: 1167-121-02, -03, -04, -07). The Assembly Light Manufacturing Building would include an
assembly area, assembly storage, and office areas. As designed, the building will accommodate up to 18 dock doors,
and approximately 243 auto parking spaces. The existing on-site buildings will be demolished, and it is assumed 50%
of the debris will be removed from the site and the remaining will be re-used on-site.
The project site has a General Plan Land Use designation of Light Industrial (LI) and it is zoned Restricted
Manufacturing (MR). The proposed project is a Light Manufacturing/Assembly facility which is permitted on the MR
zoning; however, because the tenant is not yet identified, a Conditional Use permit (CUP) will be required to ensure
compliance with the zoning and to restrict various site conditions and operations including the number of trucks stored
on-site (up to 18); restrict the number of trips generated by the use; and to restrict the hours of operation.
The proposed project will require the following discretionary approvals:
1. Site and Architectural Review for the construction of the proposed Light Manufacturing/Assembly building and
proposed improvements, including but not limited to parking, landscape, perimeter fencing, trash enclosure,
underground utilities, and street improvements.
2. Conditional Use Permit will be required to prevent the use from increasing intensity or from being used in a
manner inconsistent with the zoning.
3. Lot Merger to consolidate four (4) parcels into one (1) parcel.
4. Compliance with the California Environmental Quality Act (CEQA).
Our approach to preparing the CEQA document for the proposed project is to first and foremost work collaboratively
with the City and Applicant to prepare documentation that satisfies CEQA requirements, assists the City in its decision-
making process, and follows an efficient and effective project delivery process. To accomplish these objectives, our
approach is founded on the following principles:
✓ Conduct a technically adequate and defensible environmental analysis.
✓ Create a user friendly CEQA document that utilizes a combination of narrative, tables, and exhibits to help
the reader understand the environmental consequences of the project.
✓ Establish and achieve a milestone/critical path project schedule.
Michael Baker will prepare an Initial Study/Mitigated Negative Declaration (IS/MND) if the projects potential
environmental Impacts can be reduced or avoided with adherence to a mitigation program; refer to Option 1 below.
In the event that potential environmental impacts cannot be avoided, we propose preparation of an Initial Study to
“screen out” the environmental topic areas anticipated to be less than significant in order to focus the overall scope of
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an Environmental Impact Report (EIR) (included as Option 2 below). Completing an Initial Study will make it so that
only environmental topical areas that could result in significant and unavoidable impacts are carried into the EIR, in the
event that impacts related to this topic area cannot be reduced to less than significant as part of the project’s Initial
Study.
The conclusions of the IS/MMD or Initial Study & EIR will be supported by Michael Baker-prepared technical studies
related to Traffic, Air Quality, Greenhouse Gas, Energy, Health Risk Assessment, Noise, Biology, Cultural and Tribal
Cultural Resources, Hazardous Assessment, Geotechnical Investigation, and Hydrology.
Task 1. Project Initiation and Work Program Refinement
Task 1.1 Project Kick-Off Meeting
Michael Baker will conduct an initial project kickoff meeting with the City and project applicant to obtain agreement on
the basic project elements and review the proposed project, goals and strategies, refine project scope and working
objectives, identify available data, and verify that deliverables are consistent with the project timeline. Michael Baker
will review relevant available information related to the project and conduct one (1) site visit. Once the kickoff meeting
has occurred, Michael Baker will make any necessary modifications to the proposed scope of work and/or schedule
and provide a revised work program to the City.
Task 1.2 Data Collection, Research, Evaluation
Michael Baker will obtain and review available referenced data for the project, including planning and policy
documentation from the City, as well as other local, State, and Federal agencies that may be affected by the project.
This information will be used as the basis for review of the project to determine consistency with applicable plans and
policies. Michael Baker will provide a request to the City for any project related materials, plan sets, and environmental
documentation. Michael Baker’s staff is experienced in the collection of materials needed to review a Project and as
such the Project Team will familiarize themselves with the City’s 2010 General Plan, Municipal Code, Measure I, and
other local, State and Federal regulations and project related materials provided by the City.
Deliverables:
• Kickoff Meeting with Meeting Agenda and Meeting Minutes in PDF format.
• Schedule and work program, including one round of revisions in PDF format.
• Data Request Memorandum in PDF format.
Task 2. Staff Augmentation
Task 2.1 Planning Entitlement Review
We build flexibility into our contract staffing work programs to better respond to what sometimes can be a fluctuating
workload, resulting in cost savings to our clients. Michael Baker’s approach to assisting the City of Grand Terrace is to
work in close cooperation with the City as a seamless extension of your own staff. Our planners bring significant
experience to their work, but we are of course cognizant of our role and the need to implement the policy direction
given by the City’s elected officials and the procedures developed by internal departments. Michael Baker will provide
entitlement processing/entitlement management services to the City. Case Manager, David Christie, AICP will serve
as an extension of City staff and maintain an open dialogue with staff and the Applicant to manage the analysis and
applications progress. David will serve as the primary point of contact for the Applicant and will liaise appropriately
between the Applicant and City staff. Additionally, David is available to work directly with City staff in-office. .
C.6.b
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Michael Baker will review Applicant’s project applications (CUP, SA, LUM) for completeness and consistency with the
City’s Municipal Code Requirements, including requirements for development standards. This task will be initiated by
circulating the project application package to internal staff/departments and agencies for 14-day review period. A copy
of written comments and a project completeness determination will be provided to the Applicant within 30-days. This
task assumes Michael Baker will conduct a second project review upon applicant’s resubmittal and that applicant will
have addressed all prior comments. Additional reviews will be provided with the City’s authorization on a Time and
Materials basis.
Deliverables:
• Comment letter (first submittal) and Comment letter (second submittal) in PDF format.
Task 2.2 Staff Reports and Hearings
Michael Baker’s case planner, David Christie, AICP, will attend up to five (5) meetings/hearings, including the public
scoping meeting, tribal consultation meeting, Planning Commission meeting, and City Council meeting as determined
by the City. The project planner will attend these meetings to provide overview and responses to
environmental/technical questions regarding the project entitlement documents. Once the Project is deemed complete
and ready for Planning Review, a Planning Commission Meeting will be scheduled. Michael Baker will prepare the
Staff Report including resolution(s) and a PowerPoint presentation. Michael Baker will prepare and assist the City with
notifications, mailings, and one (1) Public Hearing Notice.
Deliverables:
• Attendance at five (5) meetings/hearings
• Two (2) rounds of public hearing notices, one (1) for Planning Commission and one (1) for City Council
• One (1) set of project materials for the Planning Commission public hearing to include the Resolution,
Ordinance, Staff Report, and Presentation.
• One (1) set of project materials for the City Council public hearing to include the Resolution, Ordinance, Staff
Report, and Presentation.
Task 2.3 AB 52 Support
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill
(AB) 52. In coordination with the City, we will prepare the draft consultation letters to tribes that have requested AB52
notification and will maintain a consultation tracking log. However, because consultation is required to be government-
to-government, pursuant to State law, we assume the City will send the consultation letters, complete the AB52
consultation, and provide supporting documentation (ex. letters, emails, phone conversation summaries) for inclusion
in the environmental document.
Deliverables:
• Draft tribal consultation notification letters in PDF format
• Consultation tracking log in PDF format.
Task 2.4 Planning Review, Project Management, Meetings
Once the project has been initiated, Michael Baker will hold bi-weekly meetings with the City and the applicant’s team
to stay abreast of the Project schedule. In addition, the Michael Baker team will hold conference calls as necessary at
the request of the City to discuss progress of the review, identify an outstanding issues and to review and refine of any
pending deliverables. This task includes periodic and routine check-in calls with the City and Applicant on the project,
C.6.b
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PLANNING AND ENVIRONMENTAL CONSULTANT SERVICES
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email communications with City and Applicant, coordination with the project team, City and Applicant, and overall
project management and administration including monthly invoicing and progress reports.
Deliverables:
• Biweekly progress meeting/call with the City, and follow-up email summary of project progress in PDF format.
• Weekly progress schedule, monthly invoices and ongoing project communication in PDF format.
Task 3. Preparation of Technical Studies
As directed in the RFP dated September 8, 2022, and as updated during communication with the City, Michael Baker
will prepare technical studies related to Traffic and Hydrology/Water Quality Management Plan.
Task 3.1 Traffic Study
Scoping Agreement & Trip Generation Analysis
Michael Baker will coordinate the scope of the traffic analysis (vehicle miles traveled (VMT) and level of service) with
City staff responsible for reviewing the Traffic Impact Analysis (TIA). The evaluation will be prepared consistent with
the City of Grand Terrace Traffic Impact Analysis Guidelines. The latest version of the guidelines at the time of study
initiation will be utilized. Specifically, Michael Baker will prepare a brief memorandum discussing the following details:
• Trip generation estimates for the daily, AM and PM peak hour analysis periods;
• Appropriate distribution of project-related trips;
• VMT screening analysis;
• Site access/on-site traffic circulation issues to be addressed;
• Confirmation of project study area (study intersections); and
• Confirmation of study conditions to be analyzed.
Michael Baker will prepare trip generation estimates using trip generation rates contained in Trip Generation (Institute
of Transportation Engineers, 11th Edition). Traffic counts will be conducted at the site to determine the existing entering
and exiting vehicle trips that are generated by the current uses. These existing trips will be utilized in the trip generation
analysis as trip credits. Distribution of the estimated trips will be documented for use in determining which intersections
are anticipated to meet the 50-trip threshold for determination of study intersections. Based on an initial review of the
study locations, up to six (6) off-site study intersections, two (2) site driveway intersections, and one roadway segment
have been assumed for the purposes of this scope and fee. The trip generation analysis and existing traffic counts will
be required to confirm the number of study locations.
The VMT screening criteria including Step 1 (Transit Priority Area), Step 2 (Low VMT Area), and Step 3 (Project Type)
will be evaluated. Based on an initial review of the SBCTA VMT Screening Tool, it is anticipated that the project will
not screen out based on Step 1 and Step 2. The trip generation analysis will be required to determine if the Project will
screen out based on the Step 3 (Project Type), specifically the 110 daily trip-threshold. A full VMT assessment and
calculation may be required depending on the results of the trip generation and screening analysis. Two electronic
versions of the scoping agreement are assumed (one draft and one final) to address City comments.
Level of Service Analysis
A level of service analysis will evaluate the proposed project by analyzing the project-related traffic on the study area
roadway/intersection circulation system. If necessary, transportation improvements will be identified.
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Data Collection
The development of the Existing condition traffic volumes will involve collecting new counts. Michael Baker will utilize
a contractor to collect existing traffic count volumes at up to six (6) off-site study intersections. Intersection data will be
collected during the typical weekday AM Peak period (7 AM to 9 AM) and the weekday PM Peak period (4 PM to 6
PM). Additionally, volume data will be collected on Barton Road near the site for 24 hours during a typical weekday.
Data will be collected for 2-axle, 3-axle, and 4+ axle vehicle classification for use in converting volumes to passenger
car equivalent (PCEs).
Study Scenarios
Up to five (5) analysis scenarios will be evaluated as part of this traffic study as follows:
1) Existing Conditions
2) Opening Year Without Project
3) Opening Year With Project
4) Horizon Year Without Project
5) Horizon Year With Project
Analysis Hours
Two (2) analysis hours are anticipated: (1) Weekday AM Peak and (2) Weekday PM Peak.
Traffic Volume Forecasts
Forecasts will include approved and pending projects in the study area and a background growth percentage. It is
assumed that City staff will provide a list of approved or pending projects. In the event that background growth rate
cannot be obtained from previous studies or from the City, Michael Baker will conduct travel demand modeling under
a separate scope and fee.
Operations Analysis
The traffic operations analysis to assess conditions at the study intersections will be conducted using the Highway
Capacity Manual (HCM) analysis methodology. Michael Baker anticipates the use of Synchro software as an interface
to calculate the HCM delay and level of service (LOS). If the analysis indicates the proposed project will significantly
affect a study intersection based on applicable agency LOS thresholds, improvements will be recommended to improve
the LOS to an acceptable level. The analysis will document forecast operating conditions after implementation of
recommended improvements, if necessary.
Active Transportation & Public Transit Analysis
Michael Baker will evaluate any bicycle, pedestrian, or transit conflicts relative to the project and existing/plan facilities.
This includes documenting any planned bicycle and pedestrian facilities included in the site plan development. If
needed, Michael Baker will recommend bicycle and pedestrian improvements.
Reporting and Documentation
The findings of the traffic analysis will be summarized in a TIA report. This scope of work includes a total of two
electronic submittals of the traffic study to the City of Grand Terrace (one draft report for City review and one final report
with City comments addressed).
VMT Analysis
Michael Baker will prepare a VMT analysis to support the CEQA transportation metric consistent with the City
Guidelines if the project does not screen out of a VMT calculation. This analysis would be conducted upon approval of
the VMT scoping agreement and notice to proceed from the client. Michael Baker has the in-house expertise to conduct
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this analysis with RIVTAM/RIVCOM travel demand modeling support provided by Translutions, Inc. Prior to
Translutions, Inc. running the model, Michael Baker will confirm the model input assumptions based on the land use
type. Consistent with the City Guidelines, Michael Baker will evaluate the project-generated VMT and the project effect
on VMT. Mitigation measures will be evaluated should the project be determined to have a VMT impact. A VMT
Assessment memorandum will be prepared to document the findings of the VMT calculation. Two versions of a VMT
Assessment memorandum are assumed (one draft and one final) to address City comments.
Deliverables:
• One (1) draft Traffic Impact Report in MS Word.
• One (1) final Traffic Impact Report in PDF format.
Task 3.2 Hydrology Analysis / Water Quality Management Plan
Michael Baker will complete a hydrologic analysis for an existing and proposed condition onsite and account for any
offsite areas tributary to the project improvements. Aerial topography from Google Earth, land use information from the
City of Grand Terrace General Plan, proposed land use, and the proposed grading plan will be used to determine
drainage area imperviousness. The Michael Baker team will then develop a hydrologic model of the drainage area
based on procedures and guidelines outlined in the San Bernardino County Hydrology Manual, which will be used to
ensure the design of the proposed building and surrounding parking and landscape areas are designed adequately.
The 2-year, 10-year, and 100-year storm events will be computed, and the 100-year storm event will be used as the
design storm event.
Michael Baker will perform a hydraulic analysis utilizing Bentley’s Flowmaster to design any drainages ditches or similar
systems to convey flows around the proposed improvements. Michael Baker will also provide recommendations for
appropriate erosion protection for the proposed improvements if required.
Michael Baker will design basin(s) according to San Bernardino County’s Detention Basin Policy to mitigate such that
the post-development flow is equal to or less than 90% of pre-development flow. These basin(s) will also address
hydromodification discussed in the preliminary WQMP detailed in Task 4. Basin(s) may take the form of underground
storage vaults. After reviewing the existing site topography completed for the project site and utilizing Google Earth, it
appears there is no existing storm drain on Barton Road. Therefore, basin discharges will be required to be pumped
onto the existing adjacent streets. Michael Baker will perform calculations to ensure the adjacent streets have capacity
to convey the discharges and make recommendations where roadway drainage design will be required.
Michael Baker will summarize the drainage findings of the analysis in a drainage report, which will serve as basis of
design of the final engineering design and associated technical analysis to support the drainage facility design. The
report will include the backup data regarding hydrology, final hydraulics, existing facility/infrastructure data, design
criteria, specific design requirements, design constraints, assumptions, tables, and all engineering calculations or
analysis. This task will also account for graphics including report figures, exhibits, watershed maps, etc. This task
includes time for a draft report, two (2) rounds of comments, and a final report.
Water Quality Management Plan (WQMP)
A preliminary and final WQMP will be developed for the project using the approved template and will include source
control, site design, and post-construction BMPs applicable to reduce and/or eliminate the discharge of pollutants from
the completed project into the storm drain system or receiving waters. This task includes a preliminary WQMP, two
(2) rounds of comments, and a final WQMP.
The objectives of the preliminary WQMP are to:
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1) Provide a project description and site characterization including preparation of a site plan and vicinity map
2) Identify the Pollutants and Hydrologic Conditions of Concern related to the project, project site and existing
site (if required)
3) Site Design BMP concepts
4) Source Control BMPs
5) Project-specific Treatment Control BMPs and where feasible LID/Site Design BMPs which address the
Treatment Control BMP requirement. BMP information shall include basis for selection, sizing, calculations,
and incorporation of LID/Site Design and/or Treatment Control BMPs (where used, a watershed or regional
BMP program must be identified)
6) An operation and maintenance requirements program, including responsible entities, for BMPs
7) Proposed funding source for operations and maintenance of BMPs. Where a public agency is identified as
the funding source and responsible party for BMPs, a written agreement that states acceptance of these
responsibilities by the public agency must be provided.
8) Sizing of the various permanent BMPs will be provided.
Assumptions
• Infiltration rates for proposed basin locations must be known prior to beginning work.
• Industrial General Permit (IGP) does not apply to this project site.
• The following deliverables and tasks are not included in this scope of work:
1. Construction documents
2. Geotechnical investigation is not included under this scope
3. Environmental permitting
4. Aerial topography
5. Stormwater Pollution Prevention Plan (SWPPP)
6. Erosion Control Plan (ECP)
Deliverables:
▪ One (1) draft Drainage Report submitted in PDF format
▪ One (1) final Drainage Report in PDF format.
▪ One (1) preliminary WQMP in PDF format
▪ One (1) final WQMP in PDF format.
Option 1: Initial Study & Mitigated Negative Declaration
Task 4. Initial Study & Mitigated Negative Declaration
Task 4.1 Administrative Draft Initial Study
Using the City’s latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft IS/MND
for review by City staff. The IS will provide written responses to each question on the Environmental Checklist that
describe and qualitatively and/or quantitatively evaluate the project’s impact related to each topic. Each response will
include a conclusion regarding the significance of the project’s impact, which may be determined to be potentially
significant, potentially significant unless mitigated, less than significant, or nonexistent (i.e., no impact).
In accordance with Appendix G of the CEQA Guidelines, this section will include a detailed review of the following
resource topics:
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• Aesthetics • Land Use/Planning
• Agriculture and Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population/Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology/Soils • Transportation
• Greenhouse Gas Emissions • Tribal Cultural Resources1
• Hazards and Hazardous Materials • Utilities/Service Systems
• Hydrology/Water Quality • Wildfire
Michael Baker will submit the Administrative Draft IS/MND to the City for review and comment. In the event that the
Administrative Draft IS/MND results in a finding that the project will result in a significant impact that cannot be mitigated,
Michael Baker will work with the City to develop the appropriate CEQA approach, and move into Option 2 as outlined
below.
Deliverables:
• Administrative Draft IS/MND in Microsoft Word and PDF format
Task 4.2 Screencheck Draft Initial Study
After receiving the City’s comments on the Administrative Draft IS/MND and making the appropriate changes, Michael
Baker will prepare a proof-check version of the IS/MND for the City’s consideration. We assume that the proof-check
version will adequately address any substantive comments which the City had and that the City’s comments on the
proof-check version will be limited to edits and clarifications of final points. Michael Baker will address such final
edits/clarifications and prepare a final version of the IS/MND for public review.
Deliverables:
• Electronic copy of the Screencheck Draft IS/MND prepared in Microsoft Word and PDF format and Exhibits
Task 4.3 Public Draft Initial Study
Michael Baker will prepare a public-draft version of the IS/MND for public review and circulation. We will provide an
electronic copy (pdf format) of the IS/MND to the City to post on their website during the 30-day public review
period.
Deliverables:
• Electronic copy of the Public Draft IS/MND prepared in PDF format and Exhibits
• Five (5) hardcopies of the Public Draft IS/MND with Appendices on digital devise
Task 4.4 Final Initial Study
Responses to Comments. Michael Baker will respond to environmental comments received on the Draft IS/MND during
the public review period. Michael Baker will prepare thorough, reasoned, and sensitive responses to relevant
environmental issues. The Draft Responses to Comments will be prepared for review by City Staff and submitted
electronically. Michael Baker will submit an electronic “proofcheck copy” of the revised Responses to Comments, which
will incorporate one complete set of comments received from the City. It is assumed that substantive comments will be
1 With respect to tribal cultural resources, Michael Baker assumes that the City will conduct the noticing and consultation as required by Assembly Bill 52 (AB 52) and
will provide the timelines, consultation outcomes, and any resulting mitigation measures to Michael Baker for incorporation into the IS/MND.
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received as part of the initial review and any additional comments to the proofcheck document will be minimal. Upon
receipt of comments on the Proofcheck Draft, Michael Baker will prepare the Final Responses to Comments.
It is noted that the extent of public and agency comments resulting from the review process is currently unknown. We
have conservatively budgeted this task based upon our understanding of the project and assume only minor
supplemental technical support may be necessary. Should the level of comments exceed our estimate or require more
substantial technical analysis, Michael Baker will advise the City and submit an additional funding request.
Mitigation Monitoring and Reporting Program. Michael Baker will prepare a Mitigation Monitoring and Reporting
Program (MMRP), which will provide a basis for monitoring identified mitigation measures during and upon project
implementation. The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the MMRP for the
proposed project. The Checklist indicates the mitigation measure number as outlined in the Initial Study, a list of
Mitigation Measures/Conditions of Approval (in chronological order under the appropriate topic), the Monitoring
Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification
(documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification,
and pertinent remarks.
Completion of the Final IS/MND. If necessary, Michael Baker will prepare an Errata to the Public Review Draft
document for City review and approval. The Errata will be a stand-alone document identifying any revised text in
strikethrough and underline, as necessary to address comments received on the Public Review Draft document. The
Final IS/MND will be comprised of the Responses to Comments, Errata, and MMRP.
Deliverables:
• Electronic copy of the Final IS/MND prepared in Microsoft Word and PDF format and Exhibits
Task 4.5 CEQA Notices
Michael Baker will prepare for the City the project CEQA Notices, as outlined below. The Notices will be distributed via
certified mail to the State Clearinghouse and all responsible, trustee, and interested agencies, community groups, and
individuals. All distribution will be based upon a City-provided distribution list. This scope assumes that the City will be
responsible for distributing any required radius mailing or newspaper notices.
• Notice of Availability/Notice of Intent (NOA/NOI) - Michael Baker will prepare the NOA/NOI for the project to
initiate the 20-day public review period. This scope includes distribution of the NOA/NOI to 25 recipients.
• Notice of Completion (NOC) - Michael Baker will prepare the NOC for submittal to the State Clearinghouse at
the onset of the 20-day NOA/NOI public review period. The NOC will be filed electronically on the State
Clearinghouse CEQANet website.
• Notice of Determination (NOD) - Michael Baker will prepare the NOD to be filed with the County Clerk and
State Clearinghouse within five (5) days after deciding to carry out or approve the project. This scope excludes
payment of California Department of Fish and Wildlife (CDFW) and County Clerk processing fees. This scope
also assumes that the City will file the NOD with the County Clerk.
Deliverables:
• Electronic Copy of the NOA/NOI in Microsoft Word or PDF Format
• 25 Hard copies of the NOA/NOI distributed via certified mail (i.e., FedEx)
• Electronic Copy of the NOC in Microsoft Word or PDF Format
• Electronic Copy of the NOD in PDF Format
C.6.b
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Task 4.5 CEQA Management, Meetings, and Hearings
Environmental Management
Michael Baker’s project manager, Elizabeth Meyerhoff, will work closely with City staff. This approach optimizes
communication between the involved parties. Management activities include coordinating with the project team,
ensuring the proposed timeline is met, monitoring the project budget and progress, and providing quality control review
of all completed work products. Michael Baker has allocated 30 hours of project management time for this effort.
Coordination Meetings
Michael Baker’s project manager will develop a regular meeting schedule with City staff and the applicant team to
coordinate on project status and action items throughout the project. It is assumed that these check-in meetings will
be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants
to collaboratively review documents. It is expected that these meetings will occur monthly, with more frequent calls
necessary during project ramp-up and critical review and comment cycles. Michael Baker assumes coordination
meetings would be conducted on a time and materials basis.
Public Hearings
Michael Baker’s project manager and team will be available for project hearing support on an as-needed time and
materials basis. For the purpose of this scope, it is assumed that the project manager or a team member will attend up
to two (2) public hearing for the CEQA document. The project manager will attend these meetings to provide overview
and responses to environmental/technical questions regarding the environmental documentation materials.
Deliverables:
• Draft Presentation in Microsoft PowerPoint Format, Final Presentation in Microsoft PowerPoint Format,
Meeting Materials (Sign-in Sheet and Comment Cards), Meeting Minutes in PDF Format
Option 2: Initial Study & Environmental Impact Report
Task 4. Initial Study & Environmental Impact Report
Task 4.1 Administrative Draft Initial Study
Using the City’s latest CEQA Initial Study Checklist format, Michael Baker will prepare an Administrative Draft Initial
Study for review by the City. The purpose of the Initial Study would be to rule out the environmental topic areas from
consideration in the EIR and focusing the EIR on potential impacts. The Initial Study will provide written responses to
each question on the Environmental Checklist that describe and qualitatively and/or quantitatively evaluate the project’s
impact related to each topic. Each response will include a conclusion regarding the significance of the project’s impact,
which may be determined to be potentially significant, potentially significant unless mitigated, less than significant, or
nonexistent (i.e., no impact).
Beyond the technical aspects of preparing the CEQA document, Michael Baker’s approach is to prepare a reader-
friendly document that clearly explains why the impact is considered not significant or why the recommended mitigation
measures reduce the impact to a less than significant level. To accomplish this, Michael Baker will use a combination
of narrative, figures, photographs, maps, tables, and other visual aids. We believe that our reader-friendly approach
will greatly aid the City in meeting two of the core purposes of CEQA: informing the public about the environmental
impacts of the project and allowing decision-makers to consider the project’s environmental consequences before
deciding whether to approve the project.
C.6.b
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Deliverables:
• Administrative Draft Initial Study in Microsoft Word and PDF Format
Task 4.2 Administrative Draft EIR
Michael Baker will prepare an Administrative Draft EIR for review by City staff. The EIR will include all the components
required by CEQA, including a summary, a project description, a description of the environmental setting, a discussion of
both project-specific and cumulative environmental impacts (by topic), mitigation measures, and an alternatives analysis
in which up to three alternatives (including the No Project Alternative) will be considered. The EIR will be prepared in
accordance with CEQA, the most recent Guidelines for the Implementation of CEQA, applicable CEQA case law, and City
guidelines.
Similar to our preparation of the Initial Study, our approach is to prepare a reader-friendly EIR that clearly explains why
impacts are deemed less than significant, less than significant with mitigation, or significant and unavoidable. To
accomplish this, we will use a combination of narrative, figures, photographs, maps, tables, and other visual aids. The
major chapters and areas of concern to be addressed in the EIR are outlined below:
Executive Summary: The executive summary will include a summary description of the proposed project and project
alternatives as well as a table showing the complete text of mitigation measures identified in the EIR. Areas of controversy
and issues to be resolved will also be discussed as part of this section.
Introduction: The introduction will identify the type and purpose of the EIR, the scope of the EIR, effects found not to be
significant, and the definition of baseline and significance criteria. Project background and history will be discussed, and
terms used throughout the analysis will be defined. An overview of the project and the CEQA process will also be included.
Project Description: This project description will be consistent with the requirements of State CEQA Guidelines Section
15124. The chapter will consist of a detailed description of the proposed project, including construction and operational
activities.
The project description will clearly describe the location of the project, study area characteristics (e.g., surrounding land
uses), project objectives, and project characteristics. Intended uses of the EIR will be included, as well as a list of required
permits and approvals. Other agencies using the EIR and consultation requirements will be identified. Figures including
the project’s regional location and a site plan depicting proposed uses will be prepared.
Environmental Setting, Impacts, and Mitigation Measures: This is the focal chapter of the EIR and will include separate
sections for each environmental topic area, as well as a discussion of assumptions developed in consultation with the City.
This chapter will also include a list of projects or growth projections developed in consultation with the City that will be
the foundation of the cumulative impact analysis in each section.
Each section in this chapter will be formatted so that the impact statements and corresponding mitigation measures will
stand out from the text for clarity and ease of reference. Findings will be made as to the level of significance of each
impact after mitigation. Each environmental section will consist of the following components:
• Description of the baseline environmental setting
• Description of regulatory setting, including applicable local, state, and federal laws, regulations, and policies
• Identification of the applicable standards of significance
• Description of the methodology used for conducting the analysis
• Identification and discussion of direct, indirect, and cumulative impacts associated with project implementation
• Mitigation measures, including timing and enforcement responsibility
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Michael Baker anticipates using the most recent CEQA Appendix G Checklist, which requires an analysis of the following
topic areas:
• Aesthetics
• Agricultural Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Effects Determined Not to Be Significant: To satisfy CEQA requirements (CEQA Guidelines Section 15128), the EIR will
briefly discuss these topics in a section titled Effects Determined Not to Be Significant, largely based on the content in the
Initial Study.
Alternatives: Michael Baker will prepare a separate chapter in which we will discuss alternatives and identify alternatives
considered and eliminated from further consideration, as well as alternatives selected for more detailed analysis. Pursuant
to CEQA Guidelines Section 15126.6, we will prepare an analysis of a “reasonable range” of alternatives. Michael Baker
will coordinate with City staff and the project applicant, as appropriate, in the development of feasible alternatives to the
proposed project, in addition to the CEQA-required No Project Alternative.
The analysis will focus on alternatives that avoid or minimize environmental effects as compared to the proposed project
while achieving the project’s primary objectives. Therefore, the objectives contained in the project description must be
crafted with care in consultation with the City and the applicant.
Other CEQA Requirements: The EIR will include the other required chapters, including growth-inducing impacts of the
project, and a summary of the project’s significant and unavoidable impacts.
Report Preparers and References: This chapter will identify the authors of the report, including City staff, technical report
authors, and the Michael Baker team. It will also include references to all persons, agencies, and resource documents and
correspondence used in preparation of the EIR.
Appendices: The appendices will include a copy of the NOP and comments on the NOP. All technical reports will also be
included as appendices to the EIR.
Michael Baker will submit the Administrative Draft EIR to the City for review and comment. Michael Baker assumes that
the City will provide one compiled set of comments on the Administrative Draft EIR in Microsoft Word Track Changes.
Deliverables:
• Administrative Draft EIR in Microsoft Word Format
• Three (3) Printed Copies of the Administrative Draft EIR
Task 4.3 Screencheck EIR
Once Michael Baker has received a complete, single set of consolidated comments from the City on the Administrative
Draft EIR, Michael Baker will note substantive comments for discussion. The project manager will then meet with City
staff to discuss any substantive comments on the administrative draft. Michael Baker will then revise the document in
track changes for review by the City. After the City has approved the changes, Michael Baker will complete final
C.6.b
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formatting of the EIR and submit a screencheck draft of the EIR for approval to release for public review. Once
approved, Michael Baker will submit up to eleven printed copies of the Draft EIR to the City, with technical appendices
to be provided electronically on CD or USB drive. In addition, Michael Baker will provide the Draft EIR to the City
electronically, in both printable and web-friendly formats.
Deliverable:
• Screencheck Draft EIR in Microsoft Word Format
Task 4.4 Public Review Draft EIR
After the City has approved the Screencheck-draft changes, Michael Baker will complete final formatting of the EIR and
submit the Public Review Draft EIR to the City and initiate the 45-day public review period.
Deliverable:
• Public Review Draft EIR in Word and PDF Format
Task 4.5 Final EIR
Following completion of the public review period of the Public Draft EIR, Michael Baker will prepare a Final EIR, which
will include a summary of the revisions to the EIR as errata [as required by CEQA], Responses to Comments, and the
Mitigation Monitoring and Reporting Program (MMRP).
Task 4.5.1: Responses to Comments
Following completion of the public review period on the draft EIR, Michael Baker will prepare responses to all
environmental-based comments received on the draft EIR. An administrative draft version of the response to comments
will be submitted to the City for review. As with the Administrative Draft EIR, Michael Baker’s project manager may
attend a meeting with City staff to discuss substantive comments on the administrative version of the response to
comments. Since it is infeasible to estimate the number of comments on the Draft EIR, Michael Baker has preliminarily
estimated 120 hours of staff time for the response to comments.
Deliverables:
• Draft Response to Comments in Word Format
Task 4.5.2: Errata
Any changes to the text of the EIR will be summarized in an errata section of the Final EIR. Michael Baker will identify the
revisions to the Draft EIR in a strikeout/underline format.
Deliverables:
• Draft Errata in Word Format.
Task 4.5.3: Mitigation Monitoring and Reporting Program
Michael Baker will prepare an MMRP for the project pursuant to Section 15097 of the CEQA Guidelines. Michael Baker
will submit an administrative version of the MMRP to the City for review and comment. We will make all appropriate
revisions and submit a draft iteration of the MMRP to the City for final approval. Upon City approval, Michael Baker will
incorporate the MMRP into the final EIR.
Deliverables:
• Draft & Final Mitigation Monitoring and Reporting Program in Microsoft Word Format
C.6.b
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Task 4.5.4: Final EIR
An administrative draft of the Final EIR will be submitted to the City for review. Michael Baker will make all appropriate
revisions and submit a screencheck iteration of the response to comments to the City for final approval. Upon City
approval, Michael Baker will distribute the responses to comments to all commenting agencies and will incorporate the
responses into the Final EIR. Michael Baker will provide an electronic submittal of the administrative draft Final EIR,
including response to comments and errata changes to the Draft EIR.
Deliverables:
• Compiled Final EIR Document in PDF Format
• Three (3) Printed Copies of the Final EIR with Appendices on CD/USB Drive
Task 4.6 CEQA Notices
Notice of Preparation
To initiate the EIR preparation process, Michael Baker will prepare a Notice of Preparation (NOP) that identifies the
potentially significant effects of the project that will require further analysis in the EIR. The list of potentially significant
impacts, as well as impacts where there is anticipated to be little to no impact, will be determined by the findings in the
Initial Study. An electronic version of the draft NOP will be submitted to the City for review and comment. Michael Baker
will incorporate comments and revisions into the NOP prior to distribution. The distribution process will include the
following steps:
• Michael Baker will distribute the NOP to agencies via FedEx and residents that have requested notices via
first-class mail. Up to 50 notices will be distributed.
• Michael Baker will provide a version of the NOP suitable for newspaper publishing and will be responsible for
publishing the notice with the newspaper.
• Michael Baker will submit the NOP and Initial Study to the State Clearinghouse with a Notice of Completion
form.
Notice of Completion / Notice of Availability
This task includes uploading the project’s Notice of Completion (NOC) and Draft EIR to the State Clearinghouse
CEQANet website. In addition, Michael Baker will distribute the Notice of Availably (NOA) to the City-approved
distribution list. Michael Baker assumes a maximum of 50 copies of the NOA will be distributed, and that the City will
complete any required radius mailing for the NOA and will file the NOA with the with the County Clerk.
Notice of Determination
Michael Baker will prepare a Notice of Determination in accordance with CEQA Guidelines Section 15094 for the City
to file with the County Clerk. We recommend that the City file the Notice of Determination with the County Clerk within
five (5) days of adopting the EIR to establish a 30-day statute of limitations. Michael Baker will upload the NOD onto
the State Clearinghouse CEQANet website. This scope of work assumes City would provide the applicable California
Department of Fish and Wildlife fee upon filing the NOD with the County Clerk.
Deliverables:
• Notice of Preparation in PDF Format and up to 50 hard copies
• Notice of Completion and Notice of Availability in PDF Format and up to 50 hard copies
• Notice of Determination in PDF Format
C.6.b
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Task 4.7 CEQA Management, Meetings, and Hearings
Task 4.7.1 Environmental Management
Michael Baker’s project manager, Elizabeth Meyerhoff, will work closely with City staff throughout the development of
the CEQA document. This approach optimizes communication between the involved parties. Management activities
include coordinating with the project team, ensuring the proposed timeline is met, monitoring the project budget and
progress, administrative tasks, and providing quality control review of all completed work products. Michael Baker has
allocated 50 hours of project management time for this effort.
Task 4.7.2 Coordination Meetings
Michael Baker’s project manager will develop a regular meeting schedule with City staff and the applicant team to
coordinate on project status and action items throughout the project. It is assumed that these check-in meetings will
be conducted via conference call or Microsoft Teams, which allows us to share our computer screen with participants
to collaboratively review documents. It is expected that these meetings will occur monthly, with more frequent calls
necessary during project ramp-up and critical review and comment cycles. Michael Baker assumes coordination
meetings would be conducted on a time and materials basis with an initial budget of 20 hours.
Task 4.7.3 Public Scoping Meeting
If requested by the City, Michael Baker will assist the City in conducting a scoping meeting during the 30-day NOP
public review period. Michael Baker will facilitate the public meeting, including intake of public comments on the project.
We will provide a draft and final presentation, as well as comment sheets, sign-in sheets, and speaker cards. Michael
Baker will summarize the comments received during the meeting for agency consideration and documentation in the
EIR.
Task 4.7.4 Public Hearings
Michael Baker’s project manager and team will be available for project hearing support on an as-needed time and
materials basis. For the purpose of this scope, it is assumed that the project manager or a team member will attend up
to two (2) public hearing for the CEQA document, with an initial budget of 20 hours. The project manager will attend
these meetings to provide overview and responses to environmental/technical questions regarding the environmental
documentation materials.
Deliverables:
• Draft Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting
• Final Presentation in Microsoft PowerPoint Format for the Public Scoping Meeting
• Public Scoping Meeting Materials (Sign-in Sheet and Comment Cards),
• Public Scoping Meeting Minutes in PDF Format
Task 5. CEQA Adequacy Review of Applicant’s Technical Studies
As requested by the City, Michael Baker will review the Applicant-prepared technical studies listed below. The technical
studies will be reviewed for soundness and sufficiency, with special consideration of the following:
✓ Conclusions and recommendations should generally be well supported by facts, observation, analysis or
explanation, and reports should be internally consistent.
✓ Facts including observations regarding site conditions will generally be accepted as accurate.
✓ The analysis should address both the extent of the project (footprint) as well as the planned activities
associated with the project (construction and operation).
C.6.b
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✓ To ensure CEQA processes and requirements are being met, including but not limited to, Senate Bill 18
(SB18) and Assembly Bill 52 (AB52) requirements for cultural and tribal cultural resources.
The results of the CEQA Adequacy Review will be provided in a memorandum letter to City Staff and submitted in
electronic format. A brief second review will be conducted (if required) to confirm comments have been addressed.
This is assumed to be a minor, second check. Additional, detailed review and coordination regarding technical reports
is outside this scope of work. This scope of work excludes computer modeling to verify results.
The following technical reports will be reviewed:
1. CalEEMod Emission Summary
2. Health Risk Assessment
3. Noise and Vibration Report
4. Cultural Report
5. Cultural Report Confidential Appendices
6. Historical Resources Assessment
7. Paleontological Assessment
8. General Biological Assessment
9. Phase I Environmental Site Assessment, and
10. Geotechnical Investigation
Deliverable:
• CEQA Adequacy Review Memorandum providing written comment & recommendations on the report content
and validity of the studies including the need for additional data or technical studies (as necessary)
C.6.b
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D. FEE SCHEDULE
All work under this contract will be performed on a time and materials basis per the rate schedule on-file with the City,
as part of our On-Call contract, with an annual rate increase of 3%. This fee schedule is the best estimate of hours
required for processing the entitlements based upon the information that it known. The City will only be charged for
work performed. Effort required beyond the identified fee schedule will be discussed with the Planning Department and
will be initiated only with prior approval by the City. Direct costs for reproduction and postage will be billed at cost plus
15% and mileage will follow standard IRS rates.
C.6.b
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Staff Position and Billing Rate
Option 1 – Initial Study /Mitigated Negative
Declaration
TASK DESCRIPTION
Project Director Technical Manager
Senior Project Manager
Project Planner
Env. Analyst III
Env. Analyst II
Env. Analyst I
Technical Editing Total Hours
Sub Cost Total Cost
$225 $283 $191 $130 $163 $153 $120 $90
Task 1: Project Initiation, Work Program Refinement
Task 1.1: Project Kickoff Meeting 8 8 4 20 $2,928
Task 1.2: Data Collection, Research, Evaluation 8 8 8 24 $3,568
Task 2: Staff Augmentation
Task 2.1: Planning Entitlement Review 4 8 40 8 60 $8,932
Task 2.2: Staff Reports and Hearings 2 40 8 16 66 $8,326
Task 2.3: AB 52 Support 2 8 2 12 $1,602
Task 2.4: Planning Review, Project Management, Meetings 2 8 80 12 102 $14,334
Task 3: Preparation of Technical Studies
Task 3.1: Traffic Study 20 2 2 80 80 22 2 208 $34,402
Task 3.2: WQMP/Hydrology Analysis 16 2 2 90 90 90 8 298 $45,130
Task 4: Initial Study / Mitigated Negative Declaration
Task 4.1: Administrative Draft Initial Study 4 8 20 40 40 8 120 $18,388
Task 4.2: Screencheck Draft Initial Study 2 4 10 16 20 4 56 $8,542
Task 4.3: Public Review Draft Initial Study 2 4 2 20 4 32 $4,894
Task 4.4: Final Initial Study/Mitigated Negative Declaration 2 4 20 4 30 $4,634
Task 4.4: CEQA Notices 2 8 4 14 $1,966
Task 4.5: CEQA Management, Meetings, and Hearings 30 30 $5,730
Task 5: CEQA Adequacy Review of Tech Studies
Task 5.1: CalEEMod Emission Summary 4 32 36 $7,244
Task 5.2: Health Risk Assessment 4 2 18 24 $4,448
Task 5.3: Noise and Vibration Report 2 2 20 24 $4,208
Task 5.4: Cultural Report 2 2 $4200 $4,582
Task 5.5: Cultural Report Confidential Appendices 0 $0
Task 5.6: Historical Resources Assessment 1 1 $191
Task 5.7: Paleontological Assessment 1 1 $191
Task 5.8: General Biological Assessment 10 2 12 $2,632
Task 5.9: Phase I Environmental Site Assessment 12 2 14 $3,082
Task 5.10: Geotechnical Investigation 2 2 $5200 $5,582
Other Direct Costs $14,500
Subconsultants $9,400
Total Hours 38 46 130 220 262 286 112 56 1072
Percent of Total Labor (Hours) 4% 4% 12% 21% 24% 27% 10% 5%
TOTAL COST $210,036
C.6.b
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Staff Position and Billing Rate
Option 2 – Environmental Impact Report
TASK DESCRIPTION
Project
Director
Technical Manager
Senior Project Manager
Project Planner
Env. Analyst III
Env. Analyst II
Env. Analyst I
Technical Editing Total Hours
Sub Cost Total Cost
$225 $283 $191 $130 $163 $153 $120 $90
Task 1: Project Initiation, Work Program Refinement Task 1.1: Project Kickoff Meeting 8 8 4 20 $2,928
Task 1.2: Data Collection, Research, Evaluation 8 8 8 24 $3,568 Task 2: Staff Augmentation
Task 2.1: Planning Entitlement Review 4 8 40 52 $7,628 Task 2.2: Staff Reports and Hearings 2 40 8 16 66 $8,326 Task 2.3: AB 52 Support 2 8 2 12 $1,602 Task 2.4: Planning Review Project Management, Meetings 2 8 80 12 102 $14,334 Task 3: Preparation of Technical Studies Task 3.1: Traffic Study 0 20 2 2 80 80 22 2 208 $34,402 Task 3.2: WQMP/Hydrology Analysis 0 16 2 2 90 90 90 8 298 $45,130 Task 4: Initial Study & Environmental Impact Report
Task 4.1: Administrative Draft Initial Study 4 4 8 20 40 40 8 124 $19,520
Task:4.2: Administrative Draft EIR 4 8 90 90 100 90 50 50 482 $72,624 Task 4.3: Screencheck Draft EIR 2 8 8 10 20 20 20 88 $14,262 Task 4.4: Public Draft EIR 2 4 8 10 10 10 10 54 $8,770 Task 4.5: Final EIR $0 Task 4.5.1: Response to Comments 10 32 4 24 20 20 10 120 $19,154 Task 4.5.2: Errata 8 12 12 4 36 $5,284 Task 4.5.3: Mitigation Monitoring and Reporting Program 2 4 10 4 20 $2,778
Task 4.5.4: Final EIR 10 10 10 12 42 $6,740 Task 4.6: CEQA Notices, Including Notice of Preparation 2 10 24 8 44 $6,076
Task 4.7: CEQA Management, Meetings, and Hearings $0 Task 4.7.1: CEQA Management 4 8 50 62 $12,714
Task 4.7.2: Coordination Meetings 20 20 $3,820 Task 4.7.3: Public Scoping Meeting 8 8 16 32 $5,712 Task 4.7.4: Public Hearings 10 10 20 $4,740 Task 5: CEQA Adequacy Review of Tech Studies
Task 5.1: CalEEMod Emission Summary 4 32 36 $7,244
Task 5.2: Health Risk Assessment 4 2 18 24 $4,448
Task 5.3: Noise and Vibration Report 2 2 20 24 $4,208
Task 5.4: Cultural Report 2 2 $4200 $4,582
Task 5.5: Cultural Report Confidential Appendices 0 $0
Task 5.6: Historical Resources Assessment 1 1 $191
Task 5.7: Paleontological Assessment 1 1 $191
Task 5.8: General Biological Assessment 10 2 12 $2,632 Task 5.9: Phase I Environmental Site Assessment 12 2 14 $3,082 Task 5.10: Geotechnical Investigation 2 2 $5200 $5,582 Other Direct Costs $14,500 Subconsultant $9,400 Total Hours 32 110 330 322 418 358 268 128 1792 Percent of Total Labor (Hours) 2% 6% 18% 18% 23% 20% 15% 7% TOTAL COST $346,772
C.6.b
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E. SCHEDULE
Michael Baker is committed to completing the project in a time frame that meets the City’s needs. Michael Baker has included a preliminary IS/MND and a preliminary
EIR schedule below. Depending on the City’s needs, Michael Baker may be able to expedite the schedule if desired by the City.
PROJECT INITIATION AND TECHNICAL STUDIES
Project Kick-Off Meeting Week 1
MBI provides City data needs/Construction Questionnaire Week 1
Research and Investigation Initiated Week 1
City provides MBI data needs Week 2
Michael Baker/BCR/Petra Conducts Review of Applicant-Prepared Technical Studies Weeks 2 – 6
Applicant Team Revises Technical Studies Weeks 7 – 8
Michael Baker Prepares Technical Studies Weeks 2 – 10
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Administrative Draft IS/MND Preparation Weeks 10 - 12
City Review of Administrative Draft IS/MND Weeks 13 - 15
Public Review Draft IS/MND Preparation Weeks 16 - 17
City Review of Public Review Draft IS/MND Weeks 18 - 19
Complete and Publish Public Review Draft IS/MND Week 20
Circulate Public Review Draft IS/MND Weeks 21 - 25
Response to Comments Weeks 26 - 27
Mitigation Monitoring and Reporting Program Weeks 26 - 27
City Review of Response to Comments and MMRP Weeks 28 - 29
Completion of the Final IS/MND Week 30
Public Hearings TBD
C.6.b
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Preliminary Environmental Impact Report Timeline
C.6.b
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Michael Baker provides three (3) professional references for current clients who can speak to Michael Baker’s
performance for similar planning and environmental consulting services.
AGENCY CONTACT
County of Riverside
Darren Edgington, Environmental Project Manager
Phone: (951) 955-6097
dedgingt@ricvo.org
City of Eastvale
Gina Gibson-Williams, Community Development Director
Phone: (951) 361-0900
ggibson-williams@eastvaleca.gov
City of Redlands
Brian Desatnik, Director, Development Services
Phone: (909) 798-7555
bdesatnik@cityofredlands.org
C.6.b
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Contract for Budget Platform Services with IGM Technology
Corp
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Authorize the City Manager to execute an agreement, in
substantially the same form as attached, between the City of
Grand Terrace and IGM Technology Corp for Budget
Platform Services
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability.
BACKGROUND:
The City’s budget is currently done using an excel workbook with multiple tabs that only
one staff member can access at a time. This is extremely inefficient and time
consuming. This also creates a risk that the data can be erased or changed
inadvertently.
DISCUSSION:
The Finance Department reached out to three (3) companies that provide cloud-based
budgeting platforms. The platforms can be accessed by multiple staff members and
departments concurringly streamlining the budgeting process. The three (3) price
quotes received are as follows:
Budget Platform Company Price
IGM Technology Corp $24,000
ClearGov $21,000
Workiva $36,050
The Finance Director and Finance Manager demoed the budget platforms for all three
companies and recommend IGM Technology.
Staff and IGM Technology personnel are prepared to start the budget book platform
implementation process immediately.
C.7
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FISCAL IMPACT:
The $25,000 will come from the General Fund account #10-140-250-000-000.
ENVIRONMENTAL IMPACT:
None
ATTACHMENTS:
• IGM Technology SaaS Agreement - City of Grand Terrace, CA (PDF)
• ClearGov - Grand Terrace Pricing (PNG)
• Workiva Proposal (Grand Terrace) (PDF)
APPROVALS:
Christine Clayton Completed 02/17/2023 3:11 PM
Finance Completed 02/17/2023 3:12 PM
City Manager Completed 02/23/2023 1:37 PM
City Council Pending 02/28/2023 6:00 PM
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Customer: City of Grand Terrace, CA Contact: Christine Clayton
Address: 22795 Barton Road Title: Finance Director
Grand Terrace, CA 92313 Phone: 909-954-5188
E-Mail: CClayton@grandterrace-ca.gov
Services: Access to Gravity (the “Service(s)”).
Service Fees – Year 1: The Customer has the right to identify up to 10 Named Users to have Access to Gravity. The Service Capacity
includes:
• Gravity Base Platform (includes 2 Named Users) $10,000
• Gravity Budget Book (includes 4 Named Users) $6,000
• Gravity Budget Planning (includes 4 Named Users) $6,000
-----------
Sub-Total $22,000
Multi Module Discount ($4,000)
-----------
Total Service Fees – 12 months $18,000 USD
Service Fees for the first year are payable net 30 days after the agreement effective date.
Services Fees – Year 2: If the Customer chooses to renew its subscription to Gravity for a second year with the same Service
Capacity, then the Service Fees in Year 2 will be $18,900.
Service Fees for Year 2 would be payable in advance upon renewal.
Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.
Optional Contract Extension Years 3-5
Services Fees – Year 3: If the Customer chooses to renew its subscription to Gravity for a third year with the same Service Capacity,
then the Service Fees in Year 3 will be $19,845
Service Fees for Year 3 would be payable in advance upon renewal.
Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.
Services Fees – Year 4: If the Customer chooses to renew its subscription to Gravity for a fourth year with the same Service Capacity,
then the Service Fees in Year 4 will be $20,837.
Service Fees for Year 4 would be payable in advance upon renewal.
Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.
Services Fees – Year 5: If the Customer chooses to renew its subscription to Gravity for a fifth year with the same Service Capacity,
then the Service Fees in Year 5 will be $21,879.
Service Fees for Year 5 would be payable in advance upon renewal.
Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement.
Implementation Services: Company will use commercially reasonable efforts to provide Customer the services described in the
Statement of Work (“SOW”) attached as Exhibit A hereto (“Implementation Services”), and Customer shall pay Company the
Implementation Fee in accordance with the terms herein.
Implementation Fee (one-time fee):
• Gravity Budget Book Implementation Services $6,000
• Gravity Budget Planning Implementation Services $6,000
-----------
Sub-Total $12,000
Multi Module Discount ($6,000)
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Total Implementation Fee (one-time fee): $6,000 USD
Implementation Fees are payable net 30 days after the agreement effective date.
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LIBC/3968202.1 2
SAAS SERVICES AGREEMENT – Order Form
This SaaS Services Agreement (“Agreement”) is entered into on this _______ day of ________________, 2022 (the
“Effective Date”) between IGM Technology Corp. with a place of business at 77 McMurrich St Unit 318, Toronto,
Ontario (“Company”), and the Customer listed above (“Customer”). This Agreement includes and incorporates the
above Order Form, as well as the attached Terms and Conditions and contains, among other things, warranty
disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any
related purchase order or similar form even if signed by the parties after the date hereof.
IGM Technology Corp.: The City of Grand Terrace:
By: By:
Name: Name:
Title: Title:
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TERMS AND CONDITIONS
1. SAAS SERVICES AND SUPPORT
1.1 Subject to the terms of this Agreement, Company will use
commercially reasonable efforts to provide Customer the Services
in accordance with the Service Level Terms attached hereto as
Exhibit B.
1.2 Subject to the terms hereof, Company will provide
Customer with reasonable technical support services in accordance
with the Support Terms attached hereto as Exhibit C.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse engineer,
decompile, disassemble or otherwise attempt to discover the source
code, object code or underlying structure, ideas, know-how or
algorithms relevant to the Services or any software, documentation
or data related to the Services (“Software”); modify, translate, or
create derivative works based on the Services or any Software
(except to the extent expressly permitted by Company or
authorized within the Services); use the Services or any Software
for timesharing or service bureau purposes or otherwise for the
benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
Company’s standard terms of service then in effect and all
applicable laws and regulations. Customer hereby agrees to
indemnify and hold harmless Company against any damages,
losses, liabilities, settlements and expenses (including without
limitation costs and attorneys’ fees) in connection with any claim
or action that arises from an alleged violation of the foregoing or
otherwise from Customer’s use of Services.
2.3 Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Services, including, without
limitation, modems, hardware, servers, software, operating
systems, networking, web servers and the like (collectively,
“Equipment”). Customer shall also be responsible for maintaining
the security of the Equipment and the administrative and user
passwords.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the “Receiving Party”) understands that the
other party (the “Disclosing Party”) has disclosed or may disclose
business, technical or financial information relating to the
Disclosing Party’s business (hereinafter referred to as “Proprietary
Information” of the Disclosing Party). Proprietary Information of
Company includes non-public information regarding features,
functionality and performance of the Service. Proprietary
Information of Customer includes non-public data provided by
Customer to Company to enable the provision of the Services
(“Customer Data”). The Receiving Party agrees: (i) to take
reasonable precautions to protect such Proprietary Information,
and (ii) not to use (except in performance of the Services or as
otherwise permitted herein) or divulge to any third person any such
Proprietary Information. The Disclosing Party agrees that the
foregoing shall not apply with respect to any information after five
(5) years following the disclosure thereof or any information that
the Receiving Party can document (a) is or becomes generally
available to the public, or (b) was in its possession or known by it
prior to receipt from the Disclosing Party, or (c) was rightfully
disclosed to it without restriction by a third party, or (d) was
independently developed without use of any Proprietary
Information of the Disclosing Party or (e) is required to be
disclosed by law.
3.2 Customer shall own all right, title and interest in and to
the Customer Data. Company shall own and retain all right, title
and interest in and to (a) the Services and Software, all
improvements, enhancements or modifications thereto, (b) any
software, applications, inventions or other technology developed
in connection with Implementation Services or support, and (c) all
intellectual property rights related to any of the foregoing.
3.3 No rights or licenses are granted except as expressly set
forth herein.
4. PAYMENT OF FEES
4.1 Customer will pay Company the then applicable fees
described in the Order Form for the Services and Implementation
Services in accordance with the terms therein (the “Fees”). If
Customer’s use of the Services exceeds the Service Capacity set
forth on the Order Form or otherwise requires the payment of
additional fees (per the terms of this Agreement), Customer shall
be billed for such usage and Customer agrees to pay the additional
fees in the manner provided herein. Company reserves the right to
increase the Service Fees to reflect inflation and ongoing
enhancements applied to the software platform, to change the Fees
or applicable charges and to institute new charges and Fees at the
end of the Initial Service Term or then-current renewal term. If
Customer believes that Company has billed Customer incorrectly,
Customer must contact Company no later than 60 days after the
closing date on the first billing statement in which the error or
problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Company’s customer support
department.
4.2 Company will bill through an invoice. Full payment for
invoices issued in any given month must be received by Company
thirty (30) days after the mailing date of the invoice. Unpaid
amounts are subject to a finance charge of 1.5% per month on any
outstanding balance, or the maximum permitted by law, whichever
is lower, plus all expenses of collection and may result in
immediate termination of Service. Customer shall be responsible
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for all taxes associated with Services other than taxes based on
Company’s net income.
5. TERM AND TERMINATION
5.1 Subject to earlier termination as provided below, this
Agreement is for the Initial Service Term as specified in the Order
Form, and shall be automatically renewed for additional periods of
the same duration as the Initial Service Term (collectively, the
“Term”), unless either party requests termination at least thirty (30)
days prior to the end of the then-current term.
5.2 In addition to any other remedies it may have, either party
may also terminate this Agreement upon thirty (30) days’ notice
(or without notice in the case of nonpayment), if the other party
materially breaches any of the terms or conditions of this
Agreement. Customer will pay in full for the Services up to and
including the last day on which the Services are provided. Upon
any termination, Company will make all Customer Data available
to Customer for electronic retrieval for a period of thirty (30) days,
but thereafter Company may, but is not obligated to, delete stored
Customer Data. All sections of this Agreement which by their
nature should survive termination will survive termination,
including, without limitation, accrued rights to payment,
confidentiality obligations, warranty disclaimers, and limitations
of liability.
6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner
which minimizes errors and interruptions in the Services and shall
perform the Implementation Services in a professional and
workmanlike manner. Services may be temporarily unavailable
for scheduled maintenance or for unscheduled emergency
maintenance, either by Company or by third-party providers, or
because of other causes beyond Company’s reasonable control, but
Company shall use reasonable efforts to provide advance notice in
writing or by e-mail of any scheduled service disruption.
HOWEVER, COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED “AS IS” AND COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE
CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,
COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT
LIMITED TO ALL EQUIPMENT AND TECHNOLOGY
SUPPLIERS), OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS AND EMPLOYEES
SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF
USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF
DATA OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
(C) FOR ANY MATTER BEYOND COMPANY’S
REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID BY
CUSTOMER TO COMPANY FOR THE SERVICES UNDER
THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE
ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE,
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
8. MISCELLANEOUS
If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect and enforceable. This
Agreement is not assignable, transferable or sub-licensable by
Customer except with Company’s prior written consent. Company
may transfer and assign any of its rights and obligations under this
Agreement without consent. This Agreement is the complete and
exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications and other understandings relating to the subject
matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise
provided herein. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and Customer
does not have any authority of any kind to bind Company in any
respect whatsoever. In any action or proceeding to enforce rights
under this Agreement, the prevailing party will be entitled to
recover costs and attorneys’ fees. All notices under this Agreement
will be in writing and will be deemed to have been duly given when
received, if personally delivered; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; the day after it is
sent, if sent for next day delivery by recognized overnight delivery
service; and upon receipt, if sent by certified or registered mail,
return receipt requested. This Agreement shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. Customer agrees to reasonably cooperate with
Company to serve as a reference account upon request.
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EXHIBIT A
Statement of Work
The Company will provide the following services:
• Gravity - Implementation Services for Gravity Budget Book automation
o Comprehensive on-line training
o IGM Consulting Services in setting up and using Gravity to produce the next Budget Book
• Gravity – Implementation Services for Gravity Budgeting Planning
o Comprehensive on-line training
o IGM Consulting Services in setting up three data collection templates
▪ Operations and Revenues
▪ Human Resources
▪ Capital Improvement Projects
These Implementation Services will be provided to the Customer within six months of the Effective Date. Implementation Services
required by the Customer after this time period could be provided by IGM at IGM’s standard consulting services rate.
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EXHIBIT B
Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If
Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such
maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s
control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in
connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit
Customer 5% of Service fees; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon
as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is
restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime,
and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company
will apply any credits accumulated in the prior annual period, towards the Service Fees in the next annual period.
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EXHIBIT C
Support Terms
IGM will provide Technical Support to customer via both telephone and electronic mail Monday – Friday between 6am – 8pm Eastern
Time (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by calling IGM’s customer support line or any time by emailing
support@igm.technology
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
Emergency customer support is available outside of Support hours and can be initiated by calling IGM’s customer support line or
emailing support@igm.technology
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Solution
Recommendation
and Price Proposal
Prepared for:
City of Grand Terrace
January 9, 2023
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Executive Summary
Workiva exist to simplify complex work. Our platform delivers greater data assurance, control, and
efficiencies to generate secure reporting deliverables.
City of Grand Terrace has the following key challenges today:
◦Manually consolidating data
◦Lack of tools to enable real-time collaboration
◦Too much time spent manually preparing reports
◦Time-consuming review process to create final document
Workiva for Budget Reporting is proven to address these challenges and will deliver the
required capabilities to meet desired future outcomes:
◦Connected and linked data across your teams and multiple reports
◦Minimize formatting issues with annual changes and updates to reports and requirements
◦Ability to improve review process and reduce time on manual manipulations
◦Real-time collaboration to allow teams to work concurrently on a single document eliminating
version control issues and streamline review process
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Structured
System
ERP
Workiva Connected Budget Reporting for Government $25,000 - 27,500
What's Included?
•All Financial Reports within the City of Grand Terrace
•Unlimited user licenses
•Ability to add/remove autonomously
•Dedicated Customer Success Manager
•Ongoing user adoption and support
•24/7/365 phone support
•In platform chat support
Procurement Options
•NASPO Cloud
•GSA
•Omnia Partners
•Sourcewell (SHI)
•TIPS Cooperative
•CMAS
Wdata
Document
PresentationUnstructured
Data
(Excel, CSV)
Queries
Links
Spreadsheets
Workiva Pricing
Chains /
API
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Subscription Pricing & Year 1 Investment - Option 1
Pricing Valid Until: 3/31/2023
Subscription & Implementation Fee List Price per year
Connected Budget Report $26,250
Budget Book Onboarding $9,800
Total Year 1 Investment:$36,050
Implementation would be performed by LSL
California Procurement Options
◦CMAS
◦GSA Cooperative Purchase
◦TIPS Cooperative
◦NASPO Cloud Solutions
◦Sourcewell
◦Omnia Partners
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"Workiva is an excellent product that will solve problems that you don't even realize that you have."
Jenny Larson, Director of Finance
Case Study - City of Dubuque, IA
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: Presentation Regarding General Law Versus Charter Cities
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Receive and file report or provide other direction
2030 VISION STATEMENT:
This staff report supports City Council Goal #5, “Engage in Proactive Communication”,
by providing options for discussion and input from the community regarding city
governance in the City of Grand Terrace.
BACKGROUND:
The City of Grand Terrace was incorporated as a general law city. As a general law city,
the City must comply with the California Constitution and all state statutes and
regulations, even with respect to “municipal affairs.” However, the California
Constitution also gives cities the power to become charter cities by adopting a charter,
which is like a constitution. As of 2020, the latest data from the League of California
Cities on charter cities identifies 121 charter and 361 general law cities in California.
At the February 14, 2023, City Council meeting, Council Member Allen requested that
City staff provide a presentation regarding the differences between general law and
charter cities and the process to transition to a charter city. The City Council approved
the agenda item request.
This Agenda Report serves to provide general background to the City Council about the
difference between general law cities and charter cities, including the advantages and
disadvantages of becoming a charter city and an overview of the procedure to become
a charter city.
DISCUSSION:
As a general law city, the City must comply with the California Constitution and all state
statutes and regulations, even with respect to “municipal affairs.” However, the
Constitution of California gives cities the power to become charter cities by adopting a
charter, which is like a constitution.
A charter city has the authority to adopt laws regarding “municipal affairs.” A charter
city’s regulations for a municipal affair will trump a state statute governing the same
topic.
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The charter city provision in the State Constitution, Section 5 of Article XI, which is
commonly referred to as the “home rule” provision, is based on the principle that a city,
not the state, is in the best position to know what it needs and how to satisfy those
needs. In general, the home rule provision allows charter cities to conduct their own
business and control their own affairs, such that a charter city maximizes local control.
The laws of a charter city must comply with the limitations contained in the charter itself,
the state and federal Constitutions, federal laws, and state laws regarding “matters of
statewide concern.” A charter, like a constitution, is not intended to address every issue
a city may need to regulate. Accordingly, a charter city also has a municipal code and
policies.
Unfortunately, the California Constitution does not define the term municipal affair but
does include a nonexclusive list of four categories that are deemed municipal affairs.
These categories include: 1) regulation of the “city police force”; 2) “subgovernment in
all or part of the city”; 3) conduct of city elections; and 4) “the manner in which …
municipal officers [are] elected.” Beyond this list, which itself is not straightforward, it is
up to the courts to decide, on a case by case basis, what is and what is not a municipal
affair.
The concept of a “municipal affair” also remains fluid and changes over time. When
determining whether a particular matter is a municipal affair, the court analyzes whether
there are good reasons, based on statewide interests, for a state law to preempt a local
law.
Historically, elections, finance, planning and land use, public contracts and prevailing
wages, and employment and compensation issues were considered municipal affairs.
However, this has changed over time, in part, by the state legislature enacting
legislation and declaring the matter addressed in the legislation to be of statewide
concern.
Potential advantages of becoming a charter city include:
• More flexibility in procedures for elections;
• Could allow for additional revenue measures (for example, a charter city
can have a different Real Property Transfer Tax rate and broader
assessment powers);
• Would allow the City to set penalties for code violations higher than the
state law limit of $1,000;
• The ability to change some public works construction rules, such as
bidding requirements;
• Ability to adopt different regulations on the qualifications and
compensation of City officials and some employment rules;
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• More flexible standards for amending and implementing the General Plan;
and
• More lenient standards for some areas of public contracting (for example,
a charter city is allowed to use the design-build process instead of
following bidding laws; also, some prevailing wage requirements do not
apply to a charter city).
Potential disadvantages of becoming a charter city include:
• Depending on the complexity of the charter adopted, formulating a charter
and educating the public may require a significant expenditure of time,
effort, and cost;
• There is limited case law on the authority of a charter city. Uncertainties
may arise as to whether specific matters are municipal affairs governed by
the charter or statewide concerns governed by state law. This could result
in exposure to legal challenges in “gray” areas where the charter and
general law differ;
• Charter amendments require a vote of the residents. The charter
amendment process by initiative could be used by special interest groups
to attempt to undermine the city charter. A City-initiated charter
amendment can be expensive and time consuming;
• Charters can limit council and staff compensation, which could limit the
applicants interested in City positions; and
• To be able to rely on case law from other charter cities, a city’s charter
must include the same language. To minimize the risk, it is prudent to
include provisions that are similar to established and successful charter
cities.
To become a charter city, a city must adopt a charter. There are two ways to adopt a
charter:
1. The city’s voters elect a charter commission. The commission drafts and
debates the charter; or
2. The City Council drafts the charter.
In either case, a majority vote of the city’s voters must ratify the charter for the charter to
be adopted.
FISCAL IMPACT:
No impact by the receipt and filing of this report.
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ATTACHMENTS:
• Attachments_Example of Various City Charters (PDF)
APPROVALS:
Adrian Guerra Completed 02/23/2023 10:50 AM
City Manager Completed 02/23/2023 1:37 PM
City Council Pending 03/14/2023 6:00 PM
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CITY
CHARTERS
[Compiled 07/27/2021]
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TABLE OF CONTENTS
Page
City of Carlsbad ...............................................................................................................................1
City of Needles ................................................................................................................................6
City of Irwindale ............................................................................................................................43
City of Cerritos ..............................................................................................................................60
City of Cypress ..............................................................................................................................72
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CHARTER FOR THE
CITY OF CARLSBAD
CHARTER FOR THE CITY OF CARLSBAD
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01/09/08; Amended 12/14/10; Amended 12/11/12 1
CHARTER OF THE CITY OF CARLSBAD
PREAMBLE
We the people of the City of Carlsbad, declare our intent to maintain in our community the
historic principles of self-governance inherent in the doctrine of home-rule. We the people of
Carlsbad, are sincerely committed to the belief that local government has the closest affinity to
the people governed and firmly convinced that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of
Carlsbad. Based on these principles, we do hereby exercise the express right granted by the
Constitution of the State of California and do ordain and establish this Charter for the City of
Carlsbad.
CHARTER
ARTICLE 1. MUNICIPAL AFFAIRS.
Section 100. Powers of City. The City shall have full power and authority to adopt, make,
exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to the limitations and restrictions as may be provided in this Charter, in the Constitution of
the State of California, and in the laws of the United States.
Section 101. Municipal Affairs; Generally. Each of the matters set forth in this Charter are
declared to be municipal affairs, consistent with the laws of the State of California. The
implementation of each matter uniquely benefits the citizens of the City of Carlsbad and
addresses peculiarly local concerns within the City of Carlsbad. The municipal affairs set forth in
this Charter are not intended to be an exclusive list of municipal affairs over which the City Council may govern.
Section 102. Incorporation and Succession. The City of Carlsbad shall continue to be a
municipal corporation known as the City of Carlsbad. The boundaries of the City of Carlsbad
shall continue as now established until changed in the manner authorized by law. The City of Carlsbad shall remain vested with and shall continue to own, have, possess, control and enjoy all
property rights and rights of action of every nature and description owned, had, possessed,
controlled or enjoyed by it at the time this Charter takes affect. The City of Carlsbad shall be
subject to all debts, obligations and liabilities of the City of Carlsbad at the time this Charter takes
effect. All lawful ordinances, resolutions, rules and regulations, or portions thereof, enforced at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby
continued in force until the same have been duly repealed, amended, changed or superseded by
proper lawful action.
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01/09/08; Amended 12/14/10; Amended 12/11/12 2
ARTICLE 2. FORM OF GOVERNMENT.
Section 200. Form of Government. The municipal government established by this Charter shall
be known as the “Council-Manager” form of government. The City Council shall establish the
policy of the City; the City Manager shall carry out that policy.
ARTICLE 3. LOCAL LIMITS OF GROWTH CONTROL
Section 300. Local Limits of Growth Control. The citizens of Carlsbad recognize and declare
that managing and limiting growth and ensuring that necessary public facilities are provided to
the citizens of the City of Carlsbad are quintessential elements of local control and therefore are municipal affairs. The adoption of this Charter recognizes and reaffirms the principles of the
growth management program established by the citizens as Proposition E in 1986 and affirms the principle that this program, that implements a municipal affair shall be superior to and take
precedence over any conflicting general laws of the State of California. The intent of this Charter
is to allow the City Council and the voters to exercise the maximum degree of control over land
use matters within the City of Carlsbad.
ARTICLE 4. REVENUE, SAVINGS AND GENERATION.
Section 400. Economic and Community Development. Subject to the expenditure limitation
established by the citizens of Carlsbad Proposition H in 1982, the City shall have the power to
utilize revenues from the general fund to encourage, support and promote economic and community development in the City.
Section 401. Public Financing. The City Council shall have the power to establish standards,
procedures, rules and regulations relating to financing of public improvements and services.
Section 402. Utility Franchises. The City Council shall have the power to provide for the
acquisition, development or operation by the City of any public utility and/or to grant any
franchise, license or permit to any public utility which proposes to use or is using City streets, highways or other rights-of-way.
Section 403. Enterprises. The City shall have the power to engage in any enterprise
determined necessary to produce revenues for the general fund or any other fund established by
the City Council that promotes a public purpose.
Section 404. Contracts. The City Council shall have the power to establish standards,
procedures, rules or regulations relating to all aspects of the award and performance of contracts,
including contracts for the construction of public improvements, including, but not limited to,
compensation paid for performance of such work.
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01/09/08; Amended 12/14/10; Amended 12/11/12 3
ARTICLE 5. REVENUE RETENTION.
Section 500. Reductions Prohibited. All revenues due to, and raised by the City, shall remain within the City of Carlsbad for appropriation solely by the City Council. No such revenue shall
be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary
reduction by any other level of government.
Section 501. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to implement or give effect to, any function which is mandated by any
other level of government, unless and until funds sufficient for the performance of such function
are provided by such other level of government.
Section 502. Retention of Benefits
Safety employees hired on or after October 4, 2010 and miscellaneous employees hired after
November 27, 2011 (the effective date of the ordinances amending the City’s contracts with CalPERS to create a second tier of retirement benefits for safety and miscellaneous employees)
shall not have their retirement benefit formulas (commonly known as the 2% at 50 years of age or 2% at 60 year of age formulas respectively) increased without an amendment to this section. The
City Council may reduce this formula as provided in state law without an amendment to this
section.
ARTICLE 6. GENERAL LAWS.
Section 600. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and
authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all
actions and to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful
authority. In the event of any conflict between the provisions of this Charter and the provisions
of the general laws of the State of California, the provisions of this Charter shall control.
ARTICLE 7. INTERPRETATION.
Section 700. Construction and Interpretation. The language contained in this Charter is
intended to be permissive rather than exclusive or limiting and shall be liberally and broadly
construed in favor of the exercise by the City of its powers to govern with respect to any matter
which is a municipal affair.
Section 701. Severability. If any provision of this Charter should be held by a final judgment
of a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this Charter shall remain enforceable to the fullest extent permitted by law.
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01/09/08; Amended 12/14/10; Amended 12/11/12 4
ARTICLE 8. AMENDMENT
Section 800. Amendment to Charter, revised or repealed. This Charter, and any of its
provisions, may be amended by a majority vote of the electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body.
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CHARTER FOR THE
CITY OF NEEDLES
CHARTER FOR THE CITY OF NEEDLES
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Needles City Charter Page 1 of 36
THE CHARTER
Editor’s note - This part consists of the Charter of the city, adopted by a vote of the people on June 3,
1958, and approved by the legislature of the State of California on January 28, 1959, as amended.
Except for the use of a uniform system of capitalization, such Charter is set out herein as enacted.
Amendments are indicated by historical citations following the affected sections.
Article I. Incorporation and Succession
Sections
100 Name
101 Boundaries
102 Rights and liabilities
103 Ordinances
104 Continuance of contracts and public improvements
105 Pending actions and proceedings
106 Continuance of present officers and employees
Article II. Powers of the City
200 General powers
201 Procedures
Article III. Form of Government
300 Council - manager form of government
Article IV. The Elective Officers
400 Enumeration
401 Elected at large
402 When an elective office becomes vacant
Article IVa. The Mayor
450 Mayor; term of office
451 Eligibility
452 Mayor to hold no other office
453 Compensation
454 Vacancy
455 Powers vested in the mayor
456 Vice-mayor
Article V. The Council
500 Councilmen; term of office
501 Eligibility
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CHARTER
Needles City Charter Page 2 of 36
502 Councilman to hold no other office
503 Compensation
504 Vacancies
505 Deleted by A.C.R. No. 231, 4-29-74
506 Powers vested in the council
507 Regular meetings
508 Special meetings
509 Place of meetings
510 Quorum; proceedings
511 Citizen participation
512 Rules of procedure
513 Ordinances and resolutions; method of action
514 Adoption of ordinances and resolutions
515 Ayes and noes
516 Majority vote of council
517 Ordinances enactment
518 Signing and attesting
519 Ordinances; effective date
520 Violations
521 Ordinances; amendment
522 Ordinances; publication
523 Ordinances; codification
524 Contracts; restrictions
525 Contracts; execution
Article VI. City Manager 600 City manager
601 Compensation
602 Powers and duties
603 Participation in council action
604 Rules and regulations
605 Manager pro tempore
606 Additional duties
607 Removal
608 Noninterference with administrative service
Article VII. Officers and Employees 700 Enumeration
701 Appointment and removal
702 Administrative departments
703 Compensation
704 Oath of office
705 Official bonds
706 Deleted by A.C.R. No. 231, 4-24-74
707 Nepotism
708 Political and religious tests
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CHARTER
Needles City Charter Page 3 of 36
709 City clerk, powers and duties
710 Director of finance, powers and duties
711 City treasurer
712 City attorney, powers and duties
713 Director of public utilities, powers and duties
714 Chief of police department
715 Chief of fire department
Article VIII. Retirement 800 Retirement system, creation
801 Authority to join other systems
Article IX. Appointive Boards and Commissions 900 In general
901 Appropriations
902 Appointments; terms
903 Existing boards
904 Meetings; chairman
905 Compensation; vacancies
906 Planning commission
907 Personnel commission
908 Recreation and parks commission
909 Board of public utilities
910 Board of hospital trustees
Article X. Personnel System 1000 Personnel system; merit principle
1001 Unclassified and classified service
1002 Rules and regulations
1003 Preparation of eligible lists
1004 Probationary period
1005 Status of present personnel
1006 Appointments from classified service
1007 Suspension, demotion and dismissal
1008 Abolition of position
1009 Improper political activity
1010 Solicitation of contributions
1011 Contract for performance of administrative functions
Article XI. Fiscal Administration 1100 The fiscal year
1101 Tax system
1102 Tax limits
1103 Annual budget
1104 Public hearing on the budget
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CHARTER
Needles City Charter Page 4 of 36
1105 Budget, adoption
1106 Budget, appropriations
1107 Centralized purchasing
1108 Independent audit
1109 Contracts on public works
1110 Publishing of legal notices
1111 Bonded debt limit
1112 Presentation of demands
1113 Registering warrants
1114 Actions against city
1115 Purchasing supplies
Article XII. Department of Public Utilities 1200 Established; management and control
1201 Contracts and covenants; funds
1202 Accounting procedure
1203 Purchases and expenditures
1204 Use of revenue
1205 Sale of public utility
Article XIII. Franchises 1300 Granting of franchises
1301 Resolution of intention; notice and public hearing
1302 Terms of franchise
1303 Grant to be in lieu of all other franchises
1304 Eminent domain
1305 Duties of grantees
Article XIV. Board of Education 1400 State law governs
1401 Effect of Charter
Article XV. Elections 1500 General municipal elections
1501 Special municipal elections
1502 Procedure for holding elections
1503 Initiative, referendum and recall
Article XVI. General Provisions 1600 Effective date of Charter
1601 First election under Charter
1602 Validity of Charter
1603 Construction of Charter
1604 Violations
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CHARTER
Needles City Charter Page 5 of 36
Chapter 35, Acts 1959
THE CHARTER OF THE CITY OF NEEDLES
(Municipal Election 4-12-66; S.C.R. No. 80, 5-25-70; A.C.R. No 231, 4-29-74; Res No 1-4-82-4; Municipal Election 4-9-
96; Res No 4-27-04; Res No 12-12-06-3; Res No. 2010-19)
We, the people of the City of Needles, State of California, do ordain and establish this Charter as
the organic law of said City under the Constitution of said State.
Article I. Incorporation and Succession
Sec. 100. Name
The municipal corporation now existing and known as the City of Needles shall remain and
continue as a municipal corporation under the name of the City of Needles.
Sec. 101. Boundaries
The boundaries of the City shall be the boundaries as established at the time this Charter takes
effect, or as such boundaries may be changed thereafter in the manner authorized by law.
Sec. 102. Rights and liabilities
The City of Needles shall continue to own, possess and control all rights and property of every kind
and nature owned, possessed or controlled by it at the time this Charter takes effect and shall continue to
be subject to all its debts, obligations, liabilities and contracts.
Sec. 103. Ordinances
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the time
this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until
the same shall have been duly repealed, amended, changed or superseded by proper authority.
Sec. 104. Continuance of contracts and public improvements
All contracts entered into by the city or for its benefit prior to the effective date of this Charter and
then in effect, shall continue in full force and effect according to their terms. Public improvements for
which proceedings have been instituted under laws existing at the time this Charter takes effect, in the
discretion of the council, may be carried to completion as nearly as practicable in accordance with the
provisions of such existing laws or may be continued or perfected under this Charter.
Sec. 105. Pending actions and proceedings
No action or proceeding, civil or criminal, pending at the time when this Charter takes effect,
brought by or against the city or any officer, office, department or agency thereof, shall be affected or
abated by the adoption of this Charter or by anything herein contained, but all such actions or
proceedings may be continued notwithstanding that functions, powers and duties of any officer, office,
department or agency a party thereto, may be assigned or transferred by or under this Charter to another
officer, office, department or agency, but in that event the same may be prosecuted or defended by the
head of the office, department or agency to which such functions, powers and duties have been
assigned or transferred by or under this Charter.
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CHARTER
Needles City Charter Page 6 of 36
Sec.106. Continuance of present officers and employees
The present officers and employees shall continue without interruption to perform the duties of their
respective offices and employments upon the same conditions and for the compensation provided by the
existing ordinances, resolutions, rules or laws, until the election or appointment, and qualification of their
successors under this Charter and subject to such removal and control as is provided in this Charter. The
terms of office of elective officers whose offices are made appointive under this Charter shall expire upon
the appointment of their successors, respectively.
Article II. Powers of the City
Sec. 200. General powers
The city shall have the power to make and enforce all laws and regulations in respect to municipal
affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the
Constitution of the State of California. It shall also have the power to exercise any and all rights, powers
and privileges heretofore or hereafter established, granted or prescribed by any law of the state, by this
Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the
Constitution and laws of the State of California.
The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any
limitation upon, the generality of the foregoing provisions.
Sec. 201. Procedures
The city shall have the power to and may act pursuant to any procedure established by any law of
the state, unless a different procedure is required by this Charter.
Article III. Form of Government
Sec. 300. Council - Manager form of government
The municipal government provided by this Charter shall be known as the "Council-Manager" form
of government.
Article IV. The Elective Officers
Sec. 400. Enumeration
The elective officers of the city shall consist of a mayor and city council composed of six
members. (A.C.R. No. 231, 4-29-74)
Sec. 401. Elected at large
The mayor and the members of the council shall be elected at large at the times and in the
manner provided in this Charter, and shall serve for terms prescribed in this Charter and until their
respective successors qualify. (A.C.R. No. 231, 4-29-74)
Sec. 402. When an elective office becomes vacant
An elective office becomes vacant and their term of office considered completed on the
happening of any of the following events before the expiration of the incumbent's term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo waranto proceeding declaring that the incumbent is
physically or mentally incapacitated due to disease, illness, or accident and that there is
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CHARTER
Needles City Charter Page 7 of 36
reasonable cause to believe that the incumbent will not be able to perform the duties of his
or her office for the remainder of his or her term.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her absence from three consecutive regular city council meetings without
permission of council, except that any period of leave granted by the council shall not be
considered an absence for the purpose of this section.
(f) His or her conviction of a felony or of any offense involving a violation of his or her official
duties. An elective officer shall be deemed to have been convicted under this subdivision
when trial court judgment is entered. For the purposes of this subdivision, "trial court
judgment" means a judgment by the trial court either sentencing the officer or otherwise
upholding and implementing the plea, verdict, or finding.
(g) The decision of a competent tribunal declaring void his or her election or appointment.
(h) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a
drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not
be deemed vacant until the order of commitment has become final.
(i) His or her ceasing to be a resident of the City of Needles or ceasing to be an elector of the
City of Needles.
(Res. No. 1-4-82-4, 1982; A.C.R. No. 231, 4-29-74; Res. No. 12-12-06-3)
Article IVa. The Mayor
Sec. 450. Mayor; term of office
The mayor shall be elected at the next general municipal election following approval of these
Charter amendments by the electorate. The mayor shall serve a two year term, commencing on the
first Tuesday following his election. Any candidate who is elected shall qualify within 10 days after
receiving his certificate of election. No mayor shall serve more than 4 successive terms.
(A.C.R. No. 231, 4-29-74)
Sec. 451. Eligibility
No person shall be eligible to be nominated or hold office as mayor unless that person is
qualified to be nominated and hold office under applicable state law.
(Res. No. 1-4-82-4, 1982; A.C.R. No. 231, 4-29-74; Res. No. 4-27-04)
Sec. 452. Mayor to hold no other office
The mayor shall hold no other city office or city employment except as otherwise provided by
this Charter.
The mayor shall not be eligible to be appointed to any city position, office or employment which
was created or the compensation of which was increased by the council while he was mayor of this
city, until one year after the expiration of the term for which he was last elected or appointed.
(A.C.R. No. 231, 4-29-74)
Sec. 453. Compensation
The mayor shall be entitled to receive the same salary and compensation as a city
councilman. (A.C.R. No. 231, 4-29-74)
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CHARTER
Needles City Charter Page 8 of 36
Sec. 454. Vacancy
A vacancy in the office of mayor from whatever cause arising shall be filled by appointment by the
council.
In the event that the council shall fail to fill any such vacancy by appointment within thirty days
after such office shall become vacant or is prohibited by provisions of this Charter to make such an
appointment, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or
elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.
(A.C.R. No. 231, 4-29-74)
Sec. 455. Powers vested in the mayor
The mayor shall be presiding officer of the city council. He shall have a voice in all its
proceedings, but shall not be empowered to move or second council action. He shall be empowered to
vote in said council only to break a tie vote. The mayor shall possess veto power over any council
action taken by less then 3/4 vote of those present, but this veto shall only be exercised during the
same meeting and immediately following the ordinance, resolution, or motion in question. The city
council can override such veto by a 3/4 vote of its members present.
The mayor shall be official head of the city and shall perform such other duties consistent with his
office as may be prescribed by this Charter or as may be imposed by the council. (A.C.R. No. 231, 4-29-74)
Sec. 456. Vice-mayor
A vice-mayor shall be appointed by the council for the same term and the same tenure office as
the mayor. The vice-mayor shall be selected from members of the council. The vice-mayor shall
perform the office of mayor at such times as the mayor is absent from the city or unable for any
reason to perform his official duties. (A.C.R. No. 231, 4-29-74)
Article V. The Council
Sec. 500. Councilmen; term of office
At the first general municipal election and at all subsequent general municipal elections following
approval of these Charter amendments by the electorate, three members of the council shall be
elected, the three candidates having the highest number of votes at such election to serve for a term
of four years. Ties among candidates for any office shall be settled by the drawing of lots.
The term of each member of the council shall commence on the first Tuesday following his election.
Any candidate who is elected shall qualify within ten days after receiving his certificate of election.
(A.C.R. No. 231, 4-29-74)
Sec. 501. Eligibility
No person shall be eligible to be nominated or hold office as a member of the council unless
that person is qualified to be nominated and hold office under applicable state law.
(Res. No. 1-4-82-4, 1982; Res. No. 4-27-04)
Sec. 502. Councilman to hold no other office
No member of the council shall hold any other city office or city employment except as
otherwise provided by this Charter.
No member of the council shall be eligible to be appointed to any city position, office or
employment which was created or the compensation of which was increased by the council while he
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CHARTER
Needles City Charter Page 9 of 36
was a member thereof, until one year after the expiration of the term for which he was last elected or
appointed.
Sec. 503. Compensation
Each member of the council shall be entitled to receive a salary of one dollar per calendar month.
Members of the council shall also be entitled to reimbursement on order of the council for council
authorized traveling expenses and other expenses actually incurred when on official duty or order of the
council. Members of the council shall receive no other compensation from the city.
Sec. 504. Vacancies
Vacancies in the council from whatever cause arising shall be filled either by appointment by the
council or by election. Within 30 days of the occurrence of a vacancy in the council, the council shall
either appoint a person to hold office for the unexpired term of the former incumbent or call a special
election to fill the vacancy. If the council calls a special election to fill the vacancy, upon the calling of
the special election, the council may appoint a person to hold office until the date of the special
election.
If at the time a vacancy occurs, the council has three or more appointive members, the council
must call a special election to fill the vacancy and may appoint a person to hold office until the date of
the special election.
A special election called to fill a vacancy shall be held on the date of the next regularly-scheduled
election to be held throughout the City, not less than 90 days from the calling of the special election.
(Amended Municipal Election 4-9-96)
Sec. 505. Deleted by A.C.R. No. 231, 4-29-74
Sec. 506. Powers vested in the council
All powers of the city shall be vested in the council, and said council may establish the method by
which any of such powers may be exercised, except as otherwise provided in this Charter.
Sec. 507. Regular meetings
The council shall hold regular meetings at least once each month at such times as it shall fix by
ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain
which shall be specified in the order of adjournment and when so adjourned each adjourned meeting
shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the
order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time
any regular meeting falls on a holiday such regular meeting shall be held on the next business day.
Sec. 508. Special meetings
Special meetings may be called at any time by the mayor, or by four members of the council by
written notice delivered personally to each member at least twenty-four hours before the time specified
for the proposed meeting. A special meeting may also be validly held without the giving of such written
notice, if required to be held by this Charter or if all members shall give their consent, in writing, to the
holding of such meeting and such consent is on file in the office of the city clerk at the time of such
meeting. A telegraphic communication from a member consenting to the holding of a meeting shall be
considered a consent in writing. At any special meeting only such matters may be acted upon as are
referred to in such written notice or consent.
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CHARTER
Needles City Charter Page 10 of 36
Sec: 509. Place of meetings
All meetings shall be held in the Council Chambers of the City Hall, or in such place to which
any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood, or
other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for
the duration of the emergency at such place as is designated by the mayor, or, if he should fail to act,
by four members of the council.
Sec. 510. Quorum; proceedings
A majority of the members of the council shall constitute a quorum to do business but a less
number may adjourn from time to time. In the absence of all the members of the council from any
regular meeting or adjourned regular meeting, the city clerk may declare the same adjourned to a
stated day and hour. Notice of a meeting adjourned by less than a quorum or by the clerk shall be
given by the clerk or may be waived by consent in the same manner as specified in this Charter for the
giving or waiving of notice of special meetings of the council, but need not specify the matters to be
acted upon. The council shall judge the qualifications of its members as set forth by the Charter.
Each member of the council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the council. The council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and to compel the
production of evidence before it. Subpoenas shall be issued in the name of the city and be attested
by the city clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than
constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner
as violations of this Charter are punishable.
Sec. 511. Citizen participation
No citizen shall be denied the right personally, or through counsel, to present grievances or offer
suggestions for the betterment of municipal affairs, at any regular meeting of the council, nor to speak to
the subject of any special meeting.
Sec. 512. Rules of procedure
The council may establish rules for the conduct of its proceedings and evict or prosecute any
member or other person for disorderly conduct at any of its meetings.
Sec. 513. Ordinances and resolutions; method of action
Legislative action shall be taken by the council only by means of an ordinance or resolution.
Sec. 514. Adoption of ordinances and resolutions
With the sole exception of ordinances which take effect upon adoption referred to in this article, no
ordinance shall be adopted by the council on the day of its introduction, nor within five days thereafter
nor at any time other than at a regular or adjourned regular meeting nor until at least two days after such
ordinance shall have been published as required in this Charter. At the time of introduction or adoption
of an ordinance or resolution it shall be read in full unless after the reading of the title thereof, the further
reading thereof is waived by unanimous consent of the councilmen present. In the event that any
ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or
adjourned regular meeting, held not less than five days after the date upon which such ordinance was
so altered nor until at least two days after the same shall have been published as so altered. The
correction of typographical or clerical errors shall not constitute the making of an alteration within the
meaning of the foregoing sentence. (continued)
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CHARTER
Needles City Charter Page 11 of 36
No order for the payment of money shall be adopted or made at any meeting other than a regular
or adjourned regular meeting.
Any ordinance declared by the council to be necessary as an emergency measure for preserving
the public peace, health or safety, and containing a statement of the reasons for its urgency, may be
introduced and adopted at one and the same meeting if passed by at least five affirmative votes.
Sec. 515. Ayes and noes
Upon the adoption of any ordinance or order for the payment of money the clerk shall call the roll
and shall cause the ayes and noes to be entered in the minutes of the meeting. Upon the request of any
member the ayes and noes shall be taken and recorded on any vote.
Sec. 516. Majority vote of council
No ordinance or resolution or order for the payment of money shall be passed or become
effective without receiving the affirmative votes of at least four members of the council.
Sec. 517. Ordinances enactment
In addition to such acts of the council as are required by other provisions of this Charter to be by
ordinance, every act of the council establishing a fine or other penalty, or granting a franchise, shall be
by ordinance.
The enacting clause of all ordinances adopted by the council shall be substantially as follows: "The
City Council of the City of Needles does ordain as follows:".
Sec. 518. Signing and attesting
All ordinances and resolutions shall be signed by the mayor and attested by the city clerk.
Sec. 519. Ordinances; effective date
No ordinance adopted by the council shall become effective until thirty days from and after the
date of its adoption, except the following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election;
(b) An improvement proceeding ordinance adopted under some law or procedural ordinance;
(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the
rate of taxation, or levying the annual tax upon property;
(d) An emergency ordinance adopted in the manner provided for in this article;
(e) An ordinance providing for a tax levy or appropriation for the usual current expenses of
the city.
Sec. 520. Violations of Ordinances
A violation of any ordinance of the City shall constitute a misdemeanor, however the City may in its
discretion prosecute any such violation as an infraction rather than a misdemeanor. As an alternative to
criminal prosecution, the City may redress any violation of a city ordinance by civil action. The maximum
fine and penalty for such violation shall be the maximum fine and penalty allowed by the State of
California for violations of city ordinances on the date the violation occurs.
(Amended Municipal Election 4-9-96)
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CHARTER
Needles City Charter Page 12 of 36
Sec. 521. Ordinances; amendment
The amendment of any section or sections of an ordinance may be accomplished solely by the
re-enactment of such section or sections at length, as amended.
Sec. 522. Ordinances; publication
Except as otherwise provided in this Charter, the city clerk shall cause each proposed ordinance,
other than an emergency ordinance, to be published at least once in the official newspaper within ten
days after its introduction; or, as an alternative method of publication, upon order of the council, copies
of any such proposed ordinance shall be posted in three prominent places in the city and a single
publication made in the official newspaper of a notice setting forth the title of the ordinance, the date of
its introduction and a list of the places where copies of the proposed ordinance are posted, all within ten
days after its introduction.
The city clerk shall cause each emergency ordinance to be published at least once in the official
newspaper within fifteen days after its adoption.
Sec. 523. Ordinances; codification
Any or all ordinances of the city which have been enacted and published in the manner required at
the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised,
indexed and arranged as a comprehensive ordinance code, and such code may be adopted by
reference, with the same effect as an ordinance, by the passage of an ordinance for such purposes.
Such code need not be published in the manner required for other ordinances, but not less than three
copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to
the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code.
Amendments to the code shall be enacted by ordinance.
Detailed regulations pertaining to the construction of buildings, plumbing, wiring, or other subjects
which require extensive regulations, when arranged as a comprehensive code, may likewise be adopted
by reference in the manner provided in this section. Maps, charts and diagrams also may be adopted by
reference in the same manner.
Sec. 524. Contracts; restrictions
The council shall not have the power to make or authorize any contract or lease or extension
thereof for a longer period than fifty years unless said contract, lease or extension be approved by a
majority of those qualified electors of the city voting on such question at any election. This section shall
not apply to any franchise granted pursuant to the provisions of this Charter or to any contract for the
furnishing or acquisition of the products, commodity, facilities or services of any public utility. (4-12-66)
Sec. 525. Contracts; execution
The city shall not be bound by any contract, except as hereinafter provided, unless the same shall
be made in writing, approved by the council and signed on behalf of the city by the mayor and city clerk
or by such other officer or officers as shall be designated by the council. Any of said officers shall sign a
contract on behalf of the city when directed to do so by the council.
Except as otherwise provided in this Charter, by ordinance or resolution, the council may authorize
the city manager to bind the city, with or without a written contract, for the acquisition of equipment,
materials, supplies, labor, services or other items included within the budget approved by the council,
and may impose a monetary limit upon such authority. (continued)
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Needles City Charter Page 13 of 36
The council may by ordinance or resolution provide a method for the sale or exchange of
personal property not needed in the city service or not fit for the purpose for which intended, and for
the conveyance of title thereto.
Contracts for the sale of the products, commodities, or services of any public utility owned,
controlled or operated by the city may be made by the manager of such utility or by the head of the
department or city manager upon forms approved by the city manager and at rates fixed by the
council.
The provisions of this section shall not apply to services rendered by any person in the employ
of the city at a regular salary.
Article VI. City Manager
Sec. 600. City manager
There shall be a city manager who shall be the chief administrative officer of the city. He shall be
appointed by the affirmative vote of at least four members of the council and shall serve at the pleasure
of the council, provided, however, that he shall not be removed from office except as provided in this
Charter. He shall be chosen on the basis of his executive and administrative qualifications, with special
reference to his actual experience in, and his knowledge of, accepted practice in respect to the duties of
his office as herein set forth. He need not be a resident of the city or state at the time of his appointment,
but during his tenure of office, he shall reside within the city.
No councilman shall be eligible for appointment to the office of city manager during the term for
which he shall have been elected nor within two years thereafter.
Sec. 601. Compensation
The city manager shall be paid a salary commensurate with his responsibilities as chief
administrative officer of the city, which salary shall be established by ordinance or resolution.
Sec. 602. Powers and duties
The city manager shall be head of the administrative branch of the city government. Except as
otherwise provided in this Charter, he shall be responsible to the council for the proper administration of
all affairs of the city. Without limiting the foregoing general grant of powers, responsibilities and duties,
subject to the provisions of this Charter, the city manager shall have power and be required to:
(a) Appoint, and he may suspend or remove, all department heads, officers and employees of the
city except elective officers and those department heads, officers and employees the power of
whose appointment is vested by this Charter in the council or in the board of hospital trustees,
provided, however, that the appointment, suspension or removal of the director of public
utilities shall be subject to the approval of the board of public utilities. He may authorize the
head of any department or office to appoint or remove subordinates in such department or
office.
(b) Prepare the budget annually, submit it to the council, and be responsible for its
administration after its adoption.
(c) Prepare and submit to the council as of the end of the fiscal year, a complete report on the
finances and administrative activities of the city for the preceding fiscal year.
(d) Keep the council advised of the financial conditions and future needs of the city and
make such recommendations on any matter as may to him seem desirable.
(e) Establish a centralized purchasing system for all city officers, departments and agencies.
(f) Prepare rules and regulations governing the contracting for, purchasing, inspection,
storing, inventory, distribution or disposal of all supplies, materials and equipment
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CHARTER
Needles City Charter Page 14 of 36
required by any office, department or agency of the city government and recommend
them to the council for adoption by ordinance.
(g) See that the laws of the state pertaining to the city, the provisions of this Charter and
the ordinances, franchises and rights of the city are enforced.
(h) Make investigations into the affairs of the city, or any department or division thereof, on
any contract, or the proper performance of any obligation running to the city.
(i) Exercise control over all administrative offices and departments of the city except the
hospital department and over all appointive officers and employees except those
appointed by the council or by the board of hospital trustees.
(j) Perform such other duties as may be prescribed by this Charter or required of him by
the council not inconsistent with this Charter.
Sec. 603. Participation in council action
The city manager shall be accorded a seat at the council table and at all meetings of boards
and commissions and shall be entitled to participate in their deliberations, but shall not have a vote.
He shall receive notice of all special meetings of the council, boards and commissions.
Sec. 604. Rules and regulations
The city manager may prescribe such general rules and regulations as he may deem
necessary or expedient for the general conduct of the administrative offices and departments of the
city under his jurisdiction.
Sec. 605. Manager pro tempore
The city manager shall appoint, subject to the approval of the council, one of the other
officers of the city to serve as manager pro tempore during any temporary absence or
disability of the city manager. If he fails to make such appointment, the council may appoint a
manager pro tempore.
Sec. 606. Additional duties
Subject to the approval of the council, the city manager may act as head of any office,
department or agency of the city under his control for which he is qualified by training or
experience. If the city manager should act as director of public utilities, the approval of the
board of public utilities shall also be required.
Sec. 607. Removal
The city manager shall not be removed from office during or within a period of ninety
days next succeeding any municipal election at which a member of the council is elected. At
any other time the city manager may be removed only at a regular meeting of the council and
upon the affirmative votes of at least four members of the council. At least thirty days prior to the
effective date of his removal, the city manager shall be furnished with a written notice stating
the council's intention to remove him and the reasons therefore. Within seven days after
receipt of such notice, the city manager may by written notification to the city clerk request a
public hearing before the council, in which event the council shall fix a time for a public hearing
which shall be held at its regular meeting place before the expiration of the thirty-day period
above referred to. The city manager shall appear and be heard at such hearing. After
furnishing the city manager with written notice of his intended removal, the council may
suspend him from duty, but his compensation shall continue until his removal as herein
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Needles City Charter Page 15 of 36
provided. In removing the city manager, the council shall use its uncontrolled discretion, and
its actions shall be final and shall not depend upon any particular showing or degree of proof
at the hearing, the purpose of which is to allow the council and the city manager to present to
each other and to the public all pertinent facts prior to the final action of removal.
Sec. 608. Noninterference with administrative service
Except as otherwise provided in this Charter, neither the mayor nor the council nor any of
its members shall interfere with the execution by the city manager of his powers and duties, or
order, directly or indirectly, the appointment by the city manager, or by any of the department
heads in the administrative service of the city, of any person to any office or employment, or
his removal therefrom. Except for the purpose of inquiry, the mayor, the council or its
members shall deal with the administrative service under the jurisdiction of the city manager
solely through the city manager, and neither the mayor, nor the council, nor any member
thereof shall give orders to any subordinate of the city manager, either publicly or privately.
(A.C.R. No. 231, 4-29-74)
Article VII. Officers and Employees
Sec. 700. Enumeration
In addition to the council and city manager, the officers and employees of the city shall
consist of city clerk, a city treasurer, a city attorney, a director of finance, a director of public
utilities, a chief of police, a chief of the fire department and such other officers, assistants,
deputies and employees as the council may provide by ordinance or resolution.
Sec. 701. Appointment and removal
The city clerk, city treasurer and city attorney shall be appointed by and may be removed by
the affirmative votes of at least four members of the council. Except as otherwise provided in this
Charter, all other officers, department heads and employees of the city shall be appointed by the city
manager and shall serve at the pleasure of the city manager.
Sec. 702. Administrative departments
The council may provide by ordinance not inconsistent with this Charter for the organization,
conduct and operation of the several offices and departments of the city as established by this
Charter, for the creation of additional departments, divisions, offices and agencies and for their
consolidation, alteration or abolition. It may further provide by ordinance or resolution for the
assignment and reassignment of duties, offices and agencies to departments, and for the
number, titles, qualifications, powers, duties, and compensation of all officers and employees,
consistent with this Charter.
Each department so created shall be headed by an officer as department head who shall be
appointed, and may be suspended or removed, by the city manager, except as otherwise provided
by this Charter.
When the positions are not incompatible, the council may combine in one person the powers
and duties of two or more offices, provided, however, that the same person shall not hold the
position of city treasurer and director of finance.
The council may transfer or consolidate functions of the city government to or with
appropriate functions of the state or county government, or may make use of such functions of the
state or county government, and in case of any such transfer or consolidation the provisions of the
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Needles City Charter Page 16 of 36
Charter providing for the function of the city government so transferred or consolidated shall be
deemed suspended during the continuance of such transfer or consolidation to the extent that
such suspension is made necessary or convenient and is set forth in the ordinance or resolution
establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in
like manner. No such transfer or consolidation shall be made which would impair or adversely
affect any then existing bonds, obligations or contracts.
Sec. 703. Compensation
The compensation of all city officers and employees, except as otherwise provided in this
Charter, shall be by salary to be fixed by the council by ordinance or resolution. No officer or
employee shall be allowed any fees, perquisites, emoluments, rewards or compensation for his
services as such officer or employee aside from the salary or compensation as fixed by the
council, but all fees received by him in connection with his official duties shall be paid by him
into the city treasury.
Sec. 704. Oath of office
Every officer of the city, before entering upon the duties of his office, shall take the oath of
office as provided for in the Constitution of this State, and shall file the same with the city clerk.
Sec. 705. Official bonds
The council shall fix by ordinance or resolution the amounts and terms of the official bonds of
all officials and employees who are required by ordinance to give such bonds. All bonds shall be
executed by responsible corporate surety, shall be approved as to form by the city attorney and
shall be filed with the city clerk. Premiums on official bonds shall be paid by the city.
There shall be no personal liability upon, or any right to recover against, a superior officer, or
his bond, for any wrongful act or omission of his subordinate, unless such superior officer was a
party to, or conspired in, such wrongful act or omission.
Sec. 706. Deleted by A.C.R. No. 231, 4-29-74
Sec. 707. Nepotism
The council shall not appoint to a salaried position under the city government any person
who is a relative by blood or marriage within the second degree of any one or more of the
members of such council and neither shall the city manager, any department head or other officer
having appointive power appoint any relative within such degree to any such position.
Sec. 708. Political and religious tests
Except as otherwise provided by the general laws of this state heretofore or hereafter
enacted, no appointment to any position under the city government shall be made or be withheld
by reason of any religious or political opinions or affiliation or political services, and no
appointment to or selection for or removal from any officer or employment, and no transfer,
promotion, reduction, reward or punishment shall be in any manner affected by such opinions,
affiliations or service.
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CHARTER
Needles City Charter Page 17 of 36
Sec. 709. City clerk, powers and duties
The city clerk shall have the power and be required to:
(a) Attend all meetings of the council and be responsible for the recording and maintaining
of a full and true record of all the proceedings of the council in books that shall bear
appropriate titles and be devoted to such purposes.
(b) Maintain separate books, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the clerk annexed to each thereof stating the same to
be the original or a correct copy, and as to an ordinance requiring publication, stating
that the same has been published or posted in accordance with this Charter.
(c) Maintain separate books, in which a record shall be made of all written contracts and
official bonds.
(d) Keep all aforementioned books properly indexed and open to public inspection when
not in actual use.
(e) Be the custodian of the seal of the city.
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the city and certify copies of the official records.
(g) Have charge of all city elections.
(h) Be ex-officio assessor , unless the council has availed itself, or does in the future avail
itself, or the provisions of the general laws of the state relative to the assessment of
property and the collection of city taxes by county officers, or unless the council by
ordinance provides otherwise.
(i) Perform such other duties consistent with this Charter as may be required of him by the
council.
Sec. 710. Director of finance, powers and duties
The director of finance shall have power and shall be required to:
(a) Have charge of the administration of the financial affairs of the city under the direction of
the city manager, and be head of the finance department of the city.
(b) Compile the budget expense and income estimates for the city manager.
(c) Maintain a general accounting system for the city government and each of its offices,
departments and agencies.
(d) Supervise and be responsible for the disbursement of all moneys and have control of all
expenditures to insure that budget appropriations are not exceeded; audit all purchase
orders before issuance; audit and approve before payment, all bills, invoices, payrolls,
demands or charges against the city government and, with the advise of the city
attorney, when necessary, determine the regularity, legality and correctness of such
claims, demands or charges.
(e) See that all taxes, assessments, license fees and other revenues of the city, or for
whose collection the city is responsible, and all other money receivable by the city from
the county, state or federal government, or from any court, office, department or agency
of the city are collected.
(f) Submit to the council through the city manager, a monthly statement of all receipts and
disbursements in sufficient detail to show the exact financial condition of the city; and,
as of the end of each fiscal year, submit a complete financial statement and report.
(g) Supervise the keeping of current inventories of all property of the city by all city
departments, offices and agencies. (continued)
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CHARTER
Needles City Charter Page 18 of 36
(h) Perform such other duties consistent with this Charter as may be required of him by
ordinance or resolution of the council.
Sec. 711. City treasurer
The city treasurer shall have power and shall be required to:
(a) Receive all taxes, assessments, license fees and other revenues of the city, or for
whose collection the city is responsible, and receive all taxes or other money receivable
by the city from the county, state or federal government, or from any court, or from any
office, department, or agency of the city.
(b) Have custody of all public funds belonging to or under control of the city or any office,
department or agency of the city government and deposit all funds coming into his
hands into such depository as may be designated by resolution of the council, or, if no
such resolution be adopted, then in such depository designated in writing by the city
manager, and in compliance with all of the provisions of the state constitution and laws
of the state governing the handling, depositing and securing of public funds.
(c) Disburse moneys on warrants in the manner provided for in this Charter.
(d) Prepare and submit to the director of finance monthly written reports of all receipts,
disbursements and fund balances, copies of which reports shall be filed with the city
manager.
(e) Perform such other duties consistent with this Charter as may be required of him by
ordinance or resolution of the council.
Sec. 712. City attorney, powers and duties
To become and remain eligible for city attorney the person appointed shall be an attorney at
law, duly licensed as such under the laws of the State of California, and shall have been engaged
in the practice of law for at least three years prior to his appointment. The city attorney shall have
power and may be required to:
(a) Represent and advise the council and all city officers in all matters of law pertaining to
their offices.
(b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or of city ordinances.
(c) Represent and appear for the city in any or all actions or proceedings in which the city is
concerned or is a party, and represent and appear for any city officer or employee, or
former city officer or employee, in any or all actions or proceedings in which any such
officer or employee is concerned or is a party for any act arising out of his employment
or by reason of his official capacity.
(d) Attend all regular meetings of the council and give his advice or opinion in writing
whenever requested to do so by the council or by any of the boards or officers of the
city.
(e) Approve the form of all contracts made by and all bonds given to the city, endorsing his
approval thereon in writing.
(f) Prepare any and all proposed ordinances and resolutions for the city and amendments
thereto.
(g) Devote such time to the duties of his office as may be specified in the ordinance or
resolution fixing the compensation for such office.
(h) Surrender to his successor all books, papers, files and documents pertaining to the
city’s affairs. (continued)
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CHARTER
Needles City Charter Page 19 of 36
The council shall have control of all legal business and proceedings and may employ other
attorneys to take charge of any litigation or matter or to assist the city attorney therein.
Sec. 713. Director of public utilities, powers and duties
The director of public utilities shall have power and be required to:
(a) Be the head of the department of public utilities.
(b) Supervise and be responsible for the construction of all public utilities and the care and
maintenance of the assets and facilities thereof.
(c) Supervise and be responsible for the administration, maintenance and operation of all
public utilities owned or operated by the city, including but not limited to, the municipal
water system.
(d) On vacating the office, surrender to his successor all maps, plans, field notes and other
records and memoranda belonging to the city and pertaining to his office and the work
thereof.
(e) Perform such other duties consistent with this Charter as may be required of him by the
council.
He shall be chosen on the basis of his executive and administrative qualifications, with
special reference to his actual experience in, and his knowledge of, accepted practice in respect to
the duties of his office as hereinbefore set forth. He need not be a resident of the city or state at
the time of his appointment, but during the tenure of office, he shall reside within the city.
Sec. 714. Chief of police department
The chief of police shall have power and be required to:
(a) Act as head of the police department, preserve the public peace, and enforce all penal
ordinances of the city.
(b) Execute and return all process issued and directed to him by legal authority.
(c) Exercise all the powers and enjoy the same protections that are now or may hereafter
be conferred upon sheriffs and other police officers by the general laws of the state with
respect to the suppression of riot, public tumult, disturbance of the peace, or resistance
against the laws or public authorities in the lawful exercise of their functions.
(d) Perform such other duties consistent with this Charter as may be required of him by the
council.
Sec. 715. Chief of the fire department
The chief of the fire department shall have power and be required to:
(a) Act as head of the fire department and supervise all matters relating to the prevention
and extinguishing of fires and the protection of all property impaired thereby.
(b) Make frequent inspection of all property within the city to enforce fire prevention
regulations.
(c) During the time of a fire exercise supreme authority over the territory involved therein,
and over all persons in the immediate vicinity of the fire during such time, including
policemen, who likewise shall be subject to his orders.
(d) Perform such other duties consistent with this Charter as may be required of him by the
council.
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Needles City Charter Page 20 of 36
Article VIII. Retirement
Sec. 800. Retirement system, creation
The council shall have power to provide for the creation, establishment, funding, financing and
maintenance of a retirement or pension plan or plans for any or all of the appointive officers and
employees of the city.
Sec. 801. Authority to join other systems
The city, by and through its council is hereby empowered to join in any retirement or pension
system or systems created under the laws of the State of California or the United States of America, to
which municipalities and municipal officers and employees are eligible.
Article IX. Appointive Boards and Commissions
Sec. 900. In general
There shall be the boards and commissions enumerated in this article which shall have the powers
and duties herein stated. Unless otherwise provided by this Charter, the number of members to
comprise any board or commission shall be determined by ordinance or resolution of the council. No
member of any board or commission shall hold any paid office or employment in the city government. In
order to be eligible for any appointment to any board or commission, a person shall be a qualified elector
of the city. In addition to those herein provided, the council may create by ordinance or resolution such
boards or commissions as in its judgment are required and may grant to them such powers and duties as
are consistent with the provisions of this Charter.
Sec. 901. Appropriations
The council shall include in the annual budget such appropriations of funds as in its opinion shall be
sufficient for the efficient and proper functioning of such boards and commissions.
Sec. 902. Appointments; terms
The members of each of such boards or commissions shall be appointed by the council. They shall
be subject to removal by motion of the council adopted by at least four affirmative votes. Unless
otherwise provided by this Charter, the members thereof shall serve for a term of four years and until
their respective successors are appointed and qualified.
The members first appointed to such boards and commissions shall so classify themselves by
agreement or by lot that each succeeding January 1st the term of one of their number shall expire. If the
total number of members of a board or commission to be appointed exceeds four, the classification by lot
shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least
one member shall expire on each succeeding January 1st, and that the number of terms expiring in any
year does not exceed by more than one the number expiring in any other.
Sec. 903. Existing boards
The respective terms of office of all members of the boards and commissions in existence at the
time this Charter takes effect shall terminate upon the effective date of this Charter. The present
members of the boards and commissions which will continue in effect under this Charter shall be
deemed reappointed to the respective boards and commissions of which they are members as first
appointed members thereof under this Charter.
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CHARTER
Needles City Charter Page 21 of 36
Sec. 904. Meetings; chairman
As soon as practicable, following the first day of January of every year, each of such boards and
commissions shall organize by electing one of its members to serve as presiding officer at the pleasure
of such board or commission. Each board or commission shall hold such regular and special meetings as
such board or commission may require. All proceedings shall be open to the public.
The affirmative vote of a majority of the entire membership of such board or commission shall be
necessary for it to take any action, except to adjourn.
The city manager shall designate a secretary for the recording of minutes for each of such boards
and commissions, who shall keep a record of its proceedings and transactions. Each board or
commission may prescribe its own rules and regulations which shall be consistent with this Charter and
copies of which shall be kept on file in the office of the city clerk, where they shall be available for public
inspection. Each shall have the same power as the council to compel the attendance of witnesses, to
examine them under oath and to compel the production of evidence before it.
Sec. 905. Compensation; vacancies
The members of boards and commissions shall serve without compensation for their services as
such, but may receive reimbursement for necessary traveling and other expenses incurred on official
duty when such expenditures have received authorization by the council.
Any vacancies in any board or commission, from whatever cause arising, shall be filled by
appointment by the council within sixty days. Upon a vacancy occurring, leaving an unexpired portion of
a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member
of a board or commission shall absent himself from three regular meetings of such board or commission,
consecutively, unless by permission of such board or commission expressed in its official minutes, or is
convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city, his office
shall become vacant and shall be so declared by the council.
Sec. 906. Planning commission
There shall be a planning commission consisting of seven members. The planning commission
shall have the power and duty to:
(a) Recommend to the council, after a public hearing thereon, the adoption, amendment or
repeal of a master plan or any part thereof for the physical development of the city.
(b) Exercise such functions with respect to land subdivisions, planning and zoning as may
be prescribed by ordinance consistent with this Charter.
(c) Make recommendations to the council concerning proposed public works and for the
clearance and rebuilding of blighted or substandard areas within the city.
(d) Perform such other duties and functions not inconsistent with this Charter as may be
prescribed by ordinance.
The director of public utilities or a representative designated by him shall be accorded a seat at all
meetings of the commission and shall be entitled to participate in its deliberations but shall not have a
vote.
Sec. 907. Personnel commission
There shall be a personnel commission consisting of five members, none of whom shall hold any
salaried office or employment in the service of the city while a member of the commission nor for a
period of one year after he has ceased for any reason to be a member. The personnel commission shall
have power and be required to: (continued)
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(a) Act in an advisory capacity to the council and the city manager on personnel administration.
(b) Recommend to the council after a public hearing thereon, the adoption, amendment or
repeal of personnel rules and regulations.
(c) Hear appeals of any person in the classified service relative to any suspension, demotion
or dismissal and make recommendations thereon which shall be advisory only.
(d) Make any investigation which it may consider desirable concerning conditions of
employment or the administration of personnel in the municipal service and report its
findings to the council and the city manager.
(e) Perform such other duties with reference to personnel administration not inconsistent with
this Charter as the council may prescribe by ordinance.
Sec. 908. Recreation and parks commission
There shall be a recreation and parks commission consisting of seven members. In the event the
council contracts with other agencies interested in recreation and parks for the joint exercise of any of
such functions, such contract may provide for representation on the commission of nominees of such
agencies during the existence of such contract or extensions thereof. The recreation and parks
commission shall have the power and duty to:
(a) Act in advisory capacity to the council in all matters pertaining to recreation and parks.
(b) Consider provisions of the annual budget for recreation and park purposes during the
process of the preparation of the budget and make recommendations with respect thereto
to the city manager and the council.
(c) Assist in the planning of a recreation program for the inhabitants of the city, promote and
stimulate public interest therein, and to that end, solicit to the fullest extent possible, the
cooperation of school authorities and other public and private agencies interested therein.
(d) Advise the council with respect to the acceptance of money, personal property or real
estate donated or offered to the city for recreational or park purposes.
(e) Perform such other duties not inconsistent with this Charter as may be prescribed by
ordinance.
(Res. No. 4-27-04)
Sec. 909. Board of public utilities
There shall be a board of public utilities consisting of seven members. The board of public utilities
shall have the power and duty to:
(a) Consider the annual budget for the department of public utilities during the process of its
preparation and make recommendations with respect thereto to the council and the city
manager.
(b) Within the limits of the budget of the department of public utilities, authorize any purchase of
equipment, materials or supplies exceeding the sum of three thousand dollars, and authorize
the acquisition, construction, extension, enlargement, diminution, or curtailment of all or any
part of any public utility system. No such purchase, acquisition, construction, extension,
enlargement, diminution or curtailment shall be made without such authorization.
(c) Require of the city manager monthly reports of receipts and expenditures of the department of
public utilities, segregated as to each separate utility, and monthly statements of the general
condition of the department and its facilities.
(d) Establish rates for all revenue producing utilities owned, controlled or operated by the
city, but subject to the approval of the council and to any valid contract.
(e) Approve or disapprove the appointment, suspension or removal of the director of public
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utilities, who shall be the department head.
(f) Designate its own secretary.
(g) Make such reports and recommendations to the council regarding the department of public
utilities as it shall deem advisable.
(h) Exercise such other powers and perform such other duties as may be prescribed by
ordinance not inconsistent with any of the provisions of this Charter.
Sec. 910. Board of hospital trustees
The City Hospital may be sold pursuant to relevant provisions of the California Government Code.
(Res No. 2010-19, June 2010 Municipal election)
Article X. Personnel System
Sec. 1000. Personnel system; merit principle
Appointments and promotions in the classified service of the city shall be made according to merit
and fitness and from eligible lists to be established in accordance with the provisions of any ordinance or
personnel rules and regulations not inconsistent with this Charter, or by transfer, demotion or
reinstatement.
Sec.1001. Unclassified and classified service
The service of the city shall be divided into the unclassified and the classified service.
(a) The unclassified service shall comprise the following offices and positions:
(1) All elective officers.
(2) City manager, assistant city manager, if any, one private secretary to the city
manager, city attorney, director of finance, city treasurer, city clerk, the head of
each department, and all employees of the hospital department.
(3) All members of boards and commissions.
(4) Persons employed as unskilled laborers.
(5) Positions in any class or grade created for a special or temporary purpose for a
period of not longer than ninety days in any one fiscal year.
(6) Persons employed to render professional, scientific, technical or expert services of
any occasional or exceptional character.
(7) Volunteer members of the fire department.
(8) Volunteer police.
(9) Persons who render part-time service without pay or who are paid on an hourly or per
diem basis.
(10) Any new classification hereafter created by the council unless declared to be
classified at the time of creation or thereafter.
(b) The classified service shall comprise all positions not specifically included by this section
in the unclassified service.
Sec. 1002. Rules and regulations
The personnel system provided by this article shall be implemented by such ordinances and rules
and regulations governing the administration thereof as are adopted by the council upon the
recommendation of either the city manager or the personnel commission, and not inconsistent with this
Charter.
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Sec.1003. Preparation of eligible lists
Eligible lists shall be prepared from examinations of applicants for positions in the classified service
which examinations shall be practical and relate to those matters which fairly test the relative capacity of
the applicants to discharge the duties of the positions to which they seek to be appointed.
Sec. 1004. Probationary period
All original and promotional appointments to positions in the classified service shall be for a
probationary period of six months, during which the employee may be rejected by the appointing power,
without assigning reasons therefore and without a hearing. An employee rejected during the probationary
period from a position to which he has been promoted shall be reinstated to the position from which he
had been promoted, unless charges are filed against him and he is dismissed as provided in this Charter.
Sec. 1005. Status of present personnel
Any person holding a position or employment included by this Charter in the classified service who,
on the effective date of this Charter, shall have attained regular or probationary status under the existing
personnel system, shall retain such status in classified service under this Charter.
Sec. 1006. Appointments from classified service
In the event any officer or employee of the city holding a position in the classified service is
appointed to a position in the unclassified service, and should within six months thereafter be removed or
resign therefrom, he shall revert to his former position in the classified service without loss of any rights
or privileges and upon the same terms and conditions as if he had remained in said position
continuously, unless charges are filed against him and he is demoted or dismissed as provided in this
Charter.
Sec. 1007. Suspension, demotion and dismissal
Every employee holding an office or position in the classified service who shall have completed the
probationary period therein shall be entitled to retain his office or position so long as it exists under the
same or a different title, subject, however, to suspension, demotion, or dismissal as in this section
provided.
Any such employee may be suspended, demoted or dismissed by the appointing power, subject
to the provisions of this Charter, for incompetence, habitual intemperance, immoral conduct,
insubordination, repeated discourteous treatment of public or fellow employees, dishonesty, conviction
of a felony, inattention to duties, acts inimical to the public service, other ground of penalty or forfeiture
specified by the Constitution or by this Charter, or any other grounds permitted by law.
Any such employee who is suspended, demoted or dismissed shall be entitled to receive upon
his request, at the office of the board or officer taking such action, a written statement in which shall be
separately stated each of the charges against him upon which such suspension, demotion or dismissal
is based, a copy of which statement shall be furnished to the city clerk for delivery to the personnel
commission. Such statement shall be specific as to time, place and circumstances and shall be
furnished to him within three working days after his request therefore, which request must be filed
within three working days after he has been notified of such suspension, demotion or dismissal. He
shall have ten days after receipt of such statement within which to file an answer to such statement of
charges should he desire to do so.
In his answer, or otherwise if no statement of charges has been made available to him as
required, such employee may request a hearing by the personnel commission to review such
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suspension, demotion or dismissal. Such answer, or request for a hearing, shall be filed in the office of
the city clerk for delivery to the personnel commission. A public hearing shall be called and held on the
matter by the personnel commission within twenty days and written notice of the time and place
thereof shall be given to the employee in person or by mail at least ten days before the hearing. Such
employee shall be given the opportunity at such hearing to be heard in his defense in person or by
counsel. Hearings may be conducted informally and the rules of evidence need not apply.
The personnel commission shall make written findings which shall state as to each charge
whether or not such charge is sustained. Such board shall also set forth in writing its conclusions and
recommendations based upon such findings and within ten days after concluding the hearing, it shall
certify its findings, conclusions and recommendations to the board or officer from whose action the
appeal was taken, and to the city manager and the council.
The appointing power shall then affirm, modify or rescind the action taken, as in its judgment
shall seem warranted, and the decision of the appointing power shall be final and conclusive.
Where an appeal is taken to the personnel commission from an order of dismissal, the vacancy
in the position shall be considered a temporary vacancy pending final action by the personnel
commission and the appointing power and may be filled only by a temporary appointment.
A reduction in pay shall be a demotion, under this section, unless it is a part of a plan to reduce
salaries and wages in connection with a general reduction, economy or curtailment program.
Nothing in this section shall restrict the right to make bonafide reductions in force or to enact
legislation requiring retirement for disability or age.
As used in this Charter, the words dismiss, remove and discharge, in all their forms and tenses,
shall be synonymous and interchangeable.
(Res. No. 4-27-04)
Sec.1008. Abolition of position
Whenever in the judgment of the council it becomes necessary in the interest of economy or
because the necessity for the position involved no longer exists, the council may, subject to the
provisions of this Charter, abolish any position or employment in the classified service and thereby
reduce the personnel by laying off employees without the filing of written charges and without the right of
appeal. In reducing said personnel and laying off any employee through the abolition of position, the
council shall observe the seniority rule. The name of each employee so laid off shall be placed at the top
of the appropriate eligible list.
Sec. 1009. Improper political activity
No person holding a position in the classified service shall seek or accept election, nomination or
appointment as an officer of a political club or organization, or take an active part in any county or
municipal political campaign, or serve as a member of a committee of such club, organization or circle, or
seek signatures to any petition provided for by law, or act as a worker at the polls, or distribute badges,
pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or nomination
to a county or city office; provided, however, that nothing in this section shall be construed to prevent any
such officer or employee from becoming or continuing to be a member of a political club or organization,
or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting
his vote or from seeking or accepting election or appointment to public office, or from seeking signatures
to any initiative or referendum petition directly affecting his rates of pay, hours of work, retirement, civil
service, or other working conditions, or from distributing badges, pamphlets, dodgers, or handbills or other
participation in any campaign in connection with such petition, if the activity is not carried on during hours
of work, or when he is dressed in the uniform required in any department of the city government.
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(continued)
No person in the classified or unclassified service, or seeking admission thereto, shall be
employed, promoted, demoted or discharged, or in any way favored or discriminated against because of
political opinions or affiliations or because of race or religious belief except as otherwise expressly
permitted or required by general law of the state.
Any willful violation or violation through culpable negligence of any provision of this section shall be
sufficient grounds to authorize the discharge of any officer or employee.
Sec. 1010. Solicitation of contributions
No officer, agent, clerk, or employee, under the government of the city and no candidate for any
city office shall directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or
receiving any assessment, subscription or contribution, whether voluntary or involuntary, for any
municipal political purpose whatever, from anyone on the employment lists or holding any position under
the provisions of this Article.
Sec. 1011. Contract for performance of administrative functions
The council may contract with the governing body of a city or county within this state, or with a state
department or other public or private agency, for the preparation or conducting of competitive
examinations for positions in the city service or for the performance of any other personnel administration
service.
Article XI. Fiscal Administration
Sec. 1100. The fiscal year
The fiscal year of the city shall begin on the first day of July of each year and end on the thirtieth
day of June of the following year.
Sec. 1101. Tax system
The procedure for the assessment, levy and collection of taxes upon property taxable for municipal
purposes may be prescribed by ordinance. Unless otherwise provided by ordinance, the city shall
continue to use, for the purpose of ad valorem municipal taxation, the county system of assessment and
tax collection, as such system is now in effect or may hereafter be amended and in so far as such provi-
sions are not in conflict with this Charter.
Sec. 1102. Tax limits
(a) The council shall not levy a property tax for municipal purposes, except as otherwise provided
in this section, in excess of two dollars annually on each one hundred dollars of the assessed
value of taxable property in the city, unless authorized by the affirmative votes of a majority of
those electors voting on a proposition to increase such levy at any election at which the
question of such additional levy for municipal purposes is submitted to the electors. The
number of years that such additional levy is to be made shall be specified in such proposition
and the purpose thereof may also be specified.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, in addition to the above limit, if
no other provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the city for principal and interest of all bonds and
judgments due and unpaid, or to become due during the ensuing fiscal year, which
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constitute general obligations of the city; and
2. A tax sufficient to meet all obligations of the city for the retirement of city employees,
due and unpaid or to become due during the ensuing fiscal year.
(c) Special levies, in addition to the above limits, may be made annually for the purposes, within
the limits, and to the extent that general law cities may make special levies in addition to their
general tax limit, under the codes and statutes of the state as they may exist from time to
time.
The proceeds of any such additional or special levy shall be used only for the respective purposes
for which it is levied. (S. C. R. No. 80, 5-25-70)
Sec. 1103. Annual budget
At least thirty-five days prior to the beginning of each fiscal year the city manager shall send to the
council a careful estimate, in the form of a written budget, of the amounts, specifying in detail the objects
thereof required during the next ensuing year for the business and proper conduct of the various depart-
ments, offices, boards and commissions of the city. The city manager shall also at said time submit to the
council an estimate of the amount of income from fines, licenses, and other sources of revenue,
exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation.
Sec. 1104. Public hearing on the budget
After reviewing the proposed budget as submitted by the city manager and making such revisions
as it may deem advisable, the council shall determine the time for holding of a public hearing upon, and
shall cause a notice thereof to be published not less than ten days prior to said hearing by at least one
insertion in the official newspaper of the city.
Copies of the proposed budget shall be available for inspection by the public at the office of the city
clerk at least ten days prior to said hearing.
At the time so advertised or at any time to which such public hearing shall from time to time be
adjourned, the council shall hold a public hearing on the proposed budget at which interested persons
desiring to be heard shall be given such opportunity.
Sec. 1105. Budget, adoption
After the conclusion of the public hearing the council shall make any revisions of the proposed
budget that it may deem advisable and on or before June 30, it shall adopt the budget. A copy thereof,
certified by the city clerk, shall be filed with the person retained by the council to perform auditing
functions for the council and a further copy shall be placed, and shall remain on file, in the office of the
city clerk where it shall be available for public inspection. The budget so certified shall be reproduced
and copies made available for the use of the public and of departments, offices and agencies of the city.
Sec. 1106. Budget, appropriations
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several departments, offices and agencies for the
respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal
year to the extent that they shall not have been expended or lawfully encumbered.
At any meeting after the adoption of the budget, the council may amend or supplement the budget
by motion adopted by the affirmative vote of at least four members so as to authorize the transfer of
unused balances appropriated for one purpose to another purpose or to appropriate available funds not
included in the budget or to cancel any appropriation not expended or encumbered.
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Sec. 1107. Centralized purchasing
Under the control and direction of the city manager there shall be established a centralized
purchasing system for all city departments and agencies, except as otherwise in this Charter provided.
Sec. 1108. Independent audit
The council shall employ, at the beginning of each fiscal year, an independent certified public
accountant who shall, at such time or times as may be specified by the council, at least annually and at
such other times as he may determine, examine the books, records, inventories and reports of all officers
and employees who receive, handle or disburse public funds and all such other officers and employees
and departments as the council may direct.
As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by
such accountant to the council, one copy thereof to be distributed to each member, one to the director of
finance, city manager and city attorney, respectively, and three additional copies to be placed on file in
the office of the city clerk where they shall be available for inspection by the general public, and a copy of
the financial statement as of the close of the fiscal year shall be published in the official newspaper.
Sec. 1109. Contracts on public works
Every project for the construction or improvement of public buildings, works, streets, drains,
sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such project,
when the total expenditures required for the same exceed the sum of fifteen thousand dollars, shall be let
by the council by contract to the lowest responsible bidder after notice by publication in the official
newspaper by one or more insertions, the first of which shall be at least ten days before the time for
opening bids. Projects for the maintenance or repair of streets, drains or sewers are excepted from the
requirements of this section if the council determines that such work can be performed more
economically by a city department than by contracting for the doing of such work.
All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed
by a corporate surety authorized to engage in such business in California, made payable to the city.
Such security shall be in an amount not less than that specified in the notice inviting bids or in the
specifications referred to therein, or if no amount be so specified then in an amount not less than ten per
cent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the
contract, within the time specified in the notice inviting bids or in the specifications referred to therein, the
amount of his bidder's security shall be declared forfeited to the city and shall be collected and paid into
its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and
paid into such fund.
The council may reject any and all bids presented and may readvertise in its discretion.
The council, without advertising for bids, or after rejecting bids, or if no bids are received, may
declare and determine that, in its opinion, based on estimates approved by the city manager, the work in
question may be performed better or more economically by the city with its own employees or the
supplies or materials may be purchased more economically on the open market, and after the adoption
of a resolution to this effect by at least five affirmative votes of the council may proceed to have said work
done or said supplies or materials purchased in the manner stated, without further observance of the
provisions of this section. Such contracts likewise may be left without advertising for bids, if such work or
supplies or materials shall be deemed by the council to be of urgent necessity for the preservation of life,
health or property, and shall be authorized by resolution passed by at least five affirmative votes of the
council and containing a declaration of the facts constituting such urgency. (continued)
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Projects for the extension or development of any public utility operated by the city or for the
purchase of supplies or equipment for any such utility may be excepted from the requirements of this
section, provided the council so determines by at least five affirmative votes. (Res. No. 12-12-06-3)
Sec. 1110. Publishing of legal notices
In the event that there is more than one newspaper of general circulation published and circulated
in the city, the council, annually, prior to the beginning of each fiscal year, shall publish a notice inviting
bids and contracts for the publication of all legal notices or other matter required to be published in a
newspaper of general circulation in the city, during the ensuing fiscal year. In the event there is only one
newspaper of general circulation published and circulated in the city, then the council shall have the
power to contract with such newspaper for the printing and publishing of such legal notices or matter
without being required to advertise for bids therefore. The newspaper with which any such contract is
made shall be designated the official newspaper for the publication of such notices or other matter for the
period of such contract.
In no case shall the contract prices for such publication exceed the customary rates charged
by such newspaper for the publication of legal notices of a private character.
In the event there is no newspaper of general circulation published and circulated in the city,
then all legal notices or other matter may be published by posting copies thereof in at least three
public places in the city.
No defect or irregularity in proceedings taken under this section, or failure to designate an
official newspaper, shall invalidate any publication where the same is otherwise in conformity with
this Charter or law or ordinance.
Sec. 1111. Bonded debt limit
The city shall not incur an indebtedness evidenced by general obligation bonds which shall in
the aggregate exceed the sum of fifteen per cent of the total assessed valuation, for purposes of city
taxation, of all the real and personal property within the city.
No bonded indebtedness which shall constitute a general obligation of the city may be created
unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at
any election at which the question is submitted to the electors and unless in full compliance with the
provisions of the State Constitution and of this Charter. Bonds which are payable out of such
revenues as may be specified in such bonds, may be issued when the council by ordinance shall
have established a procedure for the issuance of such bonds. Such bonds, payable out of such
revenues, shall not constitute an indebtedness of the city. No such bonds payable out of any
revenues of the city or of any department thereof, shall be issued without the assent of a majority of
the voters voting upon the proposition of issuing the same, at an election at which such proposition
shall have been duly submitted to the qualified electors of the city.
Sec. 1112. Presentation of demands
All claims for damages against the city must be verified and presented to the city clerk within ninety
days after the occurrence, event or transaction from which the damages allegedly arose, or within such
shorter time as is otherwise provided by law, and shall set forth in detail the name and address of the
claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or
damages sustained. All such claims shall be approved or rejected in writing by order of the council and
the date thereof given.
All other demands against the city must be in writing and may be in the form of a bill, invoice,
payroll, or formal demand. Each such demand shall be presented to the director of finance within ninety
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days after the last item of the account or claim is accrued. The director of finance shall examine the
same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an
appropriation against which the same may be charged, he shall approve such demand and draw his
warrant on the city treasurer therefore, payable out of the proper fund. Otherwise he shall reject it.
Objections of the director of finance may be overruled by the council and the warrant ordered drawn.
The director of finance shall transmit such demand, with his approval or rejection thereof endorsed
thereon, and warrant, if any, to the city manager. If a demand is one for an item included within an
approved budget appropriation, it shall require the approval of the city manager, otherwise it shall require
the approval of the council, following the adoption by it of an amendment to the budget authorizing such
payment. Any person dissatisfied with the refusal of the city manager to approve any demand, in whole
or in part, may present the same to the council which, after examining into the matter, may approve or
reject the demand in whole or in part.
Sec. 1113. Registering warrants
Warrants on the city treasurer which are not paid for lack of funds shall be registered. All
registered warrants shall be paid in the order of their registration when funds therefore are available and
shall bear interest from the date of registration at such rate as shall be fixed by the council by resolution.
Sec. 1114. Actions against city
No suit shall be brought for money or damages against the city or any board, commission or
other officer thereof until a claim or demand for the same has been rejected in whole or in part. If
rejected in part, suit may be brought to recover the whole. Failure to complete action approving or
rejecting any claim or demand within sixty days from the date the same is presented shall be deemed
a rejection thereof.
Sec. 1115. Purchasing supplies
The council may prescribe by ordinance rules and regulations for the purchasing of supplies,
materials and equipment. When making purchases for the city, merchants maintaining an established
place of business within the city shall be given the preference, quality and prices being equal.
Article XII. Department of Public Utilities
Sec. 1200. Established; management and control
There shall be a department of public utilities which shall be under the management and control of
the city manager and the director of public utilities, subject, however, to the powers and duties of the
board of public utilities as prescribed in this Charter and to the provisions of this Charter. Said department
shall include all public utilities owned, controlled or operated by the city.
Sec. 1201. Contracts and covenants; funds
It shall be competent for the city to make contracts and covenants for the benefit of the holders
of any bonds payable solely from any of the revenue of any such utility or utilities for the
establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions
upon further indebtedness payable out of the same fund, for restrictions upon transfers out of such
fund, and other appropriate covenants.
Money placed in any such special fund for the payment of principal and/or interest on any issue of
such bonds or to assure the application thereof to a specific purpose shall not be expended for any
purpose whatever except for the purpose for which such special fund was established and shall be
deemed segregated from all other funds of the city and reserved exclusively for the purpose for which
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such special fund was established until the purpose of its establishment shall have been fully
accomplished.
Sec. 1202. Accounting procedure
Each utility shall be operated as a separate unit and all accounting respecting such utility shall be
on that basis. All personal services of officers or employees and all costs incurred for the joint benefit of
any such utility and any other office, department or agency of the city shall be prorated between them.
Charges shall be made by the utility for all service, property or other things of value supplied or rendered
by it to any other office, department or agency of the city.
Sec. 1203. Purchases and expenditures
The purchase of equipment, materials and supplies peculiar to the needs of the department of
public utilities need not be made through the centralized purchasing system. The expenditure and
disbursement of funds of the department of public utilities shall be made and approved as elsewhere in
this Charter provided.
Sec. 1204. Use of revenue
No payments or contributions shall be made by any utility to the general funds of the city,
otherwise than as above provided in this article, except that:
(a) There may be paid into the general funds of the city in lieu of taxes, an amount
equivalent to the amount which would be payable from the funds of such utility for city
taxes, on the property held by the utility in the name of the city if such property were
not exempt from city taxes: and
(b) There may be paid from the revenues of such utility, after the payment of all costs of
operation and maintenance of said utility and all principal and interest on revenue bonds
of the utility, sufficient moneys to pay principal and interest on any outstanding issue or
general obligation bonds for such utility purposes and/or to reimburse the general funds
of the city for any payments made therefrom on account of such bonds or for the benefit
of such utility from and after the effective date of this article.
Sec. 1205. Sale of public utility
No public utility now or hereafter owned or controlled by the city shall be sold, leased or
otherwise transferred unless authorized by the affirmative votes of at least four members of the
council and by the affirmative votes of a majority of the electors voting on such proposition at a
general or special election at which said proposition is submitted.
Article XIII. Franchises
Sec. 1300. Granting of franchises
Any person, firm or corporation furnishing the city or its inhabitants with transportation,
communication, terminal facilities, water, light, heat, electricity, gas, power, refrigeration, storage or
any other public utility or service, or using the public streets, ways, alleys or places for the operation of
plants, works or equipment for the furnishing thereof, or traversing any portion of the city for the
transmitting or conveying of any such service elsewhere, may be required by ordinance to have a valid
and existing franchise therefore. The council is empowered to grant such franchise to any person, firm
or corporation, whether operating under an existing franchise or not, to prescribe the terms and
conditions of any such grant, and to provide, by procedural ordinance, the method of procedure and
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additional terms and conditions of such grants, or the making thereof, all subject to the provisions of
this Charter.
Nothing in this section, or elsewhere in this article, shall apply to the city, or to any department
thereof, when furnishing any such utility or service.
Sec. 1301. Resolution of intention; notice and public hearing
Before granting any franchise, the council shall pass a resolution declaring its intention to grant the
same, stating the name of the proposed grantee, the character of the franchise and the terms and
conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour
and place when and where any persons having any interest therein or any objection to the granting
thereof may appear before the council and be heard thereon. It shall direct the city clerk to publish said
resolution at least once, within fifteen days of the passage thereof, in the official newspaper. Said notice
shall be published at least ten days prior to the date of hearing.
At the time set for the hearing the council shall proceed to hear and pass upon all protests and its
decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the
terms and conditions specified in the resolution of intention to grant the same, subject to the right of
referendum of the people, or it may deny the same. If the council shall determine that changes should
be made in the terms and conditions upon which the franchise is proposed to be granted, a new
resolution of intention shall be adopted and like proceedings had thereon.
Sec. 1302. Terms of franchise
Every franchise shall state the term for which it is granted, which, unless it be indeterminate as
provided for herein, shall not exceed twenty-five years.
A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force
and effect until the same, with the consent of the Public Utilities Commission of the State of California,
shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some
municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement
or shall condemn and take, under the power of eminent domain, all property actually used and useful in
the exercise of such franchise and situate within the territorial limits of the state, municipal or public
corporation purchasing or condemning such property, or until the franchise shall be forfeited for
noncompliance with its terms by the possessor thereof.
Sec. 1303. Grant to be in lieu of all other franchises
Any franchise granted by the city with respect to any given utility service shall be in lieu of all other
franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right
under such franchise for the rendering of such utility service within the limits of the city as they now or
may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of
California as said section existed prior to the amendment thereof adopted October 10, 1911. The
acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises, rights
and privileges within the limits of the city as such limits shall at any time exist, in lieu of which such
franchise shall be granted.
Any franchise granted hereunder shall not become effective until written acceptance thereof shall
have been filed by the grantee thereof with the city clerk. Such acceptance shall be filed within ten days
after the adoption of the ordinance granting the franchise, or any extension thereof granted by the
council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that
if and when the city shall thereafter annex, or consolidate with, additional territory, any and all franchises,
rights and privileges owned by the grantee therein, except a franchise derived under said constitutional
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provision, shall likewise be deemed to be abandoned within the limits of such territory. No grant of any
franchise may be transferred or assigned by the grantee except by consent in writing of the council and
unless the transferee or assignee thereof shall covenant and agree to perform and be bound by each
and all of the terms and conditions imposed in the grant or by procedural ordinance and by this Charter.
Sec. 1304. Eminent domain
No franchise grant shall in any way, or to any extent, impair or affect the right of the city to acquire
the property of the grantee thereof either by purchase or through the exercise of the right of eminent
domain, and nothing herein contained shall be construed to contract away or to modify or to abridge,
either for a term or in perpetuity, the city's right of eminent domain with respect to any public utility.
Sec. 1305. Duties of grantees
By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and
be bound by each all of the terms and conditions imposed in the grant, or by procedural ordinance, and
shall further agree to:
(a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by
the council in the exercise of its police power governing the construction, maintenance and
operation of its plants, works or equipment.
(b) Pay to the city on demand the cost of all repairs to public property made necessary by
any of the operations of the grantee under such franchise.
(c) Indemnify and hold harmless the city and its officers from any and all liability for
damages proximately resulting from any operations under such franchise.
(d) Remove and relocate without expense to the city all facilities installed, used and
maintained under the franchise if and when made necessary by any lawful change of
grade, alignment or width of any public street, way, alley or place, including the
construction of any subway or viaduct, or if the public health, comfort, welfare,
convenience, or safety so demands.
(e) Pay to the city during the life of the franchise a percentage, to be specified in the grant, of
the gross annual receipts of the grantee within the limits of the city, or such other
compensation as the council may prescribe in the grant.
Article XIV. Board of Education
Sec. 1400. State law governs
The manner in which, the times at which, and the terms for which the members of boards of
education shall be elected or appointed, their qualifications, compensation and removal and the number
which shall constitute any one of such boards shall be as now or hereafter prescribed by the Education
Code of the State of California.
Sec. 1401. Effect of Charter
The adoption of this Charter shall not have the effect of creating any new school district nor shall
the adoption of this Charter have any effect upon the existence or boundaries of any present school
districts within the city or of which the city comprises a part, but each such present school district shall
continue in existence subject to the provisions of the laws of the State of California as the same now
exist or hereafter may exist.
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Article XV. Elections
Sec. 1500. General municipal elections
General municipal elections for the election of officers and for such other purposes as the council
may prescribe shall be held in the city in November of even-numbered years on the same date as
statewide elections commencing with the year 2006. (Res. No. 4-27-04)
Sec. 1501. Special municipal elections
All other municipal elections that may be held by authority of this Charter, or of any law, shall be
known as special municipal elections.
Sec. 1502. Procedure for holding elections
Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in
accordance with the provisions of the Elections Code of the State of California, as the same now exists
or hereafter may be amended, for the holding of municipal elections so far as the same are not in conflict
with this Charter.
Sec. 1503. Initiative, referendum and recall
There are hereby reserved to the electors of the city the powers of the initiative and referendum
and of the recall of municipal elective officers. The provisions of the Elections Code of the State of
California, as the same now exist or hereafter may be amended, governing the initiative and
referendum and the recall of municipal officers, shall apply to the use thereof in the city so far as such
provisions of the Elections Code are not in conflict with the provisions of this Charter.
Article XVI. General Provisions
Sec. 1600. Effective date of Charter
For the purpose of qualification and nomination of candidates and election of the members of
the first city council under this Charter, to fill the vacancies created by it, this Charter shall take effect
at the time of its approval by the Legislature. For all other purposes, it shall take effect on the first
Tuesday following the date of the election of the first city council hereunder.
Sec. 1601. First election under Charter
The council of the City of Needles in office at the time this Charter is approved by the Legislature
shall provide for the holding of the first election of officers under this Charter, shall canvass the votes and
declare the results.
Sec. 1602. Validity of Charter
If any provision of this Charter, or the application thereof to any person or circumstance is held
invalid, the remainder of the Charter, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
Sec. 1603. Construction of Charter
Unless the provisions or the context otherwise require, as used in this Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) “City” is the City of Needles and “department”, “board”, “commission”, “agency”, “officer”, or
“employer”, is a department, board, commission, agency, officer or employee as the case
may be, of the City of Needles. (continued)
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(c) "Council" is the city council of the City of Needles.
(d) "County" is the County of San Bernardino.
(e) "State" is the State of California.
Sec. 1604. Violations
The violation of any provision of this Charter shall be deemed a misdemeanor and shall be
punishable upon conviction by a fine of not exceeding five hundred dollars or by imprisonment for a
term of not exceeding six months or by both such fine and imprisonment.
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CERTIFICATE
WHEREAS, the City of Needles for many years last past has been and now is a city containing a
population of more than 3,500 inhabitants as ascertained by the last preceding census taken by the
authority of the Congress of the United States of America; and
WHEREAS, on the 13th day of August, 1957, at a municipal election duly held in accordance with
the provisions of Section 8 of Article XI of the Constitution of the State of California, the electors of the
said City did choose and elect Omar Baldwin, Bess W. Brewer, Louise T. Corey, Arthur P. Easton,
William A. Fancher, Ralph W. Fisher, Leonard S. Grady, Revis Hall, Chester B. Howell, William A.
McGill, Albert E. Notley, Addison L. Owen, Thomas Poulson, Donald Raison, and K. Wendell Sneed,
who were on said date all electors of said city and eligible as candidates in said election, as a Board of
fifteen Freeholders to prepare and propose a charter for the government of said City; and
WHEREAS, the result of said election was duly declared by the legislative body, to-wit, the Council
of the City, on the 20th day of August, 1957, and the electors so elected as Freeholders thereafter duly
qualified as such Freeholders in accordance with law; and
WHEREAS, a period of one year since the result of said election was declared, as aforesaid, has
not expired;
NOW THEREFORE, in pursuance of the said provisions of said Constitution of the State of
California and within one year after the said election was so declared, said Board of Freeholders has
prepared and does now propose the foregoing Charter as and for the Charter of the City of Needles for
the government thereof;
And said Board of Freeholders hereby requests said legislative body of said City to cause the
publication of said proposed Charter, as provided in said Constitution, and does hereby fix and designate
Tuesday the 3rd day of June, 1958, as the date for holding a special municipal election in the said City at
which the said proposed Charter shall be submitted to the qualified electors of the said City for their
ratification and adoption.
IN WITNESS WHEREOF, the undersigned duly elected and qualified Freeholders of said City
have subscribed their names to this proposed Charter at the City of Needles in the State of California,
on the 17th day of March, 1958.
Albert E. Notley, Chairman of the Board of Freeholders
Arthur P. Easton, Secretary of the Board of Freeholders
Omar Baldwin
Bess W. Brewer
Louise T. Corey
William A. Fancher
Ralph W. Fisher
Leonard S. Grady
Revis Hall
Chester B. Howell
William A. McGill
Addison L. Owen
Thomas Poulson
Donald Raison
K. Wendell Sneed
Freeholders of the City of Needles
County of San Bernardino, State of California
Attest: Arthur P. Easton, Secretary of the Board of Freeholders
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CHARTER FOR THE
CITY OF IRWINDALE
CHARTER FOR THE CITY OF IRWINDALE
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CHARTER OF THE CITY OF IRWINDALE
PREAMBLE
We, the people of the City of Irwindale, County of Los Angeles, State of California, do ordain and establish this Charter as the organic law of said City under and by virtue of the Constitution of the said
State.
ARTICLE I - STATUS OF CITY
Section 100. - Name of City.
The general law city, in existence prior to the effective date of this Charter, known as the "City of
Irwindale", shall be deemed, for all purposes, to continue in existence, as a chartered city, from and after the effective date of this Charter. Said City, as a chartered city, shall continue to be known as the "City of
Irwindale".
Section 101. - Boundaries.
The boundaries of the City of Irwindale, as a chartered city, shall be identical to the boundaries of said City of Irwindale, a general Law city, as were lawfully in existence as of the effective date of this Charter.
After the effective date of this Charter, the boundaries may be altered only as provided by applicable or general law.
Section 102. - Effective date of Charter.
This Charter shall be effective from and after the date of its approval by the electorate of the City of
Irwindale and filed with the Secretary of State.
ARTICLE II - DEFINITIONS AND INTERPRETATION OF CHARTER
Section 200. - Definitions.
For the purpose of this Charter, the following words and phrases shall be deemed to have the meanings hereinafter ascribed to them, unless from the context thereof a contrary meaning is clearly intended:
(a) "adjudicated Newspaper" shall mean a newspaper which is adjudicated as such pursuant to the provisions of Section 6000 et seq of the Government Code of the State of California.
(b) "Applicable Law" shall mean an enactment of the California Legislature which lawfully governs, allows or regulates activities of cities having a charter adopted pursuant to the provisions of the
Constitution of the State of California.
(c) "Appointive Officer" shall mean those officers designated as such by this Charter.
(d) "Brown Act" shall mean that Act of the State Legislature enTitled as such, as the same now exists or as the same may hereinafter be lawfully amended, designated as Section 64950 et seq of
the Government Code.
(e) "Charter" shall mean this Charter as it now exists, or as it may hereafter be amended.
(f) "City" shall mean the City of Irwindale established as a charter city by this Charter.
(g) "City Attorney" shall mean the duly appointed, qualified and acting City Attorney of City.
(h) "City Clerk" shall mean the duly appointed, qualified and acting City Clerk of City.
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(i) "City Council" shall mean the legislative body of City.
(j) "City Manager" shall mean the duly appointed, qualified and acting City Manager of City.
(k) "City Treasurer" shall mean the duly appointed, qualified and acting City Treasurer of City.
(l) "Constitution" shall mean the Constitution of the State of California.
(m) "Councilman" shall mean a member of the City Council of City.
(n) "County" shall mean County of Los Angeles.
(o) "Elections Code" shall mean the Election Code of the State of California as same exists as of the effective date of this Charter, and as the same may hereinafter be amended by lawful authority.
(p) "Elective Officers" shall mean those officers designated as such by this Charter.
(q) "Elector" shall mean any person who qualified for the right of suffrage pursuant to Article 11,
Section 1 of the Constitution of the State.
(r) "Former City" shall mean the City of Irwindale, a general law city, organized and existing as such,
prior to the effective date of this Charter, and, as to which the City is its successor in interest, by reason of the adoption of this Charter.
(s) "General Law" shall mean an enactment of the Legislature of the State which lawfully governs, allows or regulates activities of a general law city, as defined in Section 34100 of the Government
Code of the State of California, and which applies to the City of Irwindale, solely by reason of the provisions of this Charter, or on ordinance adopted by the City Council of the City.
(t) "Government Code" shall mean the Government Code of the State of California as the same exists as of the effective date of this Charter, and as the same may be hereinafter be amended by
lawful authority.
(u) "May" is permissive.
(v) "Mayor" shall mean the duly appointed, qualified and acting Mayor of City.
(w) "Mayor Pro Tempore" shall mean the duly appointed qualified and acting Mayor Pro Tempore of
City.
(x) "Municipal Affair" shall mean those matters which have been, and continue to be, held to be such
by courts of record in the State of California.
(y) "Person" shall mean any person, firm, association, organization, partnership, business, trust
company or corporation, and any municipal political or governmental corporation, district, body or agency, other than the City of Irwindale.
(z) "Registered Qualified Voter" shall mean an elector who is lawfully registered, pursuant to applicable provisions of the Elections Code, and is thus entitled to cast a ballot in any national, state
or local election held within the City.
(aa) "Shall" is mandatory.
(bb) "State" shall mean the State of California.
Section 201. - Reference to laws.
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Wherever reference is made in this Charter to any law or Code provision enacted by the Legislature of the State, or to any constitutional provision, said reference shall mean and include any amendment
thereto, enacted after the effective date of this Charter; provided, however, if any such law is repealed in whole or in part, the City Council, by ordinance, may enact provisions, consistent with this Charter,
covering the substance of such repealed legislation.
ARTICLE III - SUCCESSION
Section 300. - Rights and liabilities.
The City shall be deemed, for all purposes, to be the successor in interest to the former City. The
said City shall succeed to own, possess, hold and control all rights, including, but not limited to, rights in and to personal and real property, owned, possessed, controlled or held by said former City, as of the
effective date of this Charter. Said City shall be deemed, for all purposes, to be subject to all debts, obligations, liabilities and duties of said former City, as such existed as of the effective date of this
Charter.
Section 301. - Validation of prior acts.
All lawful acts heretofore taken by, or on behalf of, the said former City, by its City Council, or any officer, employee, commission, committee, or board thereof, shall be deemed for all purposes, to continue
in full force and effect from and after the effective date of this Charter. The validation of such acts as provided for herein shall include, but not be limited to, all lawful ordinances, resolutions, rules,
regulations, permits, or any portion thereof, in force as of the effective date of this Charter, except to the extent that any such act is inconsistent, in whole or in part, with any provisions of this Charter; to that
extent the same shall be subject to amendment, modification or repeal by lawful authority pursuant to this Charter.
Section 302. - Continuation of status of officers and employees
All officers and employees, including but not limited to, elective officers of the said former City shall,
as of the effective date of this Charter, continue to perform the duties of their respective offices and positions. Except as otherwise expressly provided in this Charter, the adoption hereof, as to such officers
and employees, shall not affect or impair any right, privilege or retirement benefit or such officers and employees lawfully held by them as of the effective date of this Charter. The tenure of, and the
performance of duties by, all such officers and employees shall be subject to the provisions hereof.
Section 303. - Public contracts.
All contracts lawfully entered into by the said former City, prior to the effective date of this Charter, shall continue in full force and effect, notwithstanding the adoption of this said Charter.
Section 304. - Pending proceedings.
Any action or proceeding, civil, criminal or administrative, pending as of the effective date of this
Charter, as to which the said former City, or any officer or employee thereof, is a party or participant, shall not be affected, altered or abated by reason of the adoption of this Charter or by any provision hereof.
Any such action or proceeding shall be processed to its conclusion, in accordance with all laws applicable thereto, notwithstanding the adoption of this said Charter.
ARTICLE IV - POWERS OF CITY
Section 400. - Powers.
The City, from and after the effective date hereof, shall have the power to make and enforce all
ordinances and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter, and in the Constitution of the State of California. In addition, the said
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City shall also have the rights, powers and privileges heretofore or hereafter established, granted or prescribed by any lawful authority, including, but not limited to, those rights, powers and privileges now or
hereafter accorded to general law cities, and such other authority as a chartered City may lawfully exercise under and by virtue of the Constitution of the State.
Section 401. - Limitation of powers.
The enumeration in this Charter of any specific power shall not be deemed, for any purpose, to be a
limitation upon the general grants of powers, as set forth in this Charter.
Section 402. - Exercise of powers.
The City shall exercise its powers in the manner established by applicable laws of the State, unless a different procedure is established by this Charter or by an ordinance lawfully adopted by the City Council
of said City. Zoning authority and limitations shall be as may be applicable to chartered cities.
Section 403. - Joint powers.
The City may exercise all or any of the powers herein set forth singly or jointly with other public agencies in the manner provided by general law.
ARTICLE V - MUNICIPAL ELECTIONS
Section 500. - Conduct of elections.
Except as otherwise provided by ordinance, all municipal elections hereafter conducted by or on behalf of the City shall be held and processed in accordance with the provisions of the Constitution and
the Elections and Government Codes.
Section 501. - Elective officers.
The elective officers of this City shall be five (5) members of the City Council, each of whom shall
hold the office of Councilman.
Elective officers of the City shall be elected for four (4) year terms by the registered qualified voters of the City, on an at large basis, at general or special municipal elections, held for that purpose.
Section 502. - Qualifications for elective office.
The qualifications for any person to hold an elective office of the City shall be as follows:
(a) any such person shall be an elector, with the meaning of the Constitution of the State; and
(b) any such person shall have been a bona fide resident of the City for at least 30 days next
preceding the date of the election at which he desires to be a candidate for such elective office.
Section 503. - Incumbent elective officers.
All of the incumbent elective officers of the former City, shall continue in such offices until the
expiration of their respective terms for which they were elected, and until their successors are appointed
or elected, and qualified.
Section 504. - Rights reserved to the electorate.
The electorate of the City, notwithstanding the adoption of this Charter, reserve unto themselves the
following processes:
(a) the right of referendum as to any legislative act taken by the City Council; and
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(b) the right of initiative, as to any legislative act the City Council could legally effectuate; and
(c) the right of recall as to any elective officer of the City.
Such reserved rights shall be exercisable only in accordance with, and subject to the limitations of, the provisions of the Constitution of the State of California and laws for General Law cities.
Section 505. - Vacancies.
Vacancies in elective offices shall be deemed to occur under any of the following circumstances:
(a) if, during the term of his office, an elective officer of the City dies; or
(b) if, during the term of his office, he ceases, for any reason, to qualify as a registered voter and
resident of the City; or
(c) if, during the term of his office, an elective officer of the City files a written letter of resignation with
the City Clerk, his office shall be deemed vacant as of that date stated in such letter, or if no date is so stated in such letter, upon the date of its filing; or
(d) if a City Councilman absents himself, without the consent of the City Council, from all regular City Council meetings for a period of sixty (60) consecutive days from the last regular meeting of the
Council he attended, his office shall be deemed vacant; provided that the consent of the City Council shall be given only for good cause, but shall not be unreasonably withheld; or
(e) if an elective officer of the City is convicted of any crime which involves moral turpitude, such office shall be deemed vacant as of the date the judgement of conviction becomes final; and
(f) for any other reason applicable to General Law Cities.
Section 506. - Other offices.
No elective officer of the City, during his tenure as such, or for a period of one year, or to be designated by ordinance, thereafter, shall hold any other City office or employment.
ARTICLE VI - CITY COUNCIL
Section 600. - Legislative body.
The City Council shall be the legislative body of the City.
Section 601. - Mayor - Mayor Pro Tempore.
By the affirmative votes of not less than three (3) members the City Council shall choose one of its members as Mayor, and one of its members as Mayor Pro Tempore, upon the following occasions:
(a) in even numbered years, at the regular Council meetings held for the purpose of canvassing the results of the General Municipal Election; and
(b) in odd numbered years, at the first regular Council meeting held during the month of March; or
(c) at such other times as a majority of the Council shall so order.
The Councilman chosen as Mayor shall, in addition to the performance of his duties as a Councilman, preside at all City Council meetings, represent the City as the ceremonial head of City
Government, and perform such other acts as may be required of him, as directed by the City Council, consistent with this Charter, ordinance of the City, other applicable law, or for General Law cities. In the
case of the absence or disability of the Mayor, the Mayor Pro Tempore shall act in his place and stead.
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Section 602. - Vacancies in elective offices.
Any vacancy occurring in any elective office of the City, may be filled by the City Council, by
resolution, adopted by affirmative votes of not less than three (3) members of the City Council. If the City Council fails, for any reason, to fill such vacancy within a period of thirty (30) days from and after such
office becomes vacant, it shall, as may be required by general law, call and hold an election to fill such vacancy. A person appointed or elected to fill a vacancy in elective office shall hold such office for the
unexpired term of the former incumbent.
If at any time, three (3) or more vacancies occur in elective offices of the City, then the following
procedures shall take place.
(a) if such situation qualifies under the provisions of a disaster as provided by applicable law, and the
City has provided for the preservation of local government as provided thereunder, then such preservation shall be observed; or
(b) if such situation does not so qualify, or if such preservation has not been provided, then the Chairman of the Board of Supervisors of the County shall temporarily appoint qualified persons to
such three or more vacant offices for the limited purpose hereinafter set forth. Upon such persons being so appointed, the City Council as thus constituted, shall meet forthwith at a time and place to
be selected by the City Clerk for the purpose of calling a special election to elect qualified persons to the office temporarily filled by such appointments. Such temporary appointees shall continue to hold
such elective offices until their successors have been duly elected and qualified.
Section 603. - Council meetings.
(a) Time and Place. Regular meetings of the City Council shall be conducted at such time and place as are established by ordinance.
(b) Open to Public. Except as otherwise herein provided, each and every meeting of the City Council, be it a regular or special meeting, or an adjourned regular or special meeting, shall be open to all
members of the general public.
(c) Application of Brown Act. Except as otherwise herein provided, the provisions of the "Brown Act"
shall apply to all meetings and acts of the City Council, and its members.
(d) Executive Sessions of the City Council may be conducted during an otherwise duly held meeting
only:
1) to consider the appointment, dismissal or imposition of disciplinary action with respect to any
employee, contractor or consultant of the City; or
2) to meet with the City Attorney or other appointed special counsel of the City, to consider matters
relating to pending or potential litigation involving the City; or
3) for such other purposes as are permitted by general law or by the "Brown Act."
For the purpose of this section, an "Executive Session" shall mean a session of the City Council at which only Councilmen and persons specifically directed by the City Council or authorized by
applicable law shall be permitted to attend.
(e) Quorum. Three (3) members of the City Council shall constitute a quorum for the purpose of
transacting business of the City Council.
(f) Oaths. The Mayor, each member of the Council and the City Clerk shall have the power to
administer oaths or affirmations in proceedings pending before the City Council.
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(g) Subpoenas. The City Council shall have the power to compel, by subpoena, the attendance of witnesses, and the production of any relevant evidence, at any meeting of the City Council, or of any
duly appointed Board or Commission or at any hearing held before any officer or employee of the City. Subpoenas shall be issued by the City Clerk, upon order of the City Council, in the name of the
City, and shall be served in the manner prescribed by applicable law for the service of subpoenas in judicial actions. Disobedience to a subpoena, or the refusal to testify to relevant matters before the
Council, except upon valid constitutional grounds, shall constitute a misdemeanor and shall be punishable as such.
(h) Rules for Proceedings. The City Council may establish rules for the conduct of its proceedings, including, but not limited to, provision for the punishment of any person who engages in disorderly
conduct at a City Council meeting.
Section 604. - Reimbursement for expenses.
Councilmen of the City shall be reimbursed for necessary expenses actually incurred in the performance of official duties. Such reimbursement shall not be made, unless approved by the affirmative
vote of not less than three (3) members of the City Council. The City Council shall establish a procedure for the reimbursement of other officers and employees of the City for expenditures incurred by them in the
performance of official duties.
Section 605. - Compensation of councilmen.
Compensation of Councilmen, other than reimbursement for expenses may be established in the manner and amount as provided by general law, relating to councilmanic salaries in general law cities in
this State.
Section 606. - Ordinances.
Except as otherwise provided in this Charter or by applicable law, the enactment of ordinances by the City Council, shall be accomplished in accordance with the provisions of this Section.
(a) Meetings. Ordinances may be adopted at either regular, special or adjourned regular or special meetings of the City Council.
(b) Adoption of Ordinances. Ordinances shall be adopted in the manner and according to the procedure provided by general law.
(c) Effective Date of Ordinance. Ordinances shall be effective in the time and manner provided by general law.
(d) Vote Required. No ordinance of this City shall become effective unless the same is adopted by the affirmative votes of at least three (3) members of the Council, except for ordinance for the
adoption of which, this Charter or applicable or general law, requires a greater number of affirmative votes.
(e) Form. Each ordinance shall bear a title which shall briefly describe the subject matter of the ordinance and shall contain the following enacting clause: "The City Council of the City of Irwindale
does ordain." Each ordinance adopted by the City Council shall be signed by the Mayor, whose signature thereon shall be attested to by the City Clerk.
(f) Violation. Penalty. A violation of any duly enacted ordinance of the City shall constitute a misdemeanor which shall be prosecuted in the manner prescribed by applicable law. The maximum
fine or penalty for the violation of any ordinance shall be in the sum of $500.00 or a term of imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment. The
City Council, by ordinance, shall provide for the place of imprisonment for such violation and may provide that persons convicted of a violation of any such ordinance may be compelled to perform
labor on public works of the City. Certain violations may, by ordinance, be classified as infractions.
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(g) Codification. Any and all ordinances of the City may be compiled, consolidated, or recompiled and/or reconsolidated, and indexed and arranged in a comprehensive municipal ordinance code.
Such code may be adopted by ordinance by reference. Such code, if adopted by reference, need not be published in the manner required for other ordinances provided that:
1) not less than three copies thereof shall be on file in the office of the City Clerk, available for examination by members of the public, prior to the adoption thereof; and
2) that the final adoption of such code, shall not take place until a public hearing is held before the City Council to allow interested persons to express their views on such proposed Code; and
3) that notice of such public hearings is given as required by General Law.
4) detailed regulations pertaining to any subject, such as building regulations, when arranged in a
comprehensive code, including maps, charts or diagrams, may also be adopted by reference in the manner provided in this Section.
5) amendments to such Code shall be enacted only by ordinance and, if no adoption by reference is involved, the procedure set forth in this sub-paragraph shall not apply to such adoption.
(h) Publication. Publication of ordinances shall be as provided for general law cities.
Section 607. - Contracts.
(a) Council Action. No contract, for any purpose, shall obligate the City, in any manner, unless and until such contract has been approved or ratified, in written form, by the affirmative votes of not less
than three (3) members of the City Council; except that:
1) where a contractual expenditure by the City has been included in a City budget adopted by
ordinance, City Council approval thereof shall be conclusively presumed; and
2) where the City Manager reasonably determines that an emergency immediately required the
obtaining of goods or services, he shall be empowered to contract for the same without prior City Council approval, and such contract shall be a binding obligation of the City. The authority of the City
Manager hereunder as to a particular emergency shall terminate at the next meeting of the City Council unless specifically extended.
(h) Leases. No agreement for the lease of City owned real property to any person, for a non-municipal purpose, shall be valid unless the City Council finds that the property proposed for such
lease is not required, and will not be so required during the term of the agreement, for municipal purposes.
(i) Supplies and Equipment. Notwithstanding the provisions of this Section relating to contracts, the City Council shall, by ordinance, provide for the acquisition of equipment, materials or supplies, other
than for public works contracts, if the same are included within a budget approved by the City Council.
(j) Surplus Property. The City Council may provide for a system for the sale, disposal or exchange of real and/or personal property which is surplus to the needs of the City.
(k) Public Works Contract. Except as otherwise herein provided, the City shall contract for the construction or reconstruction of any public building, works, streets, drain, sewer, utility, park or
playground (hereinafter "public project") in the time and manner and in accordance with general law.
Section 608. - Franchises.
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Franchises shall be granted by the City Council only in the time and manner, and for such purposes, as may be prescribed or authorized by the Constitution or by applicable laws of this State.
Section 609. - Interference with administrative service.
No member of the City Council shall interfere with the execution by the City Manager of his powers
and duties; nor shall any Councilman direct the City Manager to appoint or remove an officer or employee of the City. Except for the purpose of inquiry, no Councilman shall deal with the administrative services of
the City except by and through the City Manager; nor shall any Councilman give any order or direction on behalf of the City to any subordinate officer or employee of the City. This Section shall not apply during
periods of disaster proclaimed by the Governor or City Council, nor during such times as there shall be no Council designated City Manager acting in that capacity.
Section 610. - Conflict of interest.
The lawful provisions of applicable and/or general law, with regard to conflict of interests, prohibited
interests and disclosure of assets shall apply to, and govern the activities of each elective officer of the City.
Section 611. - Indemnification.
The members of the City Council shall be provided with a defense and indemnified against loss for
good faith actions taken in the scope of their employment as Councilmen or members of the Community Redevelopment Agency.
Section 612. - Continuity.
The City Council may by ordinance set the number of successive terms or years that a Councilman
may serve.
ARTICLE VII - APPOINTIVE OFFICERS
Section 700. - Form of government.
The system of government established by this Charter shall be known as the "Council-Manager"
form of government.
Section 701. - Appointive offices.
The municipal offices, established by this Article, shall be known as appointive offices of the City. Persons shall be appointed to and removed from, such offices by the City Council, in accordance with the provisions hereof.
Section 702. - City Manager, appointment, qualification, compensation.
The appointive office of City Manager for the City is hereby created. The qualification, appointment,
salary, duties, tenure and discharge of the City Manager shall be prescribed by ordinance of the City Council.
Section 703. - City Manager duties.
The City Manager, or person acting in that capacity, shall perform the duties provided by ordinance.
The City Council shall provide a defense for, and indemnify him, for any action brought against him in the scope of his employment as Manager of the City or Community Redevelopment Agency.
Section 704. - City Attorney, appointment, qualification, compensation.
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The appointive office of City Attorney of City is hereby created. The City Attorney shall be directly responsible to the City Council for the performance of his duties.
(a) Appointment. A qualified person shall be appointed to the office of City Attorney, by resolution of the City Council, adopted by the affirmative votes of not less than (3) members thereof.
(b) Compensation. The City Council by the affirmative votes of not less than three (3) Councilmen shall, from time to time, by resolution, set the compensation for the Office of City Attorney.
(c) Qualification. The qualification, tenure, contractual relation and discharge or suspension shall be provided by not less than 3/5 vote of the City Council.
Section 705. - City Attorney duties.
The duties of the office of City Attorney shall be as follows:
(a) he shall act as the legal advisor for the City and to its officers and employees, in all matters relating to City affairs;
(b) he shall be required to appear and defend the City in all matters in civil litigation involving the City and its officers and employees. He shall prosecute all violations of City ordinances, but may, with the
approval of the City Council, delegate such authority to the District Attorney.
(c) he shall prepare all ordinance, resolutions, contracts, opinions and other legal documents as
required by the City Council relating to the affairs of the City; and
(d) he shall perform such other duties as may be required of him by the City Council. The City
Council shall provide a defense for, and indemnify, the City Attorney for any action brought against him in the scope of his employment as Attorney for the City and for the Community Redevelopment
Agency.
Section 706. - City Attorney, deputies, special counsel.
The City Attorney shall have the authority to appoint deputy city attorneys, to act as such, under the control and direction of the City Attorney. Compensation for such deputies, if any, shall be set by the City
Council. The City Attorney may, with the approval of the City Council, engage the services of special counsel to assist him in the performance of his said duties.
Section 707. - City Clerk, appointment, qualification, compensation.
The appointive office of City Clerk of City is hereby created. Such office may be combined with that
of any other appointive office. The City Clerk shall be appointed, serve at the pleasure of, and removed by, and be responsible to, the City Council, or the City Manager as may be from time to time provided by
ordinance.
Section 708. - City Treasurer.
The appointive office of City Treasurer is hereby established. The duties of the City Treasurer shall be those imposed by applicable and/or general law, except as those duties may be modified by ordinance
of the City. The salary, tenure, appointment and removal of the City Treasurer shall be as prescribed by the City Council.
Section 709. - Bonds.
The appointive officers shall post such fidelity bonds as may be required by the City Council. Such
bonds shall be a proper charge upon the City.
Section 710. - Continuity.
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No appointive officer shall be removed from office, suspended or reduced in authority or compensation for 90 days following a municipal election or change in membership on the City Council.
ARTICLE VIII - OFFICERS AND EMPLOYEES
Section 800. - Miscellaneous and safety employees.
The City Council may designate such other positions for miscellaneous and safety employees as the Council may from time to time determine. Appointment to, authority over and removal from such positions
shall be by the City Manager.
Section 801. - Merit system, establishment.
The City Council, by ordinance, may establish a Merit System for City employees. Such system may include provisions for the method of the selection of employees, the classification, advancement,
suspension, discharge, termination of such employees, and the consolidation and elimination of positions. The said Merit system shall apply to each office or position of employment, except:
(a) elective and appointive officers; and
(b) part-time or temporary officers and employees; and
(c) members of boards and commissions
Such system may be amended, by ordinance of the City Council, from time to time, as may be
required in the discretion of the City Council in the public interest.
Section 802. - Retirement.
Plenary authority and power is hereby vested in the City, and its City Council to do and perform any act, or exercise any option or authority granted, permitted or required under the provisions of the Public
Employees' Retirement Act, as it now exists or hereafter may be amended, so as to enable the City to continue as a contracting City under said Retirement System. The City may terminate any such contract
with the Board of Administration of the Public Employees' Retirement System only under authority granted the enabling act relating to said system.
Section 803. - Compensation.
The City Council, by resolution, shall from time to time, establish the salaries and/or other forms of
compensation for each officer or employee of the City.
ARTICLE IX - FISCAL ADMINISTRATION
Section 900. - Fiscal year.
The Fiscal year of the City shall begin on the first day of July of each calendar year and shall end on
the thirtieth day of June of the following year.
Section 901. - Budget. Submission to City Council.
At least thirty-five (35) days prior to the beginning of each fiscal year, the City Manager shall prepare
and submit to the City Council, a proposed annual budget, covering expected income and all proposed expenditures of City for the forthcoming fiscal year. In preparing the budget the City Manager shall utilize
the most accurate available income estimates and the most feasible combination of expenditure classification by funds, organization unit, program, purpose or activity, and object.
Not less than ten (10) copies of the proposed budget, and the City Manager's budget message, shall be on file in the office of the City Clerk, available for examination by members of the general public. Upon
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submission of the budget, the City Council shall select a convenient date for the conduct of a public hearing upon the adoption of such budget. Notice shall be given of such public hearing in such manner as
the City Council deems appropriate to give complete and adequate notice thereof, to residents of the City. At the time of such public hearing, the City Council shall consider evidence presented by an interested
person concerning any or all of the items as contained in the proposed budget. Upon conclusion of the said public hearing, the City Council shall make such alterations, deletions or additions to the budget as
proposed, is in the public interest, and thereafter, it shall approve the budget as revised. Such approval shall take place prior to the commencement of the fiscal year to which such budget relates. Upon its
adoption, by the affirmative votes of at least three (3) members of the City Council, the budget shall be in effect for the ensuing fiscal year. The budget as approved shall be filed with the City Clerk, and shall be
reproduced and copies made available for the use of the public and of departments, officers and agencies of the City.
At any meeting after the adoption of the budget, the City Council may amend or supplement the budget, by motion, adopted by the affirmative votes of at least three (3) members of the City Council.
Section 902. - Budget. Appropriations.
From and after the effective date of the budget if adopted by ordinance, the several amounts stated
therein as proposed expenditures, shall be deemed appropriated to the several departments, offices and agencies for the respective objects and purposes therein stated. All appropriations shall lapse at the end
of the fiscal year to the extent that they shall have been expended or lawfully encumbered.
Section 903. - Tax levies.
The City Council shall have the authority to levy general and special taxes in the same time, manner and amount as is now, or hereinafter, authorized by general law. In addition, the City Council shall have
the authority to levy any and all taxes as may be permitted for chartered cities. Such taxes which may be levied include, but are not limited to, business taxes; transient occupancy taxes; mining, excavation, and
processing taxes; and admission taxes on fees charged for admission to public events within the City. The operations subject to the mining, excavation, and processing taxes shall be as defined in Article XIII
of this Charter. It is expressly understood that the enactment or amendment of this section does not create new legal authority but is declaratory of existing law. This provision shall not be deemed to
invalidate any tax imposed prior to the enactment or amendment of this section. (Amended by Measure A, passed by the voters at the election of 6/3/97)
Section 904. - Imposition of other taxes.
The City Council may, by ordinance, impose any other tax, in addition to those specifically referred to
in this Charter, if such tax can lawfully be imposed by a charter or general law city by virtue of the Constitution of the State, or by virtue of any general law.
Section 905. - Tax procedure.
The procedure for the assessment, levy and collection of all municipal taxes and special
assessment, shall be prescribed by ordinance of the City Council.
Section 906. - Debt.
The City may incur debts, issue bonds, enter into long term leases or contracts, or otherwise financially obligate itself over one or more years, in the manner as is authorized by general law.
Section 907. - Claims against the City.
Claims for money or damages against the City or any officer or employee thereof, and civil actions to
enforce the same, shall be presented, filed and acted upon in the time and manner as is prescribed by the Government Code of the State of California, as the same now exists, or may hereafter be amended.
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Section 908. - Payment of claims and demands.
The City Council, by ordinance, shall provide for the method and manner for the approval and
payment of claims and demands against the City.
ARTICLE X - BOARD OF EDUCATION
Section 1000. - Effect of Charter on school districts.
The adoption of this Charter shall not have the effect of creating any new school district nor shall the
adoption of this Charter have any effect upon the existence, the boundaries or manner of operation of any school district located within the boundaries of the City, wholly or partially, as of the effective date of this
Charter. Each such present school district shall continue in existence subject, in all respects, to the provisions of the Constitution and the laws of the State of California, as the same now exist or hereafter
may be amended.
Section 1001. - Application of state law.
The manner, the time, tenure and terms of office, with reference to the members of Boards of Education of such school districts, their qualifications, compensation and removal and the number which
shall constitute any one of such boards, shall continue to be as prescribed by the Constitution and laws of the State of California, as the same now exist or may hereafter be amended.
ARTICLE XI - CITY BOARDS AND COMMISSIONS
Section 1100. - Creation of commissions.
The City Council, by ordinance, may create such permanent or temporary boards or commissions, as it finds, in its judgement, are required to assist in the performance of any municipal function.
Section 1101. - Enabling ordinances.
An ordinance establishing a board or commission shall specify the following:
(a) the number of members comprising such commission or board; and
(b) their term of office; and
(c) the powers and duties assigned to the board or commission; and
(d) the conditions under vacancies in membership shall occur automatically; and
(e) the qualifications for appointment to such board or commission; and
(f) such other matters as may be necessary, in the judgement of the Council, to enable the
commission to perform its assigned functions.
Section 1102. - Appropriation of funds.
The City Council in its annual budget shall include an appropriation of funds for each board or
commission, in such amounts as it deems adequate for the performance of the functions assigned to such bodies.
Section 1103. - Appointment and removal of members.
Members of all commissions and boards of the City shall be appointed by the City Council and shall
serve at the pleasure of said City Council. Such appointments shall be made, by resolution, adopted by the affirmative votes of not less than three (3) members of the City Council. Any member of a board or
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commission may be removed, with or without cause, at any time by the affirmative vote of three (3) members of the City Council.
Any vacancy on any board or commission, from whatever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring leaving
an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.
Section 1104. - Meetings. Conduct of.
The meetings and acts of all commissions and boards, and members thereof, of the City, shall be
conducted and taken in accordance with the provisions of the "Brown Act." Each board or commission may adopt by resolution, rules for the conduct of its meetings, a copy of which shall be filed with the City
Clerk.
Section 1105. - Compensation. Expenses.
The City Council, by resolution, may provide for reimbursement for expenses and insurance coverage of board or commission members.
Section 1106. - Secretary. Records.
The City Manager shall provide the secretarial services for each board or commission. The City
Manager shall insure the adequate preparation of the minutes of board or commission meetings and shall maintain permanent files containing copies of the minutes as provided by each such board or
commission, and other records relating thereto.
Section 1107. - Existing commissions.
Members of existing boards and commissions holding office as such, as of the effective date of this Charter, shall continue to hold such office thereafter until their respective terms shall expire and their
successors shall be appointed and qualified or until they have been removed as set forth herein.
ARTICLE XII - VIOLATIONS - VALIDITY
Section 1200. - Violations.
The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding $500.00 or by imprisonment for a term of not exceeding six (6)
months, or by both such fine and imprisonment.
Section 1201. - Validity.
If any provision of this Charter, or the application thereof to any person or circumstance, is held judicially invalid, the remainder of the Charter, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
ARTICLE XIII - MITIGATION OF NEGATIVE ENVIRONMENTAL IMPACTS OF MINING OPERATIONS
As a charter city, the City has the authority to enact legislation in the areas of its municipal affairs, including zoning and land use regulations, business regulations, taxes and fees relating to municipal
finance, and the provision of municipal services including sewer, water, fire, police, public works, and similar services. This Article is not intended to interfere with any subject matter of statewide concern and
is preemptive only of matters which are municipal affairs, and shall be so construed. The City, through the general plan process, is enabled to develop programs and plans to incorporate the policies expressed in
this Article.
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As used in this Article, the term mining and processing includes excavation, quarrying, rock crushing, and processing of sand, rock, gravel, minerals, and soil, whether such material is natural, excavated,
imported, exported, removed, relocated, treated, or otherwise dealt with in any manner, including any sand, gravel, rock, minerals, or soil imported and processed or treated upon, from, to, on, in, or about any
property in the City. The term also includes the reclamation of any sites devoted to the foregoing processes.
Mining and processing operations, which have occurred and are presently continuing, which cover 83 percent of the non-publicly-owned land area of the City, impose severe negative environmental impacts
upon City residents, businesses, properties, and visitors. These impacts include, but are not limited to, degradation of air quality; deterioration of streets and other public infrastructure facilities due to heavy
truck traffic; public health and safety hazards caused by access routes, traffic volumes, and usage conflicts; increased noise; danger of slope failure and erosion due to exposure of uncemented granular
earth materials; land subsidence; aesthetic and safety concerns related to security fencing and other barriers; health hazards created by disruption and contamination of ground water aquifers and increased
airborne particulates; residual hazards to public health and safety; loss of developable property for alternative land uses; decreased property values; and a decline of aesthetic characteristics in the City as
a whole.
The City has complete authority to regulate the mitigation of negative environmental impacts imposed on
the City by mining and processing operations. To this end, the City may establish and enforce comprehensive regulations relating to mining and processing operations, establishment of new mines,
expansion of existing mines, closure of mines, and all environmental impacts associated with the establishment, operation, maintenance, expansion, continuance, and discontinuance of mining and
processing activities. These regulations may include measured dealing with mineral resource management, financial assurance and security, reclamation of property, nonconforming use rights,
abandonment of use, contaminants and mining waste, drainage, erosion control, slope stability, depth of excavation, access, traffic, dust control and emissions, duration of use, health hazards, inspection,
enforcement, penalties, and other related matters necessary to alleviate the impacts described above.
The foregoing regulations may be established through the general plan, including the conservation and
land use elements, and any zoning, specific plans, or development agreements established pursuant thereto, and any ordinances or programs adopted by the City Council to effectuate the provisions of this
Article and the General Plan. These regulations shall balance mineral values against alternative land uses, as provided in state law, and to this end can develop financial data to evaluate the mineral value.
The City may also establish and impose mitigation fees payable by owners and operators of mining and processing operations to reimburse the City for costs incurred in connection with such operations,
including but not limited to the costs of studying, quantifying, analyzing, and correcting negative environmental impacts, repairing and improving streets and other public infrastructure facilities, cleaning
and removing sand, gravel, and particulate debris from public rights-of-way and properties, implementing slope stability and erosion control measures for safety purposes, establishing fencing and other barriers
for security and safety, mitigating water quality impacts, and funding mine closure studies and activities, such that any mines which are closed will be converted into property which us useable and developable
for commercial, industrial, residential, or recreational uses.
State law recognizes that local agencies play a critical role in the regulation of mining and processing
operations, and protects and enhances that role. State law establishes priorities for the expenditure of funds in connection with mining regulation, including protection of public health and safety and the
environment from the adverse environmental effects of past mining practices, protection of property in danger from mining practices, and restoration of land and water resources previously degraded from the
adverse effects of mining practices. The City hereby establishes the same priorities.
It is the City's ultimate goal that the mining and processing operations are so conducted as to be a good
neighbor to persons residing or working in the City and that at such time as a mining or processing use is discontinued, the property be restored to a useable condition which is readily adaptable to alternate land
uses and will create no danger to public health or safety. The City of Irwindale cannot ultimately be a
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successful community unless the 83 percent of its non-publicly-owned land area that has been and is presently devoted to mining and processing operations is making a positive contribution to the community
as provided for under this Article.
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CHARTER FOR THE
CITY OF CERRITOS
CHARTER FOR THE CITY OF CERRITOS
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CHARTER FOR THE
CITY OF CYPRESS
CHARTER FOR THE CITY OF CYPRESS
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CHARTER
CITY OF CYPRESS
We, the People of the City of Cypress, State of California, do ordain and establish
this Charter as the organic law of the City under the Constitution of the State of California.
ARTICLE I INCORPORATION AND SUCCESSION
Section 100. Name and Boundaries. The City of Cypress, hereinafter termed the
City, shall continue to be a municipal corporation under its present name, “City of
Cypress". The boundaries of the City shall be as established at the time this Charter takes
effect, or as they may be changed thereafter in the manner authorized by law.
Section 101. Rights and Liabilities of the City. The City shall continue to own,
possess, and control all rights and property of every kind and nature owned, possessed,
or controlled by it at the time this Charter takes effect and shall be subject to all its legally
enforceable debts, obligations, liabilities, and contracts.
Section 102. Ordinances, Codes and Other Regulations. All ordinances, codes,
resolutions, regulations, or portions thereof, in force at the time this Charter takes effect,
and not in conflict or inconsistent herewith, shall continue in force until they shall have
been duly repealed, amended, changed, or superseded by proper authority as provided herein.
Section 103. Officers and Employees. Subject to the provisions of this Charter,
the present officers and employees shall continue to perform the duties of their respective
offices and employments without interruption and for the same compensations and under the same conditions until the election or appointment and qualification of their successors
and subject to such removal and control as herein provided.
Section 104. Effective Date of Charter. This Charter shall take effect upon its
approval by the Legislature of the State of California, or as otherwise provided by law.
ARTICLE II
POWERS OF CITY
Section 200. Powers. The City shall have all powers possible for a City to have under the Constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Specifically, but not by way of
limitation, the City shall have the power to make and enforce all laws and regulations in
respect to municipal affairs, subject only to such restrictions and limitations as may be
provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by any other
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lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of any particular
power, duty or procedure shall not be held to be exclusive of, or any limitation or restriction
upon, this general grant of power.
Section 201. Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly
or in cooperation, by contract or otherwise, with any one or more cities, counties, states,
or civil divisions or agencies thereof, or the United States or any agency thereof.
ARTICLE III FORM OF GOVERNMENT
Section 300. Form of Government. The municipal government established by this
Charter shall be known as the “Council-Manager” form of government.
ARTICLE IV THE CITY COUNCIL
Section 400. City Council. The City Council, hereinafter termed “Council”, shall
consist of five Councilmen elected to office from the City at large in the manner provided in this Charter. The term of office shall be four years. Alternatively, and successively, three four-year terms shall be filled at one general municipal election and two four-year
terms at the next such election, consistent with the sequence of terms of Councilmen
existing on the effective date hereof. The term of a Councilman shall commence on the
first Tuesday following his election and he shall serve until his successor qualifies. Any ties in voting shall be settled by the casting of lots.
Each Councilman in office at the time this Charter takes effect shall continue in
office until the end of the term for which he was elected or appointed. [Repealed
November 8, 1977] Section 400. City Council. The Except as provided by an ordinance that is
consistent with the general laws of the State, the City Council, hereinafter termed
“Council”, shall consist of five Councilmen elected to office from the City at large in the
manner provided in this Charter. The term of office shall be four years. Alternatively Except as provided by an ordinance that is consistent with the general laws of the State, alternatively, and successively, three four-year terms shall be filled at one general
municipal election and two four-year terms at the next such election, consistent with the
sequence of terms of Councilmen existing on the effective date hereof. The term of a
Councilman shall commence on the first Tuesday following his election and he shall serve until his successor qualifies. Any ties in voting shall be settled by the casting of lots. [Amended November 3, 2020]
Each Councilman in office at the time this Charter takes effect shall continue in
office until the end of the term for which he was elected or appointed.
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No person shall be eligible for election or appointment to the Council who, at the
time he would take office, would have previously served on the Council for eight or more
years; provided, however, that service on the Council prior to the effective date of this
provision shall be disregarded in determining eligibility for office. [Amended November 8,
1977]
Section 401. Eligibility. No person shall be eligible to hold the office of Councilman
unless he is a legally registered voter and resident of the City.
Section 402. Compensation. Compensation for Councilmen is hereby set and from time to time shall be changed, in accordance with the schedule applicable to the City
of Cypress set forth in the provisions of the Government Code relating to salaries of
councilmen in general law cities. Such compensation may be increased or decreased by
an affirmative vote of a majority of the voters voting on the proposition at any election.
[Repealed November 8, 1977] Section 402. Compensation. Compensation for Councilmen is hereby set, and
from time to time shall be changed, in accordance with the schedule set forth in the
Government Code establishing salaries of Councilmen in general law cities, as the same
may from time to time be amended. Such compensation may be increased or decreased by an affirmative vote of a majority of the voters voting on the Proposition at any election. [Amended November 8, 1977]
Section 403. Vacancies, Forfeiture of Office. Filling of Vacancies.
(a) A vacancy shall exist on the Council, and shall be declared by the Council, if a Councilman resigns, is legally removed, dies, or forfeits his office.
(b) A Councilman shall forfeit his office if he (1) lacks at any time while holding
office any qualification for election prescribed by this Charter or by law, (2) violates any provision of this Charter, (3) is convicted of a crime involving moral turpitude, (4) without consent of the Council is absent from all regular Council meetings for a period of sixty
consecutive days and the first regular meeting thereafter, said period to be computed
from the last regular Council meeting he attends. A declaration by the Council of a
vacancy resulting from forfeiture of office shall be subject to judicial review, provided that within two weeks after such declaration an appropriate action, or proceeding, for review is filed in a court having jurisdiction of the action or proceeding. During the pendency of
any such action or proceeding, anyone appointed by the Council to fill such vacancy shall
have all the rights, duties, and powers of a Councilman, and shall continue in such office
as provided herein unless and until said court rules the declaration of the Council invalid and such ruling has become final. [Repealed November 8, 1977]
(b) A Councilman shall forfeit his office if he (1) lacks at any time while holding
office any qualification for election prescribed by this Charter or by law, (2) violates any
provision of this Charter, (3) is convicted of a designated crime as specified in the
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Constitution and laws of the State, (4) without consent of the Council is absent from all regular Council meetings for a period of sixty consecutive days and the first regular
meeting thereafter, said period to be completed from the last regular Council meeting he
attends. A declaration by the Council of a vacancy resulting from forfeiture of office shall
be subject to judicial review, provided that within two weeks after such declaration an
appropriate action, or proceeding, for review is filed in a court having jurisdiction of the action or proceeding. During the pendency of any such action or proceeding, anyone
appointed by the Council to fill such vacancy shall have all the rights, duties, and powers
of a Councilman, and shall continue in such office as provided herein unless and until
said court rules the declaration of the Council invalid and such ruling has become final.
[Amended November 8, 1977]
(c) Any vacancy on the Council shall be filled by a majority vote of the remaining
Councilmen within thirty days after the vacancy occurs. If more than one vacancy exists,
successive appointments shall be made, and each appointee shall participate in any
succeeding appointment. If the Council fails, for any reason, to fill such vacancy within said thirty-day period, it shall forthwith call an election for the earliest possible date to fill such vacancy. A person appointed by the Council to fill a vacancy shall hold office until
the next general municipal election and until his successor qualifies. A Councilman
elected to fill a vacancy shall hold office for the remainder of the unexpired term in a
manner consistent with the general laws of the State. [Amended November 3, 2020] Section 404. Mayor – Mayor Pro Tempore. By the affirmative votes of not less
than three Councilmen, the Council shall elect one of its members as Mayor, and one of
its members at Mayor Pro Tempore, upon the following occasions:
(a) In even numbered years, at the regular Council meeting held for the purpose of canvassing the results of the general municipal election; and
(b) In odd numbered years, at the second regular Council meeting held during the
month of March; or (c) At such other times as a majority of the Council shall so order.
The Mayor shall preside at Council meetings. He shall be the chief official of the
City for all ceremonial purposes. He shall perform such other duties consistent with his office as may be prescribed by the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability.
Neither the mayor nor Mayor Pro Tempore shall be deprived of any of the rights of
Councilmen by reason of his acting as Mayor or Mayor Pro Tempore. [Repealed November 2, 1982]
Section 404. Mayor -- Mayor Pro Tempore. By the affirmative votes of not less
than three Councilmen, the Council shall elect one of its members as Mayor and one of
its members as Mayor Pro Tempore, upon the following occasions:
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(a) In even-numbered years, at the Council meeting held for the purpose of
canvassing the results of the general municipal election; and
(b) In odd-numbered years, at the first regular Council meeting held at least one
year after the Council meeting held for the purpose of canvassing the results of the last general municipal election; and
(c) At such other times as a majority of the Council shall so order. The Mayor
shall preside at Council meetings. He shall be the chief official of the City for all ceremonial
purposes. He shall perform such other duties consistent with his office as may be prescribed by the Council. The Mayor Pro Tempore shall perform the duties of the Mayor
during his absence or disability.
Neither the Mayor nor Mayor Pro Tempore shall be deprived of any of the rights of
Councilmen by reason of his acting as Mayor or Mayor Pro Tempore. [Amended November 2, 1982]
Section 405. Powers Vested in the Council. All powers of the City shall be vested
in the Council except as otherwise provided in this Charter.
Section 406. Prohibitions.
(a) No Councilman shall hold any other City office or City employment, and no
former Councilman shall hold any compensated City office or City employment until two
years after leaving the office of Councilman. (b) Neither the Council nor any of its members shall interfere with the execution by
the City Manager of his powers and duties, or order, directly or indirectly, the appointment
by the City Manager or by any of the departmental officers in the administrative service
of the City, of any person to an office or employment or his removal therefrom. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the Council
nor any member thereof shall give orders to any subordinates of the City Manager, either
publicly or privately.
Section 407. Regular Meeting of the Council. The Council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution.
At any time a regular meeting falls on a holiday, such meeting shall be held on the next
business day.
Section 408. Special Meetings. Special meetings may be called at any time in the manner prescribed by the general laws of the State.
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Section 409. Adjourned Meetings. Any regular, adjourned regular, special, or adjourned special meeting may be adjourned to a time and place specified in the order of
adjournment. Any adjourned regular meeting is a regular meeting for all purposes.
Section 410. Quorum. Subject to other provisions of this Charter, three
Councilmen shall constitute a quorum to do business, but a lesser number may adjourn
from time to time or compel the attendance of other Councilmen in such a manner and under such penalties as the Council may have provided. Except as otherwise provided
herein, all Council action shall be by majority vote of those members present and voting.
Section 411. Open Meetings. Ralph M. Brown Act. All meetings of the Council
shall be open to the public, provided the Council may adjourn to an executive session as provided by law. The provisions of the Ralph M. Brown Act, commencing with Section
54950 of the Government Code, shall apply to all meetings of the Council.
Section 412. Place of Meetings. All Council meetings shall be held in the Council
Chamber of the City Hall, or in a place to which any meeting may be adjourned. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the Council Chamber, the meetings may be held for the duration of the emergency at a place
designated by the Mayor, or if he should fail to act, by three members of the Council.
[Repealed November 8, 1977]
Section 412. Place of Meetings. All regular Council meetings shall be held in the Council Chamber of the City Hall, or in a place to which any meeting may be adjourned.
If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the Council
Chamber, the meetings may be held for the duration of the emergency at a place
designated by the Mayor, or if he should fail to act, by three members of the Council. [Amended November 8, 1977]
Section 413. Proceedings. The Council shall cause the City Clerk to keep a correct
record of all its proceedings. The Council may establish rules for the conduct of its
proceedings. It may evict any member or other person for disorderly conduct at any of its meetings. Each member of the Council shall have the power to administer oaths and affirmations in any proceeding pending before the Council. The Council shall have the
power to compel the attendance of witnesses, to examine them under oath, and to compel
the production of evidence before it. Subpoenas shall be issued in the name of the City,
signed by the Mayor, and attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify, shall constitute a misdemeanor; the Mayor shall report such disobedience to a judge of a court of competent jurisdiction for further proceedings.
Upon adoption of any ordinance, resolution, or order for payment of money, or
upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. [Repealed November 8, 1977]
Section 413. Proceedings. The Council shall cause the City Clerk to keep a correct
record of all its proceedings. The Council may establish rules for the conduct of its
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proceedings. It may evict any member or other person for disorderly conduct at any of its meetings. Each member of the Council shall have the power to administer oaths and
affirmations in any proceeding pending before the Council. The Council shall have the
power to compel the attendance of witnesses, to examine them under oath, and to compel
the production of evidence before it. Subpoenas shall be issued in the name of the City,
signed by the Mayor, and attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify, shall constitute a misdemeanor; the Mayor shall report such
disobedience to a judge of a court of competent jurisdiction for further proceedings.
Upon enactment of any ordinance or of any resolution or order for payment of
money, or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the
meeting. [Amended November 8, 1977]
Section 414. Citizen Participation. Subject to the rules governing the conduct of
Council meetings, any citizen, personally or through counsel, shall have the right to present grievances at any regular meeting of the Council or offer suggestions for the betterment of municipal affairs.
Section 415. Adoption of Ordinances and Resolutions. With the exception of
ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the Council on the day of its introduction, nor within five days thereafter. At the time of its introduction an ordinance shall become a part of the proceedings of such
meeting in the custody of the City Clerk. At the time of adoption of an ordinance or
resolution it shall be read in full, unless after the reading of the title thereof the further
reading thereof is waived by unanimous consent of the Councilmen present. In the event that any ordinance is altered after its introduction, it shall not be finally adopted except at a meeting held not less than five days after the date upon which such ordinance was
altered. Correction of a typographical or clerical error shall not constitute an alteration
within the meaning of the foregoing sentence.
Unless otherwise required by this Charter, the affirmative votes of at least three Councilmen shall be required for the enactment of any ordinance or resolution, or for the
making or approving of any order for the payment of money.
All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.
Any ordinance declared by the Council to be necessary as an emergency measure
for preserving the public peace, health, or safety and containing a statement of the
reasons for its urgency, may be introduced and adopted at one and the same meeting if it is passed by at least four affirmative votes. [Repealed November 8, 1977]
Section 415. Adoption of Ordinances and Resolutions. With the exception of
ordinances which take effect upon adoption, referred to in this Article, no ordinance shall
be adopted by the Council on the day of its introduction, nor within five days thereafter.
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At the time of its introduction, an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. Ordinances and resolutions need not be
read in full prior to enactment, and may be enacted by title only, unless a Councilman
requests a full reading thereof. In the event that any ordinance is altered after its
introduction, it shall not be finally adopted except at a meeting held not less than five days
after the date upon which such ordinance was altered. Correction of a typographical or clerical error shall not constitute an alteration within the meaning of the foregoing
sentence.
Unless otherwise required by this Charter, the affirmative votes of at least three
Councilmen shall be required for the enactment of any ordinance or of any resolution or order for the payment of money.
All ordinances and resolutions shall be signed by the Mayor and attested by the
City Clerk.
Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the
reasons for its urgency, may be introduced and adopted at one and the same meeting if
it is passed by at least four affirmative votes. [Amended November 8, 1977]
Section 416. Ordinances. Publication. The City Clerk shall cause each ordinance to be published at least once in the official newspaper within fifteen days after its adoption;
provided, however, that when the publication of an ordinance would not other wise be
required solely pertains to the municipal affairs of the City, except as otherwise provided
by the general laws this Charter or by ordinance of the State Council, the Clerk shall may post the ordinance in at least three public places in the City as designated by the Council and posted on the City’s online presence in lieu of such publication. [Amended November
3, 2020]
Section 417. Adoption of Codes by Reference. Detailed regulations, pertaining to any subject, when arranged as a comprehensive code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the
manner required for the enactment of ordinances. Copies of any adopted code of
regulations shall be made available for purchase at a reasonable price.
Section 418. The Cypress City Code. The Code of the City of Cypress may be amended, repealed, or added to in whole or in part by ordinance. Said Code may be
rearranged and renumbered and thereupon adopted by reference in the same manner as
set forth in Section 417, above.
Section 419. Ordinances. When Effective. An ordinance shall become effective on the thirty-first day after its adoption, or at any later date specified therein, except the
following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election.
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(b) An ordinance declaring the amount of money necessary to be raised by
taxation, fixing the rate of taxation, levying the annual tax upon property, or levying any
other tax.
(c) An emergency ordinance adopted in the manner provided for in this Chapter.
(d) Any ordinance adopted after January 1, 1998 relating to the Council’s
planning agency powers shall take effect when authorized by the affirmative votes of a
majority of the voters voting at an election pursuant to Section 800 and 801. [Amended
November 3, 1998]
Section 420. Publishing of Legal Notices. Prior to the beginning of each fiscal year,
the Council shall solicit bids and contract for the publication of all The publication of legal
notices or other matter required to be published in a newspaper of general circulation,
during the ensuing fiscal year. If there is only one newspaper of general circulation printed
and published in matters solely pertaining to the municipal affairs of the City, then the Council shall have the power to contract with such newspaper for the publishing of such legal notices and other matter without soliciting bids therefor. The newspaper with which
the Council so contracts shall be deemed to be the official newspaper. [Amended
November 3, 2020]
If there is no newspaper of general circulation in the City, except as provided otherwise in this Charter or if such a newspaper will not contract with the City at rates
which do not exceed those charged private persons, and the Council has not designated
an official newspaper, then such notices and other matter, and notices required to be
published in the official newspaper by ordinance of the Council, may be published accomplished by (1) posting copies thereof at three or more public places in the City as designated by the Council and posted on the City’s website; (2) publishing thereof in the
official newspaper; or (3) a combination of (1) and (2). [Amended November 3, 2020]
The publication of legal notices or other matters that do not solely pertain to the municipal affairs of the City shall be published in a manner consistent with applicable law. [Amended November 3, 2020]
The newspaper with which the Council contracts for the publication of legal notices
shall be deemed to be the official newspaper. [Amended November 3, 2020] No defect or irregularity in proceedings taken under this section, or failure to
designate an official newspaper, shall invalidate any publication where the same is
otherwise in conformity with this Charter or law. [Amended November 3, 2020]
ARTICLE V CITY CLERK
Section 500. City Clerk. There shall be a City Clerk who shall be appointed by,
and serve at the pleasure of the Council.
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Section 501. Powers and Duties. The City Clerk shall:
(a) Attend all meetings of the Council and be responsible for the recording and
maintaining of a full and true record of all of the proceedings of the Council in books that
shall bear appropriate titles and be devoted to such purpose.
(b) Maintain separate books, in which shall be recorded respectively all ordinances
and resolutions, with the certificate of the Clerk annexed to each document stating that
said document is the original or a correct copy, and with respect to an ordinance, stating
that said ordinance has been published or posted in accordance with this Charter; all of said books shall be properly indexed and open to public inspection when not in actual
use.
(c) Maintain separate books, in which a record shall be made of all written contracts
and official bonds. (d) Be the custodian of the seal of the City.
(e) Administer oaths or affirmations, take affidavits and depositions pertaining to
the affairs and business of the City and certify copies of official records. (f) Conduct all City elections.
(g) Perform such other duties as may be prescribed by the Council.
ARTICLE VI CITY MANAGER
Section 600. City Manager. Selection and Qualifications. There shall be a City
Manager who shall be the chief administrative officer of the City. The Council shall appoint the person who it believes to be best qualified on the basis of his executive and administrative qualifications, with special reference to his experience in, and his
knowledge of, accepted practice in respect to the duties of the office as set forth in this
Charter.
The City Manager shall engage in no other business or occupation except as may be permitted by the affirmative vote of four members of the Council. He shall establish his
residence within the City within ninety days after his appointment, unless such period is
extended by the Council, and thereafter maintain his residence within the City during his
tenure of office. [Repealed November 5, 2002] The affirmative vote of a majority of the members of the Council shall be required
to remove the City Manager from office, provided the City Manager shall not be removed
by the Council within 90 days after a councilmanic election. The Council may by ordinance
adopt procedures for the removal of the City Manager from office.
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Section 601. City Manager. Powers and Duties. The City Manager shall be
responsible to the Council for the proper administration of all affairs of the City. Without
limiting the foregoing general grant of powers, responsibilities and duties, the City
Manager, subject to the provisions of this Charter and any regulations adopted pursuant
thereto, shall:
(a) Appoint and remove administrative officers, except those appointed by the
Council, and when he deems it necessary for the good of the service suspend or remove
any employee.
(b) Direct and supervise the administration of all departments, offices, and
agencies of the City.
(c) Prepare and submit the annual budget and capital program to the Council, and
be responsible for administration of the annual budget and capital program after its
adoption. (d) Prepare and submit to the Council as of the end of the fiscal year a
comprehensive report on the finances and administrative activities of the City for the
preceding year.
(e) Make such other reports as the Council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision.
(f) Keep the Council advised of the financial condition and future needs of the City
and make such recommendations as may seem to him desirable. (g) Prepare rules and regulations governing the contracting for, purchasing,
storing, distribution, and disposal of, all supplies, materials, and equipment required by
any office, department, or agency of the City government and recommend them to the
Council for adoption. (h) See that all laws, provisions of this Charter, and acts of the Council, subject to
enforcement by him or by officers subject to his direction and supervision, are faithfully
executed.
(i) Perform such other duties as may be prescribed by the Council.
Section 602. Manager Pro Tempore. The City Manager shall appoint, subject to
the approval of the Council, one of the other officers of the City to serve as Manager Pro
Tempore during any temporary absence or disability of the City Manager. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his disability shall
cease.
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ARTICLE VII OFFICERS AND EMPLOYEES
Section 700. Administrative Departments.
(a) The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices,
and agencies except that no function assigned by this Charter to a particular department,
office, or agency may be discontinued or, unless this Charter specifically so provides,
assigned to any other.
(b) Except as otherwise provided by this Charter, all departments, offices, and
agencies under the direction and supervision of the City Manager shall be administered
by an officer appointed by and subject to the direction and supervision of the Manager.
With the consent of the Council, the Manager may serve as the departmental
administrator of one or more such departments, offices, or agencies or may appoint one person as the departmental administrator of two or more of them.
(c) The Council may provide for the number, titles, qualifications, powers, duties,
and compensation of all officers and employees.
(d) Appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence
of competence.
Section 701. City Attorney. Powers and Duties. There shall be a City Attorney who shall be appointed and subject to removal by a majority vote of the entire Council. Under the administrative direction of the City Manager, he shall serve as chief legal adviser to
the Council, the City Manager, and all City departments, offices, and agencies; he shall
represent the City in all legal proceedings and shall perform such other duties as may be
prescribed by the Council. Section 702. Director of Finance. There shall be a Director of Finance who shall:
(a) Have charge of the administration of the financial affairs of the City under the
direction of the City Manager. (b) Compile the budget expense and income estimates, and supply data for the
capital program as requested by the City Manager.
(c) Maintain a general accounting system for the City government and each of its offices, departments, and agencies.
(d) Supervise and be responsible for the disbursement of all moneys and have
control of all expenditures to insure that budget appropriations are not exceeded; audit all
purchase orders before issuance; audit and approve before payment, all bills, invoices,
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payrolls, demands or charges against the City government and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such
claims, demands, or charges.
(e) Supervise the collection, receipt, and the deposit of all moneys payable to the
City in a depository designated by the Council or by the City Manager, if the Council has not acted, and in compliance with all applicable laws.
(f) Submit a complete financial statement and report at the end of each fiscal year.
(g) Supervise the keeping of current inventories of all property of the City by all City departments, offices, and agencies.
(h) Perform such other duties as may be prescribed by the Council.
Section 703. Treasurer. There shall be a Treasurer who shall be appointed and
may be removed by the Council. The Treasurer shall perform those duties required by law, assigned by the Director of Finance, and those provided by ordinance or resolution.
Section 704. Planning Director Director of Community Development. There shall
be a Director of Planning Community Development who shall:
(a) Advise the City Manager on any matter affecting the physical development of the City.
(b) Formulate and recommend to the City Manager modifications of the City's
general plan. (c) Review and make recommendations regarding proposed Council action
implementing the general plan.
(d) Participate in the preparation and revision of the Capital Program. (e) Advise the City Planning Commission or City Planning Agency in the exercise
of its responsibilities and in connection therewith provide necessary staff assistance.
(f) Perform such other duties as may be prescribed by the Council. [Amended November 2, 2004].
Section 705. Departmental Administrators. Appointive Powers. Each
departmental administrator shall have the power to appoint, supervise, suspend or
remove such assistants, deputies, subordinates, and employees as are provided for by the Council for his department, subject to approval of the City Manager and subject to the civil service provisions of the City and the rules and regulations promulgated thereunder.
Section 706. Personal Financial Interest. Except as permitted by the Government
Code, any City officer or employee who has a financial interest in any contract with the
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City or in the sale of any land, materials, supplies, or services to the City or to a contractor supplying the City shall make known that interest and shall refrain from voting upon or
otherwise participating in or influencing the making of such sale or the making or
performance of such contract. Any City officer or employee who willfully conceals such a
financial interest or willfully violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge, express or implied, of the person or corporation contracting
with or making a sale to the City shall render the contract or sale voidable by the City.
Section 707. Administering Oath. Each departmental administrator and such of
his deputies as he may designate shall have the power to administer oaths and affirmations in connection with any official business pertaining to his department.
Section 708. Official Bonds. The Council shall fix by ordinance or resolution the
amounts and terms of the official bonds of all officers or employees who are required by
ordinance or resolution to give such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City.
There shall be no personal liability upon, or any right to recover against, a superior
officer, or his bond, for any wrongful act or omission of his subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission.
ARTICLE VIII
BOARDS AND COMMISSIONS
Section 800. In General. Subject to the limitations imposed herein, the boards and commissions heretofore established by the Council shall continue to exist and exercise
the powers and perform the duties conferred upon them; provided, however, that the
Council may by ordinance abolish any and all of said boards and commissions and may
alter the structure, membership, powers and duties thereof. In addition, the Council may create by ordinance such boards or commissions as
in its judgment are required and may grant to them such powers and duties as are not
inconsistent with the provisions of this Charter, except however, any ordinance or
resolution of the Council which delegates any of the Council’s planning agency powers, or which establishes a planning commission, administrative body or hearing officer(s), or any other board or commission to perform the functions of a planning agency, shall not
take effect until authorized by the affirmative votes of a majority of the voters of the City
voting at an election. Further, any ordinance or resolution adopted after January 1, 1998
which delegates any of the Council’s planning agency powers or establishes any planning commission, administrative body or hearing officer(s), or other board or commission to perform the functions of a planning agency shall be suspended subject to voter approval.
[Amended November 3, 1998]
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Section 801. Appropriations. The Council shall include in its annual budget such appropriations of funds as the Council shall determine to be sufficient for the efficient and
proper functioning of boards and commissions, except, however, in no case may any
appropriation of City funds be made for any planning commission, administrative body,
hearing officer(s), or board or commission formed under Section 800, or any community
advisory board to perform the functions of a planning agency, unless a full fiscal analysis of costs, including estimated hourly costs for existing City officers or employees, and for
new officers or employees, to administer such an entity, is provided to the voters at the
election specified in Section 800. In the case of an entity approved by the voters pursuant
to Section 800, the total aggregate appropriation in subsequent fiscal years may not
exceed the cost analysis provided to the voters, except the appropriation may be increased at the annual rate of inflation as determined by the consumer price index.
[Amended November 3, 1998]
Section 802. Appointments. Terms. The number of members of boards and
commissions shall be specified by the Council. Except as otherwise provided by ordinance, each member of each board or commission shall be appointed for a term of four years and shall serve until his successor qualifies. All such appointments shall be
made, and appointees shall be subject to removal, by motion of the Council adopted by
at least three affirmative votes. In the event an incumbent is removed or otherwise
vacates his office, his successor shall be appointed for the unexpired term of said office. [Repealed November 8, 1977]
Section 802. Appointments. Terms. The number of members of boards and
commissions shall be specified by the Council. Except as otherwise provided by
ordinance, each member of each board or commission shall be appointed for a term of four years and shall serve until his successor qualifies. All such appointments shall be made and appointees shall be subject to removal of the Council adopted by at least three
affirmative votes. In the event an incumbent is removed or otherwise vacates his office,
his successor shall be appointed for a full four-year term. [Amended November 8, 1977]
[Repealed November 5, 2002] Section 802. Appointments. Terms. The number of members of boards and
commissions shall be specified by the Council. Except as otherwise provided by
ordinance, each member of each board or commission shall be appointed for a terms of
four years and shall serve until his successor qualifies. All such appointments shall be made and appointees shall be subject to removal of the Council adopted by at least three affirmative votes. In the event an incumbent is removed or otherwise vacates his office,
his successor shall be appointed for the unexpired term of said office. [Amended
November 5, 2002]
Section 803. Existing Membership. The members of the boards and commissions
holding office when this Charter takes effect shall continue to hold office thereafter until
their respective terms of office shall expire and until their successors are appointed and
qualify.
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Section 804. Meetings. Chairmen. As soon as practicable, following the first day
of July of every year, each of such boards and commissions shall organize by electing
one of its members as presiding officer, and another as chairman pro tempore, to serve
at the pleasure of such board or commission. Each board or commission shall hold regular
meetings as the Council may require, and such special meetings as otherwise may be necessary. The provisions of Section 411 hereof, relating to the Ralph M. Brown Act, shall
apply to all meetings of said boards and commissions and, subject to the provisions of
said Act, all meetings shall be open to the public.
The City Manager may designate a City employee for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and
transactions. Each board or commission may prescribe its own procedures and rules of
operation which shall be kept on file in the office of the City Clerk where they shall be
available for public inspection. Subject to any regulations and procedures established by
the Council, each board or commission shall have the power to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it, and to administer oaths and affirmations. Disobedience of any subpoena, or refusal to
testify shall be a misdemeanor and such conduct shall be reported to the Mayor and
procedures may be taken pursuant to Section 143, hereof. [Repealed November 8, 1977]
Section 804. Meetings. Chairman. Each board or commission shall hold regular meetings as the Council may require, and such special meetings as otherwise may be
necessary. The provisions of Section 411, hereof, relating to the Ralph M. Brown Act,
shall apply to all meetings of said board and commissions and, subject to the provisions
of said Act, all meetings shall be open to the public. The City Manager may designate a City employee for the recording of minutes for
each of such boards and commissions, who shall keep a record of its proceedings and
transactions. Each board or commission may prescribe its own procedures and rules of
operation, which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Subject to any regulations and procedures established by the Council, each board or commission shall have the power to compel the attendance of
witnesses, to examine them under oath, to compel the production of evidence before it,
and to administer oaths and affirmations. Disobedience of any subpoena, or refusal to
testify shall be a misdemeanor and such conduct shall be reported to the Mayor and procedures may be taken pursuant to Section 413, hereof. [Amended November 8, 1977]
Section 805. Compensation. Vacancies. The members of boards and
commissions shall receive such compensation as may be specified by the Council and
shall also receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council.
Any vacancy in any board or commission, from whatever cause arising, shall be
filled by appointment by the Council. Any appointment to fill such vacancy shall be for the
unexpired portion of such term.
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If a member of a board or commission is absent from three consecutive regular
meetings of such board or commission, unless by permission of such board or
commission expressed in its official minutes, is convicted of a crime involving moral
turpitude, ceases to be a resident of the City, his office shall become vacant and shall be
so declared by the Council. [Repealed November 8, 1977]
Section 805. Compensation. Vacancies. The members of boards and
commissions shall receive such compensation as may be specified by the Council and
shall also receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council.
Any vacancy in any board or commission, from whatever cause arising, shall be
filled by appointment by the Council. Any appointment to fill such vacancy shall be for four
years. [Amended November 8, 1977] [Repealed November 5, 2002] Section 805. Compensation. Vacancies. The members of boards and
commissions shall receive such compensation as may be specified by the Council and
shall also receive reimbursement for necessary traveling and other expenses incurred on
official duty when such expenditures have received authorization by the Council. Any vacancy in any board or commission, from whatever cause arising, shall be
filled by appointment by the Council. Any appointment to fill such vacancy shall be for
the unexpired term of said office. [Amended November 5, 2002]
ARTICLE IX ELECTIONS
Section 900. General Municipal Elections. General municipal elections for the
election of officers and for such other purposes as the Council may prescribe shall be held in the City on the day designated by the Legislature for general municipal elections in general law cities.
Section 901. Special Municipal Elections. Other municipal elections shall be
known as special municipal elections and may be called from time to time by the Council. [Repealed November 8, 1977]
Section 901. Special Municipal Elections. Other municipal elections shall be
known as special municipal elections and may be called from time to time by the Council
on whatever dates the Council deems appropriate regardless of any election dates established by state law. [Amended November 8, 1977]
Section 902. Procedure for Holding Elections. Unless otherwise provided by
ordinance hereafter enacted, all elections shall be held in accordance with the provisions
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of the Elections Code of the State of California for the holding of municipal elections, so far as the same are not in conflict with this Charter.
Section 903. Initiative, Referendum and Recall. There are hereby reserved to the
voters of the City the power of the initiative and referendum, and of the recall of municipal
elective officers. The provisions of the Elections Code of the State of California governing the initiative and referendum, and the recall of municipal officers shall apply so far as the
same are not in conflict with this Charter.
ARTICLE X FISCAL ADMINISTRATION
Section 1000. Fiscal Year. The fiscal year of the City government shall begin on
the first day of July of each year and end on the thirtieth day of June of the following year.
The Council may by ordinance change the fiscal year.
Section 1001. Submission of Budget and Budget Message. On or before the thirty-
first day of May of each year, or at such other time as the Council may prescribe, the
Manager shall submit to the Council a budget for the ensuing fiscal year and an
accompanying message. The Manager's message shall explain the budget both in fiscal terms and in terms
of the work programs. It shall outline the proposed financial policies of the City for the
ensuing fiscal year, describe the important features of the budget, indicate any major
changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position, and include such other material as the Manager deems desirable.
Section 1002. Budget. The budget shall provide a complete financial plan of all
City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Manager deems desirable or the Council may require. In organizing the budget, the Manager shall utilize the most feasible combination
of expenditure classification by fund, organization unit, program, purpose or activity, and
object.
Section 1003. Capital Program. As used in this section a capital improvement shall mean an improvement with an estimated cost in excess of $10,000 and a probable life in
excess of ten years, or such other improvement as may be specified by the Council.
(a) The Manager shall prepare and submit to the Council a five-year capital program at least one month prior to the final date for submission of the budget or such other time as the Council may prescribe.
(b) The capital program shall include:
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1. A clear general summary of its contents;
2. A list of all capital improvements which are proposed to be undertaken during
the five fiscal years next ensuing, with appropriate supporting information as to the
necessity for such improvements;
3. Cost estimate, method of financing and recommended time schedules for each
such improvement; and
4. The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired.
The above information may be revised and extended each year with regard to
capital improvements still pending or in process of construction or acquisition.
Section 1004. Council Action on Budget. The Council shall consider the proposed budget and make any revision thereof that it may deem advisable, and on or before July 1 it shall adopt the budget. Adoption of the budget shall constitute appropriations of the
amounts specified therein as expenditures from the funds indicated. If it fails to adopt the
budget by said date, the amounts appropriated for current operation for the current fiscal
year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. [Repealed November 8, 1977]
Section 1004. Council Action of Budget. The Council shall consider the proposed
budget and make any revision thereof that it may deem advisable; and on or before July 1, or such other date as it shall designate, it shall adopt the budget. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the
funds indicated. If it fails to adopt the budget by said date, the amounts appropriated for
current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal
year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. [Amended November 8, 1977]
Section 1005. Council Action on Capital Program. The Council by resolution shall
adopt the capital program with or without amendment on or before the first day of July of
each year, or at such other time as the Council may designate. Section 1006. Public Records. Copies of the budget and the capital program as
adopted shall be public records and shall be made available to the public at suitable
places in the City.
Section 1007. Amendments After Adoption.
(a) If during the fiscal year the Manager certifies that there are available for
appropriation revenues in excess of those estimated in the budget, the Council by
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resolution may make supplemental appropriations for the year up to the amount of such excess.
(b) If at any time during the fiscal year it appears probable to the Manager that the
revenues available will be insufficient to meet the amount appropriated, he shall report to
the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The
Council shall then take such further action as it deems necessary to prevent or minimize
any deficit and for that purpose, it may by resolution reduce one or more appropriations.
(c) At any time during the fiscal year, the Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office, or
agency and, upon written request by the Manager, the Council may by resolution transfer
part or all of any unencumbered appropriation balance from one department, office, or
agency to another.
(d) No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or
by more than the amount of the unencumbered balance thereof. The supplemental
appropriations and reduction or transfer of appropriations authorized by this section may
be made effective immediately upon adoption. Section 1008. Lapse of Appropriations. Every appropriation, except an
appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the
extent that it has not been expended or encumbered. An appropriation for a capital
expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the
appropriation.
Section 1009. Tax Limits. (a) The Council shall not levy a property tax, for municipal purposes, in excess of
One Dollar annually on each One Hundred Dollars of the assessed value of taxable
property in the City, except as otherwise provided in this section, unless authorized by
the affirmative votes of a majority of the voters voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the voters. The number of years that such additional levy is to be made
shall be specified in such proposition.
(b) There shall be levied and collected at the time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the aforesaid tax limit, if no other provision for payment thereof is made:
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1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds or judgments due and unpaid, or to become due during the ensuing fiscal
year, which constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City to the Public Employees Retirement System or other retirement system approved by the Council, for
the retirement of City employees, due and unpaid or to become due during the ensuing
fiscal year.
Section 1010. Tax Procedure. The procedure for the assessment, levy, and collection of taxes upon property, taxable for municipal purposes, may be prescribed by
ordinance of the Council; and in the absence of such an ordinance, the procedure
applicable thereto shall be that prescribed by the general laws of the State.
Section 1011. Bonded Debt Limit. The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent of the total assessed value, for purposes of City taxation, of all taxable real
and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two-thirds of the voters voting on such proposition at any election at which the question is submitted to the voters
and unless in compliance with the provisions of the State Constitution and of this Charter;
provided, however, that if the State Constitution and/or general laws allow a general law
city to incur a bonded indebtedness constituting a general obligation thereof without having first obtained the approval of two-thirds of the voters voting on such a proposition, then the City shall be authorized to incur such a bonded indebtedness in the manner
prescribed by the State Constitution and/or general laws.
Section 1012. Contracts on Public Works. Every project involving an expenditure of more than Three Thousand Five Hundred Dollars (or such other amount as may be prescribed by ordinance) for the construction, improvement, repair or maintenance of
public works shall be let by the Council by contract to the lowest responsible bidder after
notice by publication in the official newspaper by one or more insertions, the first of which
shall be at least ten days before the time for opening bids. Projects for the maintenance or repair of public works are excepted from the
requirements of this paragraph if the Council determines that such work can be performed
more economically by a City department than by contracting for the doing of such work.
The Council may reject any and all bids presented and may readvertise in its discretion.
The Council, after rejecting bids, or if no bids are received, may declare and
determine that, in its opinion, based on estimates approved by the City Manager, the work
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in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least four affirmative
votes of the Council may proceed to have said work done, without further observance of
the provisions of this section.
Such contracts may be let and such purchases made without advertising for bids, if such work shall be deemed by the Council to be of urgent necessity for the preservation
of life, health, or property, and shall be authorized by resolution passed by at least four
affirmative votes of the Council and containing a declaration of the facts constituting such
urgency. [Amended November 2, 2004].
Section 1012. Contracts on Public Works. Unless subject to an exception set forth
in another subparagraph of Section 1012, every project involving an expenditure of more
than Three Thousand Five Hundred Dollars (or such other amount as may be prescribed
by ordinance) for the construction, improvement, repair or maintenance of public works
shall be let by the Council by contract to the lowest responsible bidder after notice by publication occurs at least once and in the official newspaper by one or a manner consistent with Section 420. If publication under this Section 1012 occurs more insertions,
than once, then the first of which publication shall be occur at least ten days before the
time for opening bids. [Amended November 3, 2020]
Projects for the maintenance or repair of public works are excepted from the requirements of this paragraph if the Council determines that such work can be performed
more economically by a City department than by contracting for the doing of such work.
The Council may reject any and all bids presented and may readvertise in its discretion.
The Council, after rejecting bids, or if no bids are received, may declare and
determine that, in its opinion, based on estimates approved by the City Manager, the work
in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least four affirmative votes of the Council may proceed to have said work done, without further observance of
the provisions of this section.
Such contracts may be let and such purchases made without advertising for bids, if such work shall be deemed by the Council to be of urgent necessity for the preservation of life, health, or property, and shall be authorized by resolution passed by at least four
affirmative votes of the Council and containing a declaration of the facts constituting such
urgency.
At its election, the Council may authorize the use of a design-build construction
procurement process for capital improvement projects.
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For capital improvement project maintenance contracts, the Council may award
the contract to the most qualified bidder instead of to the lowest responsible bidder.
[Amended November 2, 2004].
Section 1013. Presentation and Audit of Demands. Any demand against the City
must be in writing and may be in the form of a bill, invoice, payroll, or formal demand.
Each such demand shall be presented to the Director of Finance who shall examine the
same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve
such demand and draw his warrant on the Treasurer therefore, payable out of the proper
fund.
The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant, if any, to the City Manager. The City Manager shall cause the same to be transmitted to the Council which may then approve or
disapprove payment thereof. [Repealed November 8, 1977]
Section 1013. Presentation and Audit of Demands. Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance, or such other official as
the Council may designate, who shall examine the same. If the amount thereof is legally
due and there remains on his books an unexhausted balance of an appropriation against
which the same may be charged, he shall approve such demand and draw his warrant on the Treasurer therefor, payable out of the proper fund.
The Director of Finance, or other designated official, shall transmit such demand,
with his approval or rejection thereof endorsed thereon, and warrant, if any, to the City
Manager. The City Manager shall cause the same to be transmitted to the Council, which may then approve or disapprove payment thereof. [Amended November 8, 1977]
Section 1014. Registering Warrants. Warrants on the Treasurer which are not paid
for lack of funds shall be registered. All registered warrants shall be paid in the order of
their registration when funds therefor are available and shall bear interest from the date of registration at such rate as shall be fixed by the Council by resolution.
Section 1015. Claims Against the City. The Council by ordinance may provide for
conditions precedent to the commencement of any action or proceeding to bringing suit
against the City, its officers, and employees, except as the subject is preempted by State law.
Section 1016. Independent Audit. The City Council shall employ at the beginning
of each fiscal year, a certified public accountant who shall, at such time or times as may
be specified by the City Council, and at such other times as he shall determine, examine
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the books, records, inventories and reports of all officers and employees who receive, handle, or disburse public funds and all such other officers, employees or departments
as the City Council may direct. As soon as practicable after the end of the fiscal year, a
final certified audit and report shall be submitted by such accountant to the City Council,
one copy thereof to be distributed to each member, one to the City Manager, Director of
Finance, Treasurer, and City Attorney, respectively, and three additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by
the general public. [Repealed November 8, 1977]
Section 1016. Independent Audit. The City Council shall employ, at the beginning
of each fiscal year, a certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he shall determine, examine
the books, records, inventories, and reports of all officers and employees who receive,
handle, or disburse public funds and all such other officers, employees or departments
as the City Council may direct. As soon as practicable after the end of the fiscal year, a
final certified audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one each to the City Manager and such other officials as the Council may designate, and three additional copies to be placed
on file in the office of the City Clerk, where they shall be available for inspection by the
general public. [Amended November 8, 1977]
ARTICLE XI FRANCHISES
Section 1100. Granting of Franchises. The Council may grant a franchise to any
person, partnership, corporation, or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions, and limitations of such grant, including the compensation to be paid to
the City therefor. The Council may prescribe by ordinance or resolution the method or
procedure for granting franchises, together with additional terms and conditions for
making such grants. In the absence of such provision, the method provided by the general laws of the State shall apply.
Section 1101. Term of Franchise. No franchise shall be granted for a longer period
than twenty-five years, unless there be reserved to the City the right to take over at any
time the works, plant, and property constructed under the grant at their physical valuation and without compensation for franchise or good will.
Section 1102. Eminent Domain. No franchise or grant of a franchise shall in any
way or to any extent impair or affect the right of the City to acquire the property of the
possessor thereof by purchase or condemnation, and nothing therein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to the property of the possessor of any
franchise. Every franchise granted by the City is granted upon the condition, whether
expressed in the grant or not, that such franchise shall not be given any value before any
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court or other public authority in any proceeding of any character in excess of any amount actually paid by the grantee to the City at the time of the grant.
Section 1103. Procedure for Granting Franchises. Before granting any franchise,
the City Council shall adopt a resolution declaring its intention to grant same and stating
the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set
forth the day, hour, and place when and where any person having an interest in or
objecting to the granting of such franchise may appear before the Council and be heard
thereon. Said resolution shall be published in a manner consistent with Section 420 at
least once, not less than ten days prior to said hearing, in the official newspaper. After hearing all persons desiring to be heard, the Council may by ordinance deny or grant the
franchise on the terms and conditions specified in the resolution, subject to the
referendum of the people. No ordinance granting a franchise shall be adopted as an
emergency ordinance. [Amended November 3, 2020]
ARTICLE XII MISCELLANEOUS
Section 1200. Definitions. Unless the provision or the context otherwise requires,
as used in this Charter: (a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Cypress, and "department”, “board”, “commission”,
“agency”, "officer", “employee” is a department, board, commission, agency, officer, or employee, as the case may be, of the City of Cypress.
(c) "City Code" is the Code of the City of Cypress.
(d) "Council" is the City Council of the City. (e) "Councilman" is a member of the Council.
(f) “Departmental administrator" is the person in charge of a City department.
(g) "Government Code” is the California Government Code as it exists upon adoption of this Charter, or is thereafter amended.
(h) "Law" includes ordinance.
(i) "Officer" is a person holding an elected office, a member of a board or commission, the City Manager, and a departmental administrator or a person acting in his place.
(j) "State" is the State of California.
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(k) "Voter" is a legally registered voter.
(l) The masculine, feminine, and neuter genders shall be interchangeable, as shall
be the singular and plural.
Section 1201. Violations. A violation of this Charter or of any ordinance of the City shall constitute a misdemeanor and may be prosecuted in the name of the People of the
State of California or may be redressed by civil action filed by the City. The maximum fine
or penalty for any violation of a City ordinance shall be the sum of Five Hundred Dollars,
or a term of imprisonment for a period not exceeding six months, or both such fine and
imprisonment.
Section 1202. Validity. If any provision of this Charter, or the application thereof
to any person or circumstance, is held invalid, the remainder of the Charter, and the
application of such provision to other persons or circumstances, shall not be affected
thereby.
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AGENDA REPORT
MEETING DATE: February 28, 2023 Council Item
TITLE: 2022-23 Mid-Year and Year-End Budget Review
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Receive and file the FY2022-23 Mid-Year and Year-End
Report.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The purpose of the Mid-Year Budget Review is to provide the City Council with the
following information:
1. Budget-to-actual results through the first half of the fiscal year;
2. Projections for a balanced budget at fiscal year-end; and
3. Any proposed budget adjustments/recommendations for consideration, if any.
The Mid-Year Budget Review for Fiscal Year (FY) 2022-23 focuses on the City’s
General Fund.
DISCUSSION:
FY 2022-23 as of December 31, 2022
Operating Revenues
As of December 31, 2022, General Fund operating revenues received were $2,954,094,
or 38.7% of the approved budget of $7,641,614.
Operating Expenditures
General Fund operating expenditures through December 31, 2022 are $3,164,838,
which represents 41.5% of the approved expenditures of $7,631,339.
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FY 2022-23 Year-end Projections
Projected Revenues
For this fiscal year, total revenues are projected at $8,980,709, this shows a positive
result of $1,339,095 against the annual budget of $7,641,614. The resulting increase in
primarily from the following:
1. Sale of Property: the City sold the Fire Station resulting in an increase of $1.2M.
2. Charges for Services (increase of $166,000): several projects that had been
delayed due to COVID-19 which include Lewis Group, Greens Group have
started.
3. Increases and decreases in various revenues make up the difference.
As a result of all the variances listed above, the net result is a projected increase in
General Fund revenues of $1,339,095.
Projected Expenditures
Expenditures at June 30th are projected at $7,723,861. City staff is projecting an
overage of $92,522 in year-end expense projections of $7,723,861 vs. approved
expenditures of $7,631,339.
Below is the projected 2022-23 year-end revenue and expense statement for the
General Fund.
Table 1
City of Grand Terrace
FY 2022-23 General Fund Financial Report
Year-end Projection
Approved
Budget
Dec
YTD
Actuals
Year-end
Projection
2021-22
Actuals
Year-end
vs. Appr
Budget
REVENUES
Property Tax 4,481,295 1,491,571 4,466,455 4,579,146 (14,840)
Franchise Fees 635,000 206,229 677,459 639,349 42,459
Other Permits & Fees 104,850 51,827 109,239 102,493 4,389
Sales Tax 1,125,400 437,626 1,102,379 1,185,907 (23,021)
Business License Fees 95,000 25,203 101,877 126,026 6,877
Charges for Services 643,550 365,198 809,681 333,660 166,131
Fines & Forfeitures 66,300 15,716 33,695 73,454 (32,605)
Miscellaneous 80,210 12,928 64,580 2,357 (15,630)
Use of Money & Property 34,660 12,240 35,790 44,251 1,130
County Solid Waste 45,000 17,207 51,205 36,855 6,205
Proceeds from Sale of
Property 0 0 1,200,000 870,601 1,200,000
Motor vehicle Fees 12,000 0 10,000 14,324 (2,000)
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Packet Pg. 391
City of Grand Terrace
FY 2022-23 General Fund Financial Report
Year-end Projection
Approved
Budget
Dec
YTD
Actuals
Year-end
Projection
2021-22
Actuals
Year-end
vs. Appr
Budget
Waste Water Receipts 318,349 318,349 318,349 318,349
0
OPERATING REVENUES 7,641,614 2,954,094 8,980,709 8,326,772 1,339,095
EXPENDITURES
City Council 10-110 119,528 44,249 101,748 55,459 17,780
City Manager
City Manager 10-120 518,944 231,321 461,735 697,166 57,209
Information Tech. 10-380 118,000 67,087 100,377 83,123 17,623
Senior Citizens Prgm 10-805 41,350 23,152 194,343 38,132 (152,993)
Emergency Oper. 10-808 12,000 3,760 10,000 5,749 2,000
690,294 325,320 766,455 824,170 (76,161)
City Clerk
City Clerk 10-125 285,326 137,997 285,797 207,576 (471)
Hist. & Cult. Comm. 10-804 1,800 549 1,049 600 751
287,126 138,546 286,846 208,176 280
City Attorney 10-160 210,000 64,517 186,517 251,955 23,483
Finance 10-140 579,427 285,253 565,630 411,665 13,797
Planning & Dev. Svcs
Building & Safety 10-172 356,778 120,895 280,100 198,791 76,678
Community Events 10-180 0 0 0 0 0
Code Enforcement 10-185 302,311 121,819 251,038 284,707 51,273
Enforcement Prgm 10-187 66,000 41,079 61,659 45,886 4,341
Community Dev. 10-370 476,371 94,763 260,773 324,957 215,598
Planning Comm. 10-801 11,882 2,776 5,990 2,538 5,892
1,213,342 381,332 859,560 856,879 353,782
Public Works
Public Works 10-175 484,164 210,276 564,966 294,840 (80,802)
Facilities Maint. 10-195 70,700 34,512 95,950 61,545 (25,250)
Parks Maint. 10-450 425,886 164,799 578,064 317,329 (152,178)
NPDES 10-625 24,000 24,769 39,769 21,014 (15,769)
Storm Drain Maint. 10-631 4,000 1,807 3,807 4,196 193
1,008,750 436,163 1,282,556 698,924 (273,806)
Law Enforcement 10-410 2,385,996 1,149,188 2,530,427 2,356,772 (144,431)
G.9
Packet Pg. 392
City of Grand Terrace
FY 2022-23 General Fund Financial Report
Year-end Projection
Approved
Budget
Dec
YTD
Actuals
Year-end
Projection
2021-22
Actuals
Year-end
vs. Appr
Budget
Non-Departmental
Non-Departmental 10-190 1,017,425 340,270 1,024,672 947,843 (7,247)
Transfers Out 10-199 160,700 0 160,700 137,766 0
Overhead Alloc. 10-999 (41,250) 0 (41,250) (84,950) 0
1,136,875 340,270 1,144,122 1,000,659 (7,247)
TOTAL EXPENDITURES 7,631,339 3,164,838 7,723,861 6,664,659 (92,522)
REVENUE & EXPENSE SUMMARY
REVENUES 7,641,614 2,954,094 8,980,709 8,326,772 1,339,095
EXPENDITURES (7,631,339) (3,164,838) (7,723,861) (6,664,659) (92,522)
NET 10,275 (210,744) 1,256,848 1,662,113 1,246,573
REVENUE & EXPENSE VARIANCE SUMMARY W/O FIRE STATION PROCEEDS
REVENUE OVERAGE 1,339,095
LESS: FIRE STATION PROCEEDS (1,200,000)
139,095
LESS: EXPENDITURE OVERAGE (92,522)
NET 46,573
FISCAL IMPACT:
There is no fiscal impact to receiving and filing this report.
APPROVALS:
Christine Clayton Completed 02/17/2023 2:14 PM
Finance Completed 02/17/2023 2:14 PM
City Manager Completed 02/23/2023 1:41 PM
City Council Pending 02/28/2023 6:00 PM
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Packet Pg. 393