City of Perris (CIP S160)
Tue 6/9/26
Red Tasks - Critical Item
Green Tasks - Time Sensitive
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APPENDIX D: SUBCONSULTANT
COMMITMENT LETTERS
CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
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APPENDIX D:
SUBCONSULTANT
COMMITMENT
LETTERS
734
CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
53 (949) 477-9000
3200 EL CAMINO REAL, SUITE 290
IRVINE, CA 92602 MARKTHOMAS.COM
June 10, 2026
John Pourkazemi, PE, City Engineer
City of Perris
Engineering Department
24 South D Street, Suite 100
Perris, CA 92570
RE: Commitment Letter – Goetz Road Bridge Replacement Project Over San Jacinto River (CIP S160) Dear Mr. Pourkazemi,
Mark Thomas & Company, Inc. (Mark Thomas) hereby confirms our intent to participate as a subconsultant to Webb Associates for the Goetz Road Bridge Replacement Project Over San Jacinto River (CIP S160) if the prime consultant is awarded the contract.
Our office is located at 3200 El Camino Real Suite 290, Irvine, CA 92602. Our primary contact is Lynn Odgiiv, SE, PE, and can be reached by phone at (773) 837-0511 or by email at [email protected].
Role and Scope of Services
Mark Thomas will support the project with the following services:
» Prepare bridge design documents required for the preliminary engineering and final design services required for the Goetz Road Bridge replacement.
Commitment
We commit to providing qualified personnel, resources, and coordination necessary to support Webb Associates and the City of Perris in successfully delivering this project in accordance with the RFP requirements.
Sincerely,
MARK THOMAS & COMPANY, INC.
Lynn Odgiiv, SE, PE
Structures Lead
735
CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
54 111 Academy Way, Suite 210 ● Irvine, CA 92617 ● Tel: (714) 648-0630 ● Fax: (714) 648-0935 ● www.ecorpconsulting.com May 22, 2026
(P26-293)
Stephanie Standerfer
Albert A. Webb & Associates
3788 McCray Street
Riverside, CA 92506
Via Email: [email protected]
Subject: Letter of Commitment for the City of Perris Goetz Road Bridge Replacement Project, Riverside County, California
Dear Ms. Standerfer:
ECORP Consulting, Inc. (ECORP) is pleased to confirm its commitment to participate as a subconsultant to Albert A. Webb & Associates in response to the City of Perris Goetz Road Bridge Replacement Project (Project) in Riverside County, California.
Founded in 1987 and in business for 39 years with 160 employees, ECORP is a California “S” Corporation that is committed to excellent service and client satisfaction. ECORP is a financially sound firm with six offices serving clients throughout California: Rocklin, Chico, Fresno, Irvine, Redlands, and San Diego. Additionally, ECORP maintains an office in Santa Fe, New Mexico. ECORP is registered with the Department of Industrial Relations (DIR #1000012875) and is a California Small Business for Public Works (SB-PW; #12138).
ECORP is committed to providing qualified personnel to support the project from this RFP. ECORP’s staff has no conflict-of-interest issues as described in the RFP.
I am authorized to represent and bind ECORP to all terms, conditions, and commitments made in this proposal. Please do not hesitate to contact me with questions or for clarification on any matter concerning our submittal.
Sincerely,
ECORP Consulting, Inc.
Donald R. Mitchell
Vice President/Chief Contracting Officer
215 North Fifth Street
Redlands, CA 92374
(909) 304-0046
[email protected]
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CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
55 3550 E. Florida Ave., Suite H
Hemet, CA 92544-4937
O: (951) 766-2000 F: (951) 766-0020
www.appliedearthworks.com
CULTURAL RESOURCE MANAGEMENT | ARCHAEOLOGY | ARCHITECTURAL HISTORY | PALEONTOLOGY | GIS May 28, 2026
Stephanie Standerfer, Vice President
Albert A. Webb Associates
3788 McCray St.
Riverside, CA 92506
Transmitted via email to [email protected] Re: Cultural and Paleontological Resource Services for the Goetz Road Bridge Replacement Project, in the City of Perris, Riverside County, California
Dear Ms. Standerfer,
Applied EarthWorks, Inc. is pleased to join the Webb team for the Goetz Road Bridge Replacement Project. Our firm will be responsible for cultural resource management.
We look forward to working with you on this Project. Please do not hesitate to contact me at 951-766-2000 (ext. 520) if you have questions, concerns, or require additional information.
Best regards,
Andrew DeLeon, M.A.,
Registered Professional Archaeologist 17087
Senior Archaeologist
Applied EarthWorks, Inc.
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CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
56 John A. Boarman, PE
Richard E. Barretto, PE
Keil D. Maberry, PE
KC Yellapu, PE
Dave Roseman, PE
Shankar Ramakrishnan, PE
Daniel A. Kloos, PE
Zawwar Saiyed, MS, PE, RSP
An LG2WB Company Founded 1966
May 26, 2026
Ms. Jaimee Bourgeois, PE | TE
Deputy Director, Traffic & Transportation
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
(951) 830-2127
[email protected]
LLG Reference: P2.26.0180.1
SUBJECT: LETTER OF COMMITMENT FOR THE GOETZ ROAD BRIDGE
REPLACEMENT PROJECT OVER SAN JACINTO RIVER, PERRIS
Dear Ms. Bourgeois,
Linscott, Law & Greenspan, Engineers (LLG) is pleased to confirm its commitment to participate as a subconsultant to Albert A. Webb & Associates in response to the City of Perris Goetz Road Bridge Replacement Project (Project) in Riverside County, California.
Founded in 1966 and in business for 60 years with 65 employees, LLG is a California “S” Corporation that is committed to excellent service and client satisfaction. LLG is a financially sound firm with three offices serving clients throughout California:
Pasadena, Irvine and San Diego. LLG is registered with the Department of Industrial Relations (DIR # 1000054482) and is a California Small Business (#30918).
LLG is committed to providing qualified personnel to support the project from this RFP. LLG staff has no conflict-of-interest issues as described in the RFP.
I am authorized to represent and bind LLG to all terms, conditions, and commitments made in this proposal. Please do not hesitate to contact me with questions or for clarification on any matter concerning our submittal.
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CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
57 May 29, 2026
Albert A. Webb Associates
Attention: Nicholas Lowe, PE, TE, Deputy Director
3788 McCray Street
Riverside, CA 92506
Subject: Letter of Commitment | City of Perris, Goetz Road Bridge Replacement Project over San Jacinto River (Bridge No. 56C-0172)
Dear Mr. Lowe,
Earth Mechanics, Inc. is pleased to join the Albert A. Webb Associates team for the City of Perris Goetz Road Bridge Replacement Project over San Jacinto River (Bridge No. 56C-0172). We are committed to providing geotechnical engineering, geologic, and laboratory testing services to the Webb team.
We appreciate your interest in Earth Mechanics, Inc. and look forward to working with Webb Associates and the City of Perris on this project.
Sincerely,
Earth Mechanics, Inc.
Alahesh Thurairajah
President
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CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
58 4858 Mercury Street Suite 210, San Diego, CA 92111
Phone: 858-278-4503
[email protected]
TRANSMITTAL
To: Jaimee Bourgeois – Deputy Director, Traffic & Transportation – Albert A. Webb Associates FROM: Kenny Perez Jr. – Visual Concepts Lighting, Inc
DATE: 6/5/2026
SUBJECT: Commitment letter – Goetz Road Bridge Replacement Project – Perris, CA.
Jamie,
Visual Concepts Lighting Inc. is pleased to confirm our commitment to provide electrical engineering and lighting design services for the replacement of the Goetz Road Bridge in the City of Perris, Ca.
Since our establishment in 2004, Visual Concepts Lighting, Inc., stands as a leading full-service electrical engineering firm, dedicated to the intricate art of sustainable lighting design. While our capabilities span the entire spectrum of electrical engineering, we have honed our focus and expertise on outdoor lighting, epitomizing a 'Fusion of Light' that transforms spaces – from high-end residential landscapes to picturesque streetscapes and dynamic municipal ball fields.
At Visual Concepts Lighting, our design philosophy is rooted in a seamless journey, guiding clients from lighting concept to construction-ready plans. With a robust foundation of over 30 years of hands-on electrical field experience and a cumulative 45 years of design prowess, we are committed to delivering designs that align with the true intent of our clients. Our approach aims to eliminate costly change orders, ensuring the successful realization of efficient and effective electrical systems.
Ken Perez Sr - President/CEO
Lesly Perez - Vice President/CFO
Kenny Perez Jr -Sr. Project Manager/ COO
740
CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
59 T2 Utility Engineers
5622 Research Dr.
Suite A
Huntington Beach, CA 92649
USA
Phone 714.487.5783
Fax 714.893.1369
Email [email protected]
www.T2ue.com
June 4, 2026
Ms. Jaimee Bourgeois, PE | TE
Deputy Director, Traffic & Transportation
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
(951) 830-2127
[email protected]
Subject: Letter of Commitment - Goetz Road Bridge Replacement Project RFP T2ue Proposal No. 26CA223
Dear Ms. Bourgeois,
T2 UES Inc., dba T2 Utility Engineers (T2ue) is pleased to confirm its commitment to participate as a subconsultant to Albert A. Webb & Associates in response to the City of Perris Goetz Road Bridge Replacement Project RFP.
T2ue is committed to providing qualified personnel to support the project from this RFP. T2ue staff have no conflicts of interest as described in the RFP.
I am authorized to represent and bind T2ue to all Terms and Conditions and commitments made in our proposal. Please do not hesitate to contact me with questions or for clarification on any matter concerning our submittal.
Sincerely,
T2 Utility Engineers, Inc.
Arthur Glen Robison, PE
Branch Manager / Senior Project Manager
741
CITY OF PERRIS
GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN JACINTO RIVER (CIP S160)
60 June 4, 2026
Ms. Jaimee Bourgeois, PE | TE
Deputy Director, Traffic and Transportation
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
(951) 830-2127
[email protected]
SUBJECT: LETTER OF COMMITMENT FOR THE GOETZ ROAD BRIDGE REPLACEMENT PROJECT OVER SAN
JACINTO RIVER, PERRIS
Dear Ms. Bourgeois,
RGI Utility Consultants (RGI) is pleased to confirm its commitment to participate as a subconsultant to Albert A. Webb & Associates in response to the City of Perris Goetz Road Bridge Replacement Project (Project) in Riverside County.
In business for over 40 years, RGI Utility Consultants is a wholly owned subsidiary of Proactive Engineering Consultants, a California S-Corporation, and is committed to excellent service and client satisfaction. RGI is a financially sound firm, offering services throughout California and parts of Nevada.
RGI is committed to providing qualified personnel to support the project from this RFP. RGI has no conflict-of-interest issues as described within the RFP.
I am authorized to represent and bind RGI to all terms, conditions, and commitments made in this proposal. Please do not hesitate to contact me with questions or for clarification on any matter concerning our submittal.
Sincerely,
RGI Utility Consultants
Patricia L. Neely
Principal
Patricia L Neely Digitally signed by Patricia L Neely
DN: C=US, [email protected], O=RGI Utility
Consultants, CN=Patricia L Neely
Reason: I am approving this document
Date: 2026.06.04 12:47:43-07'00'
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CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.N.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Approve a Professional Services Agreement between the City of Perris and Municipal Project Management Services, LLC to provide Engineering project management support services in the amount not to exceed $125,000 for a one (1) year contract term.
REQUESTED ACTION: That the City Council:
• Approve a Professional Services Agreement between the City of Perris and Municipal Project Management Services, LLC to provide project management support services in the amount not to exceed $125,000 per year for a one (1) year contract term; and • Authorize the City Manager to execute the Agreement, approved as to form by City Attorney.
CONTACT: John Pourkazemi, City Engineer
The City of Perris Engineering Department has a need for project management services to implement the City of Perris goals and objectives related to City’s infrastructure improvements and enhancements.
City has numerous infrastructure, pedestrian and traffic improvement projects in the pipeline that require specialized management, coordination and implementation, including budgeting, environmental clearance, design, coordination with respective federal, state and local agencies, departments and districts, rights-of-way procurement and construction management.
On November 18, 2025, City Council approved a Contract Service Agreement between City of Perris and Municipal Project Management Services, LLC for management support services in an amount not to exceed $125,000 for one (1) year.
Since September of 2024, Municipal Project Management Services, LLC has satisfactorily provided management support services for Engineering Department for Capital Improvement Program projects.
The contract amount will be offset by the budgeted Capital Improvement Program funds.
Staff recommends that the City Council 1) Approve a Professional Services Agreement between the City of Perris and Municipal Project Management Services, LLC to provide project management .
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BUDGET (or FISCAL) IMPACT:
support services in the amount not to exceed $125,000 for a one (1) year contract term; and 2) Authorize the City Manager to execute the Agreement, approved as to form by City Attorney.
There is no impact to the General Fund. The cost of the services provided will be attained through the Capital Improvement Program funds.
Prepared By: Enrique Najera, Managers Assistant
Attachments:
1. Professional Services Agreement.pdf
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ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF PERRIS AND
MUNICIPAL PROJECT MANAGEMENT SERVICES, LLC
Project Management Support Services
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) by and between CITY OF PERRIS, a California municipal corporation (“City”) and Municipal Project Management Services, LLC, a California limited liability company (“Consultant”) is effective September 24, 2026. City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. Pursuant to the Perris Municipal Code, City has the authority to enter into and execute this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in 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: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal 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 or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. 746
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City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.
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 against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Additional Services and Compensation. 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 to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Perris Municipal Code (“PMC”), is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in the Contract Sum of up to ten percent (10%) of the Contract Sum or $40,000, whichever is less, may be approved by the City Manager pursuant to Section 9.4. 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 or reasonably contemplated therein. 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.
1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.7 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.8 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 747
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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 Twenty-Five Thousand Dollars ($125,000.00) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.5. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. 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, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. 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. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 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, which shall be no later than September 23, 2027 (“Term”).
3.3 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 748
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incorporated herein by this reference. Such time period(s) may be increased by the Contract Officer, provided that such increases shall not serve to extend the Term.
3.4 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 City in writing of the causes of the delay. City 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 City such delay is justified. City’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 this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Consultant. The representative of Consultant is Sofia Alvarez (Managing Principal/Owner, 951-436-8116, [email protected]), who is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative 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. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 Contract Officer for City. The Contract Officer for City is John Pourkazemi, City Engineer, 951-956-2120, [email protected]) (or such person as may be designated by the City Manager). The Contract Officer shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the City Manager or by their delegate as provided for in writing.
4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under 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 officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any 749
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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. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City. Consultant shall also indemnify, defend, and hold harmless the City against all employment related-claims, including wage claims, and from all applicable federal, state and local tax and insurance obligations (including but not limited to income tax withholding, unemployment taxes, FUTA, SDI, state unemployment insurance, Workers’ Compensation, disability, or other insurance), asserted against or imposed upon the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide services under this Agreement are other than independent contractors of the City.
4.5 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, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees and agents of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to Consultant, City and Consultant may 750
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renegotiate Consultant’s compensation.
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate.
(b) Worker’s Compensation Insurance. Reserved.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. 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. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. 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 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $2,000,000 general aggregate. (e) Cyber Liability. Reserved.
(f) Excess Liability. Reserved.
(g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insured under its policies of insurance required herein; or, 2) Consultant shall furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is 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 751
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warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. (c ) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees and agents (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that 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, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for the above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant’s insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(e) Limitations, Self-Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 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 752
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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. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys’ fees, defense expenses and claims.
5.3 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (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 (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.
Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, 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 indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment 753
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has been entered adjudicating City as solely negligent or responsible for willful misconduct.
Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation. (c) Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
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 (“books and records”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City 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. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents 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 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/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. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant 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.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its 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 City. Consultant, its officers, employees, 754
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agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena.
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 attorneys’ fees, caused by or incurred as a result of Consultant’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately 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; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) 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 Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon thirty (30) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure. 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 755
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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 ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. 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, without liability for interest. 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 by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. 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.
7.4 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 7.3, 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 the City therefor.
7.5 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.
7.6 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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on 756
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City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 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.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND 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 City. 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. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or 757
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give any third party any money or other consideration for obtaining 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.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the Contract Officer at City of Perris, 101 N. “D” Street, Perris, CA 92570, 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, headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument, whether the signatures are originals, electronic, or digital.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.
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 prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, 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 City, provided that City’s approval thereof shall only be valid if made in a manner consistent with the PMC.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid 758
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provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
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) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF PERRIS, a California municipal
corporation
_____________________________________
Clara Miramontes
City Manager
ATTEST:
_____________________________________
Nancy Salazar, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Sunny K. Soltani, City Attorney
[pks;rjl]
CONSULTANT:
Municipal Project Management Services,
LLC, a California limited liability company
By: _________________________________
Name: Sofia Alvarez
Title: Managing Principal/Owner
By: _________________________________
Name:
Title:
Address: 1819 Vuelta Grande
Long Beach, CA 90815
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)
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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EXHIBIT A
SCOPE OF SERVICES
I. Consultant will perform services described in Exhibit A-1 attached hereto.
II. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
III. Consultant shall provide all tools and business/technological equipment required to perform the services.
IV. During performance of the Services, Consultant will keep City informed of the status of performance by delivering status reports as may be required from time to time by the City.
V. Consultant warrants that its considers all personnel who will perform services to the City pursuant to this Agreement its employees (i.e. issues a W-2 to such individuals) and that Consultant shall be responsible for the payment of all applicable tax and insurance obligations required by federal and state law.
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EXHIBIT A-1
Consultant will perform capital improvement project consulting services as set forth below on an as-needed basis, subject to authorization to proceed by the Contract Officer:
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Task No. Capital Improvement Program Project Description Estimated Duration / Completion Date
Task 1 Perris Valley Storm Drain Channel, Phase 2 (CIP P040) Advise on federally funded construction funding reporting requirements; prepare construction reimbursement request documentation for submission to Caltrans; secure permitting agencies environmental permits; and support construction management services for Segment 2.
Ongoing during Agreement
term through December
2027.
Task 2 Western Way Widening (CIP S126)
Provide project management support for the design and right of way phases.
Ongoing during Agreement
term through December
2027.
Task 3 Ethanac Road Bridge over the San Jacinto River (CIP S139) Prepare periodic grant funding reimbursements for RCTC and WRCOG, per executed funding agreements.
Ongoing during Agreement
term through April 2027.
Task 4 I-215 at Ellis Overcrossing (CIP S141)
Provide consultation on project CEQA and NEPA compliance. Ongoing during Agreement term through April 2027.
Task 5 Perris Railway Museum Track Extension (CIP S148) Implement State Grant Funding requirements in coordination with RCTC and Metrolink.
Ongoing during Agreement
term through August 2028.
Task 6 I-215/Harley Knox Interchange Improvements (CIP S095) Assist with Project Management Services for the I-215/Harley Knox IC Improvements (CIP S095), Environmental, Design, and Right of Way Service Contracts.
Ongoing during Agreement
term through September
2028.
Task 7 Citywide Pavement Improvements (CIP S157) & PW Corporate Yard Support Project Management Services for the construction of the Citywide Pavement Improvements and PW Corporate Yard Expansion and Improvements to existing PW Corporate Yard.
Ongoing during Agreement
term through July 2027.
Task 8 Traffic Signal and Road Safety Improvements along Priority Corridors (CIP T-032)
Provide grant funding services during construction implementation of the Traffic Signal and Road Safety Improvements along Priority Corridors, including progress billing and reporting to Caltrans under the State Highway Safety Improvement Program Guidelines.
Ongoing during Agreement
term through December
2026.
Task 9 Perris High School Mid-Block Traffic Signal Improvements (CIP T033)
Support Project Management Services for the advertisement, award, and construction implementation of the Perris High School Mid-Block Traffic Signal Improvements, including project cost recovery from Perris High School per executed MOU.
Ongoing during Agreement
term through December
2027.
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Task 10 Traffic Signal Installations at Evans Rd. & Whispering Wood Lane, and at Placentia Avenue (Fire Station 90), CIP T036 and T037 Support Project Management Services during the construction of the Traffic Signal Installation at Evans Rd. & Whispering Wood Ln., and at Placentia Ave. (Fire Station 90).
Ongoing during Agreement
term through December
2027.
Task 11 Redlands Ave., Citrus Ave., and Mildred Ave. and Ruby Dr.
Neighborhood Connectivity (CIP S159)
Support Project Management Services during the construction of Redlands Ave., Citrus Ave., and Mildred Ave. and Ruby Dr. Crossing Improvements, including CDBG reimbursements, and reporting.
Ongoing during Agreement
term through April 2027.
Task 12 Preparation and submittal of grant funding applications Identify grant funding opportunities for City’s Capital Improvement Program implementation.
Ongoing during Agreement
term through September
2028.
Task 13
Preparation of Measure A Five-Year Capital Improvement Plan Annual Submittals, and periodic Five-Year Amendment request to the Riverside County Transportation Commission
Ongoing during Agreement
term through June 2028.
Task 14 Prepare City’s annual ADA and other Caltrans required documentation for grant funding eligibility
Ongoing during Agreement
term through June 2028.
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EXHIBIT B
SPECIAL REQUIREMENTS
[N/A]
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EXHIBIT C
SCHEDULE OF COMPENSATION
In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a valid written invoice provided by Consultant, as described in Section 2.2, no more than monthly on a time and materials basis. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours). Consultant’s hourly billing rate shall be $130/hr.
The total compensation for the Services shall not exceed the Contract Sum, as provided in Section
2.1 of this Agreement. Consultant will not be reimbursed for travel time, mileage, or expenses. 766
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EXHIBIT D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform services pursuant to the schedule set forth in Exhibit A-1.
767
CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.O.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Approve the third, one (1) year extension through Amendment No.1 to First Amended and Restated Agreement for Professional Services between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants, to continue to provide General Engineering Inspection Services in a total not to exceed amount of $900,000.00 for a one (1) year contract term.
REQUESTED ACTION:
That the City Council:
Approve the third, one (1) year extension through Amendment No.1 to First Amended and Restated Agreement for Professional Services between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants, to continue to provide General Engineering Inspection Services in a total not to exceed amount of $900,000.00 for a one (1) year contract term; and
Authorize the City Manager to execute the Agreement, approved as to form by City Attorney.
CONTACT: John Pourkazemi, City Engineer
Engineering Department continues to have a need for engineering inspection support services to assist with the City’s engineering missions, needs and operation and to adequately and efficiently handle the number of projects and services to complete its tasks and duties.
Anticipation that the workflow for engineering inspection services continues to fluctuate from season to season and year to year, it is determined that a consultant contracted on an on-call basis would provide the optimal staff augmentation arrangement, both in terms of flexibility and time.
On September 26, 2023, City Council approved a Contract Services Agreement between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants, for General Engineering Inspection Services in an amount not to exceed $400,000.00 for one (1) year with three (3) one (1) year extensions thereafter as needed and negotiated. On September 25, 2024 City Council approved the first one (1) year .
768
BUDGET (or FISCAL) IMPACT:
extension of the Contract Services Agreement between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants in an amount not to exceed $700,000.00; and on September 30, 2025 City Council approved the second one (1) year extension of the Contract Services Agreement between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants in an amount not to exceed $900,000.00.
This request is for the third one (1) year extension in an amount not to exceed $900,000.00. There is no rate change for this third one (1) year extension.
Since award of the contract in September of 2023, Left Coast Consultants, Inc., DBA Golden State Consultants, has satisfactorily provided engineering inspection services for Engineering Department for Land Development and Capital Improvement Program projects. City of Perris is now entering the third year of the contract term, and the Engineering Department requests extending the contract with Left Coast Consultants, Inc., DBA Golden State Consultants. Currently, Left Coast Consultants, Inc., DBA Golden State Consultants, per the City’s request, Consultant is to provide four (4) full-time inspectors when continuing to provide the services.
City will be looking into hiring one (1) in house Engineering Inspectors.
The contract amount will be offset by the development generated revenue and budgeted Capital Improvement Program funds.
Staff recommends that the City Council 1) Approve the third, one (1) year extension through Amendment No.1 to First Amended and Restated Agreement for Professional Services between City of Perris and Left Coast Consultants, Inc., DBA Golden State Consultants, to continue to provide General Engineering Inspection Services in a total not to exceed amount of $900,000.00 for a one (1) year contract term; and 2) Authorize the City Manager to execute the Agreement, approved as to form by City Attorney.
There is no impact to the General Fund. The cost of the engineering inspection services will be attained through land development project fees and Capital Improvement Program funds.
Prepared By: Enrique Najera, Managers Assistant
Attachments:
1. Professional Services Agreement.pdf
2. Previous Professional Services Agreement.pdf
769
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
770
01006.0006 2191666.3 -1-
AMENDMENT NO. 1
TO FIRST AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF PERRIS AND LEFT COAST CONSULTANTS, INC.,
DBA GOLDEN STATE CONSULTANTS
THIS AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED
AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) is made and entered into this ___ day of September, 2026, by and between CITY OF PERRIS, a California municipal corporation (“City”) and LEFT COAST CONSULTANTS, INC., a California corporation, DBA GOLDEN STATE CONSULTANTS (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City and Consultant previously entered into that certain Contract Services Agreement for performance of on call general engineering services dated September 26, 2023, for a total not-to-exceed Contract Sum of $400,000.00 and with a Term of one (1) year with three optional one-year extension periods (the “Original Agreement”).
B. City and Consultant entered into a subsequent Agreement for Professional Services dated September 25, 2024 to continue performance of the services that began under the Original Agreement with the intent to amend the Original Agreement to exercise the first optional extension period and to extend the Term by one (1) year to September 25, 2025, and increase the total notto-exceed Contract Sum by $300,000.00 for a new total Contract Sum of $700,000.00 (the “Second Agreement”).
C. City and Consultant then executed the First Amended and Restated Agreement for Professional Services to consolidate the Original Agreement and Second Agreement and extend the Term of the Original Agreement by one (1) year to September 25, 2026, and increase the total not-to-exceed Contract Sum by $200,000 to a new total Contract Sum of $900,000 and to allow Consultant to continue performing the services (the “Agreement”).
D. City and Consultant now desire to amend the Agreement to exercise its third and final optional extension period for an additional one (1) year to September 25, 2027 to allow Consultant to continue performing the services.
TERMS
1. Incorporation of Recitals. The Recitals set forth above are incorporated into and are a part of this Amendment No. 1.
2. Terms and Definitions. All words, terms, and phrases used or referenced in this Amendment No. 1, not expressly defined in this Amendment No. 1, shall have the same meaning ascribed to them in the Agreement.
3. Contract Changes. The Agreement is amended as provided herein (new text in bold italics and deleted text in strikethrough):
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01006.0006 2191666.3 -2-
A. Section 3.2 (Term) of the Agreement is hereby amended to read in its entirety as follows:
“3.2 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, which shall be no later than September 25, 20276 (“second third one-year extension term of Original Agreement dated September 26, 2023”). The Parties may agree in writing to extend the Term by one remaining additional one (1) one year period, based on the terms of the Original Agreement dated September 26, 2023, provided that any adjustment to the rates in Exhibit “C” shall be subject to written agreement by the Parties.
The City Manager is authorized to approve and execute, on the City’s behalf, any such extension and increase in such rates. Notwithstanding the foregoing, the Term shall not be extended as provided herein unless the Parties agree in writing to either adjust the rates in Exhibit “C” as provided herein or to leave such rates unchanged.”
4. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
5. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
6. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
7. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
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01006.0006 2191666.3 -3-
8. Counterparts. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, or digital. All such counterparts shall together constitute but one and the same Amendment No. 1.
[SIGNATURES ON FOLLOWING PAGE]
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01006.0006 2191666.3 -4-
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date and year first-above written.
CITY:
CITY OF PERRIS, a California municipal
corporation
_____________________________________
Clara Miramontes
City Manager
ATTEST:
_____________________________________
Nancy Salazar, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Sunny K Soltani, City Attorney
[pks; rjl]
CONSULTANT:
LEFT COAST CONSULTANTS, a California
Corporation, DBA GOLDEN STATE
CONSULTANTS
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President, or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer, or any Assistant Treasurer. (Cal. Corp. Code § 313.)
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.
774
ATTACHMENT 2
PREVIOUS PROFESSIONAL SERVICES AGREEMENT
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CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.P.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Approve IDI Logistics Request to Extend the Full Road Closure of Ellis Avenue between Case Road and Goetz Road to December 16, 2026.
REQUESTED ACTION: Approve IDI Logistics Request to Extend the Full Road Closure of Ellis Avenue between Case Road and Goetz Road to December 16, 2026.
CONTACT: John Pourkazemi, City Engineer
At the request of IDI Logistics, this item was continued from September 8, 2026 in order to establish a confirmed schedule from IDI Logistics on completion of the improvements on Ellis Avenue, between Case Road and Goetz Road, and at the Metrolink railroad crossing at the intersection of Ellis Avenue and Case Road.
The improvements required coordination with Southern California Edison (SCE), Southern California Railroad Authority (SCRRA) and California Public Utility Commission (CPUC).
Pursuant to a letter issued by Mayor Vargas to SCE, articulating and emphasizing the public safety aspect of the road closure and the significance of having the roadway, in particular the intersection of Ellis Avenue/Case Road, open to traffic, SCE provided an accelerated schedule. Mayor Vargas’ letter is attached to this staff report for reference.
SCE did start the electrical work on September 16, 2026 and their work is scheduled to be completed by October 10, 2026. And in coordination with SCRRA and CPUC, IDI Logistics submitted a schedule with all work to be completed by December 16, 2026.
Should the City Council approve extending the road closure with the current schedule, the Engineering Department will extend the encroachment permit to December 16, 2026.
IDI Logistics is the developer of the industrial project located at the southwest corner of Mapes Road and Goetz Road – MM 22-05265 (DPR 08-04-0006) – TPM 38518. This development was approved by City Council on January 30, 2024. As part the development’s Conditions of Approval, the Developer is required to construct and widen Ellis Avenue between Redlands Avenue and Goetz Road; including the .
798
BUDGET (or FISCAL) IMPACT:
intersection improvements at Ellis Avenue and Case Road.
There is no impact to the General Fund.
Prepared By: Enrique Najera, Managers Assistant
Attachments:
1. Vicinity Map.pdf
2. Mayor Vargas's Letter.pdf
3. IDI Logistics Letter and Schedule.pdf
799
ATTACHMENT 1
VICINITY MAP
800
E 7TH STREET
E ELLIS AVENUE
S REDLANDS AVENUE
S G STREET
GOETZ ROAD
LEGEND
Closed Roadway
Open Roadway
N
E ELLIS AVENUE
801
ATTACHMENT 2
MAYOR VARGAS’ LETTER TO SCE
802
803
804
ATTACHMENT 3
IDI Logistics Letter and Schedule
805
September 23, 2026
John Pourkazemi
City Engineer
101 N D St.
Perris, CA 92570
Subject: Case Road & Ellis Road – Intersection Closure
Dear Mr. Pourkazemi,
IDI Logistics appreciates the City’s assistance in expediting the start of SCE’s utility installation across the Case Road and Ellis Road intersection. Based on SCE’s current schedule and coordination with other trade partners, we expect construction to be completed by December 16, 2026. We will continue working with the City of Perris to coordinate the remaining inspections and approvals from SCE, SCRRA, and CPUC and support the timely reopening of the intersection.
Sincerely,
Brian Caris, IDI Logistics
Vice President, Head of West Region Construction
840 Apollo Street, Suite 343
El Segundo, CA 90245
C 760.567.0266
[email protected]
806
WBS Task Name Duration %Done Start Finish
3 SCE Relocations 253 days 88% 10/22/25 10/9/26
3.9 SCE - Pull Main Conductor 3 days 33% 9/17/26 9/21/26
3.10 SCE - Metrolink Training (Pending RailPros Confirmation) 2 days 0% 9/22/26 9/23/26
3.11 SCE - Review/Approve Switch-Over Plan 5 days 0% 9/24/26 9/30/26
3.12 SCE - Transfer Services (Pending SCE Confirmation) 2 days 0% 10/1/26 10/2/26
3.13 SCE - Remove Existing Facilities (Pending RailPros Confirmation) 5 days 0% 10/5/26 10/9/26 4 Frontier Relocations 247 days 90% 10/22/25 10/1/26
4.1 Frontier - Obtain SCRRA ROE Permit 40 days 88% 10/22/25 9/24/26
4.5 Frontier - Shedule Removal Crews 4 days 0% 9/25/26 9/30/26
4.6 Frontier - Remove Existing Frontier Infrastructure 1 day 0% 10/1/26 10/1/26 5 Signal Work (Rail & Traffic) 152 days 86% 3/9/26 10/6/26
5.11 SCRRA - Switch to the New Electric Meter 1 day 0% 10/5/26 10/5/26
5.12 MSL - Switch to the New Electric Meter 2 days 0% 10/5/26 10/6/26 6 Open Intersection to Public 221 days 8% 2/11/26 12/16/26
6.1 All Existing Uilities Removed 1 day 0% 10/12/26 10/12/26
6.3 SCRRA - Activate in PTC (tentatively rescheduled for 10/16) 4 days 0% 10/13/26 10/16/26
6.4 Alabbasi - Finish Concrete Pavement 4 days 0% 10/13/26 10/16/26
6.5 DRS/Alabbasi - Pave Area Adjacent to Tracks/Ramps 3 days 0% 10/19/26 10/21/26
6.6 Alabbasi - Complete Pedestrian Crossing 10 days 30% 7/27/26 9/28/26
6.7 Alabbasi - Signing and Striping 1 day 0% 10/22/26 10/22/26
6.8 City - Submit CPUC Form G 5 days 0% 10/23/26 10/29/26
6.9 CPUC - Inspection of Completed Improvements 1 mon 0% 10/30/26 11/30/26
6.10 Potential Early Intersection Opening 1 day 0% 12/1/26 12/1/26
6.11 Intersection Opening 1 day 0% 12/16/26 12/16/26
SCE
SCE
SCE
SCE
SCE
Frontier
Frontier
Frontier
SCRRA
MSL
SCE/Frontier
SCRRA
Alabbasi
DRS
Alabbasi
Alabbasi
City
CPUC
6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20
Sep '26 Oct '26 Nov '26 Dec '26
Non-Critical Task Critical Task Milestone Agency Notification Schedule to Complete E. Ellis Avenue Grade Crossing at Ellis & Case - Summary of Remaining Tasks Data Date: 9/17/26 807
CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.Q.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Approve an Employee Travel Policy Including on a Per Diem Basis for Meals.
REQUESTED ACTION: Approve the Employee Travel Policy.
CONTACT: Ernie Reyna, Assistant City Manager
On August 26, 2025, the City Council adopted a revised City Council Travel Policy that shifted meal reimbursement for City Council Members to a per diem basis, using the meals and incidental expenses (M&IE) rates published on the U.S. General Services Administration (GSA) website.
Staff have since prepared an Employee Travel and Expense Reimbursement Policy (Attachment 1) that applies a similar per diem approach to City employees traveling on official City business. The policy applies to all City of Perris employees; travel and expense reimbursement for City Council Members and members of City Council-created Boards or Commissions continues to be governed separately under the City Council and Elected Officials Travel Policy. The policy is intended to establish an “accountable plan” for expense reimbursement consistent with Internal Revenue Service regulations, so that properly substantiated reimbursements are not treated as taxable income to the employee.
Consistent with the revised City Council Travel Policy approved in August 2025, meals for City employees would be reimbursed on a per diem basis, without receipts, using the M&IE rates published on the GSA website at https://www.gsa.gov/travel/plan-book/per-diem-rates (or a successor link created by the GSA intended to contain substantially the same information). The first and last calendar day of travel would be paid at 75% of the daily per diem rate, and the per diem otherwise payable would be reduced when a meal is provided to the employee at no direct cost.
Section 5.1 of the proposed policy addresses deductions for provided or employee-paid meals, consistent with the approach discussed during the Council’s review of the parallel Council Travel Policy. Under this section, when a meal is provided to an employee at no direct cost—such as through a conference or seminar registration, a hotel or event sponsor, or payment by the City—the per diem for that day would be reduced by the amount allocated to that meal under the GSA’s M&IE breakdown. A continental breakfast, reception with light hors d’oeuvres, or similar refreshment that does not .
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BUDGET (or FISCAL) IMPACT:
constitute a full meal would not result in a reduction. Employees would notify the Finance Department of any provided or employee-paid meals so the per diem payment can be adjusted accordingly, helping avoid duplicate reimbursement.
Staff also reviewed how neighboring cities and other agencies reimburse employees for meals and travel (Attachment 2). Of the agencies surveyed with a confirmed employee policy, the majority — including the State of California, Moreno Valley, Murrieta, and Banning — use a flat daily meal amount tied to a published federal or GSA rate table, consistent with the approach proposed in the attached policy. A smaller number of cities, including Corona and Eastvale, require receipts for meal expenses at actual cost rather than using a flat per diem amount.
It is recommended that the City Council approve the Employee Travel and Expense Reimbursement Policy.
No direct impact to the General Fund is anticipated as a result of adopting this policy. Travel-related expenditure continues to be budgeted within each department's existing operating budget, and actual reimbursement costs will vary based on approved employee's travel.
Prepared By: Ernie Reyna, Assistant City Manager
Attachments:
1. Employee Travel Policy.pdf
2. Neighboring Cities Comparison.pdf
3. GSA Website.pdf
809
ATTACHMENT 1
EMPLOYEE TRAVEL POLICY
810
City of Perris
Administrative Policy
POLICY: EMPLOYEE TRAVEL AND EXPENSE REIMBURSEMENT POLICY ADOPTED: [Pending City Council Approval] REVISED: N/A
APPLICABILITY
This policy applies to all City of Perris employees. It does not apply to members of the City Council or of any Board or Commission created by act of the City Council; travel and expense reimbursement for those individuals is governed by the City Council and Elected Officials Travel Policy.
FINDINGS
Whereas, the City of Perris takes its stewardship over the use of its public resources seriously.
Whereas, public resources should only be used when there is a substantial benefit to the City of Perris.
Whereas, such benefits include:
1. Attending educational seminars, conferences, and training designed to improve an employee's skill and information level in the performance of their duties;
2. Participating in regional, state, and national organizations whose activities affect the City of Perris;
3. Representing the City at meetings, hearings, and other functions related to City business; and
4. Conducting City business efficiently and economically while away from the employee's regular workplace.
Whereas, this policy is intended to establish an “accountable plan” for expense reimbursement consistent with Internal Revenue Service regulations, so that properly substantiated reimbursements are not treated as taxable income to the employee.
1. Authorized Expenses
Authorized attendance at conferences, meetings, trainings, or seminars, or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays in connection with official City business in order to:
a. Communicate with representatives of regional, state, and national government on City-adopted policy positions.
b. Attend training schools, seminars, symposia, conferences, hearings, conventions, or other meetings related to the employee's job duties.
c. Participate in local, regional, state, and national organizations whose activities affect the City's interests. d. Represent the City at meetings, ceremonial events, or legal proceedings. e. Attend City events.
f. Other meetings or activities as required to further the City's interests, when approved in advance as set forth in Section 2 below.
Examples of personal expenses that the City of Perris will not reimburse include, but are not limited to:
811
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Alcoholic beverages;
4. Family expenses, including a spouse or partner's expenses when accompanying an employee on Cityrelated business, as well as children- or pet-related expenses;
5. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage, and/or golf-related expenses), or other cultural events;
6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline; and
7. Personal losses incurred while on City of Perris business.
2. Approval and Authorization
2.1. Employees must obtain approval from their Department Head prior to incurring any travel expenses.
2.2. Overnight travel requires advance approval by the employee's Department Head. Overnight travel by a Department Head requires approval by the City Manager or designee.
2.3. Out-of-state or international travel, and any trip with expenses reasonably anticipated to exceed $1,000, requires advance approval by the City Manager or designee.
2.4. Employees may not authorize reimbursement of their own expenses.
3. Transportation
The most economical mode and class of transportation reasonably consistent with safety, scheduling needs, and cargo space requirements, and other applicable considerations, must be used, via the most direct and timeefficient route. Government and group rates must be used when available and appropriate.
3.1. Airfare: The lowest reasonably available main cabin airfare rate, or equivalent thereto, is presumed to be the most economical and reasonable for purposes of reimbursement, except when other considerations (safety, accessibility, etc.) reasonably justify other arrangements.
3.2. Automobile: Personal automobile mileage is reimbursed at Internal Revenue Service rates presently in effect, calculated from the employee's regular workplace to the business destination, or from the employee's residence if the employee travels directly from home, whichever results in the lesser mileage. Mileage reimbursement does not include parking or bridge and road tolls, which may also be reimbursable. Valet parking is reimbursable if the rates are reasonably comparable to self-parking, or if self-parking is not available.
3.3. Car Rental: Car rentals, and fuel related thereto, may be reimbursable when other means of ground transportation are not reasonably available, or if the car rental rate is more economical than other means of ground transportation (e.g., two or more employees are sharing a car rental).
3.4. Other Reimbursable Transportation Expense: Taxis, shuttle, transit, hired vehicle, tolls, and app-based ride share fares may be reimbursed, including up to a 20 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rental, gasoline, and parking combined, or when such transportation is reasonable for time/travel-efficiency.
4. Lodging
Lodging expenses will be reimbursed or paid for, at the single-occupancy rate, when travel on official City business reasonably requires an overnight stay.
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4.1. Conferences/Meetings: If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting, if such rates are available at the time of booking. If the group rate is not available, lodging accommodation comparable to the lodging provided in connection with the conference, which does not substantially increase costs or interfere with an employee's duties, is presumed to be reasonable and hence reimbursable for purposes of this policy.
4.2. Other Lodging: Hotel reservations should be made in advance in order to secure government rates. If government rates are not available, lodging accommodation (including hotels, motels, residence rental, etc.) in an area that is safe and provides reasonable transportation access to conduct the City's business is presumed to be reasonable and hence reimbursable for purposes of this policy.
5. Meals
Meal expenses shall be paid on a per diem basis, without receipts, either in advance or after the trip, based on per diem rates found on the U.S. General Services Administration's website at https://www.gsa.gov/travel/planbook/per-diem-rates (or a successor link created by the GSA intended to contain substantially the same information). Per diem for the first and last calendar day of travel shall be paid at 75% of the daily per diem rate.
Per diem is provided to cover meals and incidentals. Incidentals include fees and tips given to porters, baggage carriers, and hotel staff. Per diem rates are set at the levels prescribed by the United States Government and rates vary by destination city.
5.1. Deduction for Provided or Employee-Paid Meals: If a meal is provided to an employee at no direct cost — including a meal included in a conference or seminar registration fee, a complimentary meal provided by a hotel or event sponsor, or a meal paid for by the City on the employee's behalf — the per diem otherwise payable for that day shall be reduced by the amount allocated to that meal under the GSA's Meals and Incidental Expenses (M&IE) breakdown for the applicable per diem locality. A continental breakfast, reception with light hors d'oeuvres, or similar refreshment that does not constitute a full meal shall not result in a reduction. Employees shall promptly notify the Finance Department of any provided or employee-paid meals so that the per diem payment may be adjusted accordingly.
5.2. Meals Not Associated with Overnight Travel: For day trips not requiring an overnight stay, per diem is not provided. Meals are reimbursed only when the meal is an integral, scheduled part of a conference, training, or meeting program (for example, a working lunch), and are not reimbursed if the employee could reasonably provide his or her own meal in the ordinary course of the workday.
6. Internet
Employees may be reimbursed for reasonable internet access connection and/or usage fees away from home, if such access is necessary for City-related business.
7. Airport Parking
The most economical and reasonable parking option should generally be used. Long-term parking should be used for travel exceeding 24 hours, except when other considerations (safety, accessibility, etc.) reasonably justify other parking arrangements.
8. Expense Reporting
8.1. Employees must submit a completed expense report, with all required receipts attached, within ten (10) working days of returning from travel.
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8.2. Receipts are not required for per diem meal reimbursement. Original, itemized receipts are required for all other reimbursable expenses, including lodging, transportation, registration fees, and any advance reconciliation.
8.3. No reimbursement will be made for an expense that is not properly documented in accordance with this policy.
9. Other
9.1. Registration fees and applicable materials related to, for example, attendance at a conference, if paid directly by the employee, are reimbursable.
9.2. Tipping is considered an appropriate expense, not to exceed 20 percent; the amount must be reasonable and for appropriate services such as food servers, taxi, or rideshare, or other appropriate attendants. Per diem for incidentals includes fees and tips given to porters, baggage carriers, and hotel staff.
9.3. Baggage handling fees for up to one piece of luggage per employee will be reimbursed.
COMPLIANCE WITH LAWS
Employees should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. Generally, agency expenditures are public records subject to disclosure under the California Public Records Act.
VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (1) loss of reimbursement privileges; (2) a demand for restitution to the City; (3) the City's reporting the expenses as income to the employee to state and federal tax authorities; (4) disciplinary action, up to and including termination of employment; (5) civil penalties of up to $1,000 per day and three times the value of the resources used; and (6) prosecution for misuse of public resources. 814
ATTACHMENT 2
NEIGHBORING CITIES COMPARISON
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City / Agency How It Works Typical Daily Meal Amount Receipts Needed? Policy Last Updated
Federal Government (GSA) Flat daily amount, no receipts needed for meals ~$68/day (varies by city) No (meals) / Yes (hotel) 2026 State of California Flat daily amount, no receipts needed for meals $68/day ($51 first & last day) No (meals) / Yes (hotel) 2026 Moreno Valley Flat daily amount for meals; receipts for everything else Set by federal rate table No (meals) / Yes (other costs) 2026 Riverside Employee's choice: flat daily amount OR actual receipted cost
$64/day (or up to $85 w/
receipts)
No (if flat amount) / Yes (if
receipted) 2018
Norco Employee's choice: flat daily amount OR actual
receipted cost $64–$74/day (varies by city) No (if flat amount) / Yes (if receipted) 2017 Murrieta Flat daily amount for overnight trips only; receipts for day trips Set by federal rate table No (overnight) / Yes (day trips) 2019 Banning Flat daily amount for meals; receipts for
everything else Set by federal rate table No (meals) / Yes (other costs) 2020 Hemet Cash advance for meals, reconciled with receipts
after the trip
$70/day (big city) or $50/day
(other) Yes (to reconcile advance) Not dated
Corona Actual cost only, no flat daily amount Not published Yes (all expenses) Not dated Eastvale Actual cost only, capped at a flat daily ceiling $60/day maximum (all meals combined) Yes (all expenses) 2014
Canyon Lake
Employee's choice: flat daily amount OR actual
receipted cost (per diem NOT available to elected
officials)
Set by federal rate table No (if flat amount) / Yes (if receipted) 2024
Menifee, Lake Elsinore,
Temecula, San Jacinto,
Beaumont, and Wildomar
Not located — — —
Key: Blue = national/state benchmark Green = confirmed city policy Orange = not located A quick-reference comparison for Perris City Council — employee policies only How Nearby Cities Handle Employee Meal & Travel Reimbursement Three things worth knowing:
2. A few cities (Corona, Eastvale) require a receipt for every meal instead of a flat daily amount — generally more paperwork for staff, but ties reimbursement to actual cost.
1. Most cities give employees a flat daily meal amount (no receipts needed) tied to the federal government's published rate — this is the most common approach. 816
City / Agency Reimbursement Approach Daily Rate / Cap First & Last Day Rule Receipts Required? Source & Date GSA Federal Per
Diem (benchmark) Flat daily meal amount, no receipts required ~$68/day; varies by destination city 75% of daily rate on first & last day No (meals) / Yes (lodging) GSA.gov, 2026 State of California
(CalHR) Flat daily meal amount, no receipts required $68/day; $51/day first & last day 75% of daily rate on first & last day No (meals) / Yes (lodging) CalHR Manual §2203, 2026 Moreno Valley Flat daily meal amount (no receipts); all other costs reimbursed with receipts
Federal rate table for
destination city
Tiered by hours traveled: 50% (<12 hrs),
75% (12–24 hrs), 100% full days / 75%
first & last day
No (meals) / Yes
(everything else)
AP #3.03, revised June
2026
Riverside Employee's choice: flat daily meal amount OR
actual cost with receipts (can't mix on one trip)
$64/day flat, or up to $85/day
if receipted Reduced for partial days (no fixed %) No (if flat) / Yes (if receipted, or lodging) Policy 04.001.00, last
updated 2018
Norco Employee's choice: flat daily meal amount OR
actual cost with receipts
$64–$74/day depending on
destination city 75% of daily rate on first & last day No (if flat) / Yes (if receipted, or lodging) Policy 303, revised 2017 Murrieta
Flat daily meal amount for overnight trips only (24+
hrs); day trips reimbursed with receipts, capped at
the flat amount
Federal rate table for
destination city Follows federal partial-day rules No (overnight) / Yes (day trips, lodging) Policy 100.01, amended
2019
Banning Flat daily meal amount; all other costs reimbursed with receipts
Federal rate table for
destination city
Time-based: breakfast if leaving 1+ hr
early, dinner if returning 2+ hrs late (no %
formula)
No (meals) / Yes
(everything else) Policy E-3, adopted 2020
Hemet Cash advance for meals based on destination type, reconciled with receipts after the trip
$70/day (major metro/resort
cities) or $50/day (all other
areas)
Reduced for partial days (no fixed %) Yes (to reconcile the advance)
Personnel Rules Art.
XXIV; date not shown
Corona Actual cost only — no flat daily amount; capped at the lesser of actual cost or IRS rate
Not published in documents
reviewed Not specified in documents reviewed Yes (all expenses) Policy 01200.001; date not shown Eastvale Actual cost only, capped at a flat daily ceiling (not tied to federal rates)
$60/day maximum, all meals
combined Reduced for partial days (no fixed %) Yes (all expenses) Policies A-04 & A-05, 2011 / 2014 Canyon Lake
Employee's choice: flat per diem (federal rate
method) OR actual cost with receipts for meals
$20+. Per diem is NOT available to elected officials
— they must use actual cost only
Per diem based on IRS
federal rate method (high-low
or regular); no set dollar table
in document provided
Not specified in document provided
No (if per diem) / Yes
(actual-cost meals $20+,
and all other expenses)
Resolution No. 2024-21,
adopted June 2024
Menifee Not yet located Not yet located Not yet located Not yet located Not yet located Lake Elsinore Not yet located Not yet located Not yet located Not yet located Not yet located Temecula Not yet located Not yet located Not yet located Not yet located Not yet located San Jacinto Not yet located Not yet located Not yet located Not yet located Not yet located Beaumont Not yet located Not yet located Not yet located Not yet located Not yet located Wildomar (only an
elected-official
policy was located)
Not yet located Not yet located Not yet located Not yet located Not yet located Detailed Policy Comparison — Employee Policies Only
817
ATTACHMENT 3
GSA WEBSITE
818
U.S. General Services
Administration
An official website of the United States government
Per diem rates
We establish the per diem rates that federal agencies use to reimburse their employees for lodging and meals and incidental expenses incurred while on official travel within the continental United States. A standard rate applies to most of CONUS.
Individual rates apply to about 300 non-standard areas. Most NSAs are a key city/primary destination and the surrounding county.
Rates for the coming federal government fiscal year are typically announced in mid-August. Search the rates below or refer to the flat files, API , or trip calculator.
Search by city, state, or ZIP code
Required fields are marked with an asterisk ( * ).
For fiscal year: *
2026 (Current federal fiscal year)
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For fiscal year:
FY 2027 per diem rates now available
The FY 2027 rates are not the default rate in the drop-down box until October 1, 2026.
OR
9/17/26, 3:46 PM Per diem rates | GSA
https://www.gsa.gov/travel/plan-book/per-diem-rates 1/3 819
City Pair Program
Our Best-in-Class program procures discounted, flexible air passenger transportation services for federal government travelers across over 17,000 markets. It offers benefits like fully refundable tickets, no change fees, stable pricing, and no blackout dates, ensuring efficient and cost-effective official travel.
Bulletins
Download bulletins on per diem rates, privately owned vehicle reimbursement, relocation allowances and other travel topics. 2026 (Current federal fiscal year)
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Visit the DOD site >
Visit the Department of State site >
The Department of
State sets foreign rates.
The Department of Defense sets rates for
Alaska, Hawaii, and U.S. territories and possessions.
FL
TX
NM
AZ
AK
CA
NV
UT
CO
OR
WA
ID
HI
OK
MT
WY
ND
SD
NE
KS
MN
IA
MO
AR
LA
MS
AL
GA
SC
IL
WI
MI
IN
OH
TN
KY
NC
WV
VA
PA
NY
ME
VT NH
RI
CT
NJ
DE
MD
MA
DC
Visit the DOD site >
Visit the Department of State site >
The Department of
State sets foreign rates.
The Department of Defense sets rates for
Alaska, Hawaii, and U.S. territories and possessions.
9/17/26, 3:46 PM Per diem rates | GSA
https://www.gsa.gov/travel/plan-book/per-diem-rates 2/3 820
Need a state tax exemption form?
Per OMB Circular A-123, federal travelers “…must provide a tax exemption certificate to lodging vendors, when applicable, to exclude state and local taxes from their hotel bills.” GSA’s SmartPay team maintains the most current state tax information , including any applicable forms.
9/17/26, 3:46 PM Per diem rates | GSA
https://www.gsa.gov/travel/plan-book/per-diem-rates 3/3 821
CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.R.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Approve a Revised City Council Travel Policy Including on a Per Diem Basis for Meals.
REQUESTED ACTION: Approve the Revised City Council Travel Policy.
CONTACT: Ernie Reyna, Assistant City Manager
On August 26, 2025, the City Council adopted a revised City Council and Elected Officials Travel policy that moved meal reimbursements to a per diem basis using the U.S. General Services Administration's (GSA) published rates. Since then, staff began drafting a companion Employee Travel and Expense Reimbursement Policy applying that same per diem approach to City employees.
While preparing the employee policy, staff identified two provisions that had been built into the employee document but were not yet part of the Council Policy. Bringing the Council Policy into alignment on these two points is the purpose of this item; the redlined policy is included as Attachment
1. The first is Section 1.3.1, Deduction for Provided or Official-Paid Meals. Under this section, if a meal is already covered at no cost to the Official, for example, a meal included in a conference registration fee, a complimentary meal from a hotel or event sponsor, or a meal the City paid for directly, the per diem otherwise payable for that day is reduced by the amount GSA allocates to that meal in its Meals and Incidental Expenses (M&IE) breakdown. Light refreshments, such as a continental breakfast or a reception with hors d'oeuvres, do not trigger a reduction. Officials are required to promptly notify the Finance Department of any provided or Official-paid meals so the per diem payment can be adjusted.
This mirrors Section 5.1 of the Employee Policy and is intended to prevent an Official from receiving a full day's per diem on top of a meal the City, a sponsor, or a conference has already covered.
The second revision is to Section 1.1.2, Automobile. The policy is revised so that mileage is calculated from the Official's regular workplace to the business destination, or from the Official's residence if the Official travels directly from home, whichever results in the lesser mileage. This lessor-of-mileage approach mirrors Section 3.2 of the Employee Policy and is a more precise standard than the current .
822
BUDGET (or FISCAL) IMPACT:
policy language, which reimburses mileage to and from the Official's residence without regard to which starting point results in a shorter trip.
It is recommended that the City Council approved the revised City Council and Elected Officials Travel Policy.
No impact to the general fund as this is an administrative revision.
Prepared By: Ernie Reyna, Assistant City Manager
Attachments:
1. Revised Council Travel Policy.pdf
823
824
825
826
827
828
CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
10.S.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to approve a Professional Services Agreement between the City of Perris and the Perris Valley Chamber of Commerce in the amount of $90,000 for a term of one (1) year.
REQUESTED ACTION: Staff is recommending that the City Council review and discuss the Professional Services Agreement between the City of Perris and the Perris Valley Chamber of Commerce for one year, and upon approval, authorize the City Manager or her designee to execute the Agreement, subject to City Attorney approval as to form.
CONTACT: Benigno Sandoval - Economic Development Director This item was continued by the City Council at the August 25, 2026, regular meeting. The City Council directed staff to work with PVCC so that the Chamber may have time to provide additional information to further evaluate whether additional funding from the City of Perris is needed for the services proposed in the service agreement. In addition, City Council discussed changing the term of the agreement from two years to one year. In the period following the City Council meeting on August 25, 2026, staff has received a total of 20 letters from local businesses in support of the PVCC's proposed services agreement.
The Perris Valley Chamber of Commerce has requested extending the existing Professional Services Agreement (PSA), same as the existing PSA, to continue to provide resources and support services to the local business community. The PVCC scope of work is outlined for business attraction, retention, and relations, as currently provided by PVCC, and includes a budget request in the amount of $90,000 for the 2026-2027 fiscal year. This contract year amount is comprised of a $45,000 request for the 2027 State of the City event and a $45,000 request for the remainder of the programming listed in the Scope of Services. Staff Attached summarizes the deliverables for 25-26 Fiscal Year.
This PSA was reviewed by the EDC on August 13, 2026. The Economic Development Committee directed staff to move forward in working with the City Attorney's office to develop a Professional Services Agreement on the standard City contract. (Attachment 2). The Agreement includes standard City terms for professional services agreements, as well as revisions to the scope of services to include .
829
BUDGET (or FISCAL) IMPACT:
additional detail and performance measures for proper enforcement authority by the City.
Funds for this agreement will be budgeted from the General Fund, in the amount of $90,000 for the 2026- 2027 Fiscal Year.
Prepared By: Benigno Sandoval, Economic Development Director Attachments:
1. City of Perris and PVCC Agreement.pdf
2. PVCC Summary Deliverables 25-26.pdf
3. Perris Chamber Bylaws 2026.pdf
4. Support Letters.pdf
830
Attachment 1
City of Perris and PVCC Agreement
831
01006.0001 2180885.2 8/14/2026 -1-
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF PERRIS AND
THE PERRIS VALLEY CHAMBER OF COMMERCE
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into this 1st day of October, 2026 by and between CITY OF PERRIS, a California municipal corporation (“City”) and THE PERRIS VALLEY CHAMBER OF COMMERCE, a California 501(c)(6) nonprofit corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. Pursuant to the Perris Municipal Code, City has the authority to enter into and execute this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in 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: a) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal 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 or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. 832
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City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.
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 against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Additional Services and Compensation. 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 to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order, consistent with both Section 9.4 as well as the Perris Municipal Code (“PMC”), is first given by City to Consultant, incorporating therein any adjustment in the Contract Sum for the actual costs of the extra work and/or the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in the Contract Sum of up to ten percent (10%) of the Contract Sum or $9,000, whichever is less, may be approved by the City Manager pursuant to Section 9.4. 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 or reasonably contemplated therein. 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.
1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.7 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.8 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, 833
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Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
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 Ninety Thousand Dollars ($90,000) (“Contract Sum”), unless additional compensation is approved pursuant to Section 1.5.
Compensation may include reimbursement, for actual and necessary expenditures, if both specified in the Schedule of Compensation, as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.
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, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. 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. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 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, which shall 834
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be no later than August 31, 2027 (“Term”).
3.3 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. Such time period(s) may be increased by the Contract Officer, provided that such increases shall not serve to extend the Term.
3.4 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 City in writing of the causes of the delay. City 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 City such delay is justified. City’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 this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Consultant. The representative of Consultant is Jerry Sepulveda (President, (951) 442-6123, [email protected]), who is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement.
Therefore, the representative 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. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 Contract Officer for City. The Contract Officer for City is Clara Miramontes, City Manager, (or such person as may be designated by the City Manager). The Contract Officer shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the City Manager or by their delegate as provided for in writing.
4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set 835
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forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under 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 officers, employees, agents or subcontractors, are officers, employees or agents 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. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
4.5 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, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees and agents of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation.
(a) Commercial General Liability Insurance. A policy of commercial 836
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general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(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, with Employer’s Liability insurance coverage limits of at least $1,000,000.00 per accident for bodily injury or disease.
(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. 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. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. 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 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) [Reserved].
(f) Excess Liability Insurance. Excess liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) “follow form” to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. (g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All 837
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coverages for subcontractors shall include all of the requirements stated herein.
5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is 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. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance in conformance with this Agreement to City. (c) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees and agents (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that 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, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for the above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant’s insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any 838
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kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 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. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys’ fees, defense expenses and claims.
5.3 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (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 (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.
Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities 839
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occurring as a result of City’s sole negligence or willful misconduct, 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 indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.
Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation. (c) Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
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 (“books and records”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible. City 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. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents 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 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“documents and materials”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/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. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall 840
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provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant 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.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its 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 City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena.
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 attorneys’ fees, caused by or incurred as a result of Consultant’s conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately 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; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) 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 Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination 841
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or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure. 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 ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. 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, without liability for interest. 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 by conclusion of noticed timeframe, City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. 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.
7.4 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 7.3, 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 the City therefor.
7.5 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.
7.6 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 842
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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. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 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.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND 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 City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with 843
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the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 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.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the Contract Officer at City of Perris, 101 N. “D” Street, Perris, CA 92570, 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, headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, whether the signatures are originals, electronic, facsimiles or digital, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.
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 prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to 844
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or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City, provided that City’s approval thereof shall only be valid if made in a manner consistent with the PMC.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties 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 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
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) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF PERRIS, a California municipal
corporation
_____________________________________
Clara Miramontes,
City Manager
ATTEST:
_____________________________________
Nancy A. Salazar, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Sunny K Soltani, City Attorney
[pks] CONSULTANT:
PERRIS VALLEY CHAMBER OF
COMMERCE, a California 501(c)(6)
nonprofit corporation
By: _________________________________
Name: ________________________
Title: ________________________
By: _________________________________
Name: ________________________
Title: ________________________
Address: 11 S. D St
Perris, CA 92570
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)
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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EXHIBIT A
SCOPE OF SERVICES
I. All work product of Consultant pursuant to this Agreement is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant will perform all of the following Services for the contract year (commencing on September 1, 2026 and ending on August 31, 2027):
1. 2027 State of the City Event
Consultant will directly make the necessary arrangements for the 2027 installment of this annual event, including, but not limited to the following:
• Establishment of the event theme, to be approved in advance by the Contract Officer;
• Reservation of the venue (with payment for the venue use to be made by Consultant using Contract Sum funds), to be approved in advance by the Contract Officer;
• Necessary arrangements for the meal to be provided at the event (with payment for the meal costs to be made by Consultant using Contract Sum funds); • Event set-up, including, but without limitation to, stage and stage backdrop, floorplan and layout, including table/chair setup, sound system, audio/visual function, décor, and printed program materials (with payment for associated reservation and set-up costs to be made by Consultant using Contract Sum funds); and
• Coordination with attendees, excluding direct City attendees, which will be coordinated by City Economic Development staff.
2. Business Retention Site Visits
Conduct Site Visits, or “Business Walks,” which will be scheduled quarterly over the contract year by Consultant, to approach businesses on site at their respective locations, establish contact, build relationships, and provide information regarding local business resources. Results will be shared with the City’s Economic Development Team. Should any scheduling issues arise that impair Consultant’s ability to schedule a Business Walk during any quarter of any contract year, Consultant will notify City Economic Development staff, and reschedule the Walk at the request of the Contract Officer.
3. Business Special Events & Programs
Host special events (including, but not limited to: ribbon-cutting ceremonies, grand openings, business anniversary events) for Consultant organization membership and local businesses, and coordinate City participation and attendance at each event. Event coordination will be completed on an as-needed basis as determined by the Contract Officer, or at the request of the Contract Officer.
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4. Informational Workshops for the Business Community
Consultant will schedule, coordinate, and promote workshops to be offered by the Inland Empire Small Business Development Center (IESBDC), or other established resource-related entities as determined by the Contract Officer. Although these workshops will be scheduled on a case-by-case basis, the City, at the discretion of the Contract Officer, will direct Consultant as to the workshops to be scheduled, coordinated and promoted by Consultant.
5. Development of a Shop/Buy Local Program
Consultant will work with the City Economic Development Division to discuss and scope the Program. Program timeline and details will be subject to the approval of the Contract Officer.
6. Workforce Development Efforts
Consultant will assist the City Economic Development Division in program development and relationship-building with key education stakeholders, such as school districts and school sites, as well as industry professionals across various sectors to establish career pathway relationships in the City of Perris. This will entail research conducted with Consultant organization membership and the education and business community in general, and connection with employers for identification and facilitation of the education pathways. As this program development progresses, the City Economic Development Division will work with Consultant to establish a division of responsibility for program implementation, to be approved by the Contract Officer.
7. Website Promotion. Consultant will add content that is relevant to the City’s interests and purposes to its Perris Valley Chamber of Commerce website, including content promoting local commerce, community amenities, and City events, as directed by the Contract Officer.
8. Promotion of Local Employment Opportunities
Consultant will generally promote local employment opportunities under its standard process, and will include any specific recruitment information provided by the City Economic Development Division at the direction of the Contract Officer.
9. Business Resource Materials
Consultant will develop and maintain business resource materials, utilizing information from the City’s marketing materials and demographic/analytical reports. A draft of the materials developed by Consultant pursuant to this paragraph will be subject to the approval of the Contract Officer prior to Consultant’s finalization and distribution to the business community.
10. Promotion of City Events
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In addition to the inclusion of City events on Consultant’s website and social media accounts, as listed in paragraph no.’s 7 and 11 of this section, Consultant will also promote City events verbally and through distribution of hard copy promotional materials developed by the City at any meetings and/or events hosted by Consultant during the 30-day timeframe leading up to the scheduled event.
11. Social Media Promotion. Consultant will promote City-administered community events, programs, and resource related information on Consultant’s Perris Valley Chamber of Commerce account(s) on various social media platforms (Facebook, Instagram, etc.). Consultant will directly “share” City posts, in order to expand the reach of the City’s promotion to the Consultant organization membership and business community. Consultant’s posts will include, at a minimum, the following annual City events and programs, as well as any ceremonial events which are open to the public, such as park grand openings:
• Health Fair
• Breakfast with Bunny
• Cinco de Mayo Festival
• Movies in the Park Series
• Take a Hike Series
• Pet Expo
• End of Summer Splash
• Rods and Rails
• Tree Lighting Ceremony
Consultant will also generally maintain its Perris Valley Chamber of Commerce social media pages with information from external entities and local businesses. Additional posts in these subject matter areas, to the extent relevant to promoting the City’s interests and purposes as determined by the Contract Officer, will be scheduled and made by Consultant at the request of the Contract Officer.
12. Coordination and Co-Hosting of Job Fair Events
There will be no minimum frequency requirement for this item in the absence of request(s) made by the Contract Officer pursuant to this paragraph. However, upon request of the Contract Officer in the Contract Officer’s discretion, up to once during the contract year, Consultant will partner with the City to co-host a job fair. The division of responsibility among the City and Consultant for each event will be determined on a case-by-case basis, on agreement between the Contract Officer and Consultant’s President. In the event that an agreement is not reached with the Contract Officer, an overview of the event details and the City’s proposal regarding the division of responsibility will be presented to the City’s Economic Development Committee for direction to both the Contract Officer and Consultant.
13. Student of the Month Program
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01006.0001 2180885.2 8/14/2026 A-4
Consultant provides financial sponsorship of the Student of the Month program, As part of the partnership with the City under this Agreement, Consultant will continue that sponsorship, and also appear on behalf of the City if a City representative is unable to attend.
14. Program to Enhance Tourism
Consultant will work with the City Economic Development Division to discuss and scope the Program. Program timeline and details will be subject to the approval of the Contract Officer.
15. Local and Regional Networking Events
Consultant will host, attend, and promote networking events that further the City’s interests and purposes, such as local business mixers and larger regional mixers, as directed by the Contract Officer. Consultant will host or attend a minimum of one such networking event per month.
16. Employee Compliance Support
Consultant will host trainings and provide required compliance materials, such as the mandated Occupational Safety and Health Administration (OSHA) information, in order to help ensure local compliance among the business community. Trainings and provision of materials will be arranged by request from local businesses. Consultant will also make such arrangements at the request of the Contract Officer.
Disclaimer: Notwithstanding the foregoing, and for the avoidance of doubt, nothing in this Agreement shall be construed or interpreted to grant Consultant any exclusive rights to performance of the Services or to preclude the City from conducting or engaging in any events, programs or activities without involvement of Consultant.
III. As part of the Services, Consultant will prepare and deliver the following tangible work products to City as may be required by City from time to time (in addition to those specified in Section II above).
A. Event reports, including attendee count and itemized expenditure and revenue breakdown.
IV. During performance of the Services, Consultant will keep City informed of the status of performance by delivering the following status reports:
A. Presentation to the City Council during the fourth quarter of the contract year, to be scheduled in coordination with City of Perris Economic Development staff.
B. Periodic presentations to the City of Perris Economic Development Committee, as requested by City.
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EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Agreement Boilerplate)
NOT APPLICABLE
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EXHIBIT C
SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2 and Sections II-III, below.
II. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
III. Consultant will be compensated for Services rendered in quarterly installments throughout the contract year, during the months of November, February, May, and August. The total compensation for the contract year shall not exceed Ninety Thousand Dollars ($90,000). See schedule below. Payments will be made on or before the dates listed.
Payment Date Payment Amount
December 30, 2026 $22,500
February 28, 2027 $22,500
May 31, 2027 $22,500
August 31, 2027 $22,500
Contract Sum $90,000
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EXHIBIT D
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with a schedule to be developed by Consultant in coordination with City’s Economic Development staff, which shall be subject to the Contract Officer’s written approval, and which is subject to applicable provisions of this Agreement.
II. Consultant shall deliver such tangible work products to City as provided in Exhibit “A” and as may be required by City pursuant to Section I of this Exhibit. 853
Attachment 2
PVCC Summary Deliverables 25-26
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Attachment 3
Perris Chamber Bylaws 2026
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By-Laws
Perris Valley Chamber of Commerce
(A California Nonprofit Corporation)
ARTICLE I GENERAL
SECTION 1: Name
This organization is incorporated under the laws of the State of California and shall be known as Perris Valley Chamber of Commerce, Incorporated ("The Chamber").
SECTION 2: Purpose
The Perris Valley Chamber of Commerce is organized to secure and promote the interests of the local area business community.
SECTION 3: Area
The designated area of The Perris Valley Chamber & Tourism Bureau shall include the City of Perris and surrounding areas of Perris Valley.
SECTION 4: Limitation of Methods
The Perris Valley Chamber of Commerce shall observe all local, state, and federal laws that apply to nonprofit organizations as defined in Section 501(c) 6 of the Internal Revenue Code.
ARTICLE II
MEMBERSHIP AND MEMBERSHIP MEETINGS
SECTION 1: Eligibility
Any reputable person, association, corporation, partnership or estate having an interest in the objectives of The Chamber shall be eligible for membership.
SECTION 2: Membership Application
Application for membership will be in writing, on forms provided for such purposes, and signed by the applicant. Any applicant shall become a member in good standing upon payment of the regularly scheduled dues as provided in Article Il, Section 4.
SECTION 3: Membership Classifications
There shall be two (2) classifications of membership in The Chamber:
A. Active- a reputable individual, firm, association, corporation, partnership, or estate which supports the activities of The Chamber in accordance with the established membership dues schedule. Active members are eligible to hold office, vote and otherwise participate in the affairs of The Chamber.
B. Honorary-a special status bestowed by the Board of Directors. Honorary members shall have all the privileges of Active members, except the right to vote, and shall be exempt from payment of dues.
Honorary members can be afforded non-voting Board representation, at the discretion of the full Board. The Board shall confer or revoke honorary membership by a majority vote.
SECTION 4: Dues
Membership dues shall be set at such a rate or rates as prescribed by the Board of Directors and payable annually or semi-annually, and will expire on the member's anniversary date. A member in good standing is a member whose dues are current or not more than thirty (30) days past due.
SECTION 5: Termination
A. Any member may resign from The Chamber by notifying the Board in writing.
B. Any member shall be terminated for nonpayment of dues after sixty (60) days past due.
C. Any member maybe expelled for conduct prejudicial to the objectives or reputation of The Chamber, such as illegal conduct or deceptive or unethical business practices, by a two-thirds (2/3) vote of the Board of Directors at a regularly scheduled meeting after notice and opportunity for a hearing are afforded the member.
D. Any remaining portions of the annual dues of a resigned, terminated, or expelled member will be forfeited.
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By-Laws
Perris Valley Chamber of Commerce
(A California Nonprofit Corporation)
SECTION 6: Voting
Subject to the provisions of Section 7612 of the California Nonprofit Mutual Benefit Corporation Law and these bylaws, each Active member shall be entitled to one (1) vote on each matter submitted to a vote of the members. Honorary members and members who are not in good standing, as defined in Section 4 of this Article Il, shall not be entitled to vote on any matter. Voting by proxy is not permitted.
SECTION 7: Membership Meetings
A. General Meetings: Shall be held on such dates and at such times as may be selected by the President upon approval of the Board.
B. Special Meetings: May be called by the President, when deemed advisable, and the President shall, upon the written request of three or more members of the Board, or of twenty-five 25) Active members, expressing the object and purpose of the meeting.
C. Annual Meeting: Shall be held within thirty (30) days of the close of the fiscal year.
SECTION 8: Location and Notice
Membership meetings shall be held at such place(s) as prescribed by the Board of Directors. Written notice via email, fax, or mail shall be given to each member at least five (5) days before the meeting.
SECTION 9: Quorum
At any duly called membership meeting of The Chamber, the number of members present shall constitute a quorum.
ARTICLE III
BOARD OF DIRECTORS
SECTION 1: Authority
The government and policy-making responsibilities of The Chamber shall be vested in the Board of Directors, which shall responsibly control its property, its finances, and direct its affairs.
SECTION 2: Composition
The Board of Directors shall be composed of up to fifteen (15) voting members. Approximately one-third of Board seats are up for election annually.
SECTION 3: Terms
A. A director must be an Active member in good standing. No company or branch office may have more than one director serving on The Chamber Board at any one time.
B. Directors are expected to serve one two-year term and are eligible to serve two successive two-year terms, if elected by the membership.
C. No Director who has served three (3) consecutive two-year terms is eligible for election for a fourth term. A period of one (1) year must elapse before eligibility is restored.
D. Directors shall not be compensated for their services on the Board of Directors.
SECTION 4: Selection and Election of Directors
A. Nominating Committee at the February Board meeting, the president shall appoint a Nominating Committee of three (3) members of The Chamber, all of whom will not be considered for election. The chair shall be a Director and at least one (1) non-board member must serve on the committee.
B. Eligibility-each candidate must be an Active member of The Chamber in good standing and must agree to serve as a director prior to nomination.
C. Publication of Nominations- the Nominating Committee shall nominate a slate of qualified persons to maintain the prescribed number of directors, to the Board for approval no later than the March Board meeting. Within five (5) days of approval by the Board, the Chair shall notify all members of the proposed slate in addition to notification of Nomination by Petition procedures.
D. Nomination by Petition- additional qualified candidates can be nominated within twenty (20) days of the date of the notice described above, by written petition, signed by at least ten (10) active members in good standing.
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By-Laws
Perris Valley Chamber of Commerce
(A California Nonprofit Corporation)
E. Election Procedure-in the event no additional nominations are received within the time limit stated above, the Board may, at the regular May Board meeting, confirm the unanimous election of the candidates presented by the Nominating Committee. In the event one (1) or more petitions of nomination are received, the Nominating Committee shall arrange for an election by the membership.
F. Presentation of Ballot: All qualified candidates' names shall be arranged on a ballot in alphabetical order and sent to the membership via mail or email fifteen (15) day before the scheduled May board meeting. Instructions shall be given to vote for the exact number of candidates necessary to fill the seats being vacated by outgoing directors. Ballots must be received by The Chamber office within ten (10) days. The returned ballots shall be held in confidence until the Board of Directors can count and certify the election results at the May board meeting. The candidates receiving the highest number of votes by ballot shall be deemed elected.
SECTION 5: Seating of New Directors
All newly elected directors shall take office on July 1 following their election and serve until June 30 two years hence.
SECTION 6: Meetings
The Board of Directors shall meet no less than once a month on such dates and at such times as may be selected by the president upon approval of the Board.
SECTION 7: Quorum
A majority of the Board of Directors shall constitute a quorum at any meetings.
SECTION 8: Absences
If a director is absent from three (3) consecutive meetings or six (6) regular meetings of the Board of Directors for the year, without a valid excuse recorded by the Secretary, the director's resignation shall be deemed tendered and accepted. Majority vote by the Board may override this provision.
SECTION 9: Vacancies
Any vacancy created in any office, for any reason, shall be filled by nomination by the President and approved by the Board of Directors. Any member appointed to fill an unexpired term shall hold the office until the expiration of the original vacating director's term.
SECTION 10: Policy Manual
The Board of Directors is responsible for formulating policy for The Chamber and shall be maintained in a Policy Manual, reviewed annually, and revised as necessary.
SECTION 11: Indemnification
The Chamber may, by resolution of the Board of Directors, provide for indemnification by The Chamber of all current or former officers, directors and employees against expenses actually and necessarily incurred by them in connection with the defense of any action, suit, or proceeding in which they or any of them are made parties, or a party, by reason of having been officers, directors or employees of The Chamber, except in relation to matters as to misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability for negligence or misconduct.
859
By-Laws
Perris Valley Chamber of Commerce
(A California Nonprofit Corporation)
ARTICLE IV
OFFICERS AND COMMITTEES
SECTION 1: Determination of Officers
At the July Board meeting, the new and continuing members of the Board of Directors shall qualify and elect from their own number the officers of The Chamber, and serve as the Executive Committee, composed of a president, vice-president, secretary, and treasurer. All Executive Committee members serve for a one-year, renewable term.
A. Nominees for president shall have served at least one (1) year on the Board of Directors before being eligible to serve as president.
B. The Executive Committee shall act for and on behalf of the Board of Directors only when: (i) authorized by the board, or (i) the board is not available for a regular or special meeting, or (iii) Emergency action does not allow enough time to call for a special meeting of the board. The Executive Committee shall be accountable to the Board for its actions.
C. The Executive Committee shall meet once a month at such times as determined by the Committee. A majority of committee members shall constitute a quorum.
SECTION 2: Duties of Officers
A. President: The president shall preside at all meetings of the membership, the Board of Directors and the Executive Committee, and perform all duties incident to the office. The president, upon approval of the Board, shall determine all committees and select all Committee chairs, except the Executive Committee, and shall be the chair of the Executive Committee and a member ex-officio of all other committees of the Chamber, except the Nominating Committee. The president will not vote in meetings of the Board of Directors or the Executive Committee unless needed to break a tie vote. The president shall retain voting privileges in all membership voting.
B. Vice-President: The Vice-President shall exercise the powers and authority and perform the duties of the president in the absence, disability, or resignation of the president.
C. Secretary: The Secretary shall keep or cause to be kept, the book of minutes of all meetings and actions of the Board of Directors. Minutes will include the time and place of said meeting, the names of those present, the proceedings, and whether regular or special, how authorized, and the notice given. The secretary shall cause notice to be given of all meetings and official correspondence of The Chamber as required by the by-laws and shall cause the seal of the corporation to be kept in safe custody.
D. Treasurer: The Treasurer shall be the custodian of all the funds of The Chamber and, under the direction of the Board of Directors, shall deposit in FDIC insured financial institutions or invest in a manner approved by the Board and disburse the same. The Treasurer shall act as the Chair of the Budget Committee and submit monthly financial reports to the Board.
SECTION 3: Committees and Other Volunteer Assignments
A. Appointment and Authority: The President, with approval of the Board, shall appoint all Committee Chairs for a term of one-year. The Board of Directors shall organize Committees, as appropriate, around current Chamber priorities. Committees shall be chaired by a Director, at the recommendation of the President, and will consist of board and non-board members reflective of the membership of The Chamber.
Committees do not have the authority to make policy, but are charged with recommending policy for Board of Directors approval. No action by any committee or other volunteer assignments, other than the Executive Committee, shall be binding upon or constitute an expression of the policy of The Chamber until it has been approved by the Board. The Executive Committee and/or Board of Directors may create, approve, regulate, and/or dissolve committees and volunteer assignments, as necessary.
B. Reports: A monthly report to the Board of Directors is required of all active committees. Any 860
By-Laws
Perris Valley Chamber of Commerce
(A California Nonprofit Corporation)
committee or other volunteer assignments, upon approval of the Board of Directors, may have non-voting representation on the Board of Directors and/or the Executive Committee. All requests from committees for approval of action, or for expenditure or obligation of funds must be submitted to the Board of Directors in writing.
ARTICLE V
PROGRAM OF WORK
At the August Board of Directors meeting, the President shall appoint a director to chair the Program of Work Committee. In accordance with the Policies and Procedures Manual, the Committee shall produce the program for the coming fiscal year and present it for approval no later than the October board meeting.
ARTICLE VI FINANCIAL
SECTION 1: Fiscal Year
The fiscal year shall be from July 1 - June 30.
SECTION 2: Budget
At the regular Board of Directors meeting in March, the Treasurer shall select a Budget Committee to determine the operating budget for the following year. The proposed budget may not exceed the projected income for the coming year and shall be submitted for approval no later than the Board of Directors meeting in May. Upon approval of the budget, the Treasurer is authorized to make disbursements provided for in the budget without additional approval of the Board.
SECTION 3: Funds
The Chamber shall use its funds to accomplish the objectives and purposes specified in these by-laws.
All funds collected by The Chamber and its Committees are Chamber funds and are to be utilized and disbursed by the approval of the Board of Directors. No funds are to be considered belonging to any committee or subcommittee. Any fund raising projects shall be for a specific purpose with a projected budget and approved by the Board of Directors before the inception of the project.
SECTION 4: Disbursements
Check disbursements shall be signed by any of the following: President, Vice-President, Secretary, the Treasurer, or as approved by the Board of Directors. When someone other than an officer of The Chamber is appointed by the Board to be a signer on the account, that person shall not sign on any check greater than $500.00 nor any check where they themselves are the payee.
SECTION 5: Annual Audit
The accounts of The Chamber shall be examined annually by a Board approved auditor, the level of examination to be determined by the Board each year, at the recommendation of the Treasurer by the close of the fiscal year, June 30. Said examination shall at all times be available to members of The Chamber within the offices of The Chamber.
ARTICLE VII
PARLIAMENTARY PROCEDURE
The current edition of Robert's Rules of Order shall be the final source of authority in all questions of parliamentary procedure when such rules are not consistent with the Charter or By-Laws of The Chamber. At the July meeting, the President shall appoint a Parliamentarian for the year. 861
ARTICLE VIII DISSOLUTION
The Chamber shall use its funds only to accomplish the objects and purposes specified in these Bylaws, and no part of said funds shall inure, or be distributed, to the members of The Chamber. On dissolution of The Chamber, any funds remaining shall be distributed to one or more regularly organized and qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Directors as defined in IRS Section 501(c) 3.
ARTICLE IX AMENDMENTS
These bylaws may be amended or altered by a vote of the general membership. Such voting will be conducted by mailed or emailed ballots, clearly indicating the changes desired and the reasons for said changes, and specifying a deadline for return of ballots no less than fifteen (15) days from the date the ballots are mailed to the membership. A majority vote of returned ballots shall carry the motion 862
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CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
11.A.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Introduce and Conduct the First Reading by Title Only of Ordinance No. (next in order) regarding Zoning Code Text Amendment 26-00004 – A city-initiated proposal to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87 for compliance with State law. Applicant: City of Perris.
REQUESTED ACTION: Introduce Ordinance No. (next in order) finding the Project is exempt from the provisions of the CEQA Guidelines, pursuant to Section 15061(b)(3) (Common Sense Exemption) and approving Zoning Code Text Amendment 26-00004 to amend the Perris Municipal Code to update Chapter 19.81 (Accessory Dwelling Units) and 19.87 (Reasonable Accommodations in Housing), based on the findings contained herein.
CONTACT: Kenneth Phung, Director of Development Services On August 19, 2026, the Planning Commission voted 4-0-1 (Ayes: Menez, Lopez, Shively, Hammond;
Absent: Jimenez) to recommend that the City Council approve the Zoning Code Amendment (ZCA) 26-00004 to update Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87 to be in compliance with housing regulations recently updated by the State. These updates will enable both the public and City staff to more easily understand what is permitted and the approval process for ADU and JADU additions and expansions, and requests for reasonable accommodations in housing for individuals with disabilities.
PROPOSED AMENDMENT
The proposed amendment updates Chapters 19.81 and 19.87 of the Perris Municipal Code to bring the City's ADU, JADU, and reasonable accommodation regulations into compliance with current State law.
The amendments also clarify the City's review process and applicable development and operational requirements.
.
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BUDGET (or FISCAL) IMPACT:
The proposed amendments generally fall into three categories: 1) update to the terminology and crossreferences to reflect the applicable Government Code provisions; 2) establish clearer application procedures, including completeness review, processing deadlines, appeal procedures, and deemed approval process; 3) update standards for ADUs and JADUs, including size, deed restrictions, and the permitting of qualifying unpermitted units; and 4) update the findings needed for individuals requesting reasonable accommodation due to disabilities that require deviation from the code upon evidence that it would not create a threat to health and safety, or potential property damage to others.
The amendments preserve the City's ability to apply objective standards permitted by State law, including applicable architectural and site standards, building and fire code requirements, and to ensure that these standards do not preclude ADUs and JADUs protected under State law.
PUBLIC HEARING NOTICE
A Notice of Public Hearing for the City Council meeting was published in the local newspaper as an eight-page ad, in compliance with the Zoning Code's notice requirements for citywide projects. As of the preparation of the staff report, staff has not received any comments regarding this project.
RECOMMENDATION:
The Planning Commission recommends that the City Council find that the project is exempt from the CEQA Guidelines pursuant to Section 15061(b)(3) (Common Sense Exemption) approving Zoning Code Text Amendment 26-00004 to amend Title 19 of the Perris Municipal Code as it can be seen with certainty the proposed amendment will not have a significant effect on the environment, and approve Zoning Code Text Amendment 26-00004 to amend the Zoning Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87, based on the findings contained herein.
No impact to General Fund.
Prepared By: Rafael Garcia, Principal Planner
Attachments:
1. Ordinance No. (Next in Order) exempting the Project from CEQA and amending the Zoning Code, Title 19 of the Perris Municipal Code
Exhibit 1: Zoning Code Text Amendment (Chapter 19.81- Accessory Dwelling Units and Chapter
19.87- Reasonable Accomodations in Housing of Title 19 of the Perris Municipal Code)
2. Ordinance No. (Next in Order) exempting the Project from CEQA and amending the Zoning Code, Title 19 of the Perris Municipal Code
3. Ordinance No. (Next in Order) exempting the Project from CEQA and amending the Zoning Code, Title 19 of the Perris Municipal Code
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ATTACHMENT 1
Ordinance No. (Next in Order) exempting
the Project from CEQA and amending the
Zoning Code, Title 19 of the Perris
Municipal Code
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ORDINANCE NO. Page 1
ORDINANCE NUMBER next in order
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PERRIS, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, FINDING AN EXEMPTION FROM CEQA
AND ADOPTING, BASED ON THE FINDINGS NOTED
HEREIN, ZONING CODE TEXT AMENDMENT 26-00004,
AMENDING CHAPTERS 19.81 (ACCESSORY DWELLING
UNITS) AND 19.87 (REASONABLE ACCOMMODATIONS
IN HOUSING) OF THE PERRIS MUNICIPAL CODE TO
UPDATE THE CITY’S REGULATIONS FOR
COMPLIANCE WITH APPLICABLE LAW
WHEREAS, the City of Perris (“City”) is a general law city within the State of California; and
WHEREAS, the City of Perris initiated a Zoning Code Text Amendment 26-00004 to update the City’s ADU regulations in Chapter 19.81 of the Perris Municipal Code (PMC) in compliance with State law, and to update the City’s required findings for approval of Reasonable Accommodations in Housing in PMC Chapter 19.87 to align with applicable fair housing regulations and objective evidence requirements; and
WHEREAS, Zoning Code Text Amendment 26-00004, which proposes the text changes shown in Attachment 1 hereto, (collectively hereafter referred to as “Zoning Code Text Amendment 26-00004”), is proposed to amend Chapters 19.81 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and 19.87 (Reasonable Accommodations) of Title 19 of the PMC, to update the City’s aforementioned regulations in compliance with applicable law; and WHEREAS, California law recognizes Accessory Dwelling Units and Junior Accessory Dwelling Units as an important component of the statewide housing supply and requires local agencies to process qualifying applications ministerially, without discretionary review or a public hearing, and within applicable statutory timeframes; and WHEREAS, the proposed amendments update local definitions, application processing requirements, ministerial review procedures, allowable locations, development standards, parking requirements, deed restriction requirements, provisions for unpermitted units, and certificate of occupancy requirements to align the Perris Municipal Code with current state Accessory Dwelling Unit and Junior Accessory Dwelling Unit law; and
WHEREAS, the proposed amendments preserve the City’s ability to apply objective local development standards, including standards related to building and fire code compliance, sanitation, kitchen facilities, architectural compatibility, and operational requirements, to the extent such standards are permitted by state law and do not preclude state-protected Accessory Dwelling Units or Junior Accessory Dwelling Units; and
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ORDINANCE NO. Page 2
WHEREAS, on August 19, 2026, the Planning Commission conducted a legally noticed public hearing for Zoning Code Text Amendment 26-00004, and thereafter adopted Resolution No. 26-15 recommending that the City Council find a CEQA exemption and adopt said Zoning Code Text Amendment 26-00004; and
WHEREAS, on September 29, 2026, the City Council conducted a legally noticed public hearing for Zoning Code Text Amendment 26-00004, and having done so, now sees fit and intends to find a CEQA exemption and adopt Zoning Code Text Amendment 26-00004 as provided herein; and
WHEREAS, on July 16, 2026, the Riverside County Airport Land Use Commission (ALUC) determined that the amendment is consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (MARB ALUCP) and the 2010 Perris Valley Airport ALUCP; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PERRIS DOES ORDAIN AS FOLLOWS:
e
Section 1. The above recitals are all true and correct and are incorporated herein by this reference as findings of act.
Section 2. The City Council finds, based on the whole administrative record, that the proposed Zoning Code Text Amendment 26-00004 is not a “project” within the meaning of the California Environmental Quality Act (CEQA), as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and constitutes organizational or administrative activities of the City that will not result in direct or indirect physical changes in the environment, as further detailed below; and that, alternatively, the proposed Zoning Code Text Amendment 26-00004 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), which provides that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, so the activity is not subject to CEQA. The amendment is proposing to update Chapter 19.81 (Accessory Dwelling Units) and
19.87 (Reasonable Accommodations in Housing) aligning reasonable accommodation findings with fair housing regulations and objective evidence requirements. The changes ensure the City’s regulations are in conformity with applicable law and thereby ensure the validity of the City’s regulations, which are left intact to the maximum extent permitted by State law, and do not authorize any particular development.
Section 3. The City Council further finds as follows:
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ORDINANCE NO. Page 3
A. The proposed Zoning Code Text Amendment is necessary to update the City’s ADU regulations in compliance with State law. Accordingly, Zoning Code Text Amendment 26-00004 is designed to implement California’s ADU statutory framework by recognizing ADUs as an essential component of the housing supply, requiring ministerial review for qualifying applications, limiting local discretion, and applying objective standards only to the extent allowed by state law. The proposed Zoning Code Text Amendment expressly provides that state law prevails in the event of a conflict, which reduces the risk that a local standard will be applied in a manner inconsistent with the Government Code.
B. The proposed Zoning Code Text Amendment will not have a negative effect on public health, safety, or the general welfare of the community because the proposed Zoning Code Text amends Chapters 19.81 and 19.87 of the Perris Municipal Code, which updates the City’s ADU regulations in compliance with State law and thereby ensures the validity of the City’s ADU regulations while generally maintaining the maximum degree of local control permitted by state law. Therefore, the proposed Zoning Code Text Amendment enhances, rather than diminishes, the City’s ability to protect public health, safety, and welfare.
C. The proposed Zoning Code Text Amendment is consistent with the General Plan. The proposed Zoning Code Text Amendment advances numerous goals, policies, and implementation measures set forth therein, including Goal 1, Policy I.A, and Goal 4 of the Land Use Element, by ensuring the City’s ADU regulations are in compliance with State law and thereby promoting quality housing for households at all income levels and stages of life and a variety of housing types to satisfy changing demands. The proposed Zoning Code Text Amendment is also consistent with the Housing Element and ensures continued satisfaction of Action 3.4 thereof.
Section 4. Based upon the foregoing and the whole administrative record, including but not limited to, all statements and reports (including all attachments and exhibits) presented at its public hearing on September 29, 2026, the City Council approves Zoning Code Text Amendment 26-00004 as follows:
A. Chapter 19.81 (Definitions) and Chapter 19.87 (Reasonable Accommodations in Housing) of the Perris Municipal Code is hereby amended as provided in Exhibit 1 attached to this Ordinance (with added text indicated in bold, red font), which is incorporated herein by this reference; which is incorporated herein by this reference.
Section 5. Should any provision, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance be rendered or declared invalid by any court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, portions, sections, subsections, paragraphs, sentences, clauses, phrases, and words of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would 894
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have adopted this Ordinance and each provision, portion, section, subsection, paragraph, sentence, clause, phrase, clause or word hereof, irrespective of the fact that any one or more provisions, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words hereof may be rendered or declared invalid or unconstitutional.
Section 6. The Mayor shall sign this Ordinance 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 this regard. This Ordinance shall take effect thirty days after its adoption.
ADOPTED, SIGNED and APPROVED this 29th day of September, 2026.
Mayor, Michael J. Vargas
ATTEST:
City Clerk, Nancy Salazar
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF PERRIS )
I, Nancy Salazar, CITY CLERK OF THE CITY OF PERRIS, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance Number ____ was duly and regularly adopted by the City Council of the City of Perris at a regular meeting held on the 29th day of September, 2026, by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk, Nancy Salazar
895
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Exhibit 1: Zoning Code Text Amendment (Chapter 19.81 – Accessory Dwelling Units and Chapter 19.87 – Reasonable Accomodations in Housing of Title 19 of the Perris Municipal Code)
896
EXHIBIT 1
Zoning Code Text Amendment (Chapter
19.81 – Accessory Dwelling Units and
Chapter 19.87 – Reasonable Accomodations
in Housing of Title 19 of the Perris
Municipal Code)
897
01006.0005 2148506.2 6/12/2026
CHAPTER 19.81. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
Sec. 19.81.010. - Purpose.
The purpose of this section chapter is to establish regulations and procedures for reviewing and permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with Chapter 13 of Division 1 of Title 7 of the California Government Code, or any successor statute. In the event of any conflict between the provisions of this chapter and applicable provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, or any successor statute, the latter shall prevail to the extent of the conflict.
Sec. 19.81.020. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory dwelling unit (ADU) is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. “ADU” also includes the following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1; and (2) a manufactured home, as defined in California Health and Safety Code Section 18007.
Accessory structure is a structure that is accessory and incidental to a dwelling located on the same lotlocated on the same lot as the primary dwelling. An accessory structure may be either attached or detached from the primary dwelling and must have a use that is incidental to the main use. Examples of residential accessory uses include, but are not limited to, storage sheds, garages, studios.
Attached ADU is an accessory dwelling unit created by new construction that is attached to the primary dwelling unit by a shared wall, floor, or ceiling.
Converted existing space ADU is an accessory dwelling unit created by the conversion of existing floor area within either the primary dwelling unit or an accessory structure or an existing multifamily dwelling on the lot, or by total replacement of an existing accessory structure on the lot with an ADU.
Detached ADU is an accessory dwelling unit located on the same parcel and is created by new construction that is detached, or separate from, the primary dwelling unit. Detached ADUs may be constructed on any parcel where single-family, mixed use or multi-family uses are existing or permitted by zoning.
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Efficiency kitchen. An efficiency kitchen shall be defined as an area that shall include a sink, food preparation counter and food storage area. A plug-in food preparation appliance, such as a microwave or hot plate, may also be provided.
Existing building envelope. The existing walls and roofs of a dwelling that separate interior space for exterior space. A space enclosed by at least two walls and a roof is within the existing building envelope.
Junior accessory dwelling unit (JADU) is a unit that is no more than 500 square feet in sizeof interior livable space and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
Kitchen. An area that includes a cooking appliance, sink, refrigerator and food preparation and storage area.
Livable Space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Ministerial action or ministerial. A permit application reviewed by staff for compliance with specific standards and approved without discretionary review or a hearing.
Minor adjustment. Defined in Perris Municipal Code Section 19.54.020(9), a minor adjustment to specific development standards may be approved by the Ddevelopment Sservices Ddirector.
Multi-family dwelling. An existing building that contains more than one dwelling unit and is located within a zoning district that allows multi-family dwellings.
Primary dwelling unit may be any of the following: an existing single-family dwelling, a proposed single- family dwelling, or an existing multi-family structure.
Proposed dwelling is a dwelling that has applied for a permit and that meets the requirements for permitting.
Public transit is a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public.
Tandem parking. When two or more vehicles are parked lined up one behind the other.
Underlying zoning. The zoning district in which a parcel is located on the City of Perris Zoning Map or within a specific plan.
Sec. 19.81.030. - Applicability.
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Any construction, establishment, alteration, enlargement, or modification of an ADU or a JADU shall comply with the requirements of this chapter and the Ccity's building and fire codes. An ADU or JADU that meets the requirements of this chapter shall be deemed:
(1) Consistent with the general plan designation and zoning for the parcel on which the ADU or JADU is located.
(2) Within the allowable density for the parcel on which the ADU or JADU is located.
Sec. 19.81.040. – Review Authority; Application Processing. (a) Permit applications for ADUs and JADUs that meet the applicable development standards described in this chapter and the requirements of the underlying zoning, to the extent consistent with Chapter 13 of Division 1 of Title 7 of the California Government Code, shall be subject to ministerial approval.
(b) The City shall determine whether an application to create or serve an ADU is complete and provide written notice of this determination to the applicant not later than 15 business days after the City received the application.
(c) If the City determines an application is incomplete, the City shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subsection (b) above.
(d) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the City. (e) In the review of an application submitted pursuant to subsection (d) above, the City shall not require the application to include an item that was not included in the list required by subsection (c) above.
(f) If an applicant submits an application pursuant to subsection (d) above, the City shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subsection (c) above. This additional application is subject to the timelines and requirements specified in subsection (b) above. (g) If the City does not make a timely determination as required by subsections (b)-(f) above, the application or resubmitted application shall be deemed to be complete for purposes of this section.
(h) The City shall either approve or deny the application to create or serve an ADU within 60 days from the date the City receives a completed application if there is an existing singlefamily or multifamily dwelling on the lot. If the permit application to create or serve an ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the ADU until the City approves or denies the permit application to create the new singlefamily or multifamily dwelling, but the application to create or serve the ADU shall be 900
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considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved. The City may charge a fee to reimburse it for costs incurred to implement Government Code section 66317, including the costs of adopting or amending any ordinance that provides for the creation of an ADU.
(i) If the City denies an application for an ADU pursuant to subsections (a)-(h), above, the City shall, within the time period described in subsections (a)-(h), above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (j) No local ordinance, policy, or regulation, other than this Chapter shall be the basis for the delay or denial of a building permit or a use permit under Government Code section 66317. (k) If a permit application is determined to be incomplete under subsections (b)-(g), above, or denied under subsection (h), above, the applicant may appeal that decision in writing to the City Council. The appeal must be filed within 10 calendar days from the day of the City’s notice of the incompleteness determination or denial decision, as applicable, and must be accompanied by the applicable processing fee and a written statement of the reasons for the appeal. The City Council shall provide a final written determination by not later than 60 business days after receipt of the applicant's complete written appeal. (a)(l) Homeowners’ associations, as a third party, cannot influence the City’s decision on an application to create an ADU. Third party reviews of ADU permit applications by a homeowners association or their representatives or agents are prohibited by state law.
Sec. 19.81.050. - Location.
(a) ADUs and JADUs are permitted on sites that have an existing or proposed primary single family dwelling unit and within underlying zoning districts that allow single-family homes or mixed use.
(b) ADUs are permitted on sites that have existing or proposed multi-family residences dwellings and within underlying zoning districts allow multi-family homes dwellings or mixed use homes.
(c) JADUs are not permitted on sites where a portion of the primary dwelling has been converted to an ADU[Reserved].
(d) JADUs are not permitted on sites with multi-family projects.
Sec. 19.81.060. - Land use regulations and development standards for all ADUs and JADUs.
Except as modified by this chapter, all ADUs shall conform to the requirements of the underlying residential zoning district and the zoning code in addition to the standards listed below. 901
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(1) Minimum lot area. There shall be no minimum lot area required to establish an ADU and/or JADU.
(2) Building height.
a. Single Family Detached ADU. Shall not exceed 16 feet above grade, unless the property is within ½ mile walking distance of a major transit stop or a high-quality transit corridor, in which case the Detached ADU shall not exceed 18 feet above grade. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. b. Single Family Attached ADU. Shall not exceed 25 feet above grade or the height limitation of the underlying zoning district applicable to the primary dwelling, whichever is less.
c. A detached ADU on a lot with an existing or proposed multifamily, multistory dwelling. Shall not exceed a height of 18 feet above grade. (3) Setbacks.
a. Front yard. Determined by underlying zone, except as provided in Section
19.81.060(9).
b. Side and rear yards. Minimum four feet or underlying zone requirement whichever is less.
c. When a property is adjacent to an alley, the side or rear yard setback may be reduced with the minor adjustment approval.
(4) Architectural design. The architectural design of the ADU shall be compatible with the architectural style and materials used in the primary dwelling or multi-family project. (5) Exterior entrance. All units must have an entrance separate from the primary dwelling entrance.
(6) Sanitation facilities. A separate bathroom is required with sink, toilet, and shower/bathtub; JADUs may share sanitation facilities with the primary dwelling. (7) Kitchen. A kitchen is required.
(8) Fire sprinklers. For both ADUs and JADUs, fFire sprinklers are required when the primary dwelling unit has fire sprinklers.
(9) Underlying zoning standards. Lot coverage, distance requirements between structures and other standards established by the underlying zoning may be applied so long as application of the requirements does not prohibit the construction of an ADU with a floor area that is 800 square feet of interior livable space or less or with side and rear yard setbacks that are no less than four feet.
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(9)(10) Impact Fees. The City shall not impose any “impact fee,” as defined in Government Code Section 66311.5(c), upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less. Any impact fees charged for an ADU that has more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit.
Sec. 19.81.070. - Specific land use regulations and development standards for single-family— Attached ADUs.
In addition to the development standards outlined in Section 19.81.060, attached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning district that permits a single-family residence including mixed use zones.
(2) Maximum number of units on a site. No more than (i) one ADU and one JADU meeting the requirements of Government Code Section 66323(a)(1)., No more than one primary dwelling unit, one attached ADU and one JADU are permitted. (3) Minimum unit size. Must have a minimum of 320 square feet of interior livable space floor area but shall not prohibit construction of an efficiency unit pursuant to Government Code Section 66321.
(4) Maximum unit size. The attached ADU shall have an area no more than 50 percent of the floor area in the primary dwelling and shall not exceed the following requirements:
a. Studios and one-bedroom units—850 square feet of interior livable space. b. More than one-bedroom units—1,000 square feet of interior livable space. (5) Parking requirements. Except as provided in Section 19.81.120, one parking space shall be required.
Sec. 19.81.080. - Specific land use regulations and development standards for single-family— Detached ADUs.
In addition to the development standards outlined in Section 19.81.060, detached ADUs shall comply with the following standards.
(1) Zoning. ADUs are allowed in any zoning district that permits a single-family residence. (2) Maximum number of units on a site. No more than (i) one ADU and one JADU meeting the requirements of Government Code Section 66323(a)(1), and (ii) one new construction detached ADU meeting the requirements of Government Code Section 66323(a)(2), are permitted per lot with a proposed or existing single-family dwelling., No more than one primary dwelling unit, one detached ADU and one JADU are permitted.
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(3) Minimum unit size. Must have a minimum of 320 square feet of interior livable space floor area but shall not prohibit construction of an efficiency unit pursuant to Government Code Section 66321.
(4) Maximum unit size. The detached ADU shall not exceed the following requirements:
a. Studios and one-bedroom units—850 square feet of interior livable space. b. More than one-bedroom units—1,200 square feet or 75 percent of the primary dwelling, whichever is less, except if the resulting limit would be less than 1,000 square feet of interior livable space, the limit shall be 1,000 square feet of interior livable space.
(5) Setbacks.
a. Front yard. Determined by underlying zone.
b. Side and rear yards. Minimum four feet or underlying zone, whichever is less. c. When a property is adjacent to an alley, the side or rear yard setback may be reduced with the minor adjustment approval.
(6) Parking requirements. Except as provided in Section 19.81.120, one parking space shall be required.
Sec. 19.81.090. - Specific land use regulations and development standards for single-family— Converted existing space ADUs.
In addition to the development standards outlined in Section 19.81.060, converted existing space ADUs shall comply with the following standards.
(1) Zoning. ADUs and JADUs are allowed in any zoning district that permits a singlefamily residence. (2) Maximum number of units on a site. No more than (i) one ADU and one JADU meeting the requirements of Government Code Section 66323(a)(1), and (ii) one new construction detached ADU meeting the requirements of Government Code Section 66323(a)(2), are permitted per lot with a proposed or existing single-family dwelling.No more than one primary dwelling unit, one converted existing space ADU, one detached ADU, and one JADU.
(3) Minimum unit size. Must have a minimum of 320 square feet of interior livable spacefloor area, but shall not prohibit an efficiency unit pursuant to Government Code Section 66321.
(4) Maximum size. No limit, subject to paragraphs (5)-(6) below. 904
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(5) Building envelope. The converted existing space ADU must be constructed within the existing or proposed floor area of the primary dwelling. (6) Additional floor area. Building envelope may be increased by up to 150 square feet to accommodate a new entrance to the converted existing space ADU. (7) Parking requirements.
a. Primary dwelling. When a garage is converted to an ADU, the parking for the primary dwelling does not have to be replaced.
b. ADU. None.
Sec. 19.81.100. - Specific land use regulations and development standards for JADUs.
In addition to the development standards outlined in section 19.81.060, JADUs shall comply with the following standards.
(1) Zoning. JADUs are allowed in any zoning district that permits a single-family residence.
(2) Maximum number of JADUs on a sitelot. One JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. JADUs are not permitted on other lots.
(3) Minimum unit size. Must have a minimum of 320 square feet floor area. (4)(3) Maximum unit size. The maximum floor area of a JADU shall not exceed 500 square feet of interior livable space.
(5)(4) Building envelope. The JADU must be constructed within the existing or proposed building envelope of the primary dwelling.
(6)(5) Additional floor area. Building envelope may be increased by up to 150 square feet to accommodate a new entrance to the JADU. JADU total area interior livable space shall not exceed the maximum size defined in section 19.81.100(c). (7)(6) Exterior entrance. JADU must have an entrance separate from the primary dwelling entrance. If a JADU does not have a separate bathroom, the JADU shall include a separate entrance from the primary dwelling entrance, with an interior entry to the main living area.
(8)(7) Parking requirements. None.
(9)(8) Kitchen. An efficiency kitchen area is required to be included in the JADU. The efficiency kKitchen area shall include space for food storage and preparation. Cooking appliances may include microwaves or other similar devicesall of the following: (1) a 905
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cooking facility with appliances; and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
Sec. 19.81.110. - Specific land use regulations and development standards for ADUs in multifamily sites.
In addition to the development standards outlined in Section 19.81.060, ADUs on lots with existing or proposed multifamily dwellings shall comply with the following standards. (1) Zoning. ADUs are allowed on residential and mixed use zoned properties with existing or proposed multi-family dwellings.
(2) Maximum number of ADUs.
a. Converted existing space ADUs—At least one ADU and up to 25 percent of the existing multifamily dwelling units, as calculated pursuant to subsection (5) of this Section.
b. Detached ADUs— On a lot with an existing multifamily dwelling, up to eight ADUs, provided that in no case shall the number of detached ADUs exceed the number of existing multifamily dwelling units. On a lot with a proposed multifamily dwelling, no more than two detached ADUs.
c. Attached units—If no detached ADUs or converted existing space ADUs can be built on the site, one attached ADU is permitted.
(3) Minimum unit size.
a. Converted existing space ADUs—Must have a minimum of 320 square feet floor areaof interior livable space but shall not prohibit construction of an efficiency unit pursuant to Government Code Section 66321.
b. Detached ADUs—A minimum of 320 square feet floor areaof interior livable space but shall not prohibit construction of an efficiency unit pursuant to Government Code Section 66321.
c. Attached ADUs—A minimum of 320 square feet floor areaof interior livable space but shall not prohibit construction of an efficiency unit pursuant to Government Code Section 66321.
(4) Location.
a. For converted existing space ADUs, lot must have an existing multifamily dwelling.
For detached or attached ADUs, lot must have an existing or proposed multifamily dwelling; and
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b. Converted existing space ADUs must be located within portions of the structure that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, and garages.
(5) Multi-family sites. The following shall apply for purposes of calculating the 25 percent limitation set forth in subparagraph 2(a) of this Section:
a. Previously approved ADUs shall not count towards the existing multi-family dwellings.
b. Fractions shall be rounded down to the next lower number of ADUs, except that at least one ADU shall be permitted; and
c. Multi-family projects approved and built as a single complex shall be considered one lot, regardless of the number of parcels or buildings.
(6) Maximum unit size.
a. Studios and one-bedroom units—850 square feet of interior livable space. b. More than one-bedroom units—1,000 square feet of interior livable space. (7) Parking requirements.
a. Converted existing space units—None.
b. Detached units—One per ADU.
Sec. 19.81.120. - Parking standards.
(a) Parking requirements. Parking shall comply with Section 19.69.020, except as modified by the requirements of this chapter.
(1) Unless the requirement is exempted or waived by other provisions of this chapter, each ADU shall have one designated off-street parking space. (2) Tandem parking and parking within the rear and side yard setbacks are permitted unless findings can be made by city staff demonstrating that the design or location would create dangerous life or fire safety conditions.
(3) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required.
(b) Parking not required. ADUs do not need to provide parking when one of the following standards is met.
(1) The property is within ½ mile walking distance of public transit. 907
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(2) The ADU is within an area considered historically significant as defined by the California Register of Historic Resources.
(3) The ADU is part of the primary dwelling or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a carshare vehicle located within one block of the ADU.
Sec. 19.81.130. - Operational requirements for all ADUs and JADUs. (a) No separate conveyance.
(1) Single-family ADUs and JADUs. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling, except as otherwise permitted by applicable law. (2) ADUs on lots with multifamily dwellings. An ADU may be rented, but no ADU may be sold or otherwise conveyed separately from the lot and the other dwellings, except as otherwise permitted by applicable law.
(b) Short-term Rentals. An ADU or JADU permitted by this chapter shall not be rented for periods of less than 31 days.
(c) Deed restriction and recordation. Prior to issuance of a building and/or grading permit for an ADU and/ora JADU, the property owner shall record a deed restriction with the county recorder's office, the form of which is approved by the City Attorney. This deed restriction shall run with the land and remain in effect so long as the ADU and/or JADU remains on the lot.
(a) JADU deed restrictions shall include and describe the following:
a. Prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasersseparate conveyance of the JADU except as otherwise permitted by applicable law.
b. Approved size and attributes of the JADU.
c. Restrictions on short-term rentals required by PMC Section 19.81.130(b). d. JADU owner occupancy requirement as defined in Government Code Section 65852.22(a)(2)66333(b). Specifically, if the JADU has shared sanitation facilities with the existing structure, the City requires owner-occupancy in the single family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy 908
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is not required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
ADU deed restrictions shall include and describe the restrictions on short-term rentals required by PMC Section 19.81.130(a) and Government Code Section 66314(d)(1), except under the limited circumstances described in GC 66341. Deed restrictions shall also include and describe restriction required by PMC Section 19.81.130(b).
Sec. 19.81.140. - Unpermitted ADUs and JADUs.
(a) Notwithstanding any other law, and except as otherwise provided in subsection (b), below, the City shall not deny a permit for an unpermitted ADU or an unpermitted JADU that was constructed before January 1, 2020, due to either of the following:
a. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code.
b. The ADU or JADU does not comply with Article 1 or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the California Government Code, as applicable, this Chapter or any other local ordinance regulating ADUs or JADUs.
(b) Notwithstanding subdivision (a), the City may deny a permit for an ADU or JADU subject to subdivision (a) if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the California Health and Safety Code.
(c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the California Health and Safety Code.
(d) The City shall inform the public about the provisions of this section through public information resources, including permit checklists and the City's internet website, which shall include both of the following:
a. A checklist of the conditions specified in Section 17920.3 of the California Health and Safety Code that would deem a building substandard. b. Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit. (e) A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the California Health and Safety Code and when the fee is authorized by subdivision (e) of California Government Code Section 66311.5. 909
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(f) Subject to subsection (c) above, upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
Sec. 19.81.150. – Certificate of Occupancy for Primary Dwelling Required Prior to Issuance of Certificate of Occupancy for ADU; Emergency Exception (a) The City shall not issue a certificate of occupancy for an ADU before the City issues a certificate of occupancy for the primary dwelling.
(b) Notwithstanding subsection (a) above, in the event that Riverside County is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, to the extent required by Government Code Section 66328, the City shall issue a certificate of occupancy for an ADU constructed in the City if both of the following requirements are met, even if the primary dwelling has not yet been issued a certificate of occupancy: (1) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor; and (2) the ADU has been issued construction permits and has passed all required inspections.
(c) Subsection (b) above does not apply to an ADU that is attached to the primary dwelling.
CHAPTER 19.87. - REASONABLE ACCOMMODATIONS IN HOUSING
Sec. 19.87.070. - Findings and decision.
(a) Findings. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
(1) The housing, which is the subject of the request, will be used by an individual disabled as defined under the Act.
(2) The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Act.
(3) The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.
(4) The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning. (5) The requested reasonable accommodation would not constitute a direct threat to the health or safety of others (i.e., a significant risk of bodily harm) nor cause substantial physical damage to the property of others, or such risks can be sufficiently mitigated or eliminated by another 910
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reasonable accommodation, as provided in California Code of Regulations Title 2, Section 12179.
A determination that an accommodation poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others must be based on an individualized assessment that relies on objective evidence, not on mere speculation or stereotype about the requested accommodation or a particular disability or individuals with disabilities in general. The assessment of whether the specific accommodation in question poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others must be based on objective evidence, and not unsubstantiated inferences. The evidence must be sufficiently recent as to be credible, and must consider: (i) The nature, duration, and severity of the risk of a direct threat to the health and safety of others or of substantial physical damage to the property of others; (ii) The likelihood that a direct threat to the health or safety of others or substantial physical damage to the property of others will actually occur; and (iii) Whether there are any additional or alternative reasonable accommodations that will eliminate the direct threat to the health or safety of others or substantial physical damage to the property of others. adversely impact surrounding properties or uses.
(6) There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices. (b) Conditions of approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (a) of this section.
(c) Time limit. Improvements for reasonable accommodation granted by the city to a property as provided in this chapter shall run with the rental or lease of the housing unit by the disabled person, and may remain indefinitely. At any time in the future when such improvements are not required, they may be removed by the property owner or housing provider. 911
ATTACHMENT 2
Planning Commission Staff Report without
Exhibits– Dated August 19, 2026
912
CITY OF PERRIS
P L A N N I N G C O M M I S S I O N
A G E N D A S U B M I T T A L
MEETING DATE: August 19, 2026
SUBJECT: Zoning Code Text Amendment 26-00004 – A city-initiated proposal to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter
19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87 for compliance with State law. Applicant: City of Perris.
REQUESTED ACTION: Adopt Resolution 26-15, recommending that the City Council determine the project is exempt from the California Quality Act (CEQA) Guidelines pursuant to Section 15061(b)(3) (Common Sense Exemption), and approve Zoning Code Text Amendment 26- 00004 to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87, based on the findings contained herein.
CONTACT: Patricia Brenes, Planning Manager
BACKGROUND
The State of California periodically adopts new legislation for the regulation of Accessory Dwelling Units (ADUs), Junior Accessory Dwelling Units (JADUs), along with reasonable accommodations in housing for those with special needs. With the recent adoption of new regulations by the State, staff is proposing amendments to our ADUs and JADUs in Chapter 19.81 and Reasonable Accommodations in Housing in Chapter 19.87 to comply with state laws. These updates will enable both the public and City staff to more easily understand allowances and the approval process for ADU and JADU additions and expansions, and requests for reasonable accommodations in housing for individuals with disabilities.
PROPOSED AMENDMENT
The proposed amendment updates to Chapters 19.81 and 19.87 of the Perris Municipal Code are to bring the City's ADU, JADU, and reasonable accommodation regulations into compliance with current State law, as summarized in the table on the following page:
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Topic Proposed Change Purpose
Purpose and
Definitions
Updates terminology and cross-references to reflect the current State ADU law; adds language providing that State law controls in the event of a conflict; and revises key definitions, including accessory structure, JADU, livable space, and minor adjustment.
Clarifies the scope of Chapter
19.81 and aligns local
definitions with current State
law.
Application
Processing
Establishes procedures for completeness review, written deficiency notices, application processing, and written decisions. The amendments also incorporate State-required 60-day approval-or-denial timelines, deemed-complete and deemed-approved provisions, written comments identifying the basis for denial, and appeal procedures.
Provides clear processing
procedures and applicant
protections consistent with
State law.
Land Use
Where ADU &
JADU are
Permitted
Expands the applicability of ADU and JADU provisions to the residential and mixed-use circumstances required by State law and removes provisions that are no longer
consistent with State requirements.
Ensures ADUs and JADUs are
permitted in locations where
required by State law.
Single-Family
ADUs
Requirements
Adds a reference to Government Code Section 66323(a)(1) for attached, detached and converted ADUs; and clarifies that the square footage cannot be less than 1,000 square feet for units that are larger than one bedroom.
Aligns local regulations with
state-mandated ADU
requirements.
JADUs
Requirements
Adds clarifying language regarding the number of JADUs
allowed on a lot as well as exterior entrances, owneroccupancy and deed restriction requirements.
Implements current state
requirements specific to
JADUs.
Pathway for
Unpermitted
Units
Adds a new section limiting denial of permits for certain unpermitted ADUs and JADUs constructed before January
1, 2020, except where correction is necessary for health and safety standards.
Provides a pathway to legalize
qualifying older units
consistent with state law.
Certificate of
Occupancy
Requirements
Establishes requirements related to issuance of a certificate of occupancy for the primary dwelling before an ADU
certificate of occupancy, while incorporating state-law emergency exception for qualifying detached ADUs.
Implements state certificate of
occupancy requirements and
emergency housing
exceptions.
Reasonable
Accommodation
Updates Chapter 19.87 to clarify findings and standards related to direct threats, health and safety, potential property damage, and individualized assessments when evaluating
reasonable accommodation requests.
Aligns reasonable
accommodation findings with
applicable fair housing
regulations and provides
objective criteria for evaluating
requests.
Overall, the proposed amendments update the City's ADU, JADU, and reasonable accommodation regulations to comply with current State law while maintaining objective local standards where permitted. The amendments also clarify the City's review process and applicable development and operational requirements.
The proposed amendments generally fall into three categories. First, the ordinance updates terminology and cross-references to reflect the applicable Government Code provisions. Second, it establishes clearer application procedures, including completeness review, processing deadlines, appeal procedures, and deemed approval provisions. Third, it updates standards for ADUs and JADUs, including size, deed restrictions, and the permitting of qualifying unpermitted units.
The amendments preserve the City's ability to apply objective standards allowed by State law, including applicable architectural and site standards, building and fire code requirements and restrictions on short-term rentals, while ensuring that these standards do not preclude ADUs and 914
JADUs protected under State law.
PUBLIC HEARING NOTICE
A Notice of Public Hearing for the Planning Commission meeting was published in the local newspaper as an eight-page ad in compliance with the noticing requirements in the Zoning Code for citywide projects. As of the preparation of the staff report, staff has not received any comments regarding this project.
RECOMMENDATION
Adopt Resolutions No. 26-15 recommending that the City Council determine that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty the proposed amendment will not have a significant effect on the environment, and approve Zoning Code Text Amendment 26-00004 to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter 19.87, based on the findings contained herein.
BUDGET (or FISCAL) IMPACT: Staff time for preparing the staff report is budgeted in the General Fund.
Prepared by: Rafael Garcia, Principal Planner
Reviewed by: Patricia Brenes, Planning Manager
EXHIBITS:
A. Resolution 26-15 recommending approval of the Zoning Code Text Amendment
B. Notice of Public Hearing
Consent:
Public Hearing: X
Business Item:
Presentation:
Other:
915
ATTACHMENT 3
Notice of Public Hearing
916
NOTICE OF PUBLIC HEARING
This may affect your property.
Please read:
Notice is hereby given that the City Council of the City of Perris will hold a Public Hearing on the item below:
CASES: Zoning Code Text Amendment
26-00004
APPLICANT: City of Perris
101 North “D” Street
Perris, CA 92570
LOCATION: Citywide
PROPOSAL: A city-initiated proposal to amend the Zoning Code (Title 19) of the Perris Municipal Code by updating the Accessory Dwelling Unit regulations in Chapter 19.81 and the Reasonable Accommodations in Housing provisions in Chapter
19.87 for compliance with State law.
ENVIRONMENTAL DETERMINATION: The proposed
project has been determined to be exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15061(b)(3) (Common Sense Exemption), which
provides that CEQA does not apply to activities that CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed amendment consists of text changes to the City’s Zoning Code for compliance with State law. These actions do not authorize or result in any specific development, entitlement, or physical change to the
environment and therefore do not constitute a project under CEQA.
PUBLIC HEARING: The City Council is scheduled to
consider this project on September 29, 2026, at 6:30 p.m. The Planning Commission considered the project on August 19, 2026, and recommended approval of the project to the City Council by a vote of 4 ayes, 0 noes, 1 absent.
All information is available for review at the Development Services Department, Planning Division, located at 135 North D Street, Perris.
Any person affected or concerned by this application may submit written comments to the Office of the City Clerk before the City Council hearing by 5:00 p.m. At the public hearing, any person may appear and be heard in support of or in opposition to the project. At the hearing or during deliberations, the City Council could recommend approval of an alternative proposal for the above project, including any changes to the proposal.
Any person challenging this project in court may be limited to raising only those issues identified at the public hearing described in this notice or in writing delivered to the City Council prior to the public hearing.
In compliance with the Americans with Disabilities Act and Government Code Section 11135, the City Council has adopted a reasonable accommodations policy to swiftly resolve
accommodation requests. The policy can be found on the City’s website at:
https://www.cityofperris.org/home/showpublisheddocument/15 875/638102339679387909. Please contact the City Clerk’s Office at (951) 943-6100 to make an accommodation request or to obtain an electronic or printed copy of the policy.
CITY OF PERRIS
CITY COUNCIL
PUBLIC HEARING
COUNCIL CHAMBERS
CITY HALL
101 NORTH “D” STREET
PERRIS, CA 92570
Date & Time: September 29, 2026, at 6:30 p.m.
Project Planner: Rafael Garcia, Principal Planner
Phone: (951) 943-5003 ext. 413
Email: [email protected]
Si necesita un intérprete por favor llámenos al (951) 943- 5003
917
CITY OF PERRIS
CITY COUNCIL
AGENDA SUBMITTAL
11.B.
BACKGROUND/DISCUSSION:
MEETING DATE: September 29, 2026
SUBJECT: Consideration to Adopt Resolution Number (next in order) and Introduce and Conduct the First Reading by Title Only of Ordinance Number (next in order) regarding Planned Development (PD) Overlay Zone 22-05152, Tentative Tract Map 22-05153 (TTM 37907), Development Plan Review 22-00014 – A proposal to consider a gated residential development on 13.61 gross acres, located north of Metz Road between McKimball Road and “A” Street. Applicant: Anthony Arnest of Pacific Communities.
REQUESTED ACTION: Adopt Resolution No. (next in order) adopting Mitigated Negative Declaration No. 2398 and the Mitigation Monitoring and Reporting Program and approve Tentative Tract Map 22-05153 (TTM 37907), and Development Plan Review 22-00014 to facilitate the construction of a gated 91-detached single-family residential development on 13.61 gross acres, based on the findings contained herein and subject to the Conditions of Approval; and
Introduce the First Reading of Ordinance No. (next in order) approving Planned Development Overlay Zone 22-05152 to allow flexibility from the R-6,000 Single Family Residential development standards for the construction of a gated 91-detached single-family residential development on 13.61 gross acres, based on the findings contained herein and subject to the Conditions of Approval.
CONTACT: Kenneth Phung, Director of Development Services On September 2, 2026, the Planning Commission voted 4–0-1 (Hammond, Abstained) to recommend approval to the City Council of the proposed Pacific Lantana project consisting of 91 detached singlefamily residences with amenities consisting of a clubhouse, a swimming pool and spa, a children’s play area/tot-lot, a half basketball court, a picnic pavilion with BBQ, and a dog park on 13.61 gross acres (12.8 net acres), located north of Metz Road between McKimball Road and “A” Street requiring the following entitlements: 1) Planned Development Overlay to allow flexibility from the R-6,000 Single .
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Family Residential development standards; 2) Tentative Tract Map to subdivide 13.61 gross acres into 91 residential lots; and 4) Development Plan Review for review of the site plan and building elevations.
The Planning Commission (PC) supported the project subject to modification to the conditions of approval including the following: 1) additional dog waste stations, separate fenced areas for large and small dogs, and a shade structure within the dog park; 2) use of “Day Spa” as an accent color rather than the primary color for the Modern Farmhouse architecture; 3) additional landscaping and site design enhancements, including evergreen trees, an enhanced entry roundabout, replacement of palm trees around the clubhouse and pool deck, and natural grass within the dog park; and 4) enhancements to the project entry monument sign, including complementary materials, individual lettering, architectural detailing, layered landscaping, and integrated low-profile lighting.
Public Comment:
No public comments were received during the Planning Commission meeting; however, prior to the meeting, staff received an email from an adjacent resident opposing the Planned Development Overlay Zone and requesting single-story homes as a buffer between the proposed development and existing homes to the north, as well as a perimeter walking path (Attachment 10).
In response to the concerns raised in the email, the project provides 20- to 25-foot rear-yard setbacks along the site perimeter, consistent with the R-6,000 Zone's minimum setback requirement of 20 feet.
Additionally, the applicant has agreed to plant two (2) evergreen trees within the rear yard of each lot that adjoins an existing home to the north of the site to provide additional privacy. While the commenter requested a single-story buffer, the R-6,000 Zone permits two-story residences, and three (3) of the nine (9) existing homes bordering the site to the north are two-story; therefore, the proposed building heights comply with applicable zoning regulations. The project also provides pedestrian connectivity through internal walkways and sidewalks along all street frontages, making an additional perimeter walking path unnecessary.
PROJECT DESCRIPTION
Planned Development Overlay (PDO) Zone and Residential Development The project proposes to rezone 13.61 gross acres (12.8 net acres) from the Residential R-6,000 Zone to the Residential R-6,000 Planned Development Overlay (PDO) Zone. The purpose of the PDO is to allow flexibility with the development and lot standards to facilitate implementation of the proposed 91- unit single-family residential development with lots ranging from 3,769 to 6,713 square feet. The PDO also includes provisions to calculate the project's density using gross acreage methodology instead of the net acreage used by the General Plan, resulting in a density of 6.69 dwelling units per gross acre.
This density is within the 4 to 7 dwelling units per acre range established for the R-6,000 Zone.
Therefore, the proposed 91-unit development is consistent with the applicable density standards. The proposed residential units range from 2,166 to 2,577 square feet and include an attached two-car garage, a maximum of five bedrooms, and, in some units, the option to convert the ground-level bedroom into a junior accessory dwelling unit (JADU), three full bathrooms, a kitchen, a dining room, and a front 919
porch. Additionally, the proposal includes 90 parking spaces for guests throughout the development and adjacent to the clubhouse.
Project Amenities
Amenities include 29,461 square feet of recreation area, including a 2,020-square-foot single-story clubhouse/sales office, an activity lawn, a swimming pool and spa, a children’s play area/tot-lot, a half basketball court, a picnic pavilion with BBQ, and a dog park.
Circulation and Access
Primary access to the site will be provided from “A” Street, with secondary access from McKimball Road for egress and fire access only. Both access points will feature stamped concrete, while the primary entrance will include a raised, landscaped center median. A private gated main-loop road and two (2) interior streets will provide access to each lot within the subdivision. The roadway system will include curbs, gutters, and sidewalks, along with traffic-calming measures such as choked intersections, bulb-out street corners, and 90 on-street visitor parking spaces. The project site will be secured by a 6- foot-high perimeter block wall with pilasters and automatic gates.
ENVIRONMENTAL DETERMINATION:
An Initial Study was prepared for the project per the California Environmental Quality Act (CEQA), which concluded that all potential significant environmental effects could be reduced to less than significant levels with mitigation measures. In accordance with the California Environmental Quality Act (CEQA), a Notice of Intent to adopt a Mitigated Negative Declaration (NOI) was published with a 30-day public review period starting on May 22, 2026, and ending on June 22, 2026. The NOI was also posted on the City's website and at City Hall and sent to public agencies and property owners within a 300-foot radius of the Project site. During the 30-day comment period, the City received five (5) comment letters regarding this project (Attachment 9):
1. March Inland Port Airport Authority – Noted minor typographical errors, which have been corrected in the Final Mitigated Negative Declaration, and noted that the project should be reviewed by ALUC. ALUC reviewed the project on August 11, 2026, and determined it to be conditionally consistent with the Airport Plan.
2. Riverside County Flood Control District and Water Conservation District (First and Second Letters) - Both letters are generally informational. As requested in the letter, the Applicant will enter a cooperative agreement with the Riverside County Flood Control and Water Conservation District (District) regarding the proposed project-related Master Drainage Plan facilities and obtain an encroachment permit for any construction-related activities within District right-of-way and/or facilities. Riverside County Transit Agency – Provided an acknowledgment of their review of the IS/MND and had no comments.
3. United States Fish and Wildlife Service – Provided information that a burrowing owl protocol survey is required even if construction during the breeding season is avoided. In response, the mitigation measures have been revised to include the survey protocols. 920
BUDGET (or FISCAL) IMPACT:
None of the letters raised environmental concerns not already addressed in the IS/MND. Responses to comments have been included in the Final MND as Appendix “H” (Attachment 10).
PUBLIC HEARING NOTICE:
A Notice of Public Hearing for the City Council meeting was published in the local newspaper and sent to agencies and property owners within 300 feet of the project site (Attachment 11). As of the writing of the staff report, staff has not received additional comments regarding this project.
RECOMMENDATION:
The Planning Commission recommends that the City Council adopt Resolution Number (next in order), adopting Mitigated Negative Declaration No. 2398 and the Mitigation Monitoring and Reporting Program, and approving Planned Development Overlay Zone 22-05152, Tentative Tract Map 22-05153 (TTM 37907) and Development Plan Review 22-00014 to facilitate the construction of a gated 91 detached single-family residential development on 13.61 gross acres (12.8 net acres), located north of Metz Road between McKimball Road and “A” Street, based on the findings contained in the Resolution and subject to the Conditions of Approval.
There is no fiscal impact associated with this project since all project costs are borne by the applicant.
Prepared By: Patricia Brenes, Planning Manager
Attachments:
1.Resolution No. (next in order) with CoAs.pdf
2.Ordinance No. (next in order) adopting the Planned Development Overlay and Zone 22-05152
3.Location-Aerial Map
4.Existing and Proposed Zoning Maps
5. MARB IPA ALUCP Map
6.Project Plans (Site Plan, Plotting Plan, Building Elevations, Renderings, Conceptual Landscape Plan)
7.Tentative Tract Map No. 37907
8.Planning Commission Staff Report Without Exhibits - Dated September 2, 2026
9.Initial Study-Mitigated Negative Declaration, Technical Studies, and Response to Comments
10.Public Comment Email from Planning Commission meeting
11.Notice of Public Hearing
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Attachment 1
Resolution No. (next in order) adopting the
MND 2398 and the MMRP, and approving,
Tentative Tract Map 22-05153 (TTM 37907)
and Development Plan Review 22-00014
with Conditions of Approval (Planning,
Engineering, Public Works, Community
Services, and Building & Safety)
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RESOLUTION (next in order)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
ADOPTING MITIGATED NEGATIVE DECLARATION (2398)
AND MITIGATION MONITORING AND REPORTING
PROGRAM AND APPROVING TENTATIVE TRACT MAP 22-
05153 (TTM 37907) AND DEVELOPMENT PLAN REVIEW (DPR)
22-00014, FACILITATING THE CREATION OF A 91-LOT
SUBDIVISION AND CONSTRUCTION OF A 91-UNIT SINGLE
FAMILY RESIDENTIAL DEVELOPMENT ON 12.8 NET ACRES,
KNOWN AS THE PACIFIC LANTANA PROJECT, LOCATED
NORTH OF METZ ROAD BETWEEN MCKIMBALL ROAD AND
“A” STREET, BASED UPON THE FINDINGS HEREIN AND
SUBJECT TO CONDITIONS OF APPROVAL.
WHEREAS, the project applicant, Anthony Arnest, on behalf of Pacific Communities Builder, Inc. (“Applicant”) requests to subdivide a 12.8 net acre property, identified as Assessor’s Parcel Numbers 311-030-012 and 311-030-013, located within the Residential R-6,000 Zone designation to facilitate the creation of 91 residential lots for the construction of a development consisting of 91 single-family detached residential units located north of Metz Road between McKimball Road and “A” Street, known as the Pacific Lantana project, and requests to have the Planned Development Overlay Zone applied to the development (“Project”); and
WHEREAS, the Applicant submitted an application for a Planned Development Overlay Zone (PD) 22-05152, Tentative Tract Map 22-05153 (TTM 37907), and Development Plan Review (DPR) 22-00014 for consideration of the Project; and WHEREAS, the proposed PDO 22-05152, TTM 37907, and DPR 22-00014 are considered a “project” as defined by the California Environmental Quality Act (“CEQA”); and WHEREAS, pursuant to CEQA and State CEQA Guidelines, an Initial Study (“IS”) was prepared for the proposed Project and, based upon review thereof by the City as lead agency, a Notice of Intent to Adopt a Mitigated Negative Declaration was issued in accordance with CEQA Guidelines Section 15072, and a Draft Mitigated Negative Declaration No. 2398 (“MND”) was prepared for the Project and was publicly reviewed for a thirty (30) day period in accordance with CEQA, from May 22, 2026 through June 22, 2026; and WHEREAS, during the public comment period, five (5) public comments were received. The public comments received during the public review period did not warrant or result in any “substantial revision,” within the meaning of CEQA Guidelines Section 15073.5, to the MND. Although not required by CEQA, in the interests of thoroughness and transparency, responses to the public comments received have been prepared and included in the Final MND.
No “substantial revision” of the MND has been made in response to the comments or otherwise, 923
and therefore no recirculation is required pursuant to CEQA Guidelines Section 15073.5.
Responses to the comments have been added to Appendix H of the Final Mitigated Negative Declaration, and none of the comments raised any environmental concerns that have not been addressed in the Initial Study/Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City, including the public comments received, that the project may have a significant effect on the environment which cannot be mitigated or avoided, and therefore no EIR is required pursuant to CEQA Guidelines Section 15073.5; and WHEREAS, the Riverside County Airport Land Use Commission (“ALUC”) conducted a hearing on August 11, 2026, to consider the Project’s consistency with the D (Flight Corridor Buffer) Zone and determined that the Project is consistent with the March Air Reserve Base/Inland Port Airport (MARB/IPA) Land Use Compatibility Plan; and WHEREAS, Chapter 19.54 (Authority and Review Procedures) of the Perris Municipal Code (“PMC”) authorizes the City to approve, conditionally approve, or deny requests for approval of Development Plan Reviews, and PMC Chapters 18.12 and 18.16 authorize the City to review and approve, conditionally approve, or deny requests or approval of Tentative Tract Maps; and
WHEREAS, a duly noticed Planning Commission public hearing was held on July 15, 2026 and September 2, 2026, for the Project, at which time all interested persons were given full opportunity to be heard and to present evidence. Following the hearing, on September 2, 2026, the Planning Commission, by a vote of 4-0 with one abstention, approved Planning Commission Resolution 26-14, recommending adoption of the MND and approval of the Project to the City Council subject to conditions of approval; and WHEREAS, on September 29, 2026, the City Council conducted a duly noticed public hearing on the Project, at which time all interested persons were given full opportunity to be heard and present evidence; and
WHEREAS, before taking action, the City Council has heard, been presented with, and reviewed all the information and data which constitutes the administrative record for the Project, including all oral and written evidence presented to the City by members of the public and City staff during all Project meetings and hearings; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PERRIS
does find, determine and resolve as follows:
Section 1. Recitals. The above recitals are all true and correct and are incorporated herein by this reference as findings of fact.
Section 2. CEQA Findings. The City Council finds as follows with respect to the IS/MND for the Project:
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A. The City Council has considered the whole administrative record, including the IS/MND together with the comments received during the public review process and the responses thereto contained in the Final IS/MND. The City Council has also considered whether the Project will result in a safety hazard or noise problem for persons using the March Air Reserve Base/Inland Port Airport or for persons residing or working in the Project area, and finds that it will not. The findings in this Section 2 are made on the basis of the whole administrative record.
B. The IS/MND has been prepared and considered in compliance with CEQA and contains all required contents pursuant to CEQA Guidelines Section 15071.
C. With the imposition of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program (which is included in the IS/MND), there is no substantial evidence that the Project will have a significant effect on the environment. Said mitigation measures have been made enforceable conditions on the Project, as they have been included in the Project Conditions of Approval attached hereto as Attachment 2.
D. The IS/MND reflects the independent judgment and analysis of the City as lead agency.
E. The location and custodian of the documents or other material which constitute the record of proceedings upon which the City Council’s decision set forth in this Resolution is based is as follows: City of Perris Planning Division, 135 N. D St., Perris, CA 92570.
Section 3. Tentative Tract Map 22-05153 (TTM 37907). The City Council finds, with respect to Tentative Tract Map 22-05153 (TTM 37907), that:
1. The proposed map is consistent with the applicable General Plan and Specific Plans.
The proposed Tentative Tract Map is consistent with the City’s General Plan because the subdivision would create residential lots within an area designated for residential development. The Project site has a General Plan land use designation of R-6,000, which allows residential development at a density of up to seven dwelling units per acre. The proposed subdivision would create 91 residential lots on the Project site, resulting in a density of approximately 6.71 dwelling units per acre, which is within the density range allowed by the General Plan. The proposed subdivision also includes lettered lots for private streets, common open space, recreational amenities, and drainage facilities, which support the orderly subdivision and residential use of the property. The Project is not located within a specific plan area.
2. The design and improvement of the proposed subdivision is consistent with the applicable General Plan and Specific Plans.
The project is not within a Specific Plan Area. The design and improvement of the proposed subdivision is consistent with the applicable General Plan Circulation Plan, Housing Element, and Safety Element policies outlined below:
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• Safety Element:
Policy S-2.1 – Require road upgrades as part of new developments/major remodels to ensure adequate evacuation and emergency vehicle access. Limit improvements for existing building sites to property frontages.
Policy S-6.1 – Ensure new development complies with the development requirements of the AICUZ Land Use Compatibility Guidelines and ALUP Airport Influence Areas for March Air Reserve Base.
Policy S-6.3 – Effectively coordinate with March Air Reserve Base on development within its influence areas.
• Housing Element:
Policy 1.2 - Promote development within the City that provides a variety of housing types and densities based on the suitability of the land, including the availability of infrastructure, the provision of adequate services, and recognition of environmental constraints.
3. The site is physically suitable for the type of development.
The site is physically suitable for residential development since it is surrounded on two sides by existing single-family neighborhood developments to the north and west, and on an additional two sides by similar housing projects that were previously approved to the south and east.
4. The site is physically suitable for the proposed density of the development.
As noted above, the Project site is physically suitable for the density of the proposed single-family community. The Project site has a General Plan land use designation of R-6,000 and is zoned R-6,000, which allows residential development at a density of four (4) to seven (7) dwelling units per acre. The Project proposes 91 detached singlefamily residential units at a density of 6.71 dwelling units per acre, which is within the density range allowed by the R-6,000 designation and zone. The Planned Development Overlay Zone allows flexibility with lot size, lot dimensions, and setback requirements.
As proposed, the Project includes residential lots ranging from 3,769 to 6,713 square feet, lot widths ranging from 47 to 52 feet, and lot depths of 80 feet, with certain setbacks. The Project has been designed to be consistent with all applicable City Code requirements through the application of the Planned Development Overlay Zone 22- 05152 to the proposed R-6,000 Zone. Furthermore, the Project complies with required amenities, landscaping, and parking standards, as noted in the staff report.
5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
926
The potential environmental impacts associated with the Project were evaluated in the IS/MND, and it has been determined that with the incorporation of the mitigation measures which are included as enforceable conditions of approval, the Project will not cause any significant impacts on biological resources.
6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
An IS/MND has been completed in compliance with the California Environmental Quality Act (CEQA) Guidelines. The IS/MND concluded that the Project will not cause significant human health or cancer risk to sensitive receptors.
7. The design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision.
The design of the subdivision or any type of improvements will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision.
8. All requirements of CEQA have been met.
As mentioned above, an IS/MND has been prepared to comply with the California Environmental Quality Act (CEQA) Guidelines. Therefore, all requirements of CEQA have been met.
9. The discharge of waste from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by a state regional water quality control board pursuant to division 7 (commencing with section 13000) of the Water Code.
The Project will receive sewer service from the Eastern Municipal Water District and will be required to comply with applicable sewer, stormwater, and water quality requirements. This proposed development is required to comply with all provisions of City of Perris Ordinance Number 1194, which establishes stormwater and urban runoff management and discharge controls to improve water quality and comply with federal regulations, as well as any subsequent amendments, revisions, or ordinances pertaining thereto. Therefore, a Pre-WQMP (Water Quality Management Plan) has been prepared.
The structural BMPs selected for the Project have been approved in concept. The owner is required to submit a final WQMP including plans and details providing the elevations, slopes, and other details for the proposed structural BMPs, including three Modular Wetlands Systems, self-retaining landscape, and covered trash enclosures. The Public Works Department shall review and approve the final WQMP text, plans, and details.
Therefore, the Project will comply with the requirements of the Santa Ana Regional Water Quality Control Board.
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Section 5. Development Plan Review 22-00014. The City Council finds, with respect to DPR 22-00014, that:
1. The location, size, design, density, and intensity of the proposed development and improvements are consistent with the City's General Plan, any applicable specific plans, the purposes and provisions of PMC title 19, the purposes of the zone in which the site is located, and the development policies and standards of the City.
The R-6,000 Zone and General Plan Designation of R-6,000 provides for duplexes, townhomes, and single-family detached residential development at a density of 4-7 dwelling units per acre. There is no applicable specific plan. The Project, as designed, proposes 6.71 dwelling units per acre, which supports single-family detached development by allowing smaller lots than normally associated with a typical R-6,000 subdivision. The proposed Project is consistent with the General Plan, the R-6,000 zone (with application of PD 22-05152), and the existing land uses in the area, which is located in Planning Area 7 of the City’s General Plan, which anticipates mostly singlefamily development within the R-4,000, R-6,000, R-10,000 and Rural Residential zones.
The Project also furthers and is consistent with the applicable General Plan policies identified and analyzed in Table 11 of the IS/MND, including policies related to housing production and residential design, infrastructure and service adequacy, circulation improvements, biological and cultural resource protection, water quality and stormwater management, energy conservation, noise compatibility, emergency access, flood and fire safety, airport land use compatibility, parkland/open space requirements, construction emissions reduction, compatibility with surrounding uses, and pedestrian and bicycle infrastructure.
The Project will also be consistent with the requested Planned Development Overlay Zone standards. Additionally, the Project is consistent with the City’s Residential Design Guidelines adopted on September 6, 2023, including consistency with Chapter 2 (General Design Guidelines), Chapter 3 (Single Family Design Guidelines), and Chapter 7 (Architectural Style Guidelines). The location, size, design, density, and intensity of the proposed development and improvements are consistent with the City's General Plan, the R-6,000 Zone (with PD 22-05152), and provisions of the Perris Municipal Code.
2. The subject site is physically suitable, including but not limited to parcel size, shape, access, and availability of utilities and services, for the type of development proposed.
The overall Project, as conditioned, will be in accordance with the standards of the underlying R-6,000 Zone. The proposed Project is physically suitable in terms of parcel size, shape, access, and availability to utilities and services, including (without limitation) for the reasons discussed above. The Project site is situated along “A” Street and McKimball Road. The main access driveway is provided off of “A” Street, and lines 928
up with that of an approved apartment development to the east across “A” Street. An internal “ring-road” with two additional interior streets provide access to each lot. Street improvements on all roadways surrounding the site will include curb/gutter and sidewalk and street pavement improvements on “A” Street and McKimball Road are a requirement of the development. The Project includes an on-site private drainage facility in the form of an approximately 4,000 square foot drainage basin. Water and sewer would be provided to the Project site by the Eastern Municipal Water District.
Electricity would be supplied by Southern California Edison. Natural gas would be provided to the Project site by SoCal Gas.
3. The proposed development and the conditions under which it would be operated or maintained is compatible with abutting properties and will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.
As conditioned, the proposed Project will not be detrimental to the public health, safety or welfare or injurious to property and improvements in the vicinity or to the City's general welfare in that the Project is designed in conformance with the General Plan and the City’s Residential Design Guidelines. The Project is compatible with surrounding properties because the Project site is surrounded by residential and residentially planned uses, including existing single-family residences to the north, single-family residences and vacant land to the west, an approved single-family residential development under construction to the south, and an approved multi-family residential development to the east. The Project proposes detached single-family residential units at a density of 6.71 dwelling units per acre, which is within the density range allowed by the R-6,000 General Plan land use designation and underlying R-6,000 Zone (up to seven units per acre). The Project also includes perimeter walls, landscaping, private streets, recreational amenities, and is subject to the Conditions of Approval and compliance with applicable development standards, which will help ensure that the Project is operated and maintained in a manner compatible with adjacent residential uses.
Therefore, the Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. These standards include setbacks, building height, parking, and landscaping, and will integrate into the existing fabric of residential development contemplated for the area.
4. The architecture proposed is compatible with community standards and protects the character of adjacent development.
The proposed architecture meets the City’s design standards for single-family residential development, thereby protecting the character of the R-6,000 Zone; therefore, it is compatible with community standards and protects the character of adjacent development. Enhanced architecture, site design, and landscaping have been provided for the Project. The Project proposes three (3) different floor plans with two (2) distinct architectural styles for each. The Project proposes using high-quality materials for each product type, including stucco finishes, stacked stone and board and batten siding. The 929
Project clubhouse is designed to complement the area’s rich agricultural history and includes stacked stone and board and batten siding as well as a high-pitched roof and rolling barn door. The proposed color palette and materials provide a variety and interest using color tones ranging from light tones to dark accents to help accentuate the proposed residential buildings.
5. The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment.
The proposed Project includes 13% landscape coverage including front-yard landscaping, recreation area landscaping, exterior treatments along both roadways, entrance landscaping, and plant materials providing a mix of native and drought-tolerant trees, shrubs, ground cover, and annual color throughout the site to ensure visual relief and effectively frame, soften, and embellish access points, building entries, parking areas, amenities, and open spaces. All trees proposed for the development include 36”- box-sized street trees, 48”-box-sized entrance trees, 36”-box-sized front yard street trees, and 20”-box-sized trees in slope areas.
6. The safeguards necessary to protect public health, safety, and general welfare have been required for the proposed Project.
The proposed Project provides the safeguards necessary to protect the public health, safety, and general welfare through the Conditions of Approval, which are attached hereto and incorporated herein by this reference as Attachment 2, and mitigation measures found in Mitigated Negative Declaration No. 2398 and the included MMRP, which are incorporated herein by this reference, which will ensure that the Project is developed in compliance with City and affected service agency codes and policies and mitigates potential impacts to the environment.
Section 6. Based upon the foregoing and the entire administrative record including all oral and written statements and reports presented by City staff and members of the public, including, but not limited to, all such statements and reports (including all attachments and exhibits) presented at its public hearing on September 29, 2026, the City Council adopts Mitigated Negative Declaration No. 2398 and the included MMRP, attached to this Resolution as Attachment 1 and incorporated herein by this reference, for Tentative Tract Map 22-05153 (TTM 37907) and Development Plan Review (DPR) 22-00014.
Section 7. Based upon the foregoing and all oral and written communication submitted by members of the public and City staff, including, but not limited to, all such statements and reports (including all attachments and exhibits) presented at its public hearing on September 29, 2026, the City Council approves Tentative Tract Map 22-05153 (TTM 37907) and Development Plan Review (DPR) 22-00014, subject to the Conditions of Approval attached to this Resolution as Attachment 2 and incorporated herein by this reference.
Section 8. The City Council declares that should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any court of 930