6) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.070, Mixed-use development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
7) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.080, Infill single-family residential development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
8) Revise Chapter 8.108 NOISE to remove the quotation under Section 8.108.110; 9) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to add the term "persons" to the locations where a surveillance camera can be installed in Section 9.05.010, Definitions;
10) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to replace “if applicable” with “if selling of food” to Section 9.05.020 Selling food or merchandise—Operational requirements;
11) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to include the requirement that "the vendor must be able to provide video upon request by City Officials and must have at least one week's worth of video storage";
12) Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to add the word "regularly" to "shall be scheduled" in Section 15.56.130 Irrigation Scheduling; and WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing on the Ordinance that would approve Zoning Code Amendment (ZCA) 24-04; and WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace continued the Public Hearing on the Ordinance that would approve Zoning Code Amendment (ZCA) 24-04 to the regularly scheduled Public Hearin of April 8, 2025, and directed staff to incorporate additional changes:
1) Revise Chapters 5.06 HOME OCCUPATION PERMITS and 5.48 MASSAGE PARLOS AND MASSAGE TECHNICIANS to replace all use of massage “parlor” with massage “clinic;” and
2) Revise Chapter 8.108 NOISE to add language that the Building Official may, in their reasonable discretion, extend or limit construction hours in Section 8.108.060; and 3) Revise Chapter 12.56 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY to make Section 12.56.070 read better so testing times and run times of the generators are clear.
WHEREAS, on April 8, 2025, the City Council of the City of Grand Terrace reopened the Public Hearing continued from March 25, 2025, and introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony
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and evidence at the Public Hearing on the Ordinance approving Zoning Code Amendment (ZCA) 24-04; and
WHEREAS, on May 13, 2025, the City Council of the City of Grand Terrace conducted a second reading and adoption of the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF 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 incorporated herein by this reference and made a part hereof.
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 “Zoning Code Amendment (ZCA) 24-04” is not subject to environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as follows:
Finding: A project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which 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.
Facts in Support of Finding: The City of Grand Terrace has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the threestep process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if the Zoning Code Amendment project is exempt from CEQA. Since it can be seen with certainty that the Zoning Code Amendment (ZCA) 24-04 solely a text edit exercise for internal consistency and streamlining purposes, it has no foreseeable potential to have a significant adverse effect on the environment. The City of Grand Terrace has determined that the proposed Zoning Code Amendment (ZCA) 24-04 is considered to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption.
The project is exempt under the “common sense” exemption because it does not involve any grading, demolition, or construction activities that will have a significant effect on the environment. The project is strictly a text update to the City’s Municipal Code. It can be said with certainty that the project will not have a significant effect on the environment. As such, the proposed project is exempt from CEQA, or not subject to CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption.
A Notice of Exemption (NOE) has been prepared for the project in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The project will not have a significant effect on the environment because the amendments only update land use regulations in the Zoning Code.
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
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Public Hearing, the City Council determines the findings for Zoning Code Amendment (ZCA) 24- 04 pursuant to Grand Terrace Municipal Code Section §18.90.040 can be made supporting the project application as follows:
1) Finding: The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City.
Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 amends the City’s Municipal Code to consolidate address primarily the hours identified for noise associated with activities to occur. In addition this ZCA will also address miscellaneous inconsistencies within the Municipal Code as a “clean-up” exercise. There is no foreseeable detriment to the persons working or living within the City resulting from the proposed ZCA 24-04 as the edits to Municipal Code will streamline the processes contained within and ensure internal consistency between Chapters and Sections. 2) Finding: The proposed amendment will not be: Injurious to property or improvements in the neighborhood or within the City.
Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 to amend the City’s Municipal Code will not be injurious to property improvements within neighborhoods in the City because ZCA 24-04 is clarifying the municipal code for all who reference it so no confusion exists with respect to hours when activities and noise can occur. In addition, there are various sections of the Municipal Code requiring additional “clean-up” for internal consistency and streaming purposes that the City has identified and included as a park of this ZCA.
3) Finding: The proposed amendment will be consistent with the latest adopted general plan.
Facts in Support of Finding: This ZCA 24-04 is consistent with the spirit and intent of the Implementation Plan Goal 2.1 and Policy 2.1.4 in that is the City conducting a periodical review of the Zoning Code land use standards to bring specific additions and deletions for residential and non-residential land uses to the Planning Commission and City Council for inclusion in the Municipal Code.
SECTION 4. Sections 5.06.050 “Evaluation and Notice” and Section 5.06.060 “Decision to Approve or Deny” of Chapter 5.06 – HOME OCCUPATION PERMITS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“5.06.050 Evaluation and Notice.
The community development director or their designee shall review a Home Occupation Permit. If it meets the criteria set forth in this chapter, the Home Occupation Permit shall be approved. If it does not meet the criteria set forth in this Chapter, the Home Occupation Permit request shall be denied, or they can provide notice to all owners of contiguous property, seeking their support or opposition to the Home Occupation Permit. The notice shall make contiguous property owners aware of the character and scope of the proposed Home Occupation Permit and request their support or opposition to the Home Occupation Permit:
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A. "Contiguous property," for the purposes of this Chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements.
B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits.
C. Notice may be given in such other manner as is deemed necessary or desirable by the community development director in order to achieve sufficient notice.
D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process.”
“Section 5.06.060 “Decision to Approve or Deny.
Within ten (10) days after receiving a compliant application, the community development director or their designee shall review the initial findings and notify the applicant if they are compliant and approved. Within fourteen (14) days after giving notice to contiguous property owners of an application that does not meet one or more of the criteria listed in this Chapter, the community development director or their designee shall review the initial findings and notify the applicant and contiguous property owners of their decision to approve or deny the Home Occupation Permit.”
SECTION 5. Section 5.40.050 “Length-Frequency-Hours” of Chapter 5.40 – GARAGE SALES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.40.050 Length—Frequency—Hours.
Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of 12 consecutive months. Such garage sale shall not be conducted for longer than three consecutive days. The sale shall not be conducted between the hours of sunset of any one day and 7:00 a.m. of the following day.”
SECTION 6. Section 5.42.160 “Frequency of Removal” Of Chapter 5.42 – INTEGRATED WASTE MANAGEMENT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.42.160 Frequency of Removal.
A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments, shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.
B. Every person in charge of commercial food preparation establishments shall cause all refuse to be removed from the property not less frequently than twice a week.
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C. The City Manager or their designee may specify the frequency of collection of refuse created, produced or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.
D. Collection shall be made only between the following hours:
1. For multiple family residential and commercial properties between 6:00 a.m. and 5:00 p.m.
Monday through Saturday.
2. For single family residential properties between the hours of 6:30 a.m. and 5:00 p.m., Monday through Saturday.
Alternative pickup hours may be authorized only upon prior written approval of the City Manager or their designee, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.
E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety or the environment, which may develop in any specific area as a result of solid waste collection, the City Manager or their designee may regulate the routes, intervals, delivery points, and times for collection by all contractors operating within the City.”
SECTION 7. Sections 5.48.010 “Definitions,” 5.48.020 “License Required,” 5.48.030 “Exemptions,” 5.48.040 “Scope of Technician License,” 5.48.050 “Application for License,”
5.48.060 “Issuance of License,” 5.48.070 “Appeal of License Denial,” 5.48.080 “Nontransferability,” 5.48.090 “Term – Renewal,” 5.48.100 “Required Facilities and Practices,”
5.48.110 “Hours of Operation – Food or Beverages,” 5.48.120 “Bodily Exposure or Contact,”
5.48.130 “Records of Treatments,” 5.48.140 “Revocation of License,” 5.48.150 “Abatement as Nuisance,” and 5.48.160 “Enforcement: of Chapter 5.48 – MASSAGE CLINICS AND MASSAGE TECHNICIANS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“Chapter 5.48 MASSAGE CLINICS AND MASSAGE TECHNICIANS”
Sections:
“5.48.010 Definitions.
The following words and phrases, as used in this Chapter, shall have the signification and meaning attached to them in this Section unless otherwise clearly apparent from the context:
A. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
B. "Massage clinic" means and includes any massage establishment, or any room, place or institution where massage of the human body is given or administered for consideration of any kind.
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C. "Massage technician" means and includes any person who gives, performs or administers to another person a massage as defined in this Section.
D. "Person" means and includes person(s), firms, corporations, associations or any other form of business organization or group.
E. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technician or therapist, which school requires a resident course of study of not less than 200 hours to be given before the student is furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.”
“5.48.020 License required.
It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage clinic within the City without having a license under this Chapter to do so and complying with all regulations and requirements as contained and set forth in this Chapter. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage clinic to employ or permit a person to act as a massage technician, as defined in this Chapter, who is not in possession of a valid unrevoked massage technician license issued by the City.”
“5.48.030 Exemptions.
This Chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State; B. Nurses who are registered as such under the laws of the State; C. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State;
D. Athletic team or personal athletic trainer;
E. Acupuncturists who are duly certified to practice their profession in the State.” “5.48.040 Scope of technician license.
A license to perform massage services as a massage technician does not authorize the operation of a massage clinic. Any person licensed to perform as a massage technician who desires to operate a massage clinic shall separately apply for a license therefor.”
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“5.48.050 Application for license.
A. Any person desiring to obtain a license to operate a massage clinic or engage in massage technician services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation.
B. Each application for a massage clinic license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council. Each application for a massage technician license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council.
C. An applicant for a license under this Chapter shall submit the following information:
1. Full name and any alias theretofore used or currently used and current address;
2. Fingerprints as may be required by the Chief of Police;
3. The two previous business and residence addresses of the applicant immediately prior to the current address;
4. Written proof that the applicant is over the age of 18 years;
5. Applicant's height, weight and color of eyes and hair;
6. Two current photographs at least two inches by two inches in size;
7. The business, occupation or employment of the applicant for three years immediately preceding the date of the application and the location where the licensed activities will be conducted;
8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;
9. All convictions and the grounds therefor;
10. A certificate from the environmental health officer designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;
11. Applicants for a massage technician license must in addition to the requirements set out above in this Section, furnish a diploma or certificate of graduation from a recognized school or other institution of learning as defined in this Chapter. The Chief of Police shall determine whether this educational requirement has been met.” “5.48.060 Issuance of license.
Upon payment of all fees, submitting all information required by the application and upon proper inspection and investigation, a license shall be issued to applicants therefor by the City Clerk only if all requirements of this Chapter and all other applicable laws are met, and such
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compliance is reported to the City Clerk by the Chief of Police pursuant to his investigation under this Chapter. A license shall also be denied upon a showing of any of the matters set forth in California Government Code Section 51032.”
“5.48.070 Appeal of license denial.
Any person denied a license pursuant to this Chapter may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit. The council may also review any determination of the Clerk granting or denying a permit on its own motion. Any appeal must be made within ten days of denial of a license. The decision of the City Council on any appeal shall be final.” “5.48.080 Nontransferability.
All licenses issued under this Chapter are nontransferable, both as to location and the person holding a license. Every person to whom a license has been granted shall display the license in a conspicuous place where the licensed activities are performed or conducted.” “5.48.090 Term—Renewal.
Every license issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination pursuant to Section 5.48.140. Any renewal of a license issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original license.” “5.48.100 Required facilities and practices.
No license to conduct a massage clinic shall be issued unless an inspection by the Chief of Police discloses that the massage clinic premises and operation will at all times comply with each of the following minimum requirement:
A. A readable sign shall be posted at the main entrance identifying the establishment as a massage clinic, provided, also, that all such signs shall otherwise comply with the sign requirements of City ordinances.
B. Minimum lighting shall be provided in accordance with the Uniform Building Code and, additionally, at least one artificial light of not less than 40 watts shall be provided and used at all times in each enclosed room or booth where massage services are being rendered.
C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.
D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.
E. Hot and cold running water shall be provided.
F. Closed cabinets shall be utilized for the storage of clean linen.
G. Adequate dressing and toilet facilities shall be provided for patrons.
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H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage clinic shall be kept in good repair, maintained in a clean and sanitary condition.
I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.
J. The premises to be used shall at all times be in compliance with applicable laws.” “5.48.110 Hours of operation—Food or beverages.
No massage clinic shall be open between the hours of 11:00 p.m. and 7 a.m. Massage clinics shall not serve food or beverages on the premises of the massage clinic.” “5.48.120 Bodily exposure or contact.
No massage technician or massage clinic owner or employee may expose his or her genitals, buttocks or, in the case of a female, her breast(s), nor in the course of administering a massage, make intentional contact with the genitals or anus of any other person.” “5.48.130 Records of treatments.
Every person, association, firm or corporation operating a massage clinic under a license as provided in this Chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this Chapter.”
“5.48.140 Revocation of license.
A. No license issued under this Chapter shall be revoked until notice and a hearing has been held before the City Council to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon.
The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be held.
B. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person over the age of eighteen years. In the event the license holder cannot be found, and the service of such notice cannot be otherwise made in the manner provided in this Chapter, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final.
C. A license issued under this Chapter may be revoked upon one or more of the following grounds:
1. That the holder practiced fraud or deceit in being licensed under this Chapter;
2. That the holder violated a provision or provisions of this Chapter;
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3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof;
4. That the facilities and operations of the massage clinic are not kept in compliance with this Chapter as set forth in Section 5.48.110;
5. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage clinic;
6. That the holder or the holder's employees have violated state or local laws in conducting activities licensed and regulated by this Chapter.”
“5.48.150 Abatement as nuisance.
Any massage clinic operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is unlawful and a public nuisance and the City attorney may, in addition to or in lieu of prosecuting a criminal action under this Chapter, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or move such massage clinic and restrain and enjoin any person from operating, conducting or maintaining a massage clinic contrary to the provisions of this Chapter.”
“5.48.160 Enforcement.
The provisions of this Chapter shall be enforced by the chief of police.” SECTION 8. Sections 8.108.010 “Intent,” 8.108.020 “Definitions,” 8.108.030 “Loud, Annoying, Excessive and Unnecessary Noises Prohibited,” 8.108.040 “Exemptions,” 8.108.050 “Special Activities,” 8.108.060 “Construction Activities,” 8.108.070 “Prohibited Noise,” 8.108.080 “Noise Performance Standards,” 8.108.090 “Mixed Use Development,” 8.108.100 “Infill SingleFamily Residential Development,” 8.108.110 “Noise Level Measurement Criteria,” 8.108.120 “Penalty for Violation,” and 8.108.130 “Penalty for Public Nuisance” of Chapter 8.108 – NOISE in the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“8.108.010 Intent.
It is the intent of this Chapter to protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:
A. A community noise standard that specifies acceptable noise limits for various land uses and activities; and
B. Measures to minimize noise impacts from transportation-related noise sources; and C. Measures to minimize noise impacts from non-transportation related noise sources.”
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“8.108.020 Definitions
"A-weighted sound level (dB(A))" means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The Aweighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)" means the average equivalent A-weighted sound level during a twenty-four-hour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board" means the board appointed by city council as arbitrators of the Grand Terrace Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle" shall include but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. "Noise" means any sound that exceeds the limitations set herein. "Noise level" means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. "Simple tone noise" means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.” “8.108.030 Loud, annoying, excessive and unnecessary noises prohibited.
A. Notwithstanding any specified noise level, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unusual, excessive or unreasonable noise that disturbs the peace or quiet of any neighborhood within the City or which causes discomfort or annoyance to any reasonable person of normal sensitivities
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in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.
B. Any law enforcement officer, code enforcement officer, or other employee or official designated by the City Manager who hears excessive noise or sound as defined in this Chapter that is plainly audible, in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards:
1. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced.
2. The official shall first attempt to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates, then the official shall confirm the source of the sound or noise by approaching the suspected vehicle or real property until the official is able to obtain a direct line of sight and hearing, and confirm the source of the sound or noise that was heard at the place of the original assessment of the sound or noise.
3. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation.”
“8.108.040 Exemptions.
A. There is exempted from the provisions of this Chapter the use of horns, sirens or other signaling or warning devises by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police and other governmental or official vehicles.
B. Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.
C. Government events, sponsored events, and public works projects.
D. Utility Company projects, repairs and work.
E. Special events and community events approved by the City.
F. Religious institutions and religious related activities and events approved by the City.
G. Public Schools and school related activities and events.
H. Railroad operations and locomotives, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations.
I. Collection of refuse by City contracted waste hauler.
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J. Traditional residential yard landscaping maintenance activities (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing and similar activities) that occur between 7:00 a.m. and 8:00 p.m.
K. Traditional residential automotive repair activities (i.e., oil changes, brake jobs, minor automotive body or fender or other work on metal objects and metal parts) that occur between 7:00 a.m. and 8:00 p.m.
L. Testing and operation during a power outage of backup generators on residential and commercial properties that adhere to applicable zoning and building setbacks.
M. Air conditioning units and pool equipment on residential properties that adhere to applicable zoning and building setbacks.”
“8.108.050 Special activities.
In addition to the exemptions provided for in Section 8.108.030, the following activities shall be exempted from the provisions of this Chapter:
A. City or school approved activities conducted on public parks, public playgrounds and public or private school grounds including but not limited to athletic and school entertainment events between the hours of 7:00 a.m. and 11:00 p.m.
B. Noises produced by mechanical devices, apparatus or equipment used, related to, or connected with emergency machinery, vehicles, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.
C. All devices, apparatus or equipment associated with agricultural operations provided as follows:
1. Operations shall not take place between 5:00 p.m. and 7:00 a.m.
2. Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
3. Such operations and equipment associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued or regulations enforced by the California Department of Agriculture.
D. Noise associated with the maintenance of real property shall not take place between the hours of sunset and 7:00 a.m. on weekdays, and between the hours of sunset and 9:00 a.m. on weekends.”
“8.108.060 Construction Activities.
Construction activities shall only occur between 7:00 a.m. and 5:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on weekends. No construction is permitted on New Year’s Day, Thanksgiving Day, and Christmas Day. The Building Official may, in their reasonable discretion, extend or limit such hours for any construction.”
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“8.108.070 Prohibited Noise.
1. The following noises are prohibited and declared to be nuisances between the hours of 10:00 p.m. and 7:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Peddlers Use of Loud Noise to Advertise Goods. No peddler or mobile vendor or any person on their behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.
B. Animal Noises. No person owning or having the charge, care, custody or control of any dog or other animal or fowl shall allow the same to howl, bark, yelp or make other noises in such a manner as to create a noise disturbance.
C. Loud and Boisterous Yelling, Shouting, Whistling or Singing. No person shall yell, shout, whistle or sing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence or neighborhood.
D. Radios, Television Sets, Musical Instruments, Phonographs and Similar Devices. No person shall use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto.
E. Sounding of Whistles, Horns, Bells, or Other Such Devices. No person shall make or cause to be made the loud, sudden and unnecessary blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of railroad locomotives, motor trucks and other transportation equipment.
F. Loading or Unloading of Trucks. No person shall create or cause to be created loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles, so as to disturb the peace and quiet of adjacent residential neighborhoods.
G. Operation of Equipment. The operation or use of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, forklifts, milling equipment, other tools or apparatus the use of which is attended by loud and excessive noise, or the movement of tractors, tractor trucks, or large trucks on property adjacent to residences is prohibited.
2. The following noises are prohibited and declared to be nuisances between the hours of 8:00 p.m. and 8:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Nonresidential Maintenance Activities. Nonresidential maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) in a manner that would cause a noise disturbance to a residential zoning district.
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B. Nonresidential Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts.” “8.108.080 Noise Performance Standards
A. Normally Acceptable. Specified land use activities that are satisfactory, based upon the assumption that any land use or building involved are of ordinary performance standards.
B. Conditionally Acceptable. Activities or Actions shall be undertaken only after a detailed analysis of the noise reduction (muffling) requirements is made and noise reduction insulation features are included as a preventive measure.
C. Normally Unacceptable. Noise levels exceeding the following ranges shall generally be discouraged. If new activities or actions proceed, a detailed analysis of the noise reduction requirements must be made and necessary noise insulation features included in the design.
D. Clearly Unacceptable. Activities shall not be undertaken or permitted.
Table 8.108.080 Performance Standards
Land Use Category and
Similar Activities
Maximum Community
Noise Exposure Levels
Ldn or CNEL, dBa
Normally Acceptable <65
Conditionally Acceptable 66 - 75
Normally Unacceptable 76 - 90
Residential
Clearly Unacceptable 91 or more
Normally Acceptable <60
Conditionally Acceptable 61 - 65
Normally Unacceptable 66 - 75
Residential (Evening)*
11:00p.m. – 7:00 a.m.
Clearly Unacceptable 76 or more
Normally Acceptable <75
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 90
Retail, Office Buildings,
Business Commercial and
Professional, Hotel
Clearly Unacceptable 91 or more
Normally Acceptable <85
Conditionally Acceptable 86 - 90
Normally Unacceptable 91 or more
Industrial, Manufacturing
Utilities, Agriculture
Clearly Unacceptable 100 or more
Normally Acceptable <70
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 85
Playgrounds, Neighborhood
Parks
Clearly Unacceptable 86 or more
“
“8.108.090 Mixed Use Development.
Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the normally acceptable noise standard for the residential component of
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the project may be increased by five decibels when the noise exceeds the standards established by the performance standards.”
“8.108.100 Infill Single-Family Residential Development.
Where a new development proposal includes an infill single-family residential use, the normally acceptable noise standard for the proposal may be increased by five decibels when the noise exceeds the standards established by the performance standards.” “8.108.110 Noise Level Measurement Criteria.
A. Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an equivalent instrument with associated recording and analyzing equipment that provides equivalent data.
B. Noise readings shall be taken at the receptor's/generator's property line and the receptor's building setbacks to verify noise levels as categorized in Section 8.108.060 of this chapter.
C. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists in violation of the provision of Section 8.108.020 may include, but not be limited to, the following:
1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;
2. The level of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise of natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates or is heard in;
9. The time of the day and night the noise occurs;
10. The duration of the noise, including whether it is of a temporary or short-term nature;
11. Whether the noise is recurrent, intermittent, or constant;
12. Whether the noise is produced by a commercial or noncommercial activity;
13. Whether the noise produces vibrations that are felt or heard; and
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14. Whether the noise level exceeds any noise level as specified in Section 8.108.060.
D. These factors shall be considered in addition to the noise levels set forth in Section 8.108.060 in determining a violation. Noises do not necessarily need to exceed those noise level limits to be considered unnecessary, or unusual so as to cause hearing loss, speech interference, sleep interference, physiological responses, or annoyance to persons in the area. This shall be determined by the city manager, or their designee on a case by case basis.” “8.108.120 Penalty for Violation.
Violations of this Chapter shall be enforced and be punishable as set forth in Chapter 1.16 (General penalties) of the Grand Terrace Municipal Code.” “8.108.130 Penalty for Public Nuisance
Any violation of this chapter is a public nuisance and may be abated in accordance with law pursuant to Chapter 8.04 of this code.”
SECTION 9. Section 8.112.010 “Dates and Hours of Sale and Discharge” Of Chapter
8.112 – FIREWORKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“8.112.010 Dates and Hours of Sale and Discharge.
Safe and sane fireworks as defined by Section 12529 of the California Health and Safety Code may be sold within the City during the period of June 28th through July 4th, 12:00 noon to 9:00 p.m. by persons possessing an appropriate permit pursuant to Section 8.112.020. The selling of fireworks without a permit is prohibited. Safe and sane fireworks may be discharged solely on July 4th, between the hours of 12:00 noon to 10:00 p.m.” SECTION 10. Sections 9.05.010 “Definitions” and 9.05.020 “Selling Food or Merchandise – Operational Requirements in Chapter 9.05 – VENDING ON CITY SIDEWALKS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“9.05.010 Definitions.
As used in this Chapter:
A. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
B. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
D. “Sidewalk vendor security camera” means a surveillance camera installed on a sidewalk vendor's cart, table, persons, or other equipment, used to monitor their selling area and potentially deter crime or provide evidence in case of theft or harassment while they are working.”
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“9.05.020 Selling food or merchandise—Operational requirements.
A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this Code, and if selling food, a valid health permit issued by the County of San Bernardino.
B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.
C. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:
1. Vend in a residential zone between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays, for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises;
2. Leave any stand unattended;
3. Store, park, or leave any stand overnight on any public street, sidewalk, or park;
4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;
5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;
6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;
7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;
8. Solicit or conduct business with persons in motor vehicles;
9. Sell anything other than that which he or she is licensed to vend;
10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;
11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;
12. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;
13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;
14. Operate on any street that does not have a public sidewalk;
15. Operate a stationary vending cart in exclusively residential zones;
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16. Operate a stationary sidewalk vending cart in any City park if the City or operator of the City park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;
17. Operate within 50 feet of an abutting residential zone within a City park;
18. Operate a sidewalk vending cart within a parking lot within a City park;
19. Operate a sidewalk vending cart within 1,000 feet from any public or private school property, during school hours or one hour before or after school hours;
20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article;
21. Operate within the 500 feet of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, a "temporary special permit" is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit;
22. Operate in violation of any other generally applicable law; and
23. Operate without a sidewalk vendor security camera installed on a sidewalk vendor's cart, table, persons, or other equipment. The vendor must be able to provide security camera video upon request by City Officials. The vendor shall maintain storage of at minimum one week of the most current security camera video.
D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet.” SECTION 11. Section 10.16.021 “Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas” of Chapter 10.16 – STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“The parking and/or storage of the following commercial vehicles in the front yards, front yard paved area, driveway, or side yards when these are visible from the street shall be prohibited in all residentially zoned areas (refer to graphic display):
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EXAMPLES
* These trailers (nonmotorized vehicles) are already prohibited from being stored on residential front yards per Zoning Code Section 18.73.200.
A. Large commercial trucks above seven feet in height, above twenty-two feet in length.
Refer to graphic illustration from State Vehicle Code;
B. Three or more axle trucks;
C. Tow trucks;
D. Concrete mixer trucks;
E. Flatbed trucks;
F. Tractor/cabs only;
G. Tank vehicles (i.e., water, oil, liquids);
H. Big rigs and their trailers;
I. Farm-related vehicles;
J. Delivery trucks/vans (i.e., ice cream, materials, goods and services); [3] K. White (or colored) panel or box trucks (i.e., goods, produce, bread etc.).*
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Footnotes:
--- (3) ---
These two types are not considered commercial vehicles per the State Vehicle Code unless carrying hazardous materials. However, when used for commercial purposes, State DMV requires a commercial driver's license.”
SECTION 13. Section 12.32.140 “Park Hours” of Chapter 12.32 – CONDUCT ON PUBLIC PROPERTY PARKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.32.140 Park hours.
As a general rule, parks shall be open to the public every day of the year between the hours of 7:00 a.m. and sunset. However, the City Manager may, in their reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the time when such park is closed unless they have obtained a permit therefor from the City Manager or their designee. Park closing hours shall be posted at park entrances.” SECTION 14. Section 12.56.070 “Design and Development Standards” of Chapter 12.56 – WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.56.070 Design and development standards.
A. SWF design and development standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The City's grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
B. Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in Section 12.56.060 have been made are subject to the following conditions, unless modified by the approving authority:
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.
3. No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.
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C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a Major WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:
1. General guidelines.
a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this Code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Wireless telecommunications facilities shall be located consistent with Section
12.56.080 (Location restrictions) unless an exception is granted.
2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as technically feasible.
5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (excepting wooden poles per Subparagraph 5.b. below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section 12.56.080 is granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.56.080 is granted. The maximum height of any antenna shall not exceed 48 inches above the height of any existing utility pole within 100 feet of the proposed facility an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the
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California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole located within 100 feet of the proposed facility. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations. g. An exception pursuant to Section 12.56.080 shall be required to erect any new support structure (non-eligible support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing structural designs that are scheduled to be removed and not replaced. (ii) Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. (iii) Such new support structures shall not adversely impact scenic views from other structures and/or public areas and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible. (iv) A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is
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infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the right-ofway that is technically feasible.
7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists.
9. Public facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:
a. Unless City staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section 12.56.080 shall be required in order to place accessory equipment aboveground and concealed with natural or manmade features to the maximum extent possible.
b. When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of ten square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be located within the structure. Also, while polemounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this Chapter. c. Structures shall maintain clear sight triangles at all intersections. d. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of the street with no homes.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.
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13. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.
15. Noise.
a. Backup generators shall operate during periods of power outages and during testing and maintenance procedures. Backup generators shall not be operated for testing and maintenance on weekends, holidays, or weekdays between the hours of 8:00 a.m. and sunset. The City Engineer may, in their reasonable discretion, extend or limit such hours for testing and maintenance of backup generators in the public right-of-way. b. At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 8.28 of this Code.
16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director or the approving City body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
17. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment
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that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
18. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.
19. Conditions of approval. All Major WTFPs shall be subject to such conditions of approval as reasonably imposed by the Public Works Director or the approving City body, as applicable, as well as any modification of the conditions of approval deemed necessary by the Public Works Director or the approving City body.” SECTION 15. Section 15.56.130 “Irrigation Scheduling” of Chapter 15.56 – WATER EFFICIENT LANDSCAPE of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“15.56.130 Irrigation Scheduling.
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.
Irrigation schedules shall meet the following criteria:
1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
2. Overhead irrigation for residential and commercial land shall be regularly scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Overhead irrigation of agricultural property in an Agricultural Overlay requires a Conditional Use Permit to establish scheduled hours. An overhead irrigation system means irrigation systems that deliver water through the air by applying irrigation water which is comparable to rainfall. Water is spread through a system of pipes generally by pumping, or pressurized municipal water supplies. It is then sprinkled into the air and covering an entire soil surface through spray heads so that it breaks up into small water drops which fall to the ground.
3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.
Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. The plant establishment period;
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b. The established landscape; and
c. Temporarily irrigated areas.
B. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation);
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3. Number of cycle starts required for each irrigation event to avoid runoff;
4. Amount of applied water scheduled to be applied on a monthly basis;
5. Application rate setting;
6. Root depth setting;
7. Plant type setting;
8. Soil type;
9. Slope factor setting;
10. Shade factor setting; and
11. Irrigation uniformity or efficiency setting.”
SECTION 16. Section 18.10.040 “Site Development Standards” of Chapter 18.10 – RESIDENTIAL DISTRICTS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.10.040 Site Development Standards.
The site development standards established for each residential district are as shown in Table 18.10.040.
TABLE 18.10.040
SITE DEVELOPMENT STANDARDS
Development Issue RH R1-20 R1-10 R1-
7.2 R2 R3 R3-S R3-20 R3-24
Area (Minimum square feet) _
a 20,000 10,000 7,200 10,000 12,000 g 12,000 12,000
Width (Minimum linear feet)
* Interior Lot _a 100 60 60 60 60 g 60 60
* Corner Lot _a 100 70 70 70 70 70 70
Lot Depth (Minimum linear feet) _
a 150 100 100 100 100 g 100 100
Street Frontage (Minimum linear
feet)
_
a 50 40 40 40 40 g 40 40
Setbacks (Minimum linear feet)
•Front Yard _
a 25b 25b 25b 25b 25b 25b 25b
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•Rear Yard _
a 35b 35b 20b 20b 20b 20b 20b
•Side Yard
- Interior Lot g
With Garage _
a 10b 10b 10b 10b 10b 10b 10b
Without Garage _
a 5b 5b 5b 5b 10b 10b 10b
- Corner Lot
Street side _
a 15b 15b 15b 15b 15b 15b 15b
No Street side _
a 5 5 5 5 10 10 10
Density (Allowable dwelling units per
acre)
_
a 1-2 1-4 1-5 1-9 1-12c Max.
20 13-20c 20-24c
Living Area (Minimum square feet)
* Single Family _a 1,350d 1,350d 1,350d 1,350d 1,350d
* Duplex, Triplex, Four-plex and
Multiple Family
- One (1) Bedroom - - - - 675d 675d
- Two (2) Bedroom - - - -
850d 850d
Three (3) Bedroom 1,025d 1,025d
For each additional bedroom 175d 175d
Height (Maximum linear feet) _
a 35e 35e 35e 35e 35e g 35e 35e
Lot Coverage (Maximum percent) _
a 40 50 50 60f 60 g 60 60
Distance Between Buildings
(Minimum linear feet)
_
a 5 5 5 20 20 g 20 20
Footnotes:
a. A specific plan shall be required for all proposed projects (including tentative parcel or tract maps) which include any property located within this district, except that a specific plan shall not be required for existing parcels that are one acre or less in size, are readily served by existing infrastructure, have public access, and fire services can be readily provided. Such specific plan shall establish site development standards on a project by project basis in consideration of the existing topography and other physical constraints.
The specific plan shall not create a density greater than one dwelling unit per gross acre and shall be consistent with the city's general plan. The specific plan may consider a clustered development concept in order to preserve large areas of open space and minimize the project's impact on the physical environment. b. The following exceptions apply to front, rear and side yard requirements as noted:
1. The minimum side and rear yard setback for a patio cover shall be five feet.
2. The minimum rear yard setback for an accessory structure shall be ten feet.
3. Slopes exceeding five percent shall be permitted no closer to a residential structure than a distance equal to the required side and rear yard setbacks. In the R1-10 district and the R1-20 district, the thirty-five foot rear yard setback may include ten feet of slope that is greater than five percent.
4. In the case of a parcel or tract map, the twenty-five foot front yard setback requirement may range from twenty-two feet to twenty-eight feet, with an average of twenty-five feet for all proposed lots.
5. In the case where an existing legal nonconforming structure is located within a required setback area, the legal nonconforming structure may be enlarged within the required setback area subject to the following conditions:
a. The proposed addition does not further reduce the depth of the existing setback area; and
b. The proposed addition is located no closer than five feet from any property line.
Ordinance No. 366
c. A density bonus shall be permitted in accordance with the California Government Code and this Title.
d. For the purposes of this chapter, the following term shall be defined as follows:
"Living area" means the enclosed area of a residential dwelling unit, excluding porches, patios, carports, garages, storage areas or auxiliary rooms. e. Accessory structures shall not exceed twenty feet in height, with exceptions as listed in Section 18.73.090 of this title.
f. Not more than the permitted percent of the total parcel may be devoted to main and accessory structures, parking areas, driveways and covered patios. The remaining percent of the total parcel shall be devoted to open areas such as landscaping, lawn, outdoor recreational facilities, incidental to residential development, including swimming pools, tennis courts, putting greens, uncovered patios and walkways. Said open areas shall consist of not less than two hundred square feet of open space per dwelling unit. g. Senior citizen housing's development standards will be established through the specific plan process. All senior citizens housing projects in the R3-S zone will require specific plan process; however, in no circumstance shall the density exceed twenty unit/acre.” SECTION 17. Section 18.53.020 “Table 15.53.020 Agricultural Overlay Standards” of Chapter 18.53 – AG AGRICULTURAL OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“Table 18.53.020: Agricultural Overlay Standards
“TABLE 18.53.020
Agricultural Overlay Standards
Type of
Animal or
Use
Minimum Site
Area per
Animal or Use
(square feet)
Maximum
Number of
Animals
Permitted Use (P) or
Conditionally Permitted
Use (C)
Each horse, mule,
donkey or ponya
10,000 6 P
Each large animal other
than a horse, mule,
donkey or ponya
20,000 3 C
Each small
animal;sup\sup;
4,000 12c P
Each 5 birds or rodents 4,000 25 P
Exotic or wild animals 20,000 3 C
Horticultural crops or
tree farming
20,000 NA P
Overhead irrigation
schedule for orchards,
groves, nurseries, field
crops, tree crops, berry
crops, bush crops, truck
gardening and
commercial flower
growing.
NA NA C
Footnotes:
Ordinance No. 366
a. A pony, defined as any horse measuring 14 hands and two inches or less in height at the withers, may be kept in addition to the keeping of two horses on a 20,000 square foot parcel.
b. A "small animal" shall be defined as an animal weighing less than 250 pounds. c. No more than one male goat shall be permitted.”
SECTION 18. Section 18.56.030 “Conditionally Permitted Uses” of Chapter 18.56 – AG-2 AGRICULTURAL 2 OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.56.030 Conditionally Permitted Uses.
Uses permitted in the AG-2 overlay district with a conditional use permit are as follows:
A. Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of 70 feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table
18.56.030.
B. Apiaries, provided that no hives or boxes housing bees are kept closer than 200 feet from any dwelling other than that occupied by the property owner.
C. Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing, including the drying, packing, canning, freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least 20 feet from the property line.
D. Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed 250 square feet.
E. Riding stables and academies; provided that the minimum lot size for such uses shall be not less than five acres, and that all buildings for the housing, feeding, or rental of such animals shall be at least 100 feet from any property line, and 500 feet from any residential zone, church, school, park or hospital.
F. Sheep grazing only for the purpose of clearing unharvested crops or stubble, with no limit on the number of animals, for a period not exceeding 30 days in any six-month period.
Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement.
G. Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than 25 percent of the site area.
Ordinance No. 366
H. Accessory structures and uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/agricultural structures, provided these structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code.
Approval shall be through a minor conditional use permit review.
I. Other uses which are determined by the City Council to be similar in nature to a use listed in this Section.
J. Overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.” SECTION 19. Section 18.64.040 “Sustainable Design” of Chapter 18.64 – OBJECTIVE DESIGN STANDARDS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.64.040 Sustainable Design.
A. LEED Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use with more than ten (10) dwelling units shall demonstrate that the application qualifies for the most current version of "LEED Certification," as one of the four different levels of LEED certification – Platinum, Gold, Silver, and Certified, or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council (GBCI). 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. DOE ZERH Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use of ten (10) dwelling units or less shall demonstrate that the application qualifies for the most current version of the Department of Energy (DOE) Zero Energy Ready Home Program (ZERH) Requirement. All Zero Energy Ready dwelling units must be certified by a thirdparty verifier per the DOE-Recognized ZERH Certification Organizations.
C. 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 application is submitted for preliminary or formal review as required by City application forms/ checklists established by the Director.” SECTION 20. Sections 18.80.050 “Signs on Public Property” and 18.80.130 “General Provisions” of Chapter 18.80 – SIGNS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
Ordinance No. 366
“18.80.050 Signs on public property.
A. General Prohibition. Except as provided for in this Section, no signs may be displayed on City property by private parties. Any sign posted on City property in violation of this Section may be summarily removed by the City.
B. The following signs are exempt from the provisions of this sign code:
1. Traffic control and traffic directional signs erected by the City or another governmental unit.
2. Official notices required or authorized by law.
3. Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions.
C. Human Advertisements. All human advertisement is prohibited on public property in the City.
D. Exception: Temporary Off-Site Commercial Signs.
1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.
2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Subsection 18.8.050.E, that a particular type of business satisfies the criteria in Subsection 18.80.050.D.
3. Without a prior finding by the Director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in Subsection D.1, above:
a. Real estate directional signs, directing to properties that are for sale or for rent within the City limits.
b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.
4. Temporary signs in the public right-of-way are subject to all of the following limitations:
a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.
Ordinance No. 366
b. Temporary signs displayed under this Section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.
c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences.
d. No more than 25 signs per licensed entity may be temporarily placed in the public right-of-way at any one time.
e. The sign area shall be no larger four square feet.
f. All signs shall not exceed three feet in height, measured from the highest street grade in contact with the sign to the top of the sign. g. No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
h. No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
i. No signs shall be placed so as to obstruct ingress and egress to any public or private property.
j. Temporary signs displayed under this Section shall only be placed on the public right-of-way Thursday through Sunday during the hours of 7:00 a.m. to 11:00 p.m.
k. Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. l. Any other reasonable restrictions, or modifications to the above restrictions, which the Director finds are necessary to further the purposes of this Code, consistent with the type of sign or business.
E. Exception and Appeal.
1. The Director must make the determination of whether a business falls within the exception in Subsection 18.80.050.D within five business days of receipt of a written request by the sign's owner for such determination. The Director shall notify the applicant of his or her decision forthwith by U.S. Mail.
2. In the event that the Director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the Director's decision in writing to the City Manager, who shall review all relevant evidence relating to the appeal. The City Manager shall make a determination within five business days of
Ordinance No. 366
receipt of the appeal. The City Manager shall notify the applicant of the determination forthwith by U.S. Mail.
3. In the event that the City Manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the City Manager's decision in accordance with Section 18.80.090, Appeals.” “18.80.130 General Provisions.
This Section describes the provisions applicable to all signs regulated by this Chapter.
Certain types of signs may also be subject to additional provisions.
A. Sign Area Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time.
B. Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 125 percent of the maximum height allowed by this Chapter.
C. Calculation.
Ordinance No. 366
1. For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.
2. When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business.
E. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is recommended.
3. All freestanding signs that incorporate lighting shall have underground utility service.
4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.
E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.
F. Interference with Motorist Field of Vision.
1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.
2. No sign shall, as determined by the City Engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way.
3. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.
4. Signs shall not be located within the clear sight triangle.
G. Obstruction of Passage.
Ordinance No. 366
1. No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.
2. No sign shall be constructed or located so as to obstruct any sidewalk.
H. Sign Siting.
1. Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, any signage facing that residential use shall not be illuminated.
2. Setback and Spacing of Freestanding Signs.
a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.
b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety.
I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the City.
J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance.
K. Electronic Signs. The City finds and declares that a proliferation of electronic display signs throughout the City, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types.
Therefore, the City through this sign code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the City as of the effective date of this Chapter, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with Section 18.80.220 (Nonconforming and abandoned signs).
1. The limitation established by this Section shall not apply to manually changeable copy signs or freeway signs.
2. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this
Ordinance No. 366
limitation on electronic display signs. Illumination levels shall conform to Subsection 18.80.140.A.3 of this Chapter.”
SECTION 21. Section 18.82.010 “Residential Care Facilities” of Chapter 18.82.010 – STANDARDS FOR SPECIFIED LAND USES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.82.010 - Residential Care Facilities.
A. Purpose. This Section provides standards for the establishment and operation of residential care facilities.
B. Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).
C. Development and Operational Standards.
1. Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.
2. Residential Care Facilities Serving Seven or More Persons. a. Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located. b. Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:
i. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);
ii. Maximum number of occupants and hours of facility operation; iii. Term of client stay;
iv. Support services to be provided on-site and projected staffing levels; and
v. Rules of conduct and/or management plan.
c. Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home. d. Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls
Ordinance No. 366
shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.
e. Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.
f. Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (OffStreet Parking). g. Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.
h. Signs. No commercial identification signs shall be allowed within a residential land use zoning district.
i. Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.
j. Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.
k. Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and sunset.
l. Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.
m. Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.”
SECTION 22. Based upon the forgoing and all oral and written communications from members of the public and City staff (including, but not limited to, all oral and written staff reports and attachments) presented at the November 21, 2024, and February 27, 2025, Planning Commission Public Hearings; and, the March 25, 2025, April 8, 2025, and May 13, 2025, City Council Public Hearings, the City Council hereby adopts Ordinance No. 366 approving Zoning Code Amendment (ZCA) 24-04, and adopts and finds an environmental exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
SECTION 23. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase contained approved by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of Grand Terrace hereby declares that it would have passed each
Ordinance No. 366
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 24. First read at a regular meeting of the City Council held on the 8th day of April 2025 and adopted the Ordinance after the second reading at a regular meeting held on the 13th day of May 2025.
SECTION 25. City staff is hereby authorized and directed to file a Notice of Exemption (NOE) with respect to the adoption of this Ordinance.
SECTION 26. 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 thirty (30) days after its final passage.
Signatures on the following pages.
Ordinance No. 366
APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13th day of May 2025.
__________________________
Mayor Bill Hussey
ATTEST:
Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. 366
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.
CITY OF GRAND TERRACE )
I Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the City Council at a regular meeting of said City Council held on the 13th day of May 2025, and that and that it was adopted by the called vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this 13th day of May 2025, at Grand Terrace, California. ___________________________
Daysi Alcocer
City Clerk
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department
385 N. Arrowhead Avenue, 2nd Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: An Ordinance of the City Council of Grand Terrace, California, approving Zone Change Amendment (ZCA) 24-04, an Ordinance Amending the Grand Terrace Municipal Code Chapter 5.06 (Home Occupation Permits); Chapter 5.40 (Garage Sales); Chapter 5.42 (Integrated Waste Management); Chapter
5.48 (Massage Parlors and Massage Technicians); Chapter 8.108 (Noise); Chapter 8.112 (Fireworks); Chapter
9.05 (Vending on City Sidewalks); Chapter 10.16 (Storage of Vehicles – Intersection Obstruction); Chapter
12.32 (Conduct on Public Property – Parks); Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way); Chapter 15.56 (Water Efficient Landscape); Chapter 18.10 (Residential Districts); Chapter
18.53 (AG Agricultural Overlay District); Chapter 18.56 (AG-2 Agricultural 2 Overlay District); Chapter 18.64 (Objective Design Standards); Chapter 18.80 (Signs); and Chapter 18.82 (Standards for Specified Land Uses and Activities) to streamline and ensure internal consistency.
Project Location – Specific: Citywide
Description of Project: Zone Change Amendment (ZCA) 24-04 to address noise standards and miscellaneous inconsistencies within the Municipal Code such as Home Occupation Permits and multiple family residential unit sizes.
Name of Public Agency Approving Project: Grand Terrace City Council Name of Person or Agency Carrying out Project: City of Grand Terrace Planning Department Exempt Status: Environmental Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
Reasons Why Project is Exempt: It can be seen with certainty that the proposed Zone Change Amendment (ZCA) 24-04 solely proposes to clean up the Municipal Code so it can be more effectively and efficiently applied, has no foreseeable potential to have a significant adverse effect on the environment. The City of Grand Terrace has determined that ZCA 24-04 exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption. The project is exempt under the “common sense” exemption because it does not involve any grading, demolition, or construction activities that will have a significant effect on the environment.
The project is strictly a text update to the City’s Municipal Code.
Lead Agency or Contact Person: Telephone/Email:
(909) 954-5177 office
[email protected]
______________________________ _________________
Scott Hutter Date
Planning Director
City of Grand Terrace
ATTACHMENT 2
AGENDA REPORT
MEETING DATE: May 13, 2025
TITLE: Authorization to Install Security Gates at City Hall and Public Parks PRESENTED BY: Natalie Oros, Department Secretary
RECOMMENDATION:
1. Approve an agreement with General Door for the installation of gates at City Hall, Veterans Freedom Park, and Richard Rollins Park in the total amount of $104,719.00, subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2: Maintain Public Safety, by investing in infrastructure improvements that enhance the safety of City facilities, protect staff and Sheriff vehicles, and reduce reliance on manual operations for park closures.
BACKGROUND:
As part of the City's ongoing partnership with the San Bernardino County Sheriff's Department, the annex building at City Hall has been designated for use as a local substation. To support this effort, the City has offered the use of its maintenance yard to provide secure parking for Sheriff’s Department vehicles. In turn, the City will have to relocate their vehicles to the south parking lot. To maintain a secure environment for staff, the installation of a secured access gate at this location is being proposed.
Additionally, the City has experienced increased reliance on Public Works staff to manually close park gates during evenings and weekends when volunteers are unavailable. This has resulted in additional on-call staffing costs and operational inefficiencies, prompting the need for automated gate systems at Richard Rollins Park and Veterans Freedom Park.
DISCUSSION:
To improve security for staff vehicles and support the Sheriff’s Department, staff recommends installing a secured access gate at the south parking lot of City Hall. The gate will limit access to authorized users and enhance site safety. The quoted cost for this gate is $57,187.00.
To address ongoing operational inefficiencies and reduce reliance on on-call staff for park closures, staff also recommends installing automated gates at Veterans Freedom Park and Richard Rollins Park. These gates will streamline park closure processes and reduce recurring staffing costs.
The City requested quotes from three vendors: General Door, Automated Gate Services Inc., and Vortex Doors. Vortex did not submit a quote for the City Hall gate. General Door was the lowest, most
responsive bidder for all three sites, submitting the following quotes:
• Veterans Freedom Park: $22,500.06
• Richard Rollins Park: $25,031.94
• City Hall South Parking Lot: $57,187.00
ENVIRONMENTAL IMPACT:
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) as it involves the installation of minor accessory structures at existing facilities FISCAL IMPACT:
The total cost of the proposed gate installations is $104,719.00, which includes:
• $57,187.00 for the secured access gate at the City Hall south parking lot (Account No. 10-195- 706-000)
• $22,500.06 for the automated gate at Veterans Freedom Park (Account No. 10-450-245-000) • $25,031.94 for the automated gate at Richard Rollins Park (Account No. 10-450-245-000) Funding for the entire project was included and approved as part of the midyear budget adjustment and remains available in the current fiscal year budget. No additional appropriation is required.
01247.0001 2004195.1 5/6/2025
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
GENERAL DOOR SERVICE INC
01247.0001 2004195.1 5/6/2025
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
GENERAL DOOR SERVICE INC
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND GENERAL DOOR SERVICE INC” (herein “Agreement”) is made and entered into this 13th day of May, 2025 by and between the City of Grand Terrace, a California municipal corporation (“City”) and GENERAL DOOR SERVICE INC, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a informal bid request, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Four Thousand Seven Hundred Nineteen Dollars ($104,719.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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Justin Thomas Ganas Owner
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Konrad Bolowich, City Manager, [or such person as may be designated by the City Manager]. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
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control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
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written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional five (5) year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to City. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
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CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant’s Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.3.
In the event Consultant subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“Indemnitors”), or arising from Consultant’s or Indemnitors’
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reckless or willful misconduct, or arising from Consultant’s or Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to City, Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, Consultant shall fully cooperate with City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.
Consultant may retain copies of such documents for its own use. Consultant shall have the right to
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use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as previously stated.
7.9 Attorney’s Fees.
If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts and Electronic Signatures.
This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paperbased record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
___________________________________
Daysi Alcocer, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
___________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
______________________________________
______________________________________
By:
___________________________________
Name: JUSTIN THOMAS GANAS
Title: Owner
By:
___________________________________
Name:
Title:
Address: 3300 Call Drive
Riverside, CA 92503
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01247.0001 2004195.1 5/6/2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01247.0006/808013.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled the “Installation of Security Gates at City Hall (22795 Barton Road), Veterans Freedom Park (21950 Pico Street), and Richard Rollins Park (22745 De Berry Street).”
II. Including any documents or exhibits referenced therein. The bid documents shall include, but not be limited to, those bid specifications and documents provided in Exhibit “A-1”.
III. In addition to the requirements of Section 6.2, during performance of the work, Consultant will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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EXHIBIT “A-1”
BID SPECIFICATIONS AND DOCUMENTS
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform all work at the rates on the Bid Schedule submitted as part of Consultant’s Proposal, which is attached hereto as Exhibit “C-1”. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given in Exhibit “C-1”, but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the Contract Officer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $104,719.00 as provided in Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit “A”. Further, Contractor shall perform all work timely and in accordance with a Project Schedule to be developed by Contractor and the Contract Officer and subject to written approval by the Contract Officer. All contracted work must be completed no later than June 30, 2025.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
AGENDA REPORT
MEETING DATE: May 13, 2025
TITLE: Public Hearing to Form Community Facilities District No. 2025-1 (Public Maintenance Services)
PRESENTED BY: Shanita Tillman, Sr. Management Analyst
RECOMMENDATION:
1. Adopt Resolution No. 2025-XX, forming Community Facilities District (CFD) No. 2025-1.
2. Adopt Resolution No. 2025-XX, calling a special election for CFD No. 2025-1.
3. Adopt Resolution No. 2025-XX, declaring the results of the special election and directing the recording of a Notice of Special Tax Lien for CFD No. 2025-1.
4. Adopt Ordinance No. XXXX, authorizing the levy of a special tax within Community Facilities District No. 2025-1 (Public Maintenance Services) to finance certain services.
2030 VISION STATEMENT:
Goal #1 "Ensure Our Fiscal Viability" by implementing a funding mechanism via the formation of a Community Facilities District for the maintenance of new landscaping and lighting installed due to new development.
BACKGROUND:
On June 25, 2024, the City Council of Grand Terrace approved Final Tract Map No. 20395, a six-lot residential development that includes pedestrian sidewalks, landscaping, and street and utility improvements. On January 14, 2025, the City Council adopted Resolution No. 2025-03, declaring its intention to establish Community Facilities District (CFD) No. 2025-1 for public maintenance services and authorize the levy of a special tax.
The public hearing was initially set for February 25, 2025, but was postponed to March 11, 2025, with notice provided to the property owner and published in the newspaper. At the hearing, the City Council will consider adopting a Resolution of Formation to establish CFD 2025-1, calling and declaring the results of a special landowner election, and introducing an ordinance to authorize the special tax levy.
The property owner has submitted a consent and waiver form, allowing the election to proceed without time limits or additional analysis. Willdan Financial Services confirmed that fewer than 12 registered voters reside within the CFD boundaries, requiring only a landowner election. The City Clerk has canvassed the ballots, and the property owner was allowed one vote per acre or portion
thereof.
A CFD Report prepared by Willdan Financial Services outlines the public services required, estimated costs, and a boundary map for CFD 2025-1.
DISCUSSION:
The conditions of development for the project require inclusion in CFD 2025-1 to fund increased landscaping, lighting, drainage, and street maintenance costs resulting from the development.
To offset the impact of new development on city services, staff recommends that the City Council approve the establishment of CFD 2025-1 (Public Services) by holding a public hearing, adopting the Resolution of Formation, calling for a special election, and declaring the election results, followed by the first reading of the Ordinance authorizing the special tax. The special tax revenue will fund maintenance services needed due to the development.
The project, owned by Jay-Gees, LLC, is located south of Litton Avenue, west of La Cadena Drive, and east of Rosedale Street, encompassing assessor’s parcel number 0275-083-03-0000. It consists of six single-family residential parcels.
Once the formation is complete and at least two-thirds of the votes approve, property owners will begin paying annual special taxes for CFD 2025-1 starting the fiscal year after receiving a building permit. These taxes will be itemized on their property tax bill per the Rate and Method of Apportionment of Special Tax.
ENVIRONMENTAL IMPACT:
Establishing a Community Facilities District (CFD) itself does not create a physical environmental impact, as it is primarily a financial mechanism for funding public services like landscaping, lighting, drainage, and street maintenance.
FISCAL IMPACT:
The City expects to collect an annual special tax of $1,816 plus CPI per detached dwelling unit within CFD 2025-1, beginning the fiscal year after a building permit is issued. This tax will be itemized on the property tax bill based on the Rate and Method of Apportionment of Special Tax. For the six single-family residential parcels in the project, CFD 2025-1 will generate a total annual special tax of $10,896, subject to annual inflationary adjustments.
RESOLUTION NO. 2025-XX
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE TO ESTABLISH CITY OF GRAND TERRACE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (PUBLIC MAINTENANCE SERVICES), TO ESTABLISH AN
APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF A SPECIAL
TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS
LIMIT AND THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
THEREOF
WHEREAS, on March 25, 2025, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Grand Terrace Declaring Its Intention to Establish a City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2025-1 (Public Maintenance Services) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set May 13, 2025, or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method;
WHEREAS, a notice of the public hearing to be held on May 13, 2025 was published in accordance with the Act;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises; WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within
the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.
WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “[t]he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).) WHEREAS, the CFD is intended to fund landscaping and lighting maintenance, drainage maintenance and street maintenance attributable to new growth within the City.
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows:
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.
3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
5. Name of the District. The community facilities district designated “City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services)” of the City is hereby established pursuant to the Act.
6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the San Bernardino County Recorder’s Office on April 2, 2025, in Book 92 at Page 35 as Recording Reference No. 2025-0070979 of Maps of Assessment and Community Facilities Districts.
7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.
8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council. b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.
9. CFD Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.
10. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon the City, as the result of development occurring in the CFD.
11. Responsible Official. The Public Works Director, or his or her designee, of the City of Grand Terrace, located at 22795 Barton Rd, Grand Terrace, CA, 92313, telephone number (909) 954-5200, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
12. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.
13. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest
hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election. b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD, the Special Election shall be conducted by the City Clerk pursuant to Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special Tax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election. (v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot
on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD. (vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk. (vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 6:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.
(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
14. Annexation Territory. Other property within the boundaries of the City may be annexed into the CFD pursuant to Article 3.5 of the Act.
15. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax.
Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.
16. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.
17. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.
b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The Public Works Director, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.
18. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.
19. Effective Date. This resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 13th day of May, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Daysi Alcocer Bill Hussey
City Clerk Mayor, City of Grand Terrace
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025- ______ was duly passed, approved, and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of May 2025, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Executed this 13th day of May 2025, at Grand Terrace, California. _________________________________
Daysi Alcocer
City Clerk for the City of Grand Terrace
[SEAL]
Exhibit A
City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services)
Description of Services
The services (the “Services”) described below are proposed to be financed by City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) (the “CFD”). The Services are in addition to those provided in the territory of the CFD before establishing the CFD. The Services do not supplant services already available within the territory of the CFD before establishing the CFD.
Landscaping and Lighting Maintenance: includes the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.
Drainage Maintenance: includes the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.
Street Maintenance: includes the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.
The cost of the Services shall include incidental expenses, including, but not limited to, the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, and costs incurred in order to carry out the authorized purposes of the CFD.
All Services shall be provided by the City of Grand Terrace, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Grand Terrace.
Nothing in this description of Services or any Resolution of the City Council shall be construed as committing the City or the CFD to provide all of the authorized Services.
The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD. The City may annually prioritize, at its discretion, the authorized Services that would be funded and the amount of the special tax proceeds that it will use for each Service.
The description of the Services, as set forth herein, is general in its nature. The final nature of the Services will be determined upon the City’s approval of services. The approval thereof may show substitutes in lieu of, or modification to, the proposed Services in order to provide the public Services necessitated by development occurring in the CFD, and any such substitution shall not be a change or modification in the proceedings as long as such substitute Services serve a function or provide a service substantially similar to that function served or the service provided by the Services described in this Report.
Exhibit B
City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services)
Rate and Method of Apportionment
A Special Tax of City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2025/26 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.
“Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Annual Escalation Factor” means the greater of (i) three percent (3%) or (ii) the Annual percentage increase in the Consumer Price Index for All Urban Consumers for San Bernardino-San Bernardino-Ontario, CA Area (not seasonally adjusted) as determined by the Bureau of Labor Statistics. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator. “Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll. “Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
“Attached Residential” means an Assessor’s Parcel of Developed Property, which is not Affordable Housing Property, within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied. “Base Year” means Fiscal Year 2025/26.
“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.
“CFD” means City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services).
“City” means the City of Grand Terrace.
“City Clerk” means the City Clerk for the City or his or her designee. “Council” means the City Council of the City, acting as the legislative body of the CFD.
“County” means the County of San Bernardino, California. “Detached Residential” means an Assessors’ Parcel of Developed Property within the CFD, which is not Affordable Housing Property, for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied. “Developed Property” means, for Detached Residential, Attached Residential, or Affordable Housing Property, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Building Square Footage, as applicable, per City or County records for that Assessor’s Parcel.
“Drainage Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.
“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Grand Terrace's Municipal Code. “Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy, and (v) Welfare Exemption Property.
“Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30.
“Landscaping and Lighting Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing landscaping and lighting maintenance within, or associated with the CFD, including the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD. “Land Use Class” means any of the classes listed in Table 1 and defined herein. “Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008. “Property Owner Association Property” means, for each Fiscal Year, any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in
common by owners of surrounding properties and it is intended for use for community purposes.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Developed Property to the Maximum Special Tax per Assessor’s Parcel of Developed Property is equal for all Assessor’s Parcels of Developed Property. “Proportionately” means, for Undeveloped Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Undeveloped Property to the Maximum Special Tax per Assessor’s Parcel of Undeveloped Property is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Special Tax Requirement” means the sum of (i) Streetscape and Landscape Maintenance Requirement, (ii) Administrative Expenses of the CFD, and (iii) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year. “State” means the State of California.
“Street Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.
“Streetscape and Landscape Maintenance Requirement” means the sum of the Landscaping and Lighting Maintenance Requirement, the Street Maintenance Requirement, and the Drainage Maintenance Requirement.
“Taxable Property” means all Assessor’s Parcels of Developed Property and Undeveloped Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Exempt Property.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2025/26, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2025/26, Taxable Property shall be further classified as Attached Residential, Detached Residential, Affordable Housing Property, or Undeveloped Property.
C. MAXIMUM SPECIAL TAX RATES
Land Use
Class Land Use Description Fiscal Year 2025/26 Maximum Special Tax Rate 1 Detached Residential $1,816.00 per Dwelling Unit
2 Attached Residential $1,089.60 per Dwelling Unit
3 Undeveloped Property $2,867.38 per Lot acre
For each Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2025/26, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:
Step 1: The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to meet the Special Tax Requirement. The applicable Maximum
Special Tax shall be based on the Developed Property’s classification as Detached Residential or Attached Residential.
Step 2: If after applying the method of apportionment in Step 1, if additional funds are needed to satisfy the Special Tax Requirement, the Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax to meet the remainder of the Special Tax Requirement needed. The applicable Maximum Special Tax shall be based on the Undeveloped Property’s classification.
E. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Sections B, C, and D.
F. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel.
Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal.
The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified.
The decision of the hearing board or Review/Appeal Committee shall be final and binding to all persons.
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.
H. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.
RESOLUTION NO. 2025 - XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
CALLING A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED
ELECTORS OF CITY OF GRAND TERRACE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (PUBLIC MAINTENANCE SERVICES) PROPOSITIONS REGARDING
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE ANNUAL LEVY
OF A SPECIAL TAX WITHIN THE COMMUNITY FACILITIES DISTRICT WHEREAS, on May 13, 2025 the City Council (the “City Council”) of the City of Grand Terrace (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. 2025-1 (Public Maintenance Services) (the “District”).
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Grand Terrace to Establish City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County San Bernardino that less than twelve (12) persons are registered to vote in the territory of the District; and WHEREAS, the City Clerk has advised the City Council that she has received Consent and Waiver forms from each and every landowner within the District, pursuant to which each landowner has expressly waived certain requirements related to the conduct of the election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows:
1. Recitals. The above recitals are all true and correct.
2. Call of Election. The City Council hereby calls and schedules a special election for May 13, 2025, to consider the proposition described in Section 3 below.
3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.
b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation.
c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
Shall special taxes with a rate and method of apportionment (“RMA”) attached hereto as Exhibit A and incorporated herein and made a part of this ballot measure and as also set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Grand Terrace to Establish City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually in perpetuity on taxable property within City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services), to pay for the maintenance of landscaping, lighting, streets and drainage, and incidental expenses related thereto, and shall the appropriations limit be established, all as set forth in the Resolution of Formation?
4. Electors Determined. The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.
5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and particularly the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.
6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.
b. The City Council hereby finds that the qualified electors of the CFD have waived the time limits for conducting the special election by unanimous written consent.
7. Concurrence of City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.
PASSED, APPROVED and ADOPTED this 13th day of May, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Daysi Alcocer Bill Hussey
City Clerk Mayor, City of Grand Terrace
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025- ______ was duly passed, approved, and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of May 2025, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Executed this 13th day of May 2025, at Grand Terrace, California. _________________________________
Daysi Alcocer
City Clerk for the City of Grand Terrace
[SEAL]
RESOLUTION NO. 2025 - XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF GRAND TERRACE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (PUBLIC MAINTENANCE SERVICES)
AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by the City Council of the City of Grand Terrace (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “Act”), the City Council adopted Resolution No. 2025-XX on May 13, 2025, entitled “Resolution of the City Council of the City of Grand Terrace Calling a Special Election and Submitting to the Qualified Electors of City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2025-1 (Public Maintenance Services) (the “District”); and WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on May 13, 2025, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows:
1. Recitals. The above recitals are all true and correct.
2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit A attached hereto and by this reference incorporated herein.
3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.
4. Ballot Measure Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.
5. Finding of Validity. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of San Bernardino within fifteen days of the date
hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.
PASSED, APPROVED and ADOPTED this 13th day of May, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ _________________________
Daysi Alcocer Bill Hussey
City Clerk Mayor, City of Grand Terrace
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025- ______ was duly passed, approved, and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of May 2025, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Executed this 13th day of May 2025, at Grand Terrace, California. _________________________________
Daysi Alcocer
City Clerk for the City of Grand Terrace
[SEAL]
EXHIBIT A
CITY OF GRAND TERRACE
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(PUBLIC MAINTENANCE SERVICES)
CERTIFICATE OF THE CITY CLERK AS TO THE
RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Daysi Alcocer, City Clerk of the City of Grand Terrace, hereby certify that I canvassed the returns of the Special Election in the City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) (the “District”), that the election was held in the Chambers of the City Council at 22795 Barton Rd, Grand Terrace, California 92313 on May 13, 2025.
I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:
Measure
Qualified
Eligible
Votes
Votes
Cast Yes No
Shall special taxes with a rate and method of
apportionment (“RMA”) attached hereto as Exhibit A
and incorporated herein and made a part of this ballot
measure and as also set forth in Exhibit “B” to the
resolution entitled “Resolution of Formation of the City Council of the City of Grand Terrace to Establish City
of Grand Terrace Community Facilities District No.
2025-1 (Public Maintenance Services), to Establish an
Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the
Establishment of an Appropriations Limit and the Levy
of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually in
perpetuity on taxable property within City of Grand
Terrace Community Facilities District No. 2025-1
(Public Maintenance Services), to pay for the
maintenance of landscaping, lighting, streets and
drainage, and incidental expenses related thereto, and
shall the appropriations limit be established, all as set forth in the Resolution of Formation?
4 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of ______________, 2025.
By: __________________________
Daysi Alcocer
City Clerk
City of Grand Terrace
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF GRAND TERRACE COMMUNITY FACILITIES DISTRICT NO. 2025-1 (PUBLIC MAINTENANCE
SERVICES)
WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace (the “City Council”) adopted Resolution No. 2025-XX entitled “A Resolution of the City Council of the City of Grand Terrace Declaring Its Intention to Establish City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) and to Authorize the Levy of a Special Tax Therein to Finance Certain Services” (the “Resolution of Intention”), stating its intention to establish the City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) (the “District”) to fund certain services described therein (the “Services”) pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code section 53311 et seq. (the “Act”); and WHEREAS, notice was published as required by the Act of the public hearing called pursuant to the Resolution of Intention as to the City Council’s intention to form the District and to provide for the costs of the Services; and WHEREAS, the Resolution of Intention called for a public hearing on the District to be held on May 13, 2025, and on this date the City Council held a public hearing, as required by the Act, relative to its decision to proceed with the formation of the District and the levy of special taxes therein; and
WHEREAS, City Council did not hold a council meeting on May 13, 2025 and the public hearing was postponed to May 13, 2025, at 6:00 p.m., or as soon thereafter as practical, and notice was provided to the property owner within the CFD; WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the special taxes were heard, evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, subsequent to the close of the public hearing, this City Council adopted resolutions entitled "Resolution of Formation of the City Council of the City of Grand Terrace to establish City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services), to establish an Appropriations Limit therefor, to authorize the Levy of A Special Tax therein, and to Submit the establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors thereof” (the “Resolution of Formation”), and "Resolution of the City Council of the City of Grand Terrace calling a Special Election and submitting to the Qualified Electors of City of Grand Terrace Community Facilities District No. 2025-1 (Public Maintenance Services) propositions regarding the establishment of an appropriations Limit and the annual Levy of a Special Tax Within the Community Facilities District", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax within, and establishing an appropriations limit for, the District; and
WHEREAS, an election was held within the District in which the landowners approved said propositions by ballots cast in the election.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grand Terrace as follows:
1. By the passage of this Ordinance, this City Council hereby authorizes and levies special taxes within the District, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special taxes appended as Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”), which Resolution of Formation is by this reference incorporated herein. The Special Tax is hereby levied to pay for the Services for the District, as contemplated by the Resolution of Formation and the Rate and Method of Apportionment, commencing in fiscal year 2025-26 and in each fiscal year thereafter.
2. The Public Works Director of the City or her designee is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Rate and Method of Apportionment.
3. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment.
4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of providing the Services, the payment of City costs in administering the District and the costs of collecting and administering the special tax.
5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District. The special taxes will be collected in the same manner as ordinary ad valorem property taxes, and the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of California Government Code section 53356.1 shall apply to delinquent special tax payments. The Public Works Director or her designee is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of San Bernardino and to take all actions necessary to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year.
Notwithstanding the foregoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.
6. If for any reason a court with jurisdiction finds any portion of this ordinance to be invalid or finds the special tax to be inapplicable to any particular parcel, then the balance of this ordinance and the application of the special tax to the remaining parcels shall not be affected.
7. This ordinance shall take effect and be in force immediately as a tax measure; and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the District.
PASSED, APPROVED and ADOPTED this 13th day of May, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Bill Hussey, Mayor
City of Grand Terrace
ATTEST:
_________________________________
Daysi Alcocer, City Clerk
City of Grand Terrace
I hereby certify that the foregoing is a true and correct copy of an ordinance, being Ordinance No. XXXX, duly passed and adopted at a meeting of the City Council of the City of Grand Terrace, California, held on May 13, 2025. ___________________________________
Daysi Alcocer, City Clerk
City of Grand Terrace
APPROVED AS TO FORM:
____________________________________
Adrian Guerra, City Attorney
City of Grand Terrace
AGENDA REPORT
MEETING DATE: May 13, 2025
TITLE: Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance Amending Section 8.112.180 (Establishment of A No Fireworks Safety Zone) of Title 8 (Health And Safety) of the Grand Terrace Municipal Code
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Direct the City Attorney to read by title only, waive reading of, and introduce "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING SECTION 8.112.180
(ESTABLISHMENT OF A NO FIREWORKS SAFETY ZONE) OF TITLE 8 (HEALTH AND SAFETY) OF THE GRAND TERRACE MUNICIPAL CODE, WHICH AMENDS THE CITY’S FIREWORKS REGULATIONS"
2030 VISION STATEMENT:
This Staff Report Supports Goal #2: To Maintain Public Safety BACKGROUND:
The City of Grand Terrace (the “City”) has adopted Chapter 8.112 of Title 8 of the Grand Terrace Municipal Code, establishing fireworks rules and regulations. The City is authorized, pursuant to its police power (Cal. Const. Art. 11, § 7), to regulate and control fireworks within its boundaries DISCUSSION:
The City desires to protect the health and safety of its community by reducing the risk of fires and related hazards through the designation of areas where the use of fireworks is prohibited due to high fire risk. The City Council (the “City Council”) of the City wishes to redefine the locations where fireworks may be discharged in order to help protect the health, safety, and general welfare of the residents of the City
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
01247.0001 2002554.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING SECTION 8.112.180
(ESTABLISHMENT OF A NO FIREWORKS SAFETY ZONE) OF TITLE 8 (HEALTH AND SAFETY) OF THE GRAND TERRACE MUNICIPAL
CODE, WHICH AMENDS THE CITY’S FIREWORKS REGULATIONS
WHEREAS, the City of Grand Terrace (the “City”) has adopted Chapter 8.112 of Title 8 of the Grand Terrace Municipal Code establishing fireworks rules and regulations; and
WHEREAS, the City is authorized, pursuant to its police power (Cal. Const. Art. 11, § 7), to regulate and control fireworks within its boundaries; and WHEREAS, the City desires to protect the health and safety of its community by reducing the risk of fires and related hazards through the designation of areas where the use of fireworks is prohibited due to high fire risk; and WHEREAS, California Health and Safety Code section 12541 authorizes counties, cities, and special districts to adopt ordinances or regulations prohibiting or regulating the sale, use, or discharge of fireworks; and
WHEREAS, the City Council (the “City Council”) of the City wishes to redefine the locations where fireworks may be discharged in order to help protect the health, safety, and general welfare of the residents of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated herein by this reference.
SECTION 2. Section 8.112.180 (Establishment of a no fireworks safety zone) of Chapter 8.112 (Fireworks) of Title 8 (Health and Safety) of the Grand Terrace Municipal Code is hereby amended and shall now read in its entirety as follows:
8.112.180 Establishment of a no fireworks safety zone.
It shall be unlawful for any person to discharge fireworks of any type within the “Very High Fire Hazard Severity Zone” on the Local Responsibility Area Fire Hazard Severity Zone map as identified by the State Fire Marshal.
SECTION 3. Except as otherwise amended herein, the remainder of Chapter 8.112 (Fireworks) of Title 8 (Health and Safety) of the Grand Terrace Municipal Code shall remain unchanged and in full effect.
01247.0001 2002554.1
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions off this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this ordinance on behalf of the City of Grand Terrace forthwith upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 26th day of June 2025.
_______________________
Bill Hussey
Mayor
ATTEST:
____________________________
Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney