03/14/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● MARCH 14, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak
card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the
Mayor at the appropriate time and each person is allowed three (3) minutes speaking time.
If you would like to participate telephonically and speak on an agenda item, you can access the meeting
by dialing the following telephone number and you will be placed in the waiting room, muted until it is your
turn to speak:
*67 1-669-900-9128
Enter Meeting ID: 871 7259 8984
Password: 002658
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 March 14, 2023
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Jeff Allen
Council Member Kenneth J. Henderson
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS - NONE
C. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 02/14/2023
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Regular Meeting – 02/28/2023
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 3
4. January 19, 2023, Planning Commission, and December 5, 2022, and February 6,
2023, Historical & Cultural Activities Committee Meeting Minutes Update
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
5. The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
RECOMMENDATION:
That the City Council Approves a Resolution Requested by Cal Cities Opposing the
Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1 and
sends the adopted resolution to BallotMeasures@calcities.org.
DEPARTMENT: CITY MANAGER
6. Amendment No. 5 to Burrtec Agreement Regarding Addition of SB 1383 Services
RECOMMENDATION:
ADOPT RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY OF GRAND
TERRACE CALIFORNIA APPROVING AMENDMENT NO. 5 OF THE INTEGRATED
WASTE MANAGEMENT SERVICE AGREEMENT AUTHORIZING ASSISTANCE TO
COMPLY WITH SENATE BILL 1383, FOOD WASTE REDUCTION AND ORGANICS
RECYCLING REGULATIONS
DEPARTMENT: PUBLIC WORKS
D. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
E. PUBLIC HEARINGS
7. Objective Design Standards for Multi-Family Housing and Mixed Use Developments
RECOMMENDATION:
1. Conduct a public hearing, and
2. Direct the City Attorney to Read the title of the Ordinance, waive further reading, and
introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE AMENDMENT 22-
03 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND
AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY
Agenda Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 4
ADDING CHAPTER 18.64 ESTABLISHING OBJECTIVE DESIGN STANDARD
REQUIREMENTS
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
8. Approve Agreement with Martin Lucio (CSLB# 1031403) for Construction of a New
Trash Enclosure at Veterans Freedom Park
RECOMMENDATION:
1. Approve Agreement with Martin Lucio (CSLB# 1031403) for Construction of a New
Trash Enclosure at Veterans Freedom Park in the amount of $33,000 with a 10%
Contingency ($3,300).
2. Authorize the City Manager to execute the Agreement subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
9. Presentation Regarding General Law Versus Charter Cities
RECOMMENDATION:
Receive and file report or provide other direction
DEPARTMENT: CITY ATTORNEY
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Council Member Sylvia Robles
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
Agenda Grand Terrace City Council March 14, 2023
City of Grand Terrace Page 5
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant
exposure to litigation pursuant to Government Code Section 54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, March 28, 2023, at
6:00 PM. Any request to have an item placed on a future agenda must be made in
writing and submitted to the City Clerk’s office and the request will be processed in
accordance with Council Procedures.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● FEBRUARY 14, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
February 14, 2023, at 6:00 p.m.
Invocation
The Invocation was led by Pastor Rex Arnold from Centerpoint Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Jeff Allen.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Absent
Sylvia Robles Council Member Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Certificate of Appreciation for Santa Clause Toy Drive presented to the City Council by
Grand Terrace Cars & Coffee representative, Johan Gallo.
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 01/24/2023
APPROVE REGULAR MEETING MINUTES FOR JANUARY 24, 2023
3. October 20, 2022, Planning Commission, October 13, 2022, Parks & Recreation
Advisory Committee, and November 7, 2022, Historical & Cultural Activities Committee
Meeting Minutes Update
RECEIVE AND FILE.
4. Community Benefit Fund Grant Award to the Grand Terrace Foundation of Grand
Terrace Youth in the Amount of $2,000.00
APPROVE THE COMMUNITY BENEFIT FUND GRANT APPLICATION IN THE
AMOUNT OF $2,000 TO THE FOUNDATION OF GRAND TERRACE, YOUTH TO
HELP FUND ASSISTANCE IN COLLEGE APPLICATION FEES, SENIOR
INSPIRATION DINNER, SCHOLARSHIP OPPORTUNITIES, PROM, GRAD NIGHT,
AND OTHER OPPORTUNITIES FOR QUALIFIED GTHS SENIORS.
7. Amendment No. 1 to Agreement for City Attorney Services with Aleshire & Wynder, LLP
APPROVE THE AMENDMENT NO. 1 TO AGREEMENT FOR CITY ATTORNEY
SERVICES WITH ALESHIRE & WYNDER, LLP AND AUTHORIZE THE MAYOR TO
EXECUTE AMENDMENT NO. 1
8. Approval of Amendment to the Agreement Between the City of Grand Terrace and
Willdan Engineering and to Lessen the Terms Thereof and to Increase the
Compensation of the Willdan Engineering Agreement
1. APPROVE AMENDMENT NO. 2 TO THE AGREEMENT FOR ON-CALL
ENGINEERING SERVICES WITH WILLDAN ENGINEERING (DATED JULY 14,
2020), WHICH LESSENS THE AGREEMENT TO JUNE 30, 2023, AND
INCREASES THE TOTAL COMPENSATION BY $65,000 (TOTAL
COMPENSATION $158,290);
2. AUTHORIZE THE MAYOR TO EXECUTE THE ABOVE-MENTIONED
AMENDMENTS SUBJECT TO THE CITY ATTORNEY’S APPROVAL AS TO
FORM.
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 3
Agenda Item No. 5 was Pulled for Discussion by Council Member Allen
5. State Fire Marshall Changes in High Fire Hazard Severity Zone
THAT THE CITY COUNCIL RECEIVE AND FILE THE INFORMATION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
Agenda Item No. 6 was Pulled for to Allow for Public Comment
6. Contract for Animal Shelter Services with the City of San Bernardino
AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE SAME FORM AS ATTACHED, BETWEEN THE CITY OF
GRAND TERRACE AND CITY OF SAN BERNARDINO FOR ANIMAL SHELTERING
SERVICES
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth Henderson, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
Agenda Item No. 9 was Pulled for Discussion by Council Member Allen
9. CDBG Covid-19 Funding - Agreement for Homeless Rehousing Services with
Lighthouse Social Services Center
1. APPROVE THE INDEPENDENT CONTRACTOR AGREEMENT FOR FISCAL
YEAR 2022-2023 WITH LIGHTHOUSE SOCIAL SERVICE CENTERS FOR
HOMELESS HOUSING ASSISTANCE SERVICES, IN A TOTAL CONTRACT SUM
NOT TO EXCEED $125,010.
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT
TO THE CITY ATTORNEY’S APPROVAL AS TO FORM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 4
D. PUBLIC COMMENT
Bobbie Forbes, Grand Terrace expressed her concern regarding trucks parking on
various streets for days at a time in the city. She also requested an agreement be
established in the City for lost and found pet signs.
E. PUBLIC HEARINGS
10. Prioritization of Funding Recommendations for Community Development Block Grant
(CDBG) Funds for Program Year 2023-24
Shanita Tillman, Senior Management Analyst gave the staff report and PowerPoint
presentation for this item.
Tom Donohue, Program Administrator of Family Services Association. Mr. Donohue
explained the process of grab-n-go meals. FSA is at about 80% in being able to
implement the hot meals program. Recruitment for volunteers and staff is still in process
to assist with programs and FSA anticipates that the hot meal program will be up and
running by June 30, 2023, if not sooner.
Mayor Hussey opened the public hearing at 6:58 p.m.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace commented on essential the program is for the senior
community and especially those in need of nutrition.
Mayor Hussey closed the public hearing at 7:00 p.m.
1) CONDUCT A PUBLIC HEARING FOR THE PRIORITIZATION OF ELIGIBLE
APPLICATIONS FOR 2023-24 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING; AND,
2) PRIORITIZE FUNDING ALLOCATIONS AND AUTHORIZE STAFF TO SUBMIT
THE CITY'S CDBG FUNDING RECOMMENDATION TO THE COUNTY OF SAN
BERNARDINO ECONOMIC DEVELOPMENT AGENCY.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
11. Objective Design Standards for Multi-Family Housing and Mixed-Use Developments
Haide Aguirre, Senior Planner gave the staff report for this item and introduced Don
Arambula of Crandall Arambula who gave the PowerPoint presentation for the item.
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 5
Mayor Hussey opened the public hearing at 7:33 p.m.
PUBLIC COMMENT
Cindy Bidney, Grand Terrace expressed concerns about the city’s plans to build
oversized buildings and apartments on Barton Road in her community.
Bobbie Forbes, Grand Terrace attended the community meeting in the neighborhood
where the development is proposed and the residents in that area are upset.
Mayor Hussey closed the public hearing at 7:37 p.m.
With the consensus of the City Council, the City Manager recommended that this item
be continued for discussion to a later date and that a community meeting workshop be
held on Objective Design Standards for community input as soon as possible.
1. CONDUCT A PUBLIC HEARING, AND
2. DIRECT THE CITY ATTORNEY TO READ THE TITLE OF THE ORDINANCE,
WAIVE FURTHER READING, AND INTRODUCE AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA,
FINDING ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM CEQA
PURSUANT TO SECTION 15061(B)(3) AND AMENDING TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD REQUIREMENTS
RESULT: CONTINUED Next: 3/14/2023 6:00 PM
F. UNFINISHED BUSINESS
12. Unfunded OPEB Liability - Strategy Risk Level Approval
Christine Clayton, Finance Director gave the staff report and PowerPoint presentation
for this item.
APPROVE CERBT STRATEGY RISK LEVEL
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Sylvia Robles, Jeff Allen, Kenneth J. Henderson
ABSENT: Doug Wilson
G. NEW BUSINESS - NONE
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 6
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Motion: Discuss transitioning from At-Large Elections to By-District Elections
Requested by: Council Member Jeff Allen
RESULT: ADOPTED [3 TO 1]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Jeff Allen, Kenneth J. Henderson
NAYS: Sylvia Robles
ABSENT: Doug Wilson
2. Motion: Discuss transitioning from a General Law City to a Charter City
Requested by: Council Member Jeff Allen
RESULT: ADOPTED [3 TO 1]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Jeff Allen, Kenneth J. Henderson
NAYS: Sylvia Robles
ABSENT: Doug Wilson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth Henderson
Council Member Kenneth Henderson commented on board meetings and events that
he attended. Click here for report.
Council Member Jeff Allen
Council Member Jeff Allen commented on board meetings and events that he attended.
Click here for report.
Council Member Sylvia Robles
Council Member Sylvia Robles commented on board meetings and events that she
attended. Click here for report.
Mayor Bill Hussey
Mayor Bill Hussey commented on board meetings and events that he attended. Click
here for report.
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 7
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced:
• Wing Stop is nearing the end of construction on Barton Road.
• Starbucks is beginning construction on Barton Road.
• City is processing the sale of one of its properties to Dutch Bros. on Barton Road.
• Old metal buildings on Barton Road near La Cross have been demolished.
SHERIFF’S REPORT
Bryan Lane, Lieutenant with the San Bernardino County Sheriff’s Department
recommended if residents encounter homeless who are panhandling, please keep their
change to help discourage this behavior. If a resident encounters a homeless person
who appears to be having some type of episode, please leave the area and if the
resident feels threatened, please call 911.
K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the regular meeting of the City Council to closed session at
8:35 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, pursuant to
Government Code Section 54956.9(b)
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the regular meeting of the City Council from closed session
at 9:03 p.m.
REPORT OUT OF CLOSED SESSION
Mayor Hussey announced there was no reportable action; however, direction was
provided to staff.
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Minutes Grand Terrace City Council February 14, 2023
City of Grand Terrace Page 8
L. ADJOURN
Mayor Hussey adjourned the regular meeting of the City Council at 9:05 p.m. The Next
Regular City Council meeting will be held on Tuesday, February 28, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● FEBRUARY 28, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
February 28, 2023, at 6:00 p.m.
Invocation
The Invocation was given by Rabbi Emeritus Hillel Cohn of Congregation Emanu El.
Pledge of Allegiance
The Pledge of Allegiance was led by Matthew Tovar, Constituent Services
Representative/Veterans Affairs Liaison for the offices of Congressman Pete Aguilar.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Absent
Sylvia Robles Council Member Present
Jeff Allen Council Member Absent
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
Konrad Bolowich, City Manager announced that Agenda Item G.8, Presentation
Regarding General Law Versus Charter Cities, and Agenda Item K.3, Conference with
Legal Counsel – Anticipated Litigation – Significant Exposure to litigation pursuant to
Government Code Section 54956.9(b), two (2) cases were being removed from the
agenda.
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Minutes Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 2
B. SPECIAL PRESENTATIONS
Michelle Fuentes, Senior Management Analyst, introduced the newest hires to the City
of Grand Terrace. Each new team member took a few minutes to say a few words about
themselves:
• Judith Garcia, Department Secretary
• Tabatha Barefield, Maintenance Worker I
• Vickie Thompson, Bus Driver
Leila Holtzen, Animal Control/Senior Code Enforcement Officer introduced the
homeowners selected to be recognized in the City’s Homeowner Landscape
Recognition Program:
• Jesus Nunez – Most Creative
• Scott Baxter – Best Use of Color
• Kristine Valencia – Overall Aesthetically Pleasing
Wendy Curran, Vice President of the Grand Terrace Women’s Club gave a presentation
on the 130th anniversary of the Grand Terrace Women’s Club and the women who
helped make all its accomplishments possible.
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Sylvia Robles, Kenneth J. Henderson
ABSENT: Doug Wilson, Jeff Allen
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of the January-2023 Check Register in the Amount of $595,302.17
APPROVE THE CHECK REGISTER NO. 01312023 IN THE AMOUNT OF $595,302.17
AS SUBMITTED, FOR THE MONTH ENDING JANUARY 31, 2023.
3. Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2022
RECEIVE AND FILE THE AUDITOR'S ANNUAL FINANCIAL REPORT AND
RELATED DOCUMENT FOR THE CITY'S HOUSING SUCCESSOR AGENCY.
4. Measure I Fund Annual Financial & Compliance Report for the Year Ended June 30,
2022
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Minutes Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 3
RECEIVE AND FILE THE AUDITOR'S ANNUAL FINANCIAL & COMPLIANCE
REPORT AND RELATED DOCUMENT FOR THE CITY'S MEASURE I FUND.
5. Auditor's Annual Financial Report and Related Documents for the Fiscal Year Ended
June 30, 2022
RECEIVE AND FILE THE AUDITOR'S ANNUAL FINANCIAL REPORT AND
RELATED DOCUMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022.
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)
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.
7. Contract for Budget Platform Services with IGM Technology Corp
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
D. PUBLIC COMMENT
Bobbie Forbes, Grand Terrace expressed her concern regarding the recent sale of the
Vista Blue Mountain Assisted Living & Memory Care facility. She heard that it will no
longer house seniors and, in its place, house drug rehabilitation and recently released
incarcerated individuals.
Magareth González, Grand Terrace Community Coalition for Change wanted to share
information and invite everyone to participate in the Coalition’s Walks for a Smoke-Free
Grand Terrace scheduled for March 18 and April 1, 2023, from 3:00-5:00 pm at Richard
Rollins Community Park.
Cindy Bidney, Grand Terrace expressed her concern regarding the recent sale of the
Vista Blue Mountain Assisted Living & Memory Care facility.
E. PUBLIC HEARINGS - NONE
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Minutes Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 4
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
8. Presentation Regarding General Law Versus Charter Cities
RECEIVE AND FILE REPORT OR PROVIDE OTHER DIRECTION
RESULT: NOT DISCUSSED Next: 3/14/2023 6:00 PM
9. 2022-23 Mid-Year and Year-End Budget Review
Christine Clayton, Finance Director and Konrad Bolowich, City Manager gave the staff
report and PowerPoint presentation for this item.
RECEIVE AND FILE THE FY2022-23 MID-YEAR AND YEAR-END REPORT.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Bill Hussey, Mayor
AYES: Bill Hussey, Sylvia Robles, Kenneth J. Henderson
ABSENT: Doug Wilson, Jeff Allen
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Ken Henderson
Nothing to report.
Council Member Sylvia Robles
Nothing to report.
Mayor Bill Hussey
On February 23, 2023, Mayor Bill Hussey attended the League of California Cities
Quarterly Division Meeting in Fontana, California.
On February 22, 2023, he attended the groundbreaking ceremony of Condor Energy’s
Storage Project. After the groundbreaking Mayor Hussey, along with the City Manager
located a few more homeless encampments. The sheriff’s department was contacted,
and resources were provided to the homeless.
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Minutes Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 5
Lastly, Mayor Hussey shared with the public that there are sandbags available at the
fire department.
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced the following:
• Blue Mountain Hike, Saturday, March 4, 2023, beginning at 8:00 a.m. at Honey
Hill & Palm Avenue
• Objective Design Standards Community Workshop, Tuesday, March 14, 2023,
beginning at 4:00 p.m. in the Community Room located at City Hall
Additionally, staff has worked hard to clear homeless camps and create spaces that are
less homeless-friendly.
K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the regular meeting of the City Council to closed session at
7:20 p.m.
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
RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the regular meeting of the City Council from closed session
at 7:54 p.m.
REPORT OUT OF CLOSED SESSION
Mayor Hussey announced that updates were provided to the City Council, however, no
action was taken on both Agenda Item Nos. K.1 and K.2.
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Minutes Grand Terrace City Council February 28, 2023
City of Grand Terrace Page 6
L. ADJOURN
Mayor Hussey adjourned the regular meeting of the City Council at 7:55 p.m. The Next
Regular City Council meeting will be held on Tuesday, March 14, 2023, at 6:00 p.m.
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AGENDA REPORT
MEETING DATE: March 14, 2023 Council Item
TITLE: January 19, 2023 Planning Commission, and December 5,
2022 and February 6, 2023 Historical & Cultural Activities
Committee Meeting Minutes Update
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017, City Council meeting, the City Manager directed
the City Clerk to provide Council with a copy of the Planning Commission, Historical &
Cultural Activities Committee, and Volunteer Emergency Operations Committee minutes
to keep Council up-to-date on those Commission/Committee activities and on January
16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be
included in the Committee/Commission Report.
DISCUSSION:
On March 2, 2023, the Planning Commission held its Regular Meeting and approved its
January 19, 2023, Regular Meeting minutes. The minutes for this meeting are included
as an attachment to this report. The Commission’s next Regular Meeting is scheduled
for March 16, 2023.
Parks & Recreation Advisory Committee – Nothing to report.
On March 6, 2022, the Historical & Cultural Activities Committee held its Regular
Meeting and approved its December 5, 2022, and February 6, 2023, Special and
Regular Meeting minutes. The minutes for this meeting are included as an attachment
to this report. The Committee’s next Regular Meeting is scheduled for March 6, 2023.
FISCAL IMPACT:
None.
ATTACHMENTS:
• 01-19-2023 - PC Minutes (PDF)
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• 12-05-2022 H&C Minutes (PDF)
• 02-06-2023 H&C Minutes (PDF)
APPROVALS:
Debra Thomas Completed 03/07/2023 11:51 AM
City Manager Completed 03/07/2023 4:50 PM
City Council Pending 03/14/2023 6:00 PM
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CITY OF GRAND TERRACE
PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD
MINUTES ● JANUARY 19, 2023
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Chair Edward Giroux convened the Regular Meeting of the Planning Commission/Site
and Architectural Review Board for Thursday, January 19, 2023, at 6:44 p.m.
PLEDGE OF ALLEGIANCE
Chair Edward Giroux led the Pledge of Allegiance.
Attendee Name Title Status Arrived
Edward A. Giroux Chair Present
Tara Ceseña Vice-Chair Present
David Alaniz Commissioner Present
Aron Burian Commissioner Present
Scot Mathis Commissioner Present
Jamie Traxler Assistant City Attorney Present
Haide Aguirre Senior Planner Present
Lanita Perez Department Secretary Present
APPROVAL OF AGENDA
1. Motion: Motion: APPROVAL OF AGENDA JANUARY 19, 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Tara Ceseña, Vice-Chair
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
PRESENTATIONS - NONE
None.
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board January 19, 2023
City of Grand Terrace Page 2
PUBLIC ADDRESS
NONE.
A. CONSENT CALENDAR
2. Approval of Minutes – Regular Meeting – 10/20/2022
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Aron Burian, Commissioner
SECONDER: Scot Mathis, Commissioner
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
B. ACTION ITEMS
None.
C. PUBLIC HEARINGS
1. Objective Design Standards for Multi-Family Housing and Mixed Use Developments
Haide Aguirre, Senior Planner introduced Johathan Konkol, from Crandall Arambula,
Urban Design - Architecture - Planning who gave the PowerPoint presentation for this
item.
Chair Edward Giroux opened the public hearing at 6:49 p.m.
PUBLIC COMMENT
Cindi Bidney, Grand Terrace resident opposed and questioned the project for
clarification. She expressed her concerns that the order of what had been agreed upon
previously by The City of Grand Terrace is not how the project is moving forward.
Chair Edward Giroux closed public hearing at 7:14 p.m.
Lengthy discussion ensued regarding plans for the project to provide transparency to
the public.
1. ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND
ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A
DETERMINATION THAT ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM
CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND
RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE
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Minutes Grand Terrace Planning Commission/Site and Architectural Review Board January 19, 2023
City of Grand Terrace Page 3
18 OF THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD REQUIREMENTS
RESULT: APPROVED [UNANIMOUS]
MOVER: David Alaniz, Commissioner
SECONDER: Tara Ceseña, Vice-Chair
AYES: Giroux, Ceseña, Alaniz, Burian, Mathis
D. INFORMATION TO COMMISSIONERS
None.
E. INFORMATION FROM COMMISSIONERS
None.
ADJOURN
Chair Giroux adjourned the regular meeting of the Planning Commission/Site and
Architectural Review Board at 7:35 p.m. The next scheduled meeting of the scheduled
meeting of the Review Board/Planning Commission to be held on February 2, 2023, at
6:30 p.m.
_________________________________
Edward Giroux, Chairman
_________________________________
Lanita Perez, Planning Secretary
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Historical and Cultural Activities Committee
Minutes for month of – December 5, 2022
Location – 2nd Floor conference Room
Members present – Christina Valdivia-Phelps, Renae Walker, Becky Giroux, Louise Lunstrum, and Debra Thomas - City
Clerk
Members Absent –
Guests – Lorie Williams
Called to order – 6:02 pm
Secretary’s Report: Christina motions for October minutes, Renae 2nd 4 yes 0 no 0 abstain
Treasurers Report: Louise motioned to accept, Renae 2nd 4 yes 0 no 0 abstain
Historical Report:
Old Business:
New Business:
Birthday Event –
Confirmed Hussey will be speaker. Reached out to Woody’s for 25 people will be $200 total. Fajitas, Rice, Beans and
Salad.
Cake has been ordered by the City.
We have enough paper and plasticware in our inventory.
Louise is going to reach out to Starbucks for coffee.
We will wear Black and White.
Becky will get the balloons.
Meet at 445pm
Lorie will be voted in December 13th
Meeting adjourned – 6:28pm
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Historical and Cultural Activities Committee
Minutes for month of – February 6, 2023
Location – 2nd Floor conference Room
Members present – Christina Valdivia-Phelps, Renae Walker, Becky Giroux, Louise Lunstrum, Lorie Williams and Debra
Thomas - City Clerk
Members Absent –
Guests –
Called to order – 6:00 pm
Secretary’s Report:
Treasurers Report: Louise motioned to accept, Renae 2nd 4 yes 0 no 0 abstain
Historical Report:
Event went well.
Discussed inviting more community groups, but also the limitations since they are not “a part” of the City. Will make
sure Parks and Recreation and etc gets their invites.
Discussed making the date a permanent date on the calendar, 2nd Wednesday in December possibly.
Old Business:
New Business:
Art show May 7, 2023
Christina is making flyers
Becky & Louise -
Contact Woody's for refreshments and use his liquor license to purchase wine
Obtain one day pour permit from ABC Board – same process as last year
Contact Grocery Outlet to donate gift cards for wine
Becky will call Children's Artist Daniel Galindo 310 628-4624
Book artist Cathy for Paint and Sip
Purchase children's drinks, snacks, soda and water
Email Artist from last year
Lori - Contact Sweet Life Bakery owner Sandra Cardenas to donate small desserts like last year
Renae - Contact Michelle for Artist Cathy phone number and provide to Becky
Contact High School, Middle School, and Megan at the Senior Center contacts to get them as participants
Christina - Develop Flyer to include:
Meeting adjourned – 7:18pm
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AGENDA REPORT
MEETING DATE: March 14, 2023 Council Item
TITLE: The Taxpayer Protection and Government Accountability Act
Initiative No. 21-0042A1
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council Approves a Resolution Requested by
Cal Cities Opposing the Taxpayer Protection and
Government Accountability Act Initiative No. 21-0042A1 and
sends the adopted resolution to
BallotMeasures@calcities.org.
2030 VISION STATEMENT:
This staff report supports Goal #4, Develop and Implement Successful Partnerships.
BACKGROUND:
In 2018, the “Tax Fairness, Transparency and Accountability Act” (AG# 17-0050
Amendment #1), was being circulated to qualify for the November 2018 ballot. This
initiative would have drastically limited local revenue authority.
Through the successful work and advocacy of the League of California Cities (“Cal
Cities”) and its coalition, the measure’s proponents withdrew the initiative from the ballot
in June 2018.
On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection
and Government Accountability Act or AG# 21-0042A1. This measure is far more
detrimental to cities than the measure filed in 2018 because it would decimate vital local
and state services to the benefit of wealthy corporations.
Cal Cities, along with a broad coalition of local governments, labor and public safety
leaders, infrastructure advocates, and businesses, strongly oppose this initiative.
DISCUSSION:
The Taxpayer Protection and Government Accountability Act limits voters’ authority,
adopts new and stricter rules for raising taxes and fees, and makes it more difficult to
hold violators of state and local laws accountable.
What Would This Measure Specifically Do?
1) Limit voter authority and accountability.
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• Limits voter input. Prohibits local voters from providing direction on how local
tax dollars should be spent by prohibiting local advisory measures.
• Invalidates the Upland decision that allows a majority of local voters to pass
special taxes. Taxes proposed by the Initiative are subject to the same rules
as taxes placed on the ballot by a city council. All measures passed between
January 2022 and November 2022 would be invalidated unless reenacted
within 12 months.
2) Restrict local fee authority to provide local services
• Impacts franchise fees. Sets a new standard for fees and charges paid for the
use of local and state government property. The standard may significantly
restrict the amount oil companies, utilities, gas companies, railroads, garbage
companies, cable companies, and other corporations pay for the use of local
public property. Rental and sale of local government property must be
“reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees, and charges may not
exceed the “actual cost” of providing the product or service for which the fee
is charged. “Actual cost” is the “minimum amount necessary.” The burden to
prove the fee or charge does not exceed “actual cost” is changed to “clear
and convincing” evidence.
3) Restrict the authority of state and local governments to issue fines and penalties
for violations of the law
• Requires voter approval of fines, penalties, and levies for corporations and
property owners that violate state and local laws unless a new, undefined
adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services
• Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to
new territory (e.g., annexation) or expand the base (e.g., new utility service).
• City charters may not be amended to include a tax or fee.
• New taxes can be imposed only for a specific time period.
• Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are
void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on the property tax rate and allocation of property tax
to the state.
5) Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed
as a condition of property development or occupancy.
Talking Points
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1) Gives wealthy corporations a major loophole to avoid paying their fair share —
forcing local residents and taxpayers to pay more
• The measure creates new constitutional loopholes that allow corporations to
pay far less than their fair share for the impacts they have on our
communities, including local infrastructure, our environment, water quality, air
quality, and natural resources — shifting the burden and making individual
taxpayers pay more.
2) Allows corporations to dodge enforcement when they violate environmental,
health, public safety, and other laws
• The deceptive scheme creates new loopholes that make it much more difficult
for state and local regulators to issue fines and levies on corporations that
violate laws intended to protect our environment, public health and safety,
and our neighborhoods.
3) Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated to
critical state and local services.
• It could force cuts to public schools, fire and emergency response, law
enforcement, public health, parks, libraries, affordable housing, services to
support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads,
public transportation, drinking water, new schools, sanitation, and utilities.
4) Opens the door for frivolous lawsuits, bureaucracy, and red tape that will cost
taxpayers and hurt our communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape
that will cost local taxpayers millions — while significantly delaying and
stopping investments in infrastructure and vital services.
5) Undermines voter rights, transparency, and accountability
• This misleading measure changes our constitution to make it more difficult for
local voters to pass measures needed to fund local services and local
infrastructure.
• It also includes a hidden provision that would retroactively cancel measures
that were passed by local voters — effectively undermining the rights of
voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters
provide direction to politicians on how they want their local tax dollars spent.
FISCAL IMPACT:
None.
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ATTACHMENTS:
• Oppose Initiative 21-0042A1 (DOCX)
APPROVALS:
Konrad Bolowich Completed 03/07/2023 2:18 PM
City Attorney Completed 03/08/2023 9:06 AM
City Manager Completed 03/07/2023 4:48 PM
City Council Pending 03/14/2023 6:00 PM
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RESOLUTION NO. 2023-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA OPPOSING THE TAXPAYER
PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT INITIATIVE
NO. 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is
behind a deceptive proposition aimed for the November 2022 statewide ballot; and
WHEREAS, the measure creates new constitutional loopholes that allow
corporations to pay far less than their fair share for the impacts they have on our
communities, including local infrastructure, our environment, water quality, air quality, and
natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it
more difficult for local voters to pass measures needed to fund local services and
infrastructure, and would limit voter input by prohibiting local advisory measures where
voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators
to issue fines and levies on corporations that violate laws intended to protect our
environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and
local services at risk, and could force cuts to public schools, fire and emergency response,
law enforcement, public health, parks, libraries, affordable housing, services to support
homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like
streets and roads, public transportation, drinking water, new schools, sanitation, and
utilities.
NOW THEREFORE, BE IT RESOLVED that the City of Grand Terrace, opposes
Initiative 21-0042A1.
NOW THEREFORE, BE IT FURTHER RESOLVED, that the City of Grand Terrace
will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor,
local government, infrastructure advocates, and other organizations throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities
at BallotMeasures@calcities.org.
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PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 14th day of March, 2023.
Bill Hussey
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: March 14, 2023
TITLE: Amendment No. 5 to Burrtec Agreement Regarding Addition
of SB 1383 Services
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: ADOPT RESOLUTION NO. 2023-XX A RESOLUTION OF
THE CITY OF GRAND TERRACE CALIFORNIA
APPROVING AMENDMENT NO. 5 OF THE INTEGRATED
WASTE MANAGEMENT SERVICE AGREEMENT
AUTHORIZING ASSISTANCE TO COMPLY WITH SENATE
BILL 1383, FOOD WASTE REDUCTION AND ORGANICS
RECYCLING REGULATIONS
2030 VISION STATEMENT:
This staff report supports Our Core Values, including Innovation and Creativity and
Exceptional Customer Service.
BACKGROUND:
On July 1, 2007, the City of Grand Terrace and Burrtec Waste Industries, Inc. entered
into a Franchise Agreement for waste management services. The Agreement has been
previously amended three times. The third amendment was made in September of
2011 to authorize Burrtec to collect residential sewer service fees and to remit those
fees to the City. Currently, Burrtec continues to remit these fees, as well as school
sewer service fees, to the City, and the City remits the fees to the City of Colton.
In 2014, the City of Grand Terrace, the City of Colton and Colton Utility Authority
entered into Settlement Agreement and Release, Wastewater Enterprise Lease
Agreement and Sewer Services Agreement. In particular, Section VIII.A of the Sewer
Services Agreement provides that at the expiration of the existing billing contract
between City and Burrtec that the City of Colton may take over billing services.
In 2015, Amendment No. 4 authorized Burrtec to remit to the City of Colton residential
and school sewer fees, including a payment report of collected fees, and to, at the same
time, provide to the City a copy of the payment report.
DISCUSSION:
SB 1383 provides a complex array of mandatory requirements for cities requiring all
residential and commercial premises to comply with a rigorous organic waste recycling
program. The requirements are embodied in statewide regulations. The initial deadline
C.6
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for adoption of an organic waste ordinance was January 1, 2022, and the City adopted
its ordinance on November 9, 2021.
As part of the Burrtec rate adjustment on August 1, 2022 an SB 1383 Admin Fee was
added to support Burrtec’s aide in keeping the City compliant with all SB 1383’s
requirements. While Burrtec has assumed responsibility of the City’s SB 1383 program
it is necessary to revise the Burrtec Integrates Waste Management Franchise
Agreement to support their new functions.
Staff recommends the adoption of Amendment No. 5 and a resolution to add SB 1383
to Burrtec’s current franchise agreement.
FISCAL IMPACT:
This action would not impact the General Fund.
ATTACHMENTS:
• Resolution and Amendment No. 5 (DOCX)
APPROVALS:
Shanita Tillman Completed 02/21/2023 10:07 AM
Finance Completed 02/21/2023 2:53 PM
City Manager Completed 02/23/2023 1:37 PM
City Council Pending 03/14/2023 6:00 PM
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RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY OF GRAND TERRACE CALIFORNIA APPROVING
AMENDMENT NO. 5 OF THE INTEGRATED WASTE MANAGEMENT SERVICE
AGREEMENT AUTHORIZING ASSISTANCE TO COMPLY WITH SENATE BILL
1383, FOOD WASTE REDUCTION AND ORGANICS RECYCLING REGULATIONS
WHEREAS, on July 1, 2007, the City of Grand Terrace and Burrtec Waste
Industries, Inc. entered into an agreement for Integrated Waste Services;
WHEREAS, said Agreement has been amended over time, with the most recent
amendment, Amendment No. 3, authorizing Burrtec to bill and collect sewer fees on
behalf of the City and remit collected fees to City; and
WHEREAS, in May 2014, the City entered into various agreements with the City
of Colton, including a Sewer Services Agreement, which allows Colton to collect sewer
service fees.
WHEREAS, in February 2015, the City entered into various agreements with the
City of Colton, to allow for the remittance of sewer fees collected by Burrtec Waste
Industries to the City of Colton.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace,
as follows:
SECTION 1. That the foregoing recitals are true and correct and are
incorporated herein by reference.
SECTION 2. That the existing Integrated Waste Management Service Agreement
was entered into between the City and Burrtec Waste Industries, Inc. on July 1, 2007.
SECTION 3. Colton has requested, and Burrtec and City is amenable, that Burrtec
remit collected sewer fees to the City of Colton.
SECTION 4. Amendment No. 5, attached hereto as Exhibit A, authorizes Burrtec
to comply with Senate Bill 1383, food waste reduction and organics recycling regulations
on behalf of the City of Grand Terrace
SECTION 5. This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Grand Terrace, held on this the 14th day of March, 2023.
_________________________
Bill Hussy
Mayor
ATTEST:
__________________________
Debra Thomas
City Clerk
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I, DEBRA THOMAS, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Resolution was introduced and adopted at a regular meeting of the City Council
of the City of Grand Terrace held on the 14th day of March, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM
______________________________
Adrian Guerra
City Attorney
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EXHIBIT “A”
AMENDMENT NO. 5 TO AGREEMENT BETWEEN THE CITY OF GRAND TERRACE
AND BURTEC WASTE INDUSTRIES, INC. FOR THE PROVISION OF INTEGRATED
WASTE MANAGEMENT SERVICES
This Amendment to the Agreement between the City of Grand Terrace and Burrtec
Waste Industries, Inc. for the Provisions of Integrated Waste Management Services
(“Amendment”) is made and entered into this 14 day of March, 2023 (the “Effective Date”),
by and between the City of Grand Terrace, a municipal corporation of the State of
California (the “CITY”) and BURRTEC WASTE INDUSTRIES, INC., a California
corporation, (“CONTRACTOR”). CITY and CONTRACTOR are collectively referred to as
the “Parties.”
RECITALS
WHEREAS, the City and Contractor previously entered into that certain Agreement
between the City of Grand Terrace and Burrtec Waste Industries for the Provision of
Integrated Waste Management Services dated July 1, 2007 (the “Agreement”), including
amendments thereto;
WHEREAS, state recycling law, Assembly Bill 939 of 1989, the California
Integrated Waste Management Act of 1989 (California Public Resources Code Section
40000, et seq., as amended, supplemented, superseded, and replaced from time to time),
requires cities and counties to reduce, reuse, and recycle (including composting) Solid
Waste generated in their cities to the maximum extent feasible before any incineration or
landfill disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment; and,
WHEREAS, state recycling law, Assembly Bill 341 of 2011 (approved by the
Governor of the State of California on October 5, 2011, which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections
40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to
Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public
Resources Code, as amended, supplemented, superseded and replaced from time to
time), places requirements on businesses and Multi-Family property owners that generate
a specified threshold amount of Solid Waste to arrange for recycling services and requires
cities to implement a Mandatory Commercial Recycling program; and,
WHEREAS, state organics recycling law, Assembly Bill 1826 of 2014 (approved
by the Governor of the State of California on September 28, 2014, which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources
Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced
from time to time), requires businesses and Multi-Family property owners that generate a
specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to
arrange for recycling services for that waste, requires cities to implement a recycling
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program to divert Organic Waste from businesses subject to the law, and requires cities
to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including cities,
residential households, Commercial Businesses and business owners, Commercial
Edible Food Generators, haulers Food Recovery Organizations, and Food Recovery
Services to support achievement of Statewide Organic Waste disposal reduction targets;
and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016,
requires cities to adopt and enforce an ordinance or enforceable mechanism to implement
relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food
insecurity by requiring Commercial Edible Food Generators to arrange to have the
maximum amount of their Edible Food, that would otherwise be disposed, be recovered
for human consumption; and
WHEREAS, CITY and CONTRACTOR desire to amend the Agreement as set forth
herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
agreements contained herein, the Parties do hereby agree as follows:
1. AMENDMENT TO SECTION 2 . The following definitions are added to Section 2
of the Agreement, and/or amended as set forth herein, as applicable. Definitions
otherwise contained in the Agreement and/or any previous amendment(s), but which are
not addressed below, shall remain the same.
DEFINITIONS
“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and
shall be used for the purpose of storage and collection of Source Separated Recyclable
Materials or Source Separated Blue Container Organic Waste.
“California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this Chapter are preceded with a number that refers to
the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City” means the City of Grand Terrace, California, within its jurisdictional
boundaries.
“Commercial Business” or “Commercial” means a firm, partnership,
proprietorship, joint-stock company, corporation, or association, whether for-profit or
nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling, or as
otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling
that consists of fewer than five (5) units is not a Commercial Business for purposes of
implementing this Chapter.
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“Commercial Edible Food Generator” includes a Tier One or a Tier Two
Commercial Edible Food Generator as defined hereinbelow of this Section 8.54.030 or
as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of
this definition, Food Recovery Organizations and Food Recovery Services are not
Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of this Chapter, that “Compost” means the product resulting
from the controlled biological decomposition of organic Solid Wastes that are Source
Separated from the municipal Solid Waste stream, or which are separated at a centralized
facility.
“Contamination” or “Contaminated Container” means a container, regardless of
color, that contains Prohibited Container Contaminants, or as otherwise defined in 14
CCR Section 18982(a)(55).
“Designee” means an entity that a City contracts with or otherwise arranges to
carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section
18981.2. A Designee may be a government entity, a hauler, a private entity, or a
combination of those entities.
“Edible Food” means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise
defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered
and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires
or authorizes the Recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code.
“Enforcement Action" means an action of the City to address non-compliance with
this Chapter including, but not limited to, issuing administrative citations, fines, penalties,
or using other remedies.
“Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious
Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated
radioactive waste, and toxic substances or material that Facility operator(s), which receive
materials from the City and its generators, reasonably believe(s) would, as a result of or
upon acceptance, transfer, processing, or disposal, be a violation of local, State, or
Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste
that cannot be disposed of in Class III Landfills or accepted at the Facility by permit
conditions, waste that in the City’s, or its Designee’s reasonable opinion would present
a significant risk to human health or the environment, cause a nuisance or otherwise
create or expose CONTRACTOR or CITY to potential liability: but not including de minimis
volumes or concentrations of waste of a type and amount normally found in Single-Family
or Multi-Family Solid Waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint in compliance with
Sections 41500 and 41802 of the California Public Resources Code.
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“Facility(ies)” means any plant, site, or operation used for the purpose of handling
Discarded Materials, including, but not limited to, disposal, transfer, recycling,
composting, and processing facilities or operations.
“Food Distributor” means a company that distributes food to entities including, but
not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR
Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and
Safety Code.
“Food Recovery” means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in 14 CCR
Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or
receipt of Edible Food from Commercial Edible Food Generators and distributes that
Edible Food to the public for Food Recovery either directly or through other entities or as
otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable temporary food facility as defined in Section 113842 of
the Health and Safety Code; and
3. A Food Recovery Organization is not a Commercial Edible Food Generator for
the purposes of this Chapter and implementation of 14 CCR, Division 7,
Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply to this Chapter.
“Food Recovery Service” means a person or entity that collects and transports
Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization
or other entities for Food Recovery, or as otherwise defined in 14 CCR Section
18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for
the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12
pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food
Waste excludes fats, oils, liquids, and grease when such materials are Source Separated
from other Food Scraps.
“Food-Soiled Paper” means compostable paper material that has come in contact
with food or liquid, such as, but not limited to, napkins and pizza boxes.
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“Food Waste” means all food and Food Scraps. Food Waste excludes fats, oils,
liquids, and grease when such materials are Source Separated from other Food Waste.
With respect to Single Family and Multi-Family Residential Dwellings Food Waste is a
subset of Source Separated Green Container Organic Waste. Edible Food separated for
Food Recovery shall not be considered Food Waste.
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be
used for the purpose of storage and collection of Gray Container Waste. Per the definition
provided in 14 CCR Section 18982(a)(28), the Gray Container may actually be black, or
black with a gray lid.
“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is
part of a three-container Organic Waste collection service that prohibits the placement of
Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and
(b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall
be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
“Hauler Route” means the designated itinerary or sequence of stops for each segment
of the City’s collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
“Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location
that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot,
golf course, street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14
CCR Section 18982(a)(38) shall apply to this Chapter.
“Large Venue” means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this Chapter and implementation of 14
CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public,
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement
park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing
arts center, fairground, museum, theater, or other public attraction facility. For purposes
of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under
common ownership or control that includes more than one Large Venue that is contiguous
with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this Chapter.
“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to
residential premises with five (5) or more dwelling units. Multi-Family premises do not
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include hotels, motels, or other transient occupancy facilities, which are considered
Commercial Businesses.
“Non-Compostable Paper ” includes but is not limited to paper that is coated in a plastic
material that will not breakdown in the composting process, or as otherwise defined in 14
CCR Section 18982(a)(41).
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass, or as otherwise
defined in 14 CCR Section 18982(a)(43).
“Notice of Violation (NOV)” means a notice that a violation has occurred that includes a
compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR
Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
“Organic Waste” means Solid Wastes containing material originated from living
organisms and their metabolic waste products, including but not limited to food, green
material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper
Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as
otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial
creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling,
or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic,
watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes,
manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated
writing papers, posters, index cards, calendars, brochures, reports, magazines, and
publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Recovered Organic Waste Products” means products made from California, landfill-
diverted recovered Organic Waste processed in a permitted or otherwise authorized
facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
“Route Review” means a visual inspection of containers along a Hauler Route for the
purpose of determining Container Contamination, and may include mechanical inspection
methods such as the use of cameras, or as otherwise defined in 14 CCR Section
18982(a)(65).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
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2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of
this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations
developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter
12 and amended portions of regulations of 14 CCR and 27 CCR.
“Single-Family” means of, from, or pertaining to any residential premises with fewer than
five (5) units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section
40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid,
and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or chemically fixed
sewage sludge which is not hazardous waste, manure, vegetable or animal solid and
semi-solid wastes, and other discarded solid and semisolid wastes, with the exception
that Solid Waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section
40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the
State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that
have been separated or kept separate from the Solid Waste stream, at the point of
generation, for the purpose of additional sorting or processing those materials for
recycling or reuse in order to return them to the economic mainstream in the form of raw
material for new, reused, or reconstituted products, which meet the quality standards
necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include
separation of materials by the Generator, property owner, property owner’s employee,
property manager, or property manager’s employee into different containers for the
purpose of collection such that Source Separated materials are separated from Gray
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Container Waste or other Solid Waste for the purposes of collection and processing.
“Source Separated Blue Container Organic Waste” means Source Separated Organic
Waste that can be placed in a Blue Container that (i) is limited to the collection of those
Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as
otherwise defined by Section 17402(a)(18.7), and (ii) excludes any other Organic Waste
that an Organics Waste Facility may reject to maintain any organics-related composting
certifications including but not limited to organic carpets and textiles, contaminated wood
or lumber, manure, digestate, biosolids, and sludges.
“Source Separated Green Container Organic Waste” means Source Separated Organic
Waste that can be placed in a Green Container that is specifically intended for the
separate collection of Organic Waste by the Generator, excluding Source Separated Blue
Container Organic Waste; Non-Compostable Paper; Paper Products; Printing and Writing
Paper; and any other Organic Waste that an Organics Waste Facility may reject to
maintain any organics-related composting certifications including but not limited to
organic carpets and textiles, contaminated wood or lumber, manure, digestate, biosolids,
and sludges.
“Source Separated Recyclable Materials” means Source Separated Non-Organic
Recyclables and Source Separated Blue Container Organic Waste.
“State” means the State of California.
Tier One Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square
feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(73) shall apply to this Chapter.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
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2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility
size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible
Food Generator differs from this definition, the definition in 14 CCR Section
18982(a)(74) shall apply to this Chapter.
“Waste Evaluations” means sampling waste from hauler routes as specified in 14 CCR
Section 18984.5(c).
2. COLLECTION SYSTEM Section 5 of the Agreement is amended as follows with
the exception that original provisions which are not directly inconsistent with this
Amendment shall remain:
General. CONTRACTOR shall provide an approved Collection program for the
separate Collection of Source Separated Recyclable Materials, Source Separated Green
Container Organic Waste, Source Separated Brown Container Food Waste, and Gray
Container Waste as specified in this Agreement, using Containers that comply with the
requirements of this Agreement, and SB 1383 Regulations. CONTRACTOR shall not
knowingly Collect Blue, Green, Brown or Gray Containers that include an excess of 25%
of Prohibited Container Contaminants.
Source Separated Recyclable Materials Collection (Blue Container). CONTRACTOR
shall provide Blue Containers to all Customers for Collection of Source Separated
Recyclable Materials and shall provide Source Separated Recyclable Materials Collection
service. CONTRACTOR shall transport the Source Separated Recyclable Materials to a
Facility that recovers the materials designated for Collection in the Blue Containers, in
accordance with the SB 1383 Regulations.
Source Separated Green Container Organic Waste Collection (Green Container).
CONTRACTOR shall provide Green Containers to all for Collection of Source Separated
Green Container Organic Waste and shall provide Source Separated Green Container
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Organic Waste Collection service. CONTRACTOR shall Transport the Source Separated
Green Container Organic Waste to a Facility in accordance with SB 1383 Regulations.
CONTRACTOR may Collect plastic bags in the Green Containers. If the CONTRACTOR
elects to Collect plastic bags in the Green Container, then CONTRACTOR shall provide
annual written notification to the CITY that the Facility has and will continue to have the
capabilities to recover and/or process plastics bags. If the Facility cannot recover and/or
process plastic bags, then CONTRACTOR will not Collect plastic bags in the Green
Container.
Source Separated Brown Container Food Waste Collection (Brown Container).
CONTRACTOR may provide Brown Containers to all commercial Customers for
Collection of Source Separated Food Waste and shall provide Source Separated Food
Waste Collection service to said customers. CONTRACTOR shall transport Source
Separated Food Waste to a Facility in accordance with SB 1383 Regulations.
Gray Container Waste Collection. CONTRACTOR shall provide Gray Containers to
Customers for Collection of Gray Container Waste and shall provide Gray Container
Waste Collection service. CONTRACTOR shall transport the Gray Container Waste to a
Facility in accordance with the SB 1383 Regulations. CONTRACTOR may allow carpets
and textiles to be placed in the Gray Containers.
3. USE OF PLASTIC BAGS FOR FOOD WASTE COLLECTION IN GREEN
CONTAINERS.
CONTRACTOR may require Customers and Generators to place Food Waste in
plastic bags, compostable bags, or other paper wrappings and put the bagged or wrapped
Food Waste in the Green Container. CONTRACTOR shall provide written notification to
the CITY that allowing the use of bags does not inhibit the ability of the CITY to comply
with SB 1383 Regulations, and that the Facility can remove and/or process plastic bags
when it recovers Source Separated Green Container Organic Waste. CONTRACTOR
shall provide annual written notification to the CITY that the Facility has and will continue
to have the capabilities to remove and process plastic bags when it recovers Source
Separated Green Container Organic Waste.”
4. CONTAMINATION MONITORING.
Upon finding Prohibited Container Contaminants in a Container, CONTRACTOR shall
follow the protocols set forth in this Section.
i. Record Keeping. The driver or other CONTRACTOR representative
shall record each event of identification of Prohibited Container Contaminants
in a written log or in the on-board computer system including date, time,
Customer’s address, type of Container (Blue, Green, Brown or Gray Container);
and maintain photographic evidence, when possible.
ii. Contamination Notices. Upon identification of Prohibited Container
Contaminants in a Customer’s Container, CONTRACTOR shall provide the
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Customer a contamination notice. The contamination notification shall: (i) inform
the Customer of the observed presence of Prohibited Container Contaminants;
(ii) include the date and time the Prohibited Container Contaminants were
observed; (iii) include information on the Customer’s requirement to properly
Source Separate materials into the appropriate Containers, and the accepted
and prohibited materials for Collection in the Blue Container, Brown Container,
Green Container, and/or Gray Container; (iv) inform the Customer of the courtesy
pick-up of the contaminated materials on this occasion with information for
subsequent instances of Prohibited Container Contaminants, CONTRACTOR
may assess contamination processing fees; and, (v) CONTRACTOR may
include photographic evidence. CONTRACTOR shall leave the contamination
notice attached to or adhered to the Customer’s contaminated Containers; at the
premises’ door or gate; or, may deliver the notice by mail, e-mail, text message,
or other electronic message.
iii. Notice of Assessment of Contamination Processing Fees. If the
CONTRACTOR observes Prohibited Container Contaminants in a Customer’s
Container on more than two occasions within a six-month time period and issued
courtesy pick-up notices on each of those occasions, the CONTRACTOR may
impose a contamination processing fee pursuant to fees and rates approved by
resolution of CITY Council on the third or subsequent instance of contamination.
CONTRACTOR shall notify the CITY in its monthly report to CITY of Customers
for which Contamination Processing fees were assessed. CONTRACTOR shall
leave a Contamination Processing fee notice attached to or adhered to the
Customer’s contaminated Container(s); at the premises door or gate; or, deliver
the notice by mail, e-mail, text message, or other electronic message. The
Contamination Processing fee notice shall identify the prohibited material(s),
explain how to prevent future violations, and indicate that the Customer will be
charged a contamination Processing fee on the next solid waste bill. The format
of the contamination Processing fee notice shall be approved by the CITY.
iv. Disposal of Contaminated Materials. If the CONTRACTOR observes
Prohibited Container Contaminants in a Customer’s Container(s),
CONTRACTOR may dispose of the Container’s contents, provided
CONTRACTOR complies with the noticing requirements in subsection iii. above.”
5. ROUTE REVIEWS AND WASTE EVALUATIONS.
CONTRACTOR shall meet its SB 1383 Regulations contamination monitoring
requirements using Route Reviews or Waste Evaluations.
i. Route Reviews
aa. If CONTRACTOR elects to perform Route Reviews,
CONTRACTOR shall, conduct Hauler Route reviews for Prohibited
Container Contaminants in Collection Containers in a manner that is
deemed safe by the CONTRACTOR; is approved by CITY; is conducted in
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a manner that results in all Hauler Routes being reviewed annually, in an
amount not less than the quantity specified in the calculations used to
determine the Compliance Fee and is consistent and in accordance with SB
1383 Regulations and 14 CCR Section 18984.5(b). Containers may be
randomly selected along the Hauler Route. This Section should not be
construed to require that every container on a Hauler Route must be
sampled annually. CONTRACTOR may prioritize the inspection of
Customers that are more likely to be out of compliance.
bb. Upon finding Prohibited Container Contaminants in the
Container, CONTRACTOR shall follow the contamination monitoring
noticing procedures as described herein.
ii. Waste Evaluations
If CONTRACTOR elects to perform Waste Evaluations, CONTRACTOR
shall conduct waste evaluations that comply with and meet the requirements of 14
CCR Section 18984.5(c). CITY maintains the right to observe, or hire a third party
CONTRACTOR to observe the waste evaluations.
aa. Sampling Method, Study Protocols. CONTRACTOR shall
conduct waste evaluations for Prohibited Container Contaminants by
sampling the contents of Containers on Hauler Routes in the following
manner:
i. CONTRACTOR shall conduct waste evaluations at least twice per
year and in two distinct seasons of the year in a manner that
complies with the requirements of 14 CCR Section 18984.5(c).
ii. CONTRACTOR’s waste evaluations shall include samples of Source
Separated Recyclable Materials, Source Separated Green Container
Organic Waste, and Gray Container Waste.
iii. The waste evaluations shall include samples from each Container
type served by the CONTRACTOR and shall include samples taken
from different areas in the CITY that are representative of the CITY’s
waste stream.
iv. The waste evaluations shall include at least the minimum number of
samples required specified in SB 1383 Regulations.
v. The CONTRACTOR shall transport all of the material collected for
sampling to a sorting area at a permitted solid waste facility where
the presence of Prohibited Container Contaminants for each
Container type shall be measured to determine the ratio of Prohibited
Container Contaminants present in each material stream by weight.
To determine the ratio of Prohibited Container Contaminants, the
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CONTRACTOR shall use protocols established in accordance with
the SB 1383 regulations.
bb. Contamination Response. If the sampled weight of Prohibited Container
Contaminants exceeds twenty-five percent (25%) of the measured sample
for any material stream, the CONTRACTOR shall within fifteen (15) working
days of the waste evaluation, notify all Customers on the sampled Hauler
Route of their requirement to properly source separate materials into the
appropriate Containers. CONTRACTOR may provide this information by
placing a written notice on the Customer’s Containers or the gate or door of
the premises; and/or by mail, email, or electronic message to the
Generators. The format of the warning notice shall be approved by the
CITY.
cc. Material Exceptions. Organic Waste that is textiles, carpet, hazardous
wood waste, human waste, pet waste, or material(s) subject to a quarantine
of movement issued by a County agricultural commissioner is not required
to be measured as Organic Waste when calculating the amount of Organic
Waste present in the Gray Container Waste.
iii. Recordkeeping Requirements.
CONTRACTOR shall maintain all applicable route review and waste evaluation
records required under SB 1383 Regulations, and report to the CITY on
contamination monitoring activities, route reviews and/or waste evaluations, and
actions taken.
6. ALTERNATIVE METHODS. Nothing in this Agreement shall prohibit the
CONTRACTOR from meeting its compliance requirements by any alternative methods or
procedures, provided it complies with SB 1383, its Regulations, and/or any other
applicable law, as may be amended from time to time.
7. EDUCATION AND OUTREACH. The following is hereby added to the end of
Section 4 of the Agreement as follows:
CONTRACTOR shall, create applicable education materials and conduct
education programs and activities as provided by and in accordance with the SB 1383
Regulations., CONTRACTOR shall provide educational material by mail or electronically
to customers providing information consistent with 14 CCR Section 18985. For illustrative
purposes, such materials may include information concerning proper Recycling, the use
of Containers for Organic Waste and commercial Food Waste, composting, preventing
Contamination, and proper container placement. Updated educational materials shall be
prepared and submitted to CITY Manager for approval. CONTRACTOR shall perform the
recordkeeping requirements related to its compliance with education and outreach
requirements under 14 CCR Section 18985.3. CITY shall perform the record keeping
requirements related to its education and outreach efforts. CONTRACTOR shall
cooperate and coordinate with the CITY on public education activities.
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i. Food Recovery Listings.
The CONTRACTOR and CITY shall coordinate, maintain and annually update a
list of Food Recovery Organizations and Food Recovery Services operating within
the CITY, maintain the list on the CONTRACTOR’s website, and share the list with
the CITY so the CITY can post the list on the CITY’s website. The list shall include,
at a minimum, the following information about each Food Recovery Organization
and Food Recovery Service:
(1) Name and physical address;
(2) Contact information;
(3) Collection service area; and
(4) An indication of the types of Edible Food the Food Recovery Service
or Food Recovery Organization can accept for Food Recovery.
ii. Commercial Edible Food Generator Outreach
At least annually, the CONTRACTOR shall provide Commercial Edible Food
Generators with the following information:
(1) Information about the CITY’s Edible Food Recovery program;
(2) Information about the Commercial Edible Food Generator
requirements under 14 CCR, Division 7, Chapter 12, Article 10;
(3) Information about Food Recovery Organizations and Food Recovery
Services operating within the CITY, and where a list of those Food
Recovery Organizations and Food Recovery Services can be found;
and
(4) Information about actions Commercial Edible Food Generators can
take to reduce and prevent the creation of Food Waste.
iii. Method of Delivery.
The CONTRACTOR may provide the information required above by including it
with regularly scheduled notices, education materials, billing inserts, or other
information disseminated to Commercial Businesses.”
8. COMPENSATION Exhibits D, E and F are amended as attached hereto to reflect
maximum rates for the new SB 1383 services and programs.
9. BILLING AND ENROLLMENT The following is hereby added to the end of Section
____ of the Agreement as follows:
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Any contamination Processing fees to be assessed upon a Customer account shall
be included and itemized on the Customer’s invoice for the billing period in which the
CONTRACTOR notified the Customer of the assessment of the contamination processing
fee.”
CITY requires that Customers subscribe to organic waste collection services.
CONTRACTOR shall assist the CITY in ensuring that the subscription of Customers to
Collection services occurs in a timely and efficient manner. CONTRACTOR shall maintain
records and provide reports necessary for the CITY to verify the subscription of
Customers.
10. GENERATOR WAIVER PROGRAM COORDINATION.
i. General.
In accordance with SB 1383 Regulations and Section 8.08.530 of the CITY’s
Municipal Code, CITY may grant waivers from organic waste collection services to
eligible Commercial waste generators from organic waste collection services.
Waivers issued shall be subject to compliance with Section 8.08.530 of the CITY’s
Municipal Code.
ii. Requests Submitted to CONTRACTOR.
Waste generators may submit requests for waivers to the CONTRACTOR.
CONTRACTOR shall be responsible for the distribution, collection and evaluation
of waiver applications as appropriate and provide CITY a recommendation to
accept or reject waiver requests. CONTRACTOR shall review the generator’s
waiver application and inspect the generator’s premises as needed to verify the
accuracy of the application. CONTRACTOR shall provide documentation of the
review in its recommendation to approve or deny the waiver request. CITY
ultimately retains the right to approve or deny any application, regardless of the
CONTRACTOR’s recommendation and will process the approval or denial as
required by SB 1383 requirements. CONTRACTOR shall report information
regarding waivers reviewed to the CITY.
iii. CONTRACTOR Change in Customer Service Levels.
When the CITY grants a waiver to a generator, CITY shall notify the
CONTRACTOR within ten (10) business days of the waiver approval with pertinent
Customer information and any changes to the Source Separated Green Container
Organic Waste Service Level or Collection service requirements for the Customer.
CONTRACTOR shall have five (5) business days to modify the Customer’s Source
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Separated Green Container Organic Waste Service Level and billing statement,
as needed.
iv. Reverification of Waivers.
CONTRACTOR shall conduct such reverifications of waivers and review
applicable records at least once every five (5) years for de minimis and physical
space constraint waivers. CONTRACTOR shall maintain a record of each waiver
verification and provide a report to the CITY documenting the waiver reverifications
performed and recommendations to CITY on those waivers that CONTRACTOR
concludes are no longer warranted. The CITY shall make a final determination of
the waiver eligibility of those generators.”
11. INSPECTION AND ENFORCEMENT. CONTRACTOR shall assist the CITY with
applicable inspections and enforcement as specified in this Agreement. CONTRACTOR
shall maintain a computer database of all oral and written SB 1383 related non-
compliance incidents reported to CONTRACTOR by Customers, or discovered by
CONTRACTOR. CONTRACTOR shall maintain applicable records from inspection and
enforcement in accordance with SB 1383 Regulations, with the exception of Notice of
Violations which shall be the responsibility of CITY. CITY shall be responsible for the
issuance of any fines for CITY Municipal Code violations.”
12. COMPLAINTS, REPORTS OF NON-COMPLIANCE.
i. Investigation.
As needed, CONTRACTOR shall assist the CITY in its investigation of
complaints investigations.
ii. Recordkeeping and Reporting.
CONTRACTOR agrees to maintain a log of all applicable oral and written
complaints or reports of non-compliance received by the CONTRACTOR.
CONTRACTOR shall be responsible for the prompt and courteous attention to the
complaint and subsequent notice shall be sent to the CITY for further inspection
and enforcement efforts.”
13. PROVISION FOR PROCUREMENT OF RECOVERED ORGANIC WASTE
PRODUCT CONTRACTOR agrees to act as a direct service provider on behalf of the
CITY. Contractor shall coordinate and cooperate with the CITY in meeting its recovered
Organic Waste product procurement target, as required by SB 1383 Regulations, 14 CCR
Section 18993.1.
CONTRACTOR shall procure an annual quantity of Recovered Organic Waste Products
in an amount not more than the quantity specified in the calculations used to determine
the SB 1383 Admin Fee as requested by the CITY. Recovered Organic Waste Products
shall comply with 14 CCR 18993.1(f). CONTRACTOR shall comply with the
recordkeeping and verification requirements of 14 CCR 18993.2.”
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14. CONTAINER COLOR REQUIREMENTS. To the extent inconsistent with this
Amendment, Section 5 of the Agreement is amended as follows:
15. The following shall be added to the end of Section_____ “Container Color
Requirements” as follows:
“CONTRACTOR shall provide Collection Containers as follows: (i) Solid Waste
container bodies and/or lids shall be black or gray; (ii) Recyclable Materials container
bodies and/or lids shall be blue; (iii) Organic Waste Container bodies and/or lids shall be
green; and (iv) commercial Food Waste Container bodies and/or lids shall be brown.
No later than January 1, 2036, CONTRACTOR shall provide all Customers with Collection
Containers that comply with the Container color requirements specified in this Agreement
or as otherwise specified in the SB 1383 Regulations. Notwithstanding this Section, the
CONTRACTOR is not required to replace functional Containers, including Containers
purchased prior to January 1, 2022, that do not comply with the color requirements of this
Agreement prior to the end of the useful life of those Containers, or prior to January 1,
2036, whichever comes first.”
16. CONTAINER LABELING REQUIREMENTS To the extent inconsistent with this
Amendment, Section 5 of the Agreement is amended as follows: Contractor shall place a
label on the body or lid of each Container that has been provided to a Customer that
includes language or graphic images, or both, that indicate the primary materials
accepted and the primary materials prohibited in that Container in accordance with the
SB 1383 Regulations. Labels shall clearly indicate items that are Prohibited Container
Contaminants for each Container.”
17. ORGANICS RECORDKEEPING AND REPORTING. “Organics Recordkeeping
and Reporting” is hereby added to Section 26of the Agreement as follows.
CONTRACTOR shall prepare and maintain the records identified in 14 CCR
Section 18995.2(f) arising from the work performed by CONTRACTOR and assist CITY
in reporting such information.
CONTRACTOR shall also allow CITY access to records via remote access to
CONTRACTOR’s third-party reporting software for the purposes of auditing and
inspecting SB 1383-related records and reports. Additional information that may be
required from time to time for the purposes of complying with the SB 1383 Regulations
shall also be furnished by the CONTRACTOR within a reasonable amount of time and
upon request.”
18. IDENTIFICATION OF FACILITIES. CONTRACTOR shall identify the Facilities to
which they will transport organic waste as required by the SB 1383 Regulations.”
19. OTHER TERMS AND CONDITIONS UNCHANGED.
Except as expressly amended by the Amendment, all other terms and conditions of the
Agreement shall remain unchanged. In the event of any conflict between the terms and
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conditions of this Amendment and the terms and conditions of the Agreement and/or any
previous amendment thereto, the terms and conditions of this Amendment shall prevail
and control.
20. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original. All counterparts shall be construed together and shall constitute one
agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF GRAND TERRACE BURRTEC WASTE INDUSTRIES, INC.
By: By:
Mayor
Its:
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
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AGENDA REPORT
MEETING DATE: March 14, 2023 Council Item
TITLE: Objective Design Standards for Multi-Family Housing and
Mixed Use Developments
PRESENTED BY: Haide Aguirre, Senior Planner
RECOMMENDATION: 1. Conduct a public hearing, and
2. Direct the City Attorney to Read the title of the
Ordinance, waive further reading, and introduce AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, STATE OF CALIFORNIA, FINDING
ZONING CODE AMENDMENT 22-03 IS EXEMPT FROM
CEQA PURSUANT TO SECTION 15061(B)(3) AND
AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64
ESTABLISHING OBJECTIVE DESIGN STANDARD
REQUIREMENTS
2030 VISION STATEMENT:
This staff report supports our Mission Statement, to preserve and protect our community
and its exceptional quality of life through thoughtful planning, within the constraints of
fiscally responsible government; and
Goal No. 3, to promote economic development by updating zoning and development
codes in preparation of future development.
BACKGROUND:
Assembly Bill 35 (Government Code Section 65913.4) was enacted on September 29,
2017, as part of a comprehensive bill package designed to address the State’s housing
shortage and excessive cost.
The intent of new State housing law SB 35 is to streamline the review process for
multifamily residential projects by establishing a by-right ministerial approval, in order to
increase housing production and assist jurisdictions make progress into meeting their
regional housing need allocation (RHNA).
The State legislature has made several changes to State housing laws in recent years
to streamline housing approvals. In addition to the Housing Accountability Act (HAA),
Recent State legislation, primarily established under Senate Bill (SB) 35 and SB 330,
requires cities to review certain residential projects against objective standards,
including objective design standards, rather than design guidelines which are subject to
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interpretation. Specifically, the legislature has taken steps to reduce the amount of
subjective discretion jurisdictions have, requiring that certain residential types of
projects are being reviewed and considered through a ministerial process.
Government Code Section 65913.4 (5) defines “Objective Design Standards” as the
following: “one that involves no personal or subjective judgment by a public official and
is verifiable by reference to criteria available and known to both an applicant and the
public official prior to submittal.”
The following summarizes the collective impact that the three legislative actions have
had and how that transcended to the requirement for the City to establish objective
design standards:
Housing Accountability Act (HAA)
A city cannot deny a project, reduce its density, or otherwise make a project infeasible,
if the project complies with objective standards. However, if an applicant seeks an
exception to an objective standard, the project is no longer protected by the HAA. In this
circumstance, since the project approval must rely on the findings required for approval
of a deviation or variance, any subjective standards and full discretionary review of the
design by the Commission can be used to evaluate the project.
Affordable Housing Streamlined Approval Process (SB 35)
This legislation creates an opt-in program for developers that allows a much more
streamlined ministerial approval process for developments in the City as it relates to
meeting the regional housing need allocation (RHNA). To be eligible, a project must
satisfy a specific level of affordability; be on an infill site; comply with existing residential
and mixed-use general plan or zoning provisions; and comply with other requirements
such as, locational and demolition restrictions among other strict and limited criteria.
This streamlined, ministerial entitlement process relies on objective design standards.
Additionally, an SB 35 project is not subject to review under CEQA. An eligible project is
also not subject to any type of discretionary review; therefore, the adoption of objective
design standards would significantly affect these types of projects and ensure quality
design.
Housing Crisis Act (SB 330)
This allows a housing developer to submit a “preliminary application” to a city for a
housing development project. Submittal of a preliminary application allows a developer
to provide a specific subset of information on the proposed housing development before
providing the full amount of information required for a formal application. SB 330 placed
additional guarantees or assurances for a developer. It also requires both the city and
the developer to comply with certain timeframes for reviews and submittals. Upon
submittal of a preliminary application an applicant is allowed to “freeze “development
standards that apply to a project while the rest of the material necessary that will be
required for a formal submittal is assembled. After an application is deemed complete,
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the City cannot deny an eligible housing development project or condition its approval to
reduce density, impose a moratorium, or require design changes that are inconsistent
with objective design standards. These provisions will sunset on January 1, 2025,
unless extended by the legislature and governor.
DISCUSSION:
The City of Grand Terrace desires to establish Objective Design Standard requirements
in accordance with Senate Bill 35 (SB 35) and Senate Bill 330 (SB 330).
These objective design standards intend to respond to State law by making changes to
the zoning Ordinance (Title 18) establishing Chapter 18.64 Objective Design Standards
(Attachment A).
The proposed Objective Design Standards (“ODS”) will supplement the City’s existing
development standards as outlined in each zoning district. The regulations do not affect
or change allowable land use types and do not replace individual zoning district
development standards established for lot size, setbacks, lot coverage, building height,
etc. The process to review and approve development projects relying upon
implementation of these standards aligns with the State requirements that the City
adopt a ministerial review and approval process for multifamily residential development
and mixed-use development with a residential component comprising at least two-thirds
of the project.
In addition, the proposed ODS contain standards for sustainable design, building
design, site design, and establishes the procedures for conducting ministerial design
review, including provisions that allows for discretionary review of a project by the
Planning Commission should an applicant choose to deviate from the established
standards.
On May 19, 2022, the Planning Commission received a presentation introducing the
proposed ODS requirements and on June 16, 2022, a joint Special Workshop Meeting
was held by the City Council and Planning Commission/Site and Architecture Review
Board to provide feedback to staff.
The City of Grand Terrace was selected among three other cities by SCAG to develop
the City’s Objective Design Standards. Crandall Arambula (“Consultant”) was hired by
SCAG to work with the selected cities. Staff has been holding bi-weekly meetings with
Jonathan Konkol and Don Arambula of Crandall Arambula to further develop the city’s
ODS requirements, including addressing the City Council and Planning Commission’s
input from the previous workshop meetings.
The Consultant has worked with staff refining ODS requirements including but not
limited to mixed use development, electric vehicles, parking, color, walls and fences,
open space, public art, landscape requirements, and inclusion of low income units. In
addition, the Consultant has worked with staff to refine the graphics to better illustrate
the requirements, assess the ODS original draft, enhance and clarify the language.
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On January 19, 2023, the Planning Commission site and architectural review board
conducted a duly noticed public hearing and voted unanimously 5-0 adopting a
Resolution recommending City Council adoption.
The Planning Commission recommendation included a couple of additional provisions:
1. Compliance with San Bernardino County Fire; and
2. Directed staff to include additional requirements to mitigate privacy issues.
Multi-family residential units have limited privacy due to the type of
development; however, a 10-foot landscaping setback has been included
requiring vertical evergreen trees at a minimum height of 20-feet, and
maximum spacing of 10-feet on-center at installation to provide landscape
privacy screening to adjacent existing residential development.
On Tuesday, February 14, 2023, the City Council conducted a duly noticed public
hearing and voted unanimously 5-0 to continue this item and directed staff to hold an
additional ODS public workshop.
A Community Workshop was scheduled for Tuesday, March 14, 2023, from 4:00 p.m. to
6:00 p.m. at the Council Chambers. The ODDS workshop flyer was posted in the city’s
kiosk, on the city’s Website, Facebook, Twitter, and e-mail blast. In addition, the ODS
workshop flyer was printed in the local adjudicated newspaper on March 2, 2023, and
March 9, 2023.
ENVIRONMENTAL:
The proposed zoning code amendment is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), which states
the activity is covered by the general rule that CEQA applies only to projects [that] have
the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. Amending the
Grand Terrace Code to include Objective Design Standards (ODS) would not result in
any environmental impacts. Future development projects subject to the proposed
ordinance would be reviewed for potential environmental impacts.
PUBLIC NOTICE:
Public notice was provided in accordance with state law, which included publishing a
legal advertisement in the Grand Terrace City News and posting in three public places.
As of the date of this report, staff has not received any comments.
FISCAL IMPACT:
There will be no expenditure on the part of the city to adopt this ordinance.
RECOMMENDATION:
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Staff is recommending the City Council conduct a public hearing and read by title only,
waive further reading and Introduce an Ordinance Finding Zoning Code Amendment 22-
03 exempt from CEQA pursuant to Section 15061(b)(3) and Amending Title 18 of the
Municipal Code by adding Chapter 18.64 establishing Objective Design Standard
Requirements.
ATTACHMENTS:
• Ordinance_3.6.2023 (DOC)
• 2.13.23 Grand Terrace Draft ODS (DOCX)
APPROVALS:
Haide Aguirre Completed 02/01/2023 4:58 PM
City Attorney Completed 02/07/2023 3:49 PM
Finance Completed 02/06/2023 9:32 AM
City Manager Completed 02/06/2023 9:10 AM
City Council Pending 03/14/2023 6:00 PM
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE
AMENDMENT 22-03 IS EXEMPT FROM CEQA PURSUANT TO SECTION
15061(B)(3) AND AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 18.64 ESTABLISHING
OBJECTIVE DESING STANDARD REQUIREMENTS
WHEREAS, the City of Grand Terrace (“City”) adopted a zoning code, which has
been amended from time to time; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings in compliance with the
California Government Code; and
WHEREAS, the proposed Zone Code Amendment 22-03 to the Municipal Code is
consistent with the goals and policies of the City of Grand Terrace General Plan; and
WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18.64 establishing Objective Design Standard requirements as provided
in Zone Code Amendment 22-03, which is attached hereto and incorporated herein by this
reference as Exhibit A; and
WHEREAS, the City Council has determined that Objective Design Standards meet
the intent of Assembly Bill 35 to streamline the review process for multifamily residential
project while maintaining high development standards development; and
WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace
Municipal Code, the City Council shall hold a public hearing on any proposed amendment
to the Zoning Code; and
WHEREAS, Zoning Code Amendment 22-03 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the activity
is covered by the general rule that CEQA applies only to projects [that] have the potential
for causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to
include objective design standards would not result in any significant environmental
impacts due to the narrow scope of the project; and
WHEREAS, on May 19, 2022, the Planning commission received a presentation
introducing the proposed Objective Design Standard requirements and provided comments
to staff; and
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WHEREAS, on June 16, 2022, the Grand Terrace City Council and Planning
Commission/Site and Architectural Review Board (“Planning Commission”) conducted a
joint workshop discussing Objective Design Standard requirements providing comments to
staff; and
WHEREAS, on January 19, 2023, the Grand Terrace Planning Commission
conducted duly noticed public hearing at a regular meeting of the Planning Commission on
Zoning Code Amendment 22-03 at the Grand Terrace City Hall Council Chambers located
at 22795 Barton Road and concluded the hearing by adopting a Resolution recommending
5-0 that the City Council determine that this Ordinance is exempt from CEQA pursuant to
Section 15061(b)(3) and approve this Ordinance establishing Objective Design Standard
requirements; and
WHEREAS, on February 14, 2023, the Grand Terrace City Council conducted a duly
noticed public hearing on Zoning Code Amendment 22-03 at the Grand Terrace Council
Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and voted
unanimously 5-0 to continue the hearing and directed staff to schedule a Community
Workshop; and
WHEREAS, on March 14, 2023, a Community Workshop was held from 4:00 p.m. to 6:00
p.m. at the Council Chambers located at 22795 Barton Road on Zoning Code Amendment
22-03 proposing Objective Design Standards. The ODDS workshop flyer was posted in the
city’s kiosk, on the city’s Website, Facebook, Twitter, and e-mail blast. In addition, the ODS
workshop flyer was printed in the local adjudicated newspaper on March 2, 2023, and
March 9, 2023; and
WHEREAS, on March 14, 2023, the Grand Terrace City Council conducted a duly
noticed public hearing at the regular meeting on Zoning Code Amendment 22-03 at the
Grand Terrace City Hall Council Chambers located at 22795 Barton Road and concluded
the hearing by voting _______ adopting a Resolution on March 14, 2023, and conducted
second reading on______, 2023; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in
the above Recitals, are true and correct and, further, incorporated such facts herein.
SECTION 2. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of
Regulations because the revisions are regulatory in nature and will not in themselves
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create impacts to the environment.
SECTION 3. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council specifically finds as follows:
1. Zoning Code Amendment 22-03 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the City because these amendments establish “Objective Design Standard”
requirements that will support State requirements to provide ministerial review
on multifamily projects and mixed-use development while preserving the
architectural standards to create and promote visual character of the
community and protecting the quality of life of residents and visitors.
2. Zoning Code Amendment 22-03 is consistent with the General Plan and the
Municipal Code because these amendments establish “Objective Design
Standard” requirements that supports the goals and policies of the General
Plan programs and policies that will preserve and enhance the quality and
character of the city, encourage street oriented mixed use and multi-family
residential projects while maintaining the highest standards to provide
development that will enhance the surrounding development.
3. Zoning Code Amendment 22-03 will not be injurious to property or
improvements in the neighborhood or within the city. The establishment of
“Objective Design Standards” create a set of requirements that maintain high
quality of design and construction for multifamily and mixed-use development.
The Objective Design Standard requirements will allow the construction of
high-density development that will revitalize the city’s image and enhance the
visual character of the community as well as curb the negative impacts of
multifamily and mixed-use developments in general.
SECTION 4. Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council finds this Ordinance, adopting Objective
Design Standards 22-03, is exempt from CEQA pursuant to section 15061(b)(3).
SECTION 5. Based upon the forgoing and all oral and written testimony by
members of the public and City staff (including, but not limited to, staff reports and
attachments) made at the public hearing, the City Council hereby amends Title 18 (Zoning)
of the Grand Terrace Municipal Code as provided in Exhibit A, attached hereto and
incorporated herein by reference.
SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
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such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
SECTION 7. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of the
City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days
from and after its adoption.
SECTION 9. First read at a regular meeting of the City Council held on the 14 day of
March 2023, and adopted the Ordinance after the second reading at a regular meeting held
on the __day of ____, 2023.
SECTION 10. Certification. The Mayor shall sign, and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard and this Ordinance shall take effect
30 days after its final passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the14 day of March 2023.
__________________________
Bill Hussey, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
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Exhibit A
Chapter 18.64
OBJECTIVE DESIGN
STANDARDS
Sections:
18.64.010 Purpose, Intent and Applicability
18.64.020 Other Standards and Requirements
18.64.030 Definitions
18.64.040 Sustainable Design
18.64.050 Building Design
18.64.060 Site Design
18.64.070 Additional Standards
18.64.080 Additional Mixed Use Standards
18.64.090 Permits and Approvals
18.64.010 Purpose, Intent and Applicability
This chapter is intended to implement the provisions consistent with Senate Bill No. 35 and
Senate Bill 330, Government Code Sections 65400
A. Purpose. The purpose of this Chapter is to establish design standards that are
objective for multifamily residential development and mixed-use development with a
residential component to ensure that such development is attractively designed,
maintains positive aesthetic characteristics, and to provide property owners and
developers with predictable design approval standards for such development. The
standards established in this Chapter are supplemental to the development standards
applicable to multifamily residential development and mixed-use development as
established within the Municipal Code for each zoning district allowing such use.
This Chapter also establishes conditions and procedures for processing streamlined
housing projects consistent with Government Code Section 65913.4.
B. Intent. It is the intent of this Chapter to provide design standards that are
objective while also ensuring that the City’s requirements for quality design of
multifamily residential development and mixed-use development with a
residential component are satisfied. These design expectations are to be applied
uniformly, and without discretion, to enhance the built environment within the
City for both affordable and market-rate multifamily residential development.
C. Applicability. The provisions of this Chapter apply to all multifamily residential
developments and mixed-use development with a residential component as defined
herein. Regarding the permitting process in particular, any application that complies
with all provisions of this Chapter and regulations of the applicable zoning district
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shall be eligible for a ministerial review process, as set forth in Section 18.64.080
(Permits and Approval). When an applicant elects to deviate from the objective
design standards set forth in this Chapter, a ministerial review process
shall not apply and the development application shall be subject to any required
discretionary application types, review and approvals as set forth in Chapter 18.63 (Site
and Architectural Review).
18.64.020 Other Standards and Requirements
A. Zoning and Development Standards. A multifamily residential development or
mixed-use development with a residential component that is designed in
conformance with this Chapter shall also comply with all development standards
and regulations of the designated zoning district and other applicable provisions
of Title 18 (Zoning).
B. Subdivision Regulations. A multifamily residential development or mixed-use
development with a residential component that is designed in conformance with this
Chapter that requires the approval of a subdivision action in order to establish a legal
building site for such development, shall comply with all applicable requirements of
Title 17 (Subdivisions).
C. Building/Fire Codes. A multifamily residential development or mixed-use
development project with a residential component that is designed in conformance
with this Chapter shall also comply with all applicable regulations of Title 15
(Buildings and Construction), including but not limited to plan check review, permit
issuance and applicable fees. Projects must comply with San Bernardino County Fire
submittal and review requirements.
D. California Environmental Quality Act (CEQA). A multifamily residential
development or mixed-use development project with a residential component that is
designed in conformance with this Chapter, qualifying for a ministerial review
process, shall be considered exempt from CEQA pursuant to Government Code
Section 65913.4. This exemption does not preclude a determination by the City that
certain technical reports (e.g., stormwater quality management plan, water and sewer
studies, traffic studies, noise studies, parking studies, biological survey, historical
survey) are required as part of the standard submittal checklist established by the
Director, or as required through the imposition of standard conditions of approval.
Any required technical reports shall conform to City requirements established for such
reports. Projects that do not qualify for a ministerial review process shall be reviewed in
compliance with the applicable CEQA guidelines for discretionary application types.
18.64.030 Definitions
For purpose of this chapter, the following terms shall be defined as follows:
A. “Multifamily Residential Development” means a building(s) with two or more
E.7.b
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attached residential units. It also includes a mixed-use development with a
residential use as defined herein. This term does not apply to accessory dwelling
units generally unless the application is for new construction of a single-family
home with an attached accessory dwelling unit.
B. “Mixed-Use Development” means a building(s) and site where at least two-thirds
(2/3) of the square footage of the building(s) shall be designated for residential use.
The two-thirds (2/3) calculation is based upon the ratio of gross square floor area
(square feet) of residential units and related residential facilities to gross building(s)
floor area (square feet) for the nonresidential use, such as commercial. Buildings that
include both residential and nonresidential uses shall be credited proportionate to the
intended use. The calculations of building(s) square footage shall not include non-
conditioned building floor area or below-grade floor area, such as basements, or
underground parking garages.
C. “Ministerial Review Process” means a process for development approval
involving little or no personal judgment by the City as to the wisdom or manner
of carrying out the project. The ministerial review process simply ensures that
the proposed development meets all the requirements of this Chapter.
D. “Objective Design Standards” are defined in Government Code Sections 65913.4
and 66300 (a)(7) to mean that no personal or subjective judgment is used by the
City. The standards are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both the development
applicant/proponent of the project and City prior to submittal of a development
application.
18.64.040 Sustainable Design
A. LEED Platinum Requirement. For the purposes of this Chapter, all multifamily
residential buildings and sites and mixed-use buildings and sites with a residential
use shall demonstrate that the application qualifies for the “Platinum Level
Certification,” or an equivalent standard as defined by the Leadership in Energy and
Environmental Design (LEED) of the United States Green Building Council. Plans
and/or supplemental specifications shall be provided at the time an application is
submitted for preliminary or formal review as required by City application
forms/checklists as established by the Director.
B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all
multifamily residential development and mixed-use development with a residential
use shall demonstrate that the application is in compliance with all applicable
requirements by the Riverside Highland Water Company and compliance with the
City’s Water Efficient Landscape regulations in Chapter 15.56. The landscaping
application shall demonstrate conformance with the latest Model Water Efficient
Landscape Ordinance (MWELO) guidelines by the California Department of Water
Resources. Plans and/or supplemental specifications shall be provided at the time an
E.7.b
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application is submitted for preliminary or formal review as required by City
application forms/ checklists established by the Director.
18.64.050 Building Design
Unless otherwise noted, development shall comply with the Municipal Code design
development standard requirements of the underlining zoned district in which they are
located, including but not limited to front setback requirements, distance between buildings,
required height, and lot coverage.
A. Residential Entries. The following standards apply to first floor street or publicly
accessible common open space-facing façades of residential or mixed-use buildings. The
primary orientation of a building or unit entrance in multifamily residential site shall be
designed in accordance with the following standards:
1. Street-oriented Entries. Buildings fronting a public street shall have a primary
residential door entrance oriented to the public street or oriented to within 45
degrees of the line parallel to a public street intersection as illustrated in Figure
18.64.050A. Direct and unobstructed universal access shall be provided between the
public sidewalk and the residential primary building entrance. Where a site is
located on two or more public streets, the primary building first floor residential
entry shall be oriented toward the street with the highest roadway classification as
defined in the Circulation Element of the Grand Terrace General Plan. If a multi-
family site fronts two public streets of equal roadway classification, either street
frontage may be used to meet the entry standard.
2. Individual Residential Unit Entries. Multi-family residential buildings with exterior
residential unit entries shall front and be setback a minimum of ten (10) feet from
the public sidewalk. Entries shall be linked to the public sidewalk with a ten (10)
foot minimum width access walkway, ramp, and/or stairs as illustrated in Figure
18.64.050 A.
E.7.b
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3. Common Open Space-oriented Entries. Multi-family residential building primary
entries are permitted to be located at the first floor and directly accessible from
publicly accessible common open space paseos, courtyards, plazas, or a street
fronting residential setback as illustrated in Figure 18.64.050B. Common open space
entries shall have direct sightlines and continuous and unobstructed universal access
sidewalk routes between the entries and the street public sidewalk.
4. Exterior Multiple Unit Entries. Residential entrances serving multiple units shall be
accessed from a first floor lobby or stairwell that is linked to a public sidewalk,
publicly accessible open space, or residential front setback. Exterior entrances to
individual units on upper floors utilizing an exterior access corridor visible and/or
connecting to a public street shall serve a maximum of four units and shall be
recessed with a minimum depth of ten (10) feet as illustrated in Figure 18.64.050 B.
E.7.b
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B. Modulation and Articulation. The massing and articulation of buildings in multifamily
residential development shall be designed in accordance with the following standards:
1. Setbacks. Multifamily units that are anticipated to have impact adjacent development
privacy. To mitigate the impacts, the following standards shall apply, as illustrated in
Figure 18.64.050C.
a. Minimum requirements. When a multifamily residential building is constructed
adjacent to any parcel that includes an existing structure, a fifteen (15) foot setback is
required wherever the multifamily building is located within ten (10) feet of a required
side or rear setback. The setback shall be for stories that are one (1) story greater than
the highest roof line elevation of any existing residential structure.
E.7.b
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b. Size and location of windows. To mitigate privacy impacts, residential units shall
reduce the number and locate residential windows to minimize sightlines to existing
development. All California Building Code egress window requirements for residential
occupied units shall be met.
c. Landscape privacy screening. When adjacent to existing residential development, a 10-
foot landscaped setback shall include vertical evergreen trees, at a minimum height of
20 feet, and maximum spacing of 10 feet on-center at installation. All privacy
screening trees shall be planted at a minimum of twenty-five (25) percent of full
growth maturity. All trees shall be provided at a minimum size of 36-inch box.
1. Facade Modulation. As illustrated in Figure 18.64.050D, all building facades shall be
articulated horizontally a minimum of every fifty (50) feet along all sides, using
facade projections, recesses, or step backs of upper floors. Façade area used to meet
this standard shall be a minimum of five feet in depth and 10 feet in width and shall
be articulated vertically a minimum of two-thirds (2/3) of the height of the structure.
E.7.b
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2. Façade Articulation. Articulation of any facade greater than 20 feet in length along
any street- facing frontage, or 30 feet along any façade. These facades shall be
articulated by incorporating at least three (3) of the following features each of which
is illustrated in Figure 18.64.050E:
a. Window and door fenestration. All individual or window and door systems shall
project a minimum of two (2) inches in depth from the primary wall plane or shall
be recessed from the primary wall plane a minimum of three (3) inches;
b. Recessed ground floor modulation. Exterior arcades, porticos or cantilevered
ground floor building recesses that provide sheltered walkways, patios, stoops or
porches within the building footprint, having a minimum area of fifty (50) square
feet;
c. Horizontal modulation. Projected or recessed bay, oriel, or alcove of a minimum two
(2) foot depth variations from the primary wall plane for 30 percent of building frontage;
d. Modulated entries. A recessed stoop or porch or projected vestibule or foyer unit entry
with a minimum area of fifty (50) square feet; or
e. Vertical articulation pilasters which project a minimum of six (6) inches in
depth from the primary façade and extend the full height of the building from
the first story finished floor elevation to the rooftop eave or top of parapet or
cornice line.
E.7.b
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3. Roofline Articulation. All building rooflines shall be vertically articulated at least
every fifty (50) feet, through one of the following techniques as illustrated in Figure
18.64.050F:
a. Option 1- An increase or decrease in height of a minimum four (4) feet;
b. Option 2- A change in at least one (1) roof pitch or form; or
c. Option 3- Articulation of the roofline utilizing of one (1) of the following- dormers,
gables, varying height cornices, and/or clerestory windows.
E.7.b
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4. Horizontal Articulation. Buildings three (3) stories or greater in height shall be
horizontally articulated a minimum of every one hundred (100) feet along all
frontages through the use of either façade recesses or façade projections. Setbacks or
projections shall be a minimum of five (5) feet in depth and ten (10) feet in width and
shall extend the full height of the building from the first story finished floor elevation to the
roof eave or top of parapet or cornice line.
5. Vertical Articulation. Buildings three stories or greater in height shall vertically
differentiate the function and use of the first story from the upper story(s) by
providing a façade cladding material change between the first story and upper stories
for a minimum of 75 percent of all facades. Facades shall incorporate at least two of the
following to achieve this differentiation as illustrated in Figure 18.64.050G:
a. Recesses or Projections. Variation in the primary façade plane projecting or
recessing a minimum of four (4) inch in depth at the vertical transition line
between the first story and upper story(s) façade materials.
b. Horizontal Banding. Horizontal articulation between the first story and upper
story(s) primary façade planes utilizing a twelve (12) inch projecting ornamental
or functional water table, belt course, molding or ledge.
c. Masonry Base. The first floor primary façade shall consist of a masonry
material, including hand laid and mortared field stone, brick, split face, sand
blasted, or burnished concrete masonry units (CMU), projecting a minimum
depth of one inch from the primary façade of the building. Alternative masonry
materials include tile, wood siding, shakes, or metal panels.
E.7.b
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d. Step Backs. Recessing the top story(s) of the façade a minimum of five (5) feet from
the lower story(s) primary façade(s).
C. Architectural Elements. Buildings in multifamily residential development parcels shall be
designed in accordance with the following standards:
1. Four (4) Sided Architecture. All buildings and structures within a multifamily
development parcel shall utilize the same façade design elements, utilized the same
materials and roof materials and articulation and modulation treatment on all building
facades, including the use of paint colors.
2. Quality. Mixed income multi-family development parcels that include both affordable
residential units and market rate residential units are required to be constructed using
the same façade articulation and modulation treatment, façade colors, and materials
such that the façades of affordable and market rate units are indistinguishable.
3. Private Open Space Amenity. All first (1) floor residential units shall include a
private terrace or patio. All upper floor residential units shall include a private
balcony or rooftop terrace.
4. Architectural Projections. All building façades and/or roofs shall include a minimum
of two (2) of the following features above the first (1) floor of the building along all street
frontages as illustrated in Figure 18.64.050 G. The horizontal distance between features shall
be no greater than twenty-five (25) feet. The minimum width and depth of these features
shall be as follows:
a. Greenhouse or garden windows- must be at least eight (8) inches in depth at the
farthest point from the primary façade of the building, and five (5) feet in width.
b. Bay Windows- must be at least ten (10) inches in depth measured at the farthest
point, and five feet in width.
c. Roof dormers- must be at least two (2) feet in depth measured at the farthest point
from the roof surface of the building, and four (4) feet in width.
d. Balconies and Rooftop decks- must be at least five (5) feet in depth and ten (10) feet
in width.
E.7.b
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5. Blank Walls. First floor façade without doors or windows shall be no greater than two
hundred (200) square feet where fronting sidewalks, multi-use paths, or publicly
accessible outdoor common space areas. Blank wall frontages shall include front or
side yard setback landscape screening foundation planting beds that must be a
minimum of three (3) feet in width for the entire façade length.
6. Blank Wall Standards. Blank walls shall be mitigated where it is infeasible to provide
openings, such as a parking garage, trash room, mechanical room, or electrical room.
One of the following treatments shall be provided for any blank wall greater than
twenty (20) feet in length:
a. Wall treatment. Wall treatment in the form of permitted graphic or sculptural art;
decorative ceramic tile; or painted metal or treated wood latticework combined
with living plant material shall be provided along the blank wall. A minimum of
fifty (50) percent of the blank façade shall be treated.
b. Surface texture. Surface articulation that recesses or projects a minimum of two
(2) inches from the face of the primary facade shall be provided. Stone, stone
veneer, cast in place or precast concrete, and finished concrete block are permitted
surface treatments. A minimum of fifty (50) percent of the blank facade shall be
treated.
E.7.b
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c. Screen Landscaping. Planting in the form of any combination of climbing vines,
perennials, annual flowers, decorative grasses or shrubs, shall be provided in
planting beds, raised planting beds or planter boxes in front of the blank wall.
Such planting bed or planter boxes shall extend to a depth of at least three (3)
feet, inclusive of any structure containing the planted material. Any individual
planted area shall have a width and height of at least five (5) feet at time of
landscape installation. A minimum of fifty (50) percent of the blank façade shall
be screened by planted material.
D. Building Colors and Materials.
1. Primary Façade Material. Building primary façades shall be wood, stone, brick, stucco,
fiber cement or other cementitious material, or composite wood or stone.
2. Secondary Façade Material. At least two (2) secondary façade materials shall be used on
all building façades.
3. Building Color. Buildings shall have a minimum of one (1) primary façade color,
one (1) secondary façade color, and two (2) accent window and door frame, or trim
colors, and one (1) roof color.
4. Façade Color Standards. Facade colors shall be select that are appropriate for
Grand Terrace’s Inland Empire setting. Paint color and finish shall be muted and
flat to imitate colors found naturally in nearby Blue Mountain soil, trees, rocks,
and other organic materials.
a. The use of color and materials shall strengthen and complement building
vertical and horizontal modulation.
b. All building facades shall be painted equally.
c. Facade Colors. The primary color and secondary colors shall be limited to warm
white shades and rich, warm colors containing some brown (ranging from neutral
tan to deep brown).
i. The outer ring of the color wheel illustrates the range of colors that are of an
earth tone and are acceptable for use. Facade colors within the illustrated earth
tone spectrum may vary in tint and tone but are not allowed to use the hue
(pure color) as illustrated in Figure 18.64.050 H.
E.7.b
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5. Fenestration Color Standards. Windows, doors, and trim shall be limited to a minimum
of two (2) and a maximum of three (3) paint colors.
a. Window and door trim is permitted to utilize all the tints and tones of the
full color spectrum.
b. Windows shall be limited to shades of black or warm colors containing deep brown.
c. Doors shall be permitted to utilize the tints and tones of the full color spectrum.
d. Prohibited Colors. Trim, Doors and Windows are prohibited from utilizing the
hue of any color.
6. Color Sources. Building shall use the hex color palettes identified as earth tones in
Hexcolorpedia
https://hexcolorpedia.com/?s=earth+tonespage%2F2page%2F2page%2F2 or
equivalent on-line color tool that provides information about earth tone color.
Buildings shall be limited to:
a. Primary Building Façade Colors. The primary hex color tints, tones and shades.
b. Primary Color Blending. Blending two hex color values to create a gradual
transition.
c. Secondary Color Schemes. Complementary, analogous, triadic, tetradic,
aesthetic, hue rotation and monochromatic hex colors schemes.
7. Prohibited Façade Materials. The following materials shall not be used for multi-
E.7.b
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family residential building façade. Cladding shall include the following prohibited
materials: vinyl siding, corrugated fiberglass siding, chain link fencing parapet or
mechanical equipment screens, crushed colored rock veneer panel siding, corrugated
metal, engineered oriented OSB sheathing panels, tongue and groove and T1-11
plywood siding. No more than five (5) percent of a façade may be of reflective vision
and/ or spandrel glazing, tumbled glass tiles, ceramic tiles or architectural metal
paneling. MDO or CDX grade or better weather protected painted or stained plywood
panels used for board and batten cladding is permitted. No cladding shall have
exposed or unfinished edges.
8. Windows. True divided lite window types are permitted. Simulated divided lite
windows with decorative grilles embedded or applied to window glass glazing is
prohibited. Window tinting is prohibited.
9. Doors. Fifty (50) percent minimum transparent glass doors for multiple unit
lobby entrances shall be required but shall not be required for individual
residential unit entries.
18.64.060 Site Design
A. At-Grade Parking Lots and Individual Residential Unit Parking Garages/Carports. In
addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily
residential sites with at-grade parking lots, or where units are served by individual
residential unit garages/carports, shall be designed in accordance with the following:
1. Location. At-grade parking lots, parking spaces, or loading zones shall not be located
between the building frontage and public streets. If a site consists of multiple
buildings, this standard only applies to the building(s) fronting public streets. At-
grade parking lots shall only be located behind street fronting buildings.
2. Pedestrian Access. Publicly accessible six (6) foot minimum width sidewalks shall
be provided through at-grade parking lots at a minimum of every four rows of
parking or at a minimum of every one hundred thirty (130) feet, whichever is less.
Publicly accessible sidewalks shall be designed to connect to buildings with
consolidated entries and linked to other public sidewalks, and publicly accessible sidewalks
within the site. All such pathways shall be clearly marked and differentiated from at-grade
parking lot drive lanes areas by colored and or surface textured asphalt, unit pavers, or
stamped concrete pavement treatment. Public accessible sidewalks shall meet the right-of-
way established in the Grand Terrace, Circulation Element and shall include the required
street landscape, per Municipal Code, Chapter 12.28-Street and Parkway Trees.
3. Motor Vehicle Access. At-grade parking lot motor vehicle access shall be taken from
an any existing alley. For sites without an alley, at-grade parking lot motor vehicle
access shall be from a public street curb cut and driveway with the lowest roadway
classification as identified in the Grand Terrace Circulation Element. Alleys shall be
considered part of the multi-family site and shall be maintained by the property
owner as a condition of use.
4. Garage Door Setback. Individual residential unit parking garage doors that front the
street shall be setback a minimum of five (5) feet behind the front primary façade of
the multi-family building or the front façade of a covered porch or stoop that
projects in front of the primary façade.
E.7.b
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5. Garage/Carport Design. Individual residential unit parking garages and/or carports
shall include equivalent façade design elements, fenestration, material and color
application as those of the residential buildings within the site.
B. Structured Parking. In addition to the requirements of Chapter 18.60 (Off-Street
Parking), multifamily residential buildings that include structured parking shall be
designed in accordance with the following standards:
1. Screening. Where multifamily building fronts public streets, structured parking
shall not comprise more than fifty (50) percent of the first floor building width
subject to the following:
a. Any two hundred (200) square feet or greater facade shall include required
façade articulation, landscaping, and/or other requirements of C. Architectural
Elements 5. Blank Walls.
2. Ventilation. Façade natural exhaust ventilation openings shall be screened with
wrought iron grilles and/or landscaping. Ventilation openings shall not exceed
twenty (20) percent of any street fronting first floor façade.
3. Control and Access. Mechanically or manually-controlled structured parking doors or
gates shall be setback a minimum of forty (40) feet behind the back of a public
sidewalk. For mixed use buildings or sites, the use of controlled entrances shall be
limited to the portion of a structured parking reserved for resident parking spaces. At
controlled structured parking driveway entrances, lanes shall be dimensioned to
permit motor vehicle U-turns to allow a vehicle to exit without backing into the street.
Parking spaces provided for multi-family building guest, service and delivery use
shall be provided outside of any controlled entrance parking structure.
C. Site Access and Connectivity. Multifamily residential site streets, sidewalks, and multi-
use pathways shall include:
1. Internal Sidewalks. Sites shall provide unobstructed American with Disabilities
Act (ADA) compliant five (5) foot minimum width surface separated by a
minimum three (3) foot wide planting bed where fronting any building.
2. Site Design. For multi-family sites, the following standards shall apply as
illustrated in Figure 18.64.060A:
a. Internal Circulation. Multi-family sites that include internal streets or driveways
shall provide uninterrupted continuous vehicle and walking connections through the
site and a minimum of two (2) access points to fronting public streets or alleys and
sidewalks.
b. All site internal streets, driveways, alleys, sidewalks, and multi-use pathways
shall align with all existing and planned streets, alleys, sidewalks, and multi-use
pathways external and fronting to the site.
c. Any internal site cul-de-sac or other dead-end street longer than three hundred
(300) feet shall provide sidewalk or multi-use pathway connections between
internal or external streets sidewalks or multi-use pathways.
d. Multi-family sites shall not be greater than six hundred (600) feet in length,
measured from any fronting cross-street centerline, alley center line, or side
property line. Walking and biking midblock access connections shall be
E.7.b
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provided at distances no greater than three hundred fifty (350) feet measured
from a cross-street center line, alley center line, or side property line to the mid-
block sidewalk or multi-use pathway center line. All connecting midblock
sidewalks or multi-use pathways shall have a ten (10) feet minimum width.
E.7.b
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D. Landscaping and Common Open Space Amenities. Multi-family buildings and sites
shall comply with all open space requirements of each zoning district and the
following additional site design standards:
1. Minimum Requirements. Sites shall include live landscape plant and/or mulch
materials throughout except where paved parking lots, streets, driveways, sidewalks,
patios, service or utility structures/ pads, recreation facilities, or water elements
occur. Live landscape planting will comprise a minimum of seventy-five (75) percent
coverage and planted at fifty (50) percent (minimum) at installation.
2. Minimum Size. All site trees and shrubs shall be planted at a minimum of twenty-
five (25) percent of full growth maturity. Trees within landscaped areas shall be
provided at a minimum size of 36-inch box, or a minimum 48-inch box if tree
specimen has a 20-foot canopy.
3. Concrete Surface Standards. Multi-use pathways adjacent to common open space
areas that include flat work concrete surfaces greater than ninety-six (96) square feet
shall be poured in place concrete. A minimum of fifty (50) percent shall be a
stamped, salt, or exposed aggregate finish or utilize multiple colors of concrete with
no individual section having more than ninety- six (96) square feet of one color.
Stamped, or aggregate finish shall be used in high traffic areas.
4. Other Landscape Requirements. Landscape requirements not specifically stated
on this Ordinance shall comply with the Municipal Code, Chapter 18.61-
Landscape Requirements
5. Walls and Fences
a. Walls and fences within the front setback shall not exceed 3 feet in height.
b. Concrete or Concrete Masonry Unit (CMU) Will be constructed with split faced
or shot blast CMU; or stone veneer over precision block; or monolithic poured
concrete with surface resembling either stone veneer, or split face finish; or
monolithic poured concrete with raised or depressed patterns of at least one half
inch (1/2”) covering 50% of the surface.
c. Fences must be constructed of cedar or vinyl materials. All posts must have caps.
Acceptable type of wood fence are illustrated in Figure 18.64.060 B.
E.7.b
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d Other fences include:
i. Wrought iron or decorative iron, must have twelve (12) inches by twelve (12)
inches pilaster a minimum of every ten (10) feet
ii. Brick, stone, or brick or stone veneer over precision block.
iii. Glass fencing panels
iv. Columns of brick, stone, stone veneer or CMU as above no more than ten (10)
feet apart with any of allowed fencing materials between the columns
6. Multi-family development sites shall comply with the parkway requirements
included on Chapter 12.28 – Street and Parkway Trees.
7. Common Open Space Standards (parkway requirements). Common open space
resident amenities areas shall have a minimum dimension of 15 feet in depth and
width and shall be contiguous to accommodate passive individual or group
active recreational activity areas.
8. Common Open Space Siting Criteria. Location of common open space amenity areas
shall be determined by the following siting criteria:
a. Equal distance or less to no less than fifty (50) percent of all residential units within
the multifamily building or site.
b. Solar orientation. Preferred Option- oriented no more than thirty (30) degrees off
of a true south facing axis line. Alternative Option- oriented no more than thirty
(30) degrees off of a true east or west facing axis line. Prohibited- oriented off a
north facing axis line.
E.7.b
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c. Screening. Visually obstructed from first floor windows, streets, service areas
and parking lots with a minimum five (5) wide landscaped planting bed and/or
fencing excluding chain link materials. All fencing shall be subject to the height
limitations of the zoning district and requirements of Chapter 18.73.070 (Fences
and Wall Height).
9. Required Common Open Space Amenities. Common open space areas shall be
designed to provide specific amenities as shown in Table 18.64.060A based upon the
number of units within a multifamily residential development. The required amenities
outlined in Table 18.64.060B are additive and require that the Base Amenity Type
and Minimum Size of Amenity be satisfied for the applicable number of units
threshold, plus all preceding Base Amenity Type and Minimum Size of Amenity
Type, plus any additional increase in number or size of the amenity based upon the
Additive Amenity Ratio. As an example, a multifamily residential development
consisting of 16 units shall provide a business center with at least two work stations
or a 250 square foot gym, plus an outdoor active use area or facility, plus 48 square
feet of community garden area (32 sf + 16 sf), and two barbecue areas with seating.
Table 18.64.060A
Multifamily Residential Development Amenity
Standards
# Of
Unit
s
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
4 Barbecue with table seating 1/10 Units
8 32 sf Community Garden 8 sf/4 Units
12 1200 sf Outdoor Active Use Area 50 sf/1 Unit
16
Provide One of Two:
• Business Center with 2 Work Stations
• 250 sf of Gym
• 1 Workstation/8 Units
• 5sf/I Unit
24
Provide Two of Three:
• Business Center with 3 Work Stations
• 290 sf Gym
• Clubhouse with 400 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
32
Provide all of the following:
• Business Center with 4 Work Stations
• 290 sf Gym
• Clubhouse with 440 sf Kitchen
• 1 Workstation/8 Units
• 5sf/I Unit
• 5sf/I Unit
E.7.b
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Table 18.64.060B
Multifamily Residential Development Amenity Standards
Number
of Units
Base Amenity Type
And Minimum Size of
Amenity
Additive Amenity Ratio
40 Provide all Amenities listed as the Base for 32
Units, and: Provide
• One 36 SF In-Ground Outdoor Spa
Same rate as 32 Units 1.5 sf
Increase/ 1 Unit > 100 Units
65
Provide all Amenities listed as the Base for 40
Units, and: Provide One of Two:
• 800 sf Pool
• 1000 sf Children's Play Area1
Same rate as 40 Units
• 10sf/1 Unit
• 10sf/1 Unit
80 All Amenities Listed as the Base for 65 Units Same Rate as 65 Units
100
All Amenities2 Listed for 80 Units
and Provide one of two3:
• One full sized Basketball Court
• One full sized Tennis Court
• 1 Court + 75 Units
• 1 Court + 100 Units
150 All Base Amenities2 Listed for 100 Units Same Rates for All Apply
Notes:
1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an
Additive Amenity Ratio calculated at 5 sf/1 Unit.
2. Allows Wellness Facility Substitution for 55+ Age Restricted Development
3. For 55+ Age Restricted Development May Substitute the Basketball Court with a
Bocce Ball Court and/or replace the tennis Court with a Pickleball Court
E. Illumination. Multifamily residential sites and building façades shall comply with the
following parking lot areas, pedestrian pathways, and building and structure exteriors
illumination standards:
1. Common Area/Private Open Space. All publicly accessible common areas and private
residential open space areas shall comply with the illumination foot-candle (fc) level
standards as follows:
a. Service areas and vehicular traffic areas: minimum two tenths (0.2) fc, maximum
four (4) fc.
b. Sidewalks and building entries: minimum one (1) fc, maximum five (5) fc, with
an average of two (2) fc.
c. Parking lot and area: minimum one (1) fc, maximum four (4) fc.
2. Sidewalks. Sidewalk lighting shall have a maximum light pole and fixture height of
fifteen (15) feet.
E.7.b
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3. Parking Lots. Parking lot and area light fixtures shall be fully shielded and dark sky
rated. The light pole and fixture height shall be no greater than eighteen (18) feet
above the parking lot finished grade.
4. Accent Lighting. Glare-free direct accent light fixtures with an illumination ratio
of less than thirty to one (30:1) shall be permitted to highlight façade articulation,
artwork and landscape specimen plantings. The extent of light coverage of all site
light installations shall not exceed two (2) foot candle maximum illuminance
impact on any fronting residential or commercial sites.
F. Equipment and Service Areas. Multifamily residential buildings and sites shall comply with
the following equipment and service area standards:
1. Underground. All service connections and on-site utilities including wires, cable,
and pipelines and equipment shall be installed underground.
2. Roof-top Screening. All exterior mechanical and electrical equipment, which
includes, but is not limited to roof-mounted, façade-mounted, or ground-mounted
heating, venting, and cooling (HVAC) units, gas and electric utility meters,
telecommunication equipment, backflow preventions, assemblies, irrigation control
valves boxes, electrical transformers, pull boxes, and all HVAC ducting shall be
screened. Roof-mounted equipment shall not be visible from eye level at five (5) feet
above grade of fronting streets centerlines and/or first floors of buildings within
twenty (20) feet of the multi-family site property lines. Screen façades shall utilize
the same façade design elements, colors and materials of the building. All roof-
mounted equipment shall be screened from public view by screening materials of the
same nature as the building. Mechanical equipment shall be located below the
highest vertical element of the building. Ground mechanical equipment units shall be
screened in a manner consistent with the building façade.
3. Ground-mounted Screening. All ground-mounted mechanical equipment, shall not
be visible from eye level at five (5) feet above grade from any publicly accessible
open space (rights-of- way, public trails, and parks). Screen façades shall utilize the
same design elements, colors and materials of the building.
4. Refuse Standards. Refuse collection and storage areas shall comply with the
requirements of the City’s service provider and the following standards:
a. Utilization of individual dwelling unit refuse containers shall be limited to buildings
of four (4) units or less. The containers shall be stored within an unobstructed area of
each resident’s assigned parking garage space or within a common enclosed refuse
container structure that utilizes the same façade design elements, materials, and
colors of the residential building.
b. For multifamily residential buildings consisting of five (5) or more units,
common container areas shall be provided and comply with the following
standards:
i. An enclosed refuse container structure that utilizes the same façade
design elements, materials, and colors of the residential building(s).
ii. Enclosed structure(s) shall be separated by a minimum of twenty (20) feet from
any dwelling unit located within the multifamily residential site or from any
property line.
E.7.b
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iii. The enclosed structures shall be located a maximum of one hundred (100)
feet distance from the dwelling units served.
iv. Trash enclosures shall be completely sheltered by a roof.
v. No minimum distance from dwelling units is required if the containers are
located within a fully enclosed refuse room of a residential building. The
enclosed refuse room shall be located a maximum of seventy (75) feet from
the dwelling units served.
vi. Refuse container structures shall comply with Burrtec requirements.
18.64.070 Additional Standards
A. Electric Vehicle Charging Stations (EVCS) Standards. A minimum of one (1) Electric
Vehicle Supply Equipment (EVSE) per garage and one (1) EVSE per five parking spaces
will be required on a multi-family building site. Parking spaces shall be exclusively
dedicated for Electric Vehicle (EV) charging use.
1. Minimum Space Requirements. A parking space served by EVSE shall count as one
(1) parking space for the purpose of complying with any applicable minimum parking
space requirements for multi-family development as established by the Municipal
Code Chapter 18.60.030 Off-street Parking Regulations.
2. Electric Vehicle Charging Space (EV Space) Locations. Where undedicated/guest
parking is provided at least one EV space shall be located in the common use
parking area and shall be available for use by all residents or guests. All EV
spaces shall be located under a weather protected carport, within a parking
structure, or private garage. Electrical equipment shall be located in areas that are
well drained and shield from any landscape bed irrigation spray.
3. Accessibility. EV parking spaces shall comply with at least one of the following options:
a. The EV space shall be located adjacent to an accessible parking space meeting
the requirements of the California Building Code, Chapter 11A, to allow use of
the EV charger from the accessible parking space.
b. The EV space shall be located on an accessible route, as defined in the
California Building Code, Chapter 2, to the building.
4. Electric Vehicle Charging Space (EV Space) Dimensions. The EV spaces shall be
designed to comply with the following:
a. The minimum length of each EV space shall be nineteen (19) feet.
b. The minimum width of each EV space shall be nine (9) feet.
c. Surface slope for accessible EV space and the aisle shall not exceed one (1) inch
vertical in forty-eight (48) inches horizontal (2.083 percent slope) in any direction.
d. Where vertical pole or pylon-mounted chargers are utilized, a minimum of thirty-
six (36) inches of clearance shall be provided to ensure safe and easy movement
around the charging station.
5. Level 2 Electric Charging Requirements. A maximum of eighty (80) percent of
E.7.b
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EVSEs shall have a minimum 40-ampere 208/240-volt dedicated EV branch
circuit and shall be installed in close proximity to the proposed location of an EV
charger, in accordance with the California Electrical Code.
6. Direct Current Fast Charging (DCFC) with Combo Connector Requirements. A
minimum of twenty (20) percent of EVSEs shall have a minimum 40-ampere
208/240-volt dedicated EV branch circuit and shall be installed in close
proximity to the proposed location of an EV charger, in accordance with the
California Electrical Code.
7. Smart Metering. Separate or sub-metering that allows electricity used to be isolated
from the rest of the building’s energy use shall be provided.
8. Signage and Wayfinding. All EV parking spaces shall be identified as EV ONLY
with a vertical pole or wall sign, and pavement shall be marked with a EV painted
symbol as well. Manual on Uniform Traffic Control Devices (MUTCD) compliant
signs shall be provided for reserved American Disabilities Act (ADA) accessible EV
spaces. Additional information for tenant EVSE use including time limits for
charging and enforcement; safety information; and host-operator information shall
be provided.
9. Host-Operator Agreements. The building owner/operator or Home Owner
Association (HOA) shall be responsible for establishing any agreements and costs
associated with EV charging for tenants.
10. Equity. A minimum of ten (10) percent of electricity generated from solar panels
installed on carports over EV spaces shall be credited to low income tenants for
EVSE use. Host-Operator Agreements shall identify qualifications and process for
low income tenants EV use.
B. Public Art Standards. All multi-family development(s) shall comply with Ordinance 343,
Chapter 18.81 Art in Public Places of Title 18 of the Municipal Code.
C. Bicycle Parking Standards. These standards ensure that required bicycle parking is
designed so people of all ages and abilities can access the bicycle parking and securely
lock their bicycle. Bicycle parking shall be provided in areas that are safeguarded from
theft and accidental damage. The standards allow for a variety of bicycle types,
including but not limited to standard bicycles, tricycles, hand cycles, tandems, electric
motor assisted cycles and cargo bicycles.
1. Minimum Bicycle Parking Requirements. Long-term bicycle parking shall be
provided in secure, weather protected facilities for multi-family building residents
who need bicycle parking for several hours or longer. Short-term bicycle parking
shall be located in publicly accessible, highly visible locations that serve the main
entrance of a multi-family building. Short-term bicycle parking shall be visible to
bicyclists on the street and is intended for visitors. Amounts of required long-term and
short-term bicycle parking shall be provided as follows:
a. Long term Requirement. Multi-family buildings with 5 or more units, shall provide
one (1) space per unit.
i. In-unit allowance standards. For sites with 20 or fewer units, up to 100%
E.7.b
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of bicycle parking spaces are permitted to be in dwelling units.
ii. For sites with more than twenty (20) units, up to 20% of bicycle parking are
permitted in dwelling units.
iii. Elderly or disabled multi-family uses shall provide 1 bicycle parking space per
10 units.
b. Long Term Additional Requirements. Multi-family buildings with more than
twenty (20) units, shall include:
i. Cargo or long tail bicycle parking. A minimum of five ( 5) percent of bicycle
spaces shall be provided for larger bicycles.
ii. Electrical bicycle charging. A minimum of five (5) percent of spaces shall have
access to electrical outlets.
c. Short Term Requirement. Multi-family buildings with more than twenty (20) units
shall provide a minimum of one (1) space per twenty units.
2. Uniform Standards for All Bicycle Parking. Where long-term and short-term
bicycle parking must be provided in lockers or racks, the following standards
shall be met:
a. Bicycle parking area. The area devoted to bicycle parking must be hard surfaced.
b. Bicycle Racks. Racks must be designed so that the bicycle frame and one wheel
can be locked to a rigid portion of the rack with a U-shaped shackle lock when
both wheels are left on the bicycle.
c. Bicycle Parking Space, Maneuvering Area, and Clearance Dimensions.
Bicycle parking spaces, aisles and clearances must meet the minimum
dimensions of the following:
i. Standard Bicycle Parking Spaces Requirements. The standard required
bicycle space is two (2) feet in width, six (6) feet in length and three (3) feet
four (4) inches in height. There must be at least five (5) feet behind all
bicycle parking spaces to allow room for bicycle maneuvering. Where short-
term bicycle parking is adjacent to a sidewalk, the maneuvering area may
extend into the right-of-way; A wall clearance of two (2) feet six (6) inches
must be provided. A minimum of one (1) foot five (5) inches shall be
provided between spaces.
ii. Vertical Bicycle Parking Spaces Requirements. Vertical bicycle parking
secures the parked bicycle perpendicular to the ground is permitted as an
alternative to standard spaces. The vertical required bicycle space shall be two
(2) feet in width, six (6) feet in height and two (2) feet in depth. There must be
at least 5 feet behind all bicycle parking spaces to allow room for bicycle
maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iii. Stacked Bicycle Parking Spaces Requirements. Stacked bicycle parking
are racks that are stacked, one tier on top of another are permitted as an
alternative to standard spaces. Bicycles shall be horizontal when in the
final stored position. The rack must include a mechanically-assisted
lifting mechanism to mount the bicycle on the top tier. There must be at
least 5 feet behind all bicycle parking spaces to allow room for bicycle
E.7.b
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maneuvering. A minimum of one (1) foot five (5) inches shall be provided
between spaces.
iv. Larger Cargo or Long Tail Bicycle Parking Spaces Requirements. These
standard space dimensions shall be ten (10) feet in depth by three (3) feet
in width by three (3) feet four (4) inches in height. At least 5’ feet behind
the pace shall be provided for maneuvering. A minimum of one (1) foot
five (5) inches shall be provided between spaces.
d. Bicycle Lockers. Bicycle lockers that are fully enclosed and secured are
permitted. The locker must be anchored to the ground, and an aisle a minimum
width of five (5) feet in width behind all bicycle lockers to allow room for bicycle
maneuvering shall be provided. The locker space shall have a minimum depth of 6
feet and an access door that is a minimum of 2 feet in width.
i. One (1) bicycle locker with one hundred and twenty (120) volt ac power per
four (4) units and one (1) bicycle rack parking per every four (4) dwelling
units no more than one hundred (100) feet from furthest unit served
3. Standards for Long-Term Bicycle Parking. Long-term bicycle parking must be
provided in lockers or racks that meet the following standards:
a. Security Standards. Long-term bicycle parking must be provided in one or
more of the following:
i. A restricted access, lockable room or enclosure, designated exclusively
for bicycle parking.
ii. A bicycle locker.
iii. In a residential dwelling unit.
b. In-unit Parking Standards. Long-term bicycle parking spaces may be provided in
a dwelling unit if following conditions are met:
i. The residential unit shall include a dedicated bicycle parking area that meets the
standard bicycle parking spacing dimensions above.
ii. For buildings with no elevators, long-term in-unit bicycle parking shall be
permitted only for first floor units.
ii. Balconies, terraces, or patios are prohibited for in-unit parking.
iv. Signage Standard. If bicycle parking is not visible from the public realm, a sign
must be permanently posted at the main building or site entrance indicating the
location of the bicycle parking.
4. Standards for Short-term Bicycle Parking. Short-term bicycle parking
must meet the following standards:
a. Location. Bicycle parking must be on-site, outside the building, at the same
grade as the sidewalk or at a location that can be reached by an accessible
route.
b. Main Entrance Proximity. The bicycle parking must be within 50 feet of the main
entrance to the building as measured along the most direct pedestrian access
route.
E.7.b
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18.64.080 Additional Mixed Use Standards
A. Conformance with Standards and Requirements. Mixed-use sites and buildings that
include residential dwelling units shall comply with both development standards of the
zoning district and all applicable multi-family design standards of this Chapter.
B Low Income Units. Developments proposing twenty (20) residential units or more are
required to provide ten (10) percent low income units or five (5) percent very-low income
units. No in-lieu fee shall be accepted.
C. Off-street Parking. Mixed use sites shall comply with all requirements of the
Municipal Code Chapter 18.60–Off-Street Parking
D. Ground Floor Use and Height. First floor residential dwelling units shall be prohibited
along street facing building frontages. The minimum first floor commercial building
height shall be fourteen (14) feet, measured from the first finished floor elevation to the
second floor finished floor or rooftop elevation. Upper floor to floor heights shall be no greater
than the first floor height.
E. First Floor Window and Door Transparency. All non-residential first floor street
fronting uses shall comply with all applicable standards:
1. Commercial or retail uses: exterior walls facing a street shall include window and
door openings that comprise a minimum of seventy-five (75) percent of the first floor
primary façade area, measured vertically between two and eight feet above the
finished grade of fronting public sidewalks and horizontally only where first floor
conditioned commercial tenant space occurs along the fronting façade.
2. Office, hotel, and other non-residential uses: exterior walls facing a street shall
include window and door openings that comprise a minimum of seventy-five (75)
percent of the first floor primary façade area, measured vertically between two (2)
and eight (8) feet above the finished grade of fronting public sidewalks and
horizontally only where first floor conditioned office, hotel, and other non-
residential use tenant space occurs along the fronting façade.
3. First (1) floor conditioned tenant space shall include window and/or door openings
spaced no greater than ten (10) feet apart measured horizontally along the street
facing primary building façade. Reflective, tinted, or mirrored window glazing that
prevents views of interior work areas, sales areas, lobbies, or storefront displays at a
minimum five (5) foot depth from the face of the primary first façade is prohibited.
F. Storefront Treatment. First (1) floor non-residential building façades shall comply with all
applicable standards listed and illustrated in Figure 18.64.070A:
1. Awnings and Canopies. Awnings or canopies shall not extend horizontally beyond
first floor non-commercial use window and door openings. Awning and canopy
structural hardware shall not be lower than eight (8) feet above the fronting sidewalk
finished grade elevation. Signage or branding graphics of any type are prohibited on
the exterior surface of the awning or canopy.
2. Base Panels. A wood, metal, or masonry base panel shall be provided across the
entire width of the storefront window system and between any vertically articulated
primary façade projections or recesses. The base panels shall be no greater than
twenty-four (24) inches in height, measured from the bottom of the sill of the window
E.7.b
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system to the adjacent sidewalk finished grade.
3. Signage. A projecting or recessed tenant signage horizontal molding band or frieze
shall be provided to articulate the top of only buildings with multiple storefronts. All
tenant signage shall comply with all applicable requirements of Chapter 18.80
(Signs).
18.64.090 Permits and Approvals
A. Ministerial Action. The review of and action on the design of multifamily residential
development or mixed-use development with a residential component that complies with
the provisions of this Chapter is a ministerial action not subject to further discretionary
review or action. The Director has the authority to review applications for completeness
and compliance with the provisions of this Chapter.
E.7.b
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1. Ministerial design review shall be administered through the Precise Plan of Design
requirements as outlined in Chapter 18.63 (Site and Architectural Review), unless
modified herein by this Chapter; and shall not require public notice, public hearing or
be subject to any required findings for approval.
2. Ministerial design review approval by the Director shall determine that the proposed
application and plans:
a. Complies with all applicable design standards of this Chapter.
b. Complies with all applicable development standards of Title 18 (Zoning) without
requiring a Minor Deviation or Variance. If the Director is unable to make the
above determination, review of the project design shall be subject to all
application types, reviews and procedures as outlined in Chapter 18.63 (Site and
Architectural Review).
3. The Director may, from time to time, provide a summary report as an
informational item, to the Planning Commission, of any ministerial design review
action on a development proposal subject to the provisions of this Chapter. No
action by the Planning Commission shall be required.
B. Other Application Submittals and Types of Review. The following other types of
application submittals and types of review may also apply, subject to the provisions
outlined in this Section:
1. The SB 330 Preliminary Application review process is an additional review by the
Director and provides early identification of all standards and requirements
applicable to a project. A review under this procedure is subject to all requirements
and information and materials listed on the City’s SB 330 Preliminary Application.
The availability of this type of review shall sunset on January 1, 2025, unless
extended by the State legislature. The preliminary application review process is at
the option of a project proponent and may only be implemented when all
requirements of this Chapter are satisfied, including all timeframes required for
submittal of a formal application.
2. If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in
this Section, information and materials as listed on the City’s SB 35 Application
(Affordable Housing Streamlined Review) shall be submitted for review by the
Director to determine eligibility.
3. The provisions, including any requirement for review, hearing and action for
Minor Deviation as provided in Chapter 18.89 (Minor Deviations), Variance as
provided in Chapter 18.86 (Variance), or Conditional Use Permit as provided in
Chapter 18.83 shall apply to any multifamily residential development or mixed-
use development with a residential component that proposes to deviate from any
standard of this Chapter and when it is a requirement established by the proposed
commercial use. Such deviation shall null and void any ministerial design
review action or eligibility for an affordable housing streamlined review process.
4. All development shall be required to comply with San Bernardino County Fire
(SBCF) standards and requirements. All infill development and tenant
improvement projects subject to ODS standards shall be required to submit to
SBCF to obtain conditions of approval for the project.
5. For multifamily development with mixed uses that include restaurants, all
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clearances with San Bernardino County Health Department shall be obtained.
C. Building Permit. All development subject to the requirements of this Chapter shall require
a Building Permit, subject to all the standard application, review and processing fees and
procedures that apply to Building Permits generally.
D. Fees. All development subject to the requirements of this Chapter shall be
accompanied by the required application fee. Application fees are established by
Council resolution.
E. Preliminary Application. In compliance with Government Code Section 65941.1, a
proponent of a multifamily residential development or mixed-use development with a
residential component has the option of submitting a Preliminary Application subject to
all the following requirements:
1. All of the information listed in City’s SB 330 Preliminary Application form and
payment of the Preliminary Application processing fee shall be submitted to the
City.
2. If the City determines that the Preliminary Application for the development project is
incomplete, the project proponent must submit the specific information needed to
complete the application within 90 days of receiving the City’s written identification
of the necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
3. After submittal of all of the information required, if the project proponent revises the
project to change the number of residential units or square footage of construction
changes by 20 percent or more, excluding any increase resulting from Density Bonus
Law, the development proponent must resubmit the required information so that it
reflects the revisions.
4. The project proponent shall submit a formal application for a development project
within 180 calendar days of submitting a complete preliminary application. If the City
determines that the formal application for the development project is incomplete, the
project proponent shall submit the specific information needed to complete the
application within 90 days of receiving the City’s written identification of the
necessary information. If the project proponent does not submit this information
within the 90-day period, then the preliminary application shall expire and have no
further force or effect, and any such ministerial design review approval shall be
deemed null and void.
5. If the applicant revises the project between the Preliminary Application phase and the
formal application phase, such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any increase resulting from
the receipt of a density bonus, incentive, concession, waiver, or similar provision, the
project shall not be deemed to have submitted a Preliminary Application, in
satisfaction of State and City requirements, until the project proponent resubmits the
required information, and if any portion of the ministerial design review was
completed or approved, it shall be deemed null and void.
6. Compliance with all applicable provisions of this Chapter; specifically, the process
E.7.b
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and timeframes outlined in this Section, shall constitute a ministerial design review
approval in conjunction with the Preliminary Application review if the Director
determines that the proposed application and plans:
a. Complies with all applicable design standards of this Chapter.
b. Complies with all applicable development standards of Title 18 (Zoning Code)
without requiring a Minor Deviation, Variance, or Conditional Use Permit. If the
Director is unable to make the above determination, review of the project design
shall be subject to all application types, reviews and procedures as outline in
Chapter 18.63 – Site and Architectural Review. Additional review procedures
may be required.
7. The Director may, from time to time, provide a summary report as an informational
item, to the Planning Commission, of SB 330 Preliminary Application reviews and
associated ministerial design review action on a development proposal subject to the
provisions of this Chapter. No action by the Planning Commission shall be required.
F. Affordable Housing Streamlined Review Eligibility Criteria. In compliance with
Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying
multifamily housing development project may submit to the Director a request for an
affordable housing streamlined approval. The Director will determine if the project is
eligible for streamlined approval within 60 days after application submittal for projects of
150 or fewer units, or within 90 days for larger projects. If the Director denies the
application as incomplete or ineligible for SB 35, the applicant may revise the project to
comply with SB 35 and resubmit the application, subject to the same timeline for review.
Once the application is accepted for review under SB 35, the Director will approve or
deny the project within 90 days after application submittal for projects of 150 or fewer
units, or within 180 days for larger projects. To be eligible for streamlined processing
under SB 35, the development project must satisfy all of the following criteria:
1. The project must be a multifamily housing development that contains at least two
residential units and comply with the minimum and maximum residential density
range permitted for the site, plus any applicable density bonus.
2. If more than ten residential units are proposed, at least ten percent of the project’s
units must be dedicated as affordable to households making below 80 percent of the
area median income. If the project will contain subsidized units, the applicant has
recorded or is required by law to record, a land use restriction for either a minimum of
55 years for rental type units, or a minimum of 45 years for ownership type units.
3. The project must be located on a legal parcel or parcels within the incorporated City
limits. At least 75 percent of the perimeter of the site must adjoin parcels that are
developed with urban uses; which means any current or former residential,
commercial, public institutional, transit or transportation passenger facility, or retail
use, or any combination of those uses. Parcels that are only separated by a street or
highway shall be considered adjoined.
4. The project must be located on a site that is either zoned or has a General Plan
designation allowing for multifamily residential development or mixed-use
development with a residential component.
5. The project must meet all objective design standards in effect at the time the application
E.7.b
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is submitted.
6. The project must provide at least one parking space per unit without regard to unit
size, number of bedrooms, or guest parking spaces; however, no parking is required if
the project meets any of the following criteria:
a. The project is located within one-half mile of public transit.
b. The project is located within an architecturally and historically significant historic
district.
c. On-street parking permits are required but not offered to the occupants of the project.
d. There is a car share vehicle within one block of the development.
7. The project must be located on a property that is outside each of the following areas:
a. Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation, or
land zoned or designated for agricultural protection or preservation by the City.
b. Wetlands, as defined in the United States Fish and Wildlife Service.
c. A very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection, or within a high or very high fire hazard severity
zone as indicated on maps adopted by the Department of Forestry and Fire
Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code, unless the Department of Toxic
Substances Control has cleared the site for residential use or residential mixed-
uses.
e. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist, unless the development complies
with applicable seismic protection building code standards adopted by the
California Building Standards Commission under the California Building
Standards Law (Part 2.5 (commencing with Section 18901)
of Division 13 of the Health and Safety Code), and by any local building department
under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. A flood plain as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has been issued a flood plain
development permit pursuant to Part 59 (commencing with Section 59.1) and
Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title
44 of the Code of Federal Regulations.
g. A floodway as determined by maps promulgated by the Federal Emergency
Management Agency, unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of
Federal Regulations.
h. Lands identified for conservation in an adopted natural community
E.7.b
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conservation plan pursuant to the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish
and Game Code), habitat conservation plan pursuant to the Federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other
adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of
special status by State or Federal agencies, fully protected species, or species
protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
et seq.), the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), or the Native
Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division
2 of the Fish and Game Code).
j. Lands under conservation easement.
k. A site that would require demolition of housing that is subject to recorded
restrictions or law that limits rent to levels affordable to moderate, low, or very-
low-income households; subject to rent control; or currently occupied by tenants
or that was occupied by tenants within the past ten years.
l. A site that previously contained housing occupied by tenants that was demolished
within the past ten years.
m. A site that would require demolition of an historic structure that is on a
local, State, or Federal register.
n. A parcel of land or site governed by the Mobilehome Residency Law, the
Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the
Special Occupancy Parks Act
8. The project does not involve an application to create separately transferable
parcels under the Subdivision Map Act.
9. The project proponent must certify to at least one of the following:
a. The entirety of the project is a public work as defined in Government Code Section
65913.4(8)(A)(i).
b. The project is not in its entirety a public work and all construction workers
employed in the execution of the development will be paid at least the general
prevailing rate of per diem wages for the type of work and geographic area.
c. The project includes ten or fewer units, is not a public work and does not require
subdivision.
10. If the project consists of 50 or more units that are not 100 percent subsidized
affordable housing, the project proponent must certify that it will use a skilled and
trained workforce, as defined in Government Code section 65913.4(8)(B)(ii).
E.7.b
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AGENDA REPORT
MEETING DATE: March 14, 2023 Council Item
TITLE: Approve Agreement with Martin Lucio (CSLB# 1031403) for
Construction of a New Trash Enclosure at Veterans
Freedom Park
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: 1. Approve Agreement with Martin Lucio (CSLB#
1031403) for Construction of a New Trash Enclosure at
Veterans Freedom Park in the amount of $33,000 with a
10% Contingency ($3,300).
2. Authorize the City Manager to execute the Agreement
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 “Ensuring Our Fiscal Viability”.
BACKGROUND:
The City of Grand Terrace Veterans Freedom Park currently has a deteriorated trash
enclosure in need of replacement to accommodate use for future events held at the
park including City and Community sponsored events. Usage of the park is frequently
used by members of the community during the Little League softball and baseball
seasons in addition to the City’s annual Veterans Day Ceremony.
DISCUSSION:
On February 1st, 2023, City staff sent out an invitation to submit bids and contacted
various contractors including “B-General” and “C-29 Masonry” licensed contractors in
the area qualified to build a new trash enclosure. A total of three bids were received and
submitted to staff.
Below are the three bids received by City staff including the compensation amounts.
Total Compensation
Bid 1 Concrete the World
(CTW) Inc.
$54,100.62
Bid 2 Martin Lucio $33,000.00
Bid 3 Jonescape Inc. $39,710.00
The contractor's and subcontractor’s licenses are currently valid, in good standing, and
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references provided positive feedback. The total compensation for Concrete the World
is proposed at $54,100.62, with Martin Lucio at $33,000, and Jonescape Inc. at
$39,710.00
The scope of work includes demolition of the existing trash enclosure and construction
of a new enclosure at a different location at the park that is far more accessible for
guests to use. Work will also include building a retaining concrete curb on the left and
rear side of the enclosure, resurfacing of concrete slab, a new wooden cover on top of
the enclosure, and installation of existing gates to the new trash enclosure with any
needed upgrades.
RECOMMENDATION:
Staff is recommending that Council approve an Agreement with Martin Lucio. (attached
hereto) in an amount not to exceed $33,000 for demolition and construction of a new
trash enclosure and authorize the City Manager to execute the agreement subject to
City Attorney approval as to form. Alternatively, the City Council may also reject the
proposal.
ENVIRONMENTAL IMPACT:
None
FISCAL IMPACT:
The $33,000 plus 10% contingency of $3,300 for a total of $36,300 will come from the
General Fund account #10-450-710-000-000.
ATTACHMENTS:
• Bid #1 - CTW Inc (PDF)
• Bid #2 - Martin Lucio (PDF)
• Bid #3 - Jonescape Inc (PDF)
APPROVALS:
Luis Gardea Completed 03/04/2023 3:04 PM
Finance Completed 03/06/2023 3:26 PM
City Manager Completed 03/09/2023 10:27 AM
City Council Pending 03/14/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: March 14, 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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CHARTER
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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CHARTER
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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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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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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Needles City Charter Page 22 of 36
(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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Needles City Charter Page 23 of 36
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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Needles City Charter Page 27 of 36
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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Needles City Charter Page 29 of 36
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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Needles City Charter Page 30 of 36
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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Needles City Charter Page 31 of 36
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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Needles City Charter Page 32 of 36
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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CHARTER
Needles City Charter Page 33 of 36
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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Needles City Charter Page 34 of 36
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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CHARTER
Needles City Charter Page 36 of 36
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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