01/12/2016CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JANUARY 12, 2016
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If
you require special assistance to participate in this meeting, please call the City Clerk’s
office at (909) 824-6621 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request
to Speak Form available at the entrance and present it to the City Clerk. Speakers will
be called upon by the Mayor at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this
agenda will be made available for public inspection in the City Clerk’s office at City Hall
located at 22795 Barton Road during normal business hours. In addition, such
documents will be posted on the City’s website at www.grandterrace-ca.gov
<http://www.grandterrace-ca.gov>
CALL TO ORDER
Convene City Council and City Council as the Successor Agency to the Community
Redevelopment Agency
Invocation
Pledge of Allegiance
ROLL CALL
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Sylvia Robles
Council Member Jackie Mitchell
Council Member Doug Wilson
Council Member Bill Hussey
A. SPECIAL PRESENTATIONS - NONE
B. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
Agenda Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 2
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 11/24/2015
DEPARTMENT: CITY CLERK
3. Monthly Financial Report for November 2015
RECOMMENDATION:
Receive and file the Monthly Financial Report for the period ending November 30, 2015.
DEPARTMENT: FINANCE
C. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Doug Wilson
Council Member Jackie Mitchell
Mayor Pro Tem Sylvia Robles
Mayor Darcy McNaboe
E. PUBLIC HEARINGS
To speak on Public Hearing Items, please fill out a Request to Speak Form and give it
to the City Clerk. Each person will be allowed 3 minutes to address the City Council. If
you challenge in court any action taken concerning a Public Hearing item, you may be
limited to raising only those issues you, or someone else, raised at the Public Hearing
described in this notice or in written correspondence delivered to the City at, or prior to,
the Public Hearing.
Agenda Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 3
4. Zoning Code Amendment 15-04/Relocating and Amending the Existing Prohibition of
Marijuana Dispensaries to the Zoning Code and an Amendment to Chapter 5.90 to Title
5 Prohibiting Issuance of a Business License for Medical Marijuana Dispensaries
RECOMMENDATION:
1. Conduct a public hearing; and
2. Determine that this Ordinance is exempt from review pursuant to Section
15061(b)(3) of the California Environmental Quality Act Guidelines found in Title 14
of the California Code of Regulations; and
3. Read by Title only, Waive further Reading and Introduce AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE TO AMEND THE GRAND
TERRACE MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5
PROHIBITING ISSUANCE OF BUSINESS LICENSE FOR MEDICAL MARIJUANA
DISPENSARIES AND RECHAPTERING AND AMENDMENT OF CHAPTER 9.28
OF TITLE 9 TO NEWLY CREATED CHAPTER 18.91 OF TITLE 18 TO PRESERVE
LOCAL AUTHORITY TO REGULATE AND PROHIBIT MEDICAL MARIJUANA
DISPENSARIES AND CULTIVATION
DEPARTMENT: COMMUNITY DEVELOPMENT
F. UNFINISHED BUSINESS
5. Truck Route Ordinance
RECOMMENDATION:
Read by Title Only, Waive Further Reading and Adopt Ordinance No.____, An
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING CHAPTER
10.04 OF TITLE 10 OF THE GRAND TERRACE MUNICIPAL CODE BY
RELOCATING AND RENUMBERING ARTICLE X VIOLATIONS IN ITS ENTIRETY AS
ARTICLE XI AND REPLACING ARTICLE X IN ITS ENTIRETY WITH A NEW
ARTICLE X ENTITLED DESIGNATED TRUCK ROUTE
DEPARTMENT: COMMUNITY DEVELOPMENT
G. NEW BUSINESS
6. Award of January-2016 Community Benefit Funds to the Grand Terrace Little League
RECOMMENDATION:
Approve the award of $2,000.00 of the City’s Community Benefits Fund to the Grand
Terrace Little League to help fund equipment and supplies needed for the 2016 Little
League Season.
DEPARTMENT: FINANCE
Agenda Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 4
7. Approval of a Contractor Agreement Between The City of Grand Terrace and Clean
Street for Street Sweeping Services
RECOMMENDATION:
1. Reject the non-responsive bid from Kellar Sweeping; and
2. Award Street Sweeping Contractor Agreement to Clean Street, the lowest,
responsive bidder; and
3. Authorize the City Manager to Execute the Agreement.
DEPARTMENT: COMMUNITY DEVELOPMENT
8. Approve Funding Agreement and Lease Agreement with Valley Transportation Service
(VTrans) for Grand Terrace Senior Transportation Program
RECOMMENDATION:
1. Approve Funding Agreement with VTrans for Grand Terrace Senior Transportation
Program; and
2 Approve Lease Agreement for VTrans Passenger Bus for Grand Terrace Senior
Transportation Program
DEPARTMENT: COMMUNITY DEVELOPMENT
9. Adoption of a Resolution Declaring the City's Intent to Participate in the National Flood
Insurance Program Adopting and Urgency Ordinance and Introduce a Second
Ordinance Amending Title 15 Establishing Chapter 15.62 Floodplain Management
RECOMMENDATION:
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DECLARING THE CITY’S INTENT TO PARTICIPATE
IN THE NATIONAL FLOOD INSURANCE PROGRAM AND AUTHORIZING
APPLICATION FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE
PROGRAM
2. Read by title only, waive further reading and Adopt AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,
PURSUANT TO SECTION 36937 OF THE CALIFORNIA GOVERNMENT CODE
BY ADDING A NEW CHAPTER TO TITLE 15 BUILDINGS AND CONSTRUCTION
OF THE GRAND TERRACE MUNICIPAL CODE FOR THE IMMEDIATE
PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY
3. Read by title only, waive further reading and Introduce an ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ADDING A
NEW CHAPTER TO TITLE 15 BUILDINGS AND CONSTRUCTION OF THE
GRAND TERRACE MUNICIPAL CODE
DEPARTMENT: COMMUNITY DEVELOPMENT
Agenda Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 5
10. CONSIDER ELIMINATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT
AND CREATE TWO NEW DEPARTMENTS. PLANNING AND DEVELOPMENT
SERVICES (TO INCLUDE PLANNING, BUILDING AND CODE ENFORCEMENT) AND
THE DEPARTMENT OF PUBLIC WORKS (TO INCLUDE ENGINEERING, STREETS,
INFRASTRUCTURE, PUBLIC WORK, PARKS AND FACILITY MAINTENANCE).
CONSIDER APPROVAL NEW JOB CLASSIFICATION AND ADDITIONAL BUDGET
APPROPRIATIONS TO SUPPORT THE NEW DEPARTMENTS.
RECOMMENDATION:
1. Adopt a Resolution (Attachment X) amending the Authorized Summary of Positions
Section of the 2015/16 Budget approving the City Manager’s reorganization request
by eliminating the Community Development Director and Senior Engineer Positions
from the 2015/16 budget and adding the Director of Planning and Development
Services, Public Works Director, Building Official and the Code Enforcement
Specialist (weekend) positions to the 2015/16 Authorized Summary of Position list in
the 2015/16 budget, effective March 1, 2016. Approve functions for each department
as identified in attachment I and II; and
2. Approve the job description for Director of Planning and Development Services and
Director of Public Works (Attachment VII) and;
3. Adopt a Resolution (Attachment VIII) rescinding the current Classification/Salary
ranges for the City Employees and adopting a new Classification/Salary ranges for
the City Employees including the approval of Salary Ranges for Director of Planning
and Development Services (R40), which is consistent with the survey Mean Max of
Contract Cities; and approve a range of R42 which is 90% of the survey Mean Max
for Public Works Director surveyed, effective March 1, 2016; and
4. Acknowledge that the Director of Planning and Development Services and the
Director of Public Works positions are At-Will positions and as provided in Section
2.24.020(E) of the Grand Terrace Municipal Code; and
5. Direct City Manager to return within 30 days with report to modify Municipal Code to
provide separation agreements of 3 months for existing employees that assume at-
will positions and authorize the City Manager to enter into separation agreements
containing a severance payment of no more than 3 months for future at-will
employees; and
6. Authorize the appropriation of $55,800 From the Gas Tax Fund (Attachment IX) for
salary increases and budget adjustments for positions in the Planning and
Development Services Department and Public Works Department.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 6
11. Economic Development Incentive Agreement with OneSource Distributors
RECOMMENDATION:
1. Authorize the City Manager to Negotiate the Economic Development Incentive
(EDI) Package with OneSource Distributors and
2. Set a Public Hearing to comply with Government Code 53083 for January 26,
2016.
DEPARTMENT: CITY MANAGER
12. Adopt Urgency Ordinance and Introduce a Second Ordinance Amending Title 10 to Add
Section 10.04.462 to the Grand Terrace Municipal Code
RECOMMENDATION:
1. Read by title only, waive further reading and Adopt AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,
PURSUANT TO SECTION 36937 OF THE CALIFORNIA GOVERNMENT CODE BY
ADDING SECTION 10.04.462 TEMPORARY NO PARKING TO TITLE 10 OF THE
GRAND TERRACE MUNICIPAL CODE FOR THE IMMEDIATE PRESERVATION
OF THE PUBLIC PEACE, HEALTH AND SAFETY
2. Read by title only, waive further reading and Introduce AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADDING
SECTION 10.04.462 TEMPORARY NO PARKING TO TITLE 10 OF THE GRAND
TERRACE MUNICIPAL CODE
DEPARTMENT: COMMUNITY DEVELOPMENT
H. CITY MANAGER COMMUNICATIONS
I. CLOSED SESSION – NONE
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, January 26, 2016 at
6:00 p.m.
Agenda item requests must be submitted in writing to the City Clerk’s office no later
than 14 calendar days preceding the meeting.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● NOVEMBER 24, 2015
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor McNaboe called the meeting to order at 6:00 p.m.
Invocation was given by Pastor Alger Keough of Azure Hills Seventh-Day Adventist
Church.
Pledge of Allegiance was led by Council Member Mitchell.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Sylvia Robles Mayor Pro Tem Present
Jackie Mitchell Council Member Present
Doug Wilson Council Member Present
Bill Hussey Council Member Present
G. Harold Harold Duffey City Manager Present
Richard Adams City Attorney Present
Linda Phillips Child Care Present
Sandra Molina Community Development Director Present
Cynthia Fortune Finance Director Present
Steve Lasiter Battalion Chief Present
Steve Dorsey Captain Present
Ray Mariedth Sergeant Present
A. SPECIAL PRESENTATIONS - NONE
B. CONSENT CALENDAR
APPROVED ALL CONSENT CALENDAR ITEMS
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED FULL READING OF ALL ORDINANCES ON THE AGENDA
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Minutes Grand Terrace City Council November 24, 2015
City of Grand Terrace Page 2
2. Monthly Financial Report for October 2015
RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD
ENDING OCTOBER 31, 2015.
C. PUBLIC COMMENT
Anthony Cortez, Chamber of Commerce President, announced the member of the
month Sandals Church. He further announced their annual holiday contest was open to
residents and businesses. The voting would take place on December 19 and 20, 2015,
the applications were available at the Chamber and on their website. Mr. Cortez further
stated that the Small Business Saturday was scheduled for November 28, 2015 and
encouraged everyone to shop local.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone that attended the meeting. He attended the
Freedom Wall dedication it was a very nice event at Pico Park. He also thanked
everyone involved with the Freedom Wall project. Council Member Hussey commended
the second graders from Terrace View Elementary for their letters to our Veterans. He
requested that they be recognized by the City. He also attended a meet and greet at Mr.
Morales' house where Assembly Member Brown and Senator Leyva were also in
attendance. Council Member Hussey attended the Titan and City of Monrovia CIF
football game. He announced that his son had gotten married on Saturday and
congratulated City Attorney Adams on his daughter's nuptials. He wished everyone a
happy and safe Thanksgiving.
Council Member Doug Wilson
Council Member Wilson echoed Council Member Hussey's sentiments on the Freedom
Wall event. He showed a picture of Jeffrey McConnell and his father which were also
able to attend the Freedom Wall Dedication event. He also wished everyone a happy
Thanksgiving.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone that attended the meeting. She also
attended the Veteran's Freedom Wall Dedication Ceremony, it was a great event, and
thanked everyone involved. Council Member Mitchell wished everyone a happy
Thanksgiving.
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Minutes Grand Terrace City Council November 24, 2015
City of Grand Terrace Page 3
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles she enjoyed the Veteran's Freedom Wall Dedication Ceremony.
She provided a history of her family and her family members that were Veterans. Mayor
Pro Tem Robles also attended the meet and greet for Mr. Ramos. She attended the
Lion's Club Pot of Gold Dinner it was a great event. Mayor Pro Tem Robles stated it
was her father's 60th passing anniversary and wished everyone a happy Thanksgiving.
Mayor Darcy McNaboe
Mayor McNaboe enjoyed the unveiling of the Veteran's Wall of Freedom. She thanked
everyone that attended the ceremony including all of the dignitaries. Mayor McNaboe
attended the SANBAG - Metro Valley Study Session on November 12, 2015 items
discussed as follows:
- Closed session - Conference with Real Property Negotiators regarding 1 property -
21900 Barton Road in Grand Terrace.
- Consent - Project delivery change orders for on-going SANBAG projects
- Discussion - Project Delivery
- Recommended approval of 1-215 Bi-County Project Right of Way Cooperative
Agreement Amendment/This is the HOV lane completion between Riverside and San
Bernardino - Increase in funding allocation for the right-of-way phase - mostly needed
for utility relocation
- Recommended approval of Financial Advisor Services for the 1-10 and 1-15 Corridor
Projects - This is part of the proposed HOV and Express Lane projects
- Reviewed and recommended for approval the Preview of the Hearings to Consider
Resolutions of Necessity for Parcels for the Interstate 215 Barton Road Interchange
Improvement Project in the City of Grand Terrace (eminent domain proceedings on
two properties).
- Reviewed and recommended for approval the California Department of Toxic
Substance Control Agreement for the 1-215 Barton Interchange Project.
- Recommended for approval SR-210 Lane Addition and Base Line Interchange Project
- Recommended approval of SR210/Baseline Avenue Term Loan Agreement with the
City of Highland.
Mayor McNaboe also attended the Oversight Board Meeting on November 18, 2015 -
Approval of Professional Services Agreement with RSG Group, Inc. for Long Range
Property Management Plan Services - Meeting was adjourned for lack of a quorum. The
next meeting was scheduled for December 2, 2015.
Mayor McNaboe further stated that she and City Manager Duffey met with Mayor Baily
of Riverside, General Manager of Riverside Public Utilities, Deputy General Manager -
member of GAGE Canal Board, Interim Public Works Director, Planning Director and a
member of Riverside Public Utilities board. The meeting was set to discuss Grand
Terrace's desire to consider the Gage Canal as it runs through the City as a linear park.
The recent ATP grant received covers the cost of performing a feasibility study for
active transportation, recreation, and safe routes to school within the City. The Gage
Canal as a linear park is an integral part of the ideas described in the grant proposal. It
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Minutes Grand Terrace City Council November 24, 2015
City of Grand Terrace Page 4
was a successful meeting. We learned history of the Gage Canal, we learned how the
City of Riverside has created linear parks in Riverside where the canal is covered as it
is in Riverside. They were very supportive of Grand Terrace creating more parkway on
the Gage Canal and gave an overview of the steps that would need to be taken if we
were going to move past the feasibility stage.
She further reported that the City Selection Committee met on November 4, 2015 and
elected Larry McCallon, Mayor of Highland, as the representative to the South Coast Air
Quality Management District for this region. Mayor McNaboe wished everyone a
blessed Thanksgiving.
E. PUBLIC HEARINGS – NONE
F. UNFINISHED BUSINESS
3. Amendment to Chapter 5.80 (Non-Owner Occupied/Rental Property Program)
Council Member Mitchell read by title only Ordinance No. 286:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING SECTION
5.80.050 AND 5.80.060 OF CHAPTER 5.80 (NON-OWNER OCCUPIED/RENTAL
PROPERTY PROGRAM) OF TITLE 5 OF THE GRAND TERRACE MUNICIPAL CODE
ADOPT ORDINANCE NO. 286; AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA AMENDING SECTIONS 5.80.050 AND 5.80.060 OF CHAPTER 5.80
(NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM) OF TITLE 5 OF THE
GRAND TERRACE MUNICIPAL CODE
RESULT: APPROVED [4 TO 1]
MOVER: Jackie Mitchell, Council Member
SECONDER: Bill Hussey, Council Member
AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Bill Hussey
NAYS: Doug Wilson
G. NEW BUSINESS
4. Committee for Naming or Renaming City Facilities (City-owned land, buildings and
facilities)
City Manager Duffey provided a brief summary of this item.
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Minutes Grand Terrace City Council November 24, 2015
City of Grand Terrace Page 5
FORWARD THE REQUEST FOR THE RENAMING OF PICO PARK TO COUNCIL
FACILITY NAMING COMMITTEE. APPOINTED COMMITTEE MEMBERS ARE
COUNCIL MEMBER HUSSEY AND MAYOR PRO TEM ROBLES.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
5. Mayor's Appointment to the Oversight Board
City Manager Duffey presented this item.
RESOLUTION NO. 2015- 36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, RATIFYING AND APPROVING THE
APPOINTMENT BY THE MAYOR OF THE CITY OF GRAND TERRACE OF ONE
MEMBER TO THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY FOR THE
FORMER GRAND TERRACE REDEVELOPMENT AGENCY PURSUANT TO
HEALTH & SAFETY CODE SECTION 34179
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
6. I-215/Barton Road Interchange Decorative Street Lighting Council Direction
Community Development Director Molina provided a summary of the PowerPoint
Presentation for this item.
INFORM SANBAG THAT THE LIGHTING SCHEME WAS ACCEPTABLE AND TO
ASK SANBAG TO PROVIDE THE ADDITIONAL LIGHTING FOR THE NEW STREET
IMPROVEMENTS ALONG THIS CORRIDOR (VIVIENDA/BARTON).
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey stated that the City needed 100 people on their YouTube channel
to have its own URL. The City currently needed 78 more subscriptions to meet this
requirement. He encouraged everyone to go to the City's Website and subscribe to
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Minutes Grand Terrace City Council November 24, 2015
City of Grand Terrace Page 6
YouTube. Mr. Duffey reminded everyone that City Hall would be closed on Wednesday,
November 25, Thursday, November 26, and Friday, November 27, 2015. For
emergencies, call City Hall and the appropriate on-call staff would handle the issue. He
further announced the Light Up Grand Terrace Christmas Tree Lighting Event
scheduled for December 3, 2015 at 5:00 p.m. on the Corner of Palm and Barton Road.
RECESS TO CLOSED SESSION
Mayor McNaboe recess the City Council into Closed Session at 6:40 p.m. to discuss the
items as listed on the agenda.
I. CLOSED SESSION
7. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6
Agency Negotiator: G. Harold Duffey, City Manager
Unrepresented employee: Child Care Employees
8. Public Employee Performance Evaluation - Pursuant To Government Code Section
54957(b) (1) Title: City Manager
RECONVENE TO OPEN SESSION
Mayor McNaboe reconvened the City Council to Open Session at 7:05 p.m.
REPORT OUT OF CLOSED SESSION
Mayor McNaboe reported that in relation to both the Conference with Labor Negotiators
and Public Employee Evaluation there was no reportable action taken.
ADJOURN
Mayor McNaboe adjourned the meeting at 7:07 p.m.
The Next Regular City Council Meeting will be held on Tuesday, December 8, 2015 at
6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Monthly Financial Report for November 2015
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Receive and file the Monthly Financial Report for the period
ending November 30, 2015.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
The Finance Department has developed a Monthly Financial Report (MFR), which will
be submitted to the City Council each month. The attached MFR is for the period
ending November 30, 2015. The purpose of the MFR is to identify actual revenues
received, and expenditures incurred, for the current fiscal year and compare them to the
Approved Budget and fiscal year-to-date (YTD) expected amounts. The MFR
encompasses the City’s two major funds: General Fund and Child Care Fund.
DISCUSSION:
The Fiscal Year (FY) 2015-16 Approved Budget amounts are presented in the attached
MFR for reference purposes. Any adjustments to the Approved Budget that may occur
during the fiscal year will also be reflected in the report. The “expected” revenues
reflect an analysis of revenue receipts that have, historically, been received as of this
month in the fiscal year. The resulting positive or negative variances shown in the MFR
are in comparison to these “expected” receipts.
The timing of expenditures is more evenly distributed during the fiscal year than
revenue receipts; however, it is not entirely straight-line in nature. For example, some
months have three pay periods rather than two. Also, debt service payments are only
made twice a year. Additionally, certain expenditure postings, such as the cost
allocation plan, are made quarterly rather than monthly. All of these factors are
reflected in the YTD “expected” expenditures shown in the MFR.
As part of the MFR, staff will include explanations of significant variances between YTD
actual revenues and expenditures, and those that are “expected” at that point in the
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fiscal year. This analysis and reporting process is intended to keep the City Council
informed regarding the City’s financial position relative to the budget, and to identify any
financial issues or concerns that arise during the fiscal year so appropriate and timely
action can be taken in response to these variances.
When reviewing the charts that provide the current monthly status of both revenues and
expenditures, it is helpful to bear in mind that some of the fluctuations from month to
month may be due to the following:
Invoices were not submitted to the City in a timely manner; and
Invoices may have required further review by the authorizing department.
In addition, the MFR has been redesigned to provide more transparency by providing
charts that compare actual receipts and expenditures against expected and approved
budgets. Each category has 2 charts:
1. the 1st chart shows the actual receipts or expenditures incurred for the current
fiscal year (FY2015-16) and is compared to the prior year (2014-15) actuals; and
2. the 2nd chart shows the total annual amounts incurred, for the current year, the
prior year and is compared to the “expected” amounts for the current year.
FISCAL IMPACT:
GENERAL FUND
Revenues
The City’s General Fund revenue receipts of $762494 through November are slightly
below the expected amount of $772865, reflecting a minor negative variance of
$10,371. Below are the General Fund’s revenue categories and the status of each
revenue line item:
Revenue
November
YTD
Actuals Status
Property Tax $66,228 Minimal variance from expected revenues
Residual Receipts - RPTTF 0 No variance from expected revenues
Franchise Fees 109,655 Minimal variance from expected revenues
Licenses, Fees & Permits 72,304
Lower by $11k from expected; reduction in
construction permits compared to last fiscal
year
Sales Tax 128,595
Lower by $25k from expected; the City’s sales
tax consultant is projecting $50,000 less than
originally budgeted
Intergovernmental Revenue/Grants 0 Minimal variance from expected revenues
Charges for Services 35,963 Minimal variance from expected revenues
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Fines & Forfeitures 23,575
Higher by $10k due to increased code
enforcement activities
Miscellaneous 17,801
Higher by $13k due to reimbursement receipt of
state mandated claims (SB90) submitted to the
State Controller's Office prior to 2004.
Use of Money & Property 8,372 Minimal variance from expected revenues
Waste Water Receipts 300,000 No variance from expected revenues
TOTAL $762,494
Expenditures
General Fund expenditures of $1,412,285 are below the expected amount of
$1,469,015 reflecting a positive variance of $56,730. Below are the General Fund’s
expenditure categories and the status of each expenditure line item:
Expenditure
November
YTD
Actuals Status
Salaries $257,117 Minimal variance from expected expenditures
Benefits 111,550
Retirement Benefits are less due to the
payment of the City's CalPERS liability in
FY2014-15; however a lump-sum payment will
be due to CalPERS at the end of the fiscal year
Professional/Contractual
Services 1,154,416
Payments for professional services were
processed later this current year than that of
last fiscal year.
Materials & Supplies 67,865 Minimal variance from expected expenditures
Lease of Facility/Equipment 2,258 Minimal variance from expected expenditures
Equipment 0 No variance from expected expenditures
Capital Projects 0 No variance from expected expenditures
Utilities 52,334 Minimal variance from expected expenditures
Debt Service 127,424 Minimal variance from expected expenditures
Overhead Cost Allocation (70,434) No variance from expected expenditures
Transfers Out 22,875 Minimal variance from expected expenditures
$1,725,405
CHILD CARE FUND
The Child Care Fund’s revenue receipts of $388,111 are below the expected level of
$499,818. The Child Care Services Department has seen a decline in child care enrollment
within the last few months. This is primarily due some parents losing employment and some
families whose jobs have them relocating to other communities.
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To address this deficit, the department has implemented cost-cutting measures in response to
declining revenues. These include:
1. Increased reduction in staff hours when attendance is down & administration can
cover;
2. Diligent monitoring of expenditure program materials & supplies.
Flyers have been created and sent to the residents of Grand Terrace, Colton, Highland as well
as Riverside informing them of our great child curriculum which places an emphasis on growth
and development.
Child Care expenditures of $396,808 are below the expected level of $454,573 reflecting a
positive variance of $57,765.
ATTACHMENTS:
Monthly Financial Report November2015 (PDF)
APPROVALS:
Cynthia Fortune Completed 01/04/2016 4:35 PM
Finance Completed 01/04/2016 4:35 PM
City Attorney Completed 01/05/2016 3:10 PM
City Manager Completed 01/06/2016 9:20 AM
City Council Pending 01/12/2016 6:00 PM
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City of Grand Terrace
Monthly Financial Report
For the Period Ending
November 30, 2015
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Table of Contents
GENERAL FUND
Revenue Summaries
Revenue Assumptions ........................................................................................... 4
Revenue Monthly Financial Detail ......................................................................... 5
Revenue Monthly History:
Property Tax ................................................................................................... 6
Sales Tax ........................................................................................................ 7
Licenses, Permits & Fees ............................................................................... 8
Franchise Fees ............................................................................................... 9
Expenditure Summaries
Expenditure Assumptions ...................................................................................... 12
Expenditure Monthly Financial Detail by Department ............................................ 13
Expenditure Monthly History by Department:
General Government Departments ................................................................. 14
Community Development ................................................................................ 15
Finance ........................................................................................................... 16
Public Safety ................................................................................................... 17
Expenditure Monthly Financial Detail by Category ................................................ 20
Expenditure Monthly History by Category:
Salaries ........................................................................................................... 21
Benefits ........................................................................................................... 22
Professional/Contractual Services .................................................................. 23
Materials & Supplies ....................................................................................... 24
CHILD CARE FUND
Revenue and Expense Summary by Category ........................................................... 26
Revenue and Expense Monthly History ...................................................................... 27
Revenue and Expense Monthly History ...................................................................... 28
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GENERAL FUND REVENUE
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REVENUE ASSUMPTIONS:
1. Property Tax receipts are usually received twice a year: in December
and May.
2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF)
receipts are received twice a year: June for the July - December period
and January for the January - June period.
3. Franchise Fee receipts are received monthly and quarterly; usually 30 -
45 days after the month or quarter end.
4. Sales Tax receipts are received monthly; the State distributes
(advances) sales tax revenues usually 60 days after the close of the
month; then has a quarterly “true-up.”
5. Waste Water receipts are received annually, usually at the first month
of the fiscal year.
6. All other receipts are based on historical receipt pattern.
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REVENUES
Revenue
Approved
Budget
November
YTD
Expected
Receipts
Nov.
YTD
%
Approved
Budget
November
YTD
Actuals
Nov.
YTD
%
Approved
Budget
Positive
(Negative)
Variance
from
YTD
Expected
Tax Property Tax 1,551,518 65,431 4.2%66,228 4.3%797
TF Residual Receipts - RPTTF 860,077 0 0.0%0 0.0%0
ees Franchise Fees 495,000 103,270 20.9%109,655 22.2%6,385
mits Licenses, Fees & Permits 308,300 83,463 27.1%72,304 23.5%(11,159)1
Tax Sales Tax 900,000 153,564 17.1%128,595 14.3%(24,969)2
nts Intergovernmental Revenue/Grants 5,000 4,583 91.7%0 0.0%(4,583)
ces Charges for Services 104,000 35,885 34.5%35,963 34.6%78
res Fines & Forfeitures 36,800 13,496 36.7%23,575 64.1%10,080 3
ous Miscellaneous 5,000 4,230 84.6%17,801 356.0%13,571 4
erty Use of Money & Property 22,840 8,944 39.2%8,372 36.7%(572)
pts Waste Water Receipts 300,000 300,000 100.0%300,000 100.0%04,588,535 772,865 16.8%762,494 16.6%(10,371)
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City of Grand Terrace
FY 2015-16 General Fund Monthly Financial Report
For the Period Ending November 30, 2015
Decrease in Licenses, Fees & Permits due to a reduction in construction permits received and processed during the period
from July 2015 to November 2015.
The City's sales tax consultant (HdL) is projecting sales tax to be $50,000 less than originally budgeted; the sales tax
allocations received to-date reflect this decrease.
Increase in fines & forfeitures are due to increased code enforcement activities.
Increase in miscellaneous revenue is due to the reimbursement receipt of state mandated claims (SB90) submitted to the
State Controller's Office prior to 2004.
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MONTHLY REVENUE - Property Tax (2015-16 vs. 2014-15)
$0
$0
$0
$4,793
$43,254
$15,393
$662,686
$4,883
$56,152
$31,628
$104,675
$591,726
$0
$0
$19,750
$2,686
$43,792
$0
$0
$0
$0
$0
$0
$0
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 2014-15
1,515,190
66,228
65,431
- 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHLY REVENUE - Sales Tax (2015-16 vs. 2014-15)
$0
$0
$42,941
$55,400
$73,900
$0
$154,048
$60,300
$46,232
$42,800
$57,100
$230,431
$0
$0
$29,595
$42,500
$56,500
$0
$0
$0
$0
$0
$0
$0
- 50,000 100,000 150,000 200,000 250,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 2014-15
$763,152
$128,595
$153,564
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHLY REVENUE - Licenses, Permits & Fees (2015-16 vs. 2014-15)
$17,915
$7,615
$40,326
$22,020
$8,568
$11,489
$15,340
$64,060
$46,641
$29,548
$17,176
$25,178
$17,097
$10,453
$15,994
$13,004
$15,756
$0
$0
$0
$0
$0
$0
$0
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 2014-15
$305,876
$72,304
$83,463
- 50,000 100,000 150,000 200,000 250,000 300,000 350,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHLY REVENUE - Franchise Fees (2015-16 vs. 2014-15)
$0
$0
$41,514
$23,181
$29,344
$14,162
$24,665
$43,954
$25,937
$156,812
$55,341
$84,917
$0
$0
$26,663
$11,962
$71,031
$0
$0
$0
$0
$0
$0
$0
- 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 2014-15
$499,827
$109,656
$103,270
- 100,000 200,000 300,000 400,000 500,000 600,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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GENERAL FUND EXPENDITURE
BY DEPARTMENT
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EXPENDITURE ASSUMPTIONS:
1. Expenditure appropriations are divided into 12 monthly allocations, with
adjustments made for payroll periods, the timing of debt service
payments, and certain quarterly allocations.
2. Sections/Cost Centers are rolled into each Department as follows:
a. CITY COUNCIL
b. CITY MANAGER
i. City Manager
ii. Senior Citizens Program
iii. Emergency Operations
c. CITY CLERK
i. City Clerk
ii. Historical & Cultural Commission
iii. Information Technology
d. CITY ATTORNEY
e. FINANCE
f. PUBLIC SAFETY
g. NON-DEPARTMENTAL
i. Non-Departmental
ii. Overhead Cost Allocation
h. COMMUNITY DEVELOPMENT
i. Building & Safety
ii. Public Works iii. Rental Inspection Program
iv. Enforcement Program
v. Facilities Maintenance
vi. Community Development
vii. Parks Maintenance
viii. Storm Drain Maintenance
ix. National Pollutant Discharge Elimination System (NPDES)
x. Planning Commission
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City of Grand Terrace
FY 2015-16 General Fund Monthly Financial Report
For the Period Ending November 30, 2015
EXPENDITURES BY DEPARTMENT
Department
Approved
Budget
November
YTD
Projected
Expenditures
Oct.
YTD
%
Approved
Budget
November
YTD
Actuals
Oct.
YTD
%
Approved
Budget
Positive
(Negative)
Variance
from
YTD
Expected
City Council 60,877 24,813 40.8%21,888 36.0%2,925
City Manager 401,719 136,934 34.1%135,256 33.7%1,678
City Attorney 64,000 21,409 33.5%20,687 32.3%723
City Clerk 218,398 80,086 36.7%76,191 34.9%3,895
Community Development 1,249,409 466,047 37.3%436,597 34.9%29,450 1
Finance 501,035 168,111 33.6%166,196 33.2%1,916
Public Safety 1,676,200 682,466 40.7%680,344 40.6%2,122
Non-Departmental 415,965 193,862 46.6%188,248 45.3%5,614
4,587,603 1,773,728 38.7%1,725,405 37.6%48,323
1 Projected expenditures are based on last year's actuals. Payments for professional services were processed later this current year than
that of last fiscal year for the Community Development Department.
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MONTHLY EXPENDITURE - General Government (2015-16 vs 2014-15)
$30,669
$66,646
$45,756
$51,394
$45,032
$1,182
$65,559
$58,780
$43,082
$53,826
$34,057
$117,018
$51,549
$68,684
$52,345
$40,303
$41,143
$0
$0
$0
$0
$0
$0
$0
- 20,000 40,000 60,000 80,000 100,000 120,000 140,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$613,001
$254,024
$263,243
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHLY EXPENDITURE - Community Development Dept (2015-16 vs 2014-15)
$50,215
$75,247
$63,027
$103,646
$56,463
$68,632
$89,347
$66,396
$97,799
$98,386
$85,470
$195,345
$59,463
$115,360
$111,153
$74,511
$76,109
$0
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JUL
AUG
SEP
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NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$1,049,973
$436,596
$466,047
- 200,000 400,000 600,000 800,000 1,000,000 1,200,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHLY EXPENDITURE - Finance (2015-16 vs 2014-15)
$8,368
$24,457
$35,837
$62,204
$49,272
$31,714
$68,273
$30,082
$6,230
$73,270
$34,660
$84,778
$11,091
$34,549
$44,603
$31,948
$44,005
$0
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$0
$0
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$509,145
$166,196
$168,111
- 100,000 200,000 300,000 400,000 500,000 600,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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MONTHYL EXPENDITURE - Public Safety (2015-16 vs 2014-15)
$272,465
$0
$125,622
$125,622
$11,841
$0
$376,866
$125,622
$136,806
$272,716
$1,000
$137,037
$145,553
$132,057
$126,243
$132,057
$144,433
$0
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- 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000
JUL
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OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals
2014-15 Actuals
1,585,597
680,343
682,466
100,000 300,000 500,000 700,000 900,000 1,100,000 1,300,000 1,500,000 1,700,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
17
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GENERAL FUND EXPENDITURE
BY CATEGORY
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City of Grand Terrace
FY 2015-16 General Fund Monthly Financial Report
For the Period Ending November 30, 2015
EXPENDITURES BY CATEGORY
Expenditure
Approved
Budget
November
YTD
Expected
Expenditures
Oct.
YTD
%
Approved
Budget
November
YTD
Actuals
Sept
YTD
%
Approved
Budget
Positive
(Negative)
Variance
from
YTD
Expected
Salaries 749,955 255,650 34.1%257,117 34.3%(1,467)
Benefits 295,873 123,818 41.8%111,550 37.7%12,268 1
Professional/Contractual Services 3,167,010 1,189,042 37.5%1,154,416 36.5%34,626 2
Materials & Supplies 170,400 64,273 37.7%67,865 39.8%(3,593)
Lease of Facility/Equipment 4,400 1,497 34.0%2,258 51.3%(761)
Equipment 0 0 0 0
Capital Projects 0 0 0 0
Utilities 132,400 55,957 42.3%52,334 39.5%3,623
Debt Service 257,800 128,560 49.9%127,424 49.4%1,137
Overhead Cost Allocation (281,735)(70,434)25.0%(70,434)25.0%0
Transfers Out 91,500 25,364 27.7%22,875 25.0%2,489
4,587,603 1,773,728 38.7%1,725,405 37.6%48,323
1
2 Projected expenditures are based on last year's actuals. Payments for professional services were processed later this current year than
that of last fiscal year.
Retirement Benefits are less due to the current monthly payment CalPERS; however, a lump-sum amount withh be due to CalPERS at the
end of the fiscal year for the City's accrued pension liability.
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MONTHLY EXPENDITURE - Salaries (2015-16 vs. 2014-15)
$31,794
$80,465
$47,975
$50,644
$48,890
$12,434
$77,909
$52,637
$50,350
$51,656
$52,455
$91,028
$55,881
$51,814
$52,468
$52,322
$44,633
$0
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$0
$0
$0
$0
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000
JUL
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SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
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JUN
2015-16 Actuals 2014-15 Actuals
$648,238
$257,117
$255,650
- 100,000 200,000 300,000 400,000 500,000 600,000 700,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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EXPENDITURE - Benefits
$11,880
$15,936
$21,058
$17,053
$14,517
$20,265
$33,861
$26,013
$30,033
$24,495
$22,607
$207,304
$26,333
$16,766
$33,942
$15,535
$18,974
$0
$0
$0
$0
$0
$0
$0
- 50,000 100,000 150,000 200,000 250,000
JUL
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SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$445,021
$111,550
$123,818
- 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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EXPENDITURE - Professional/Contractual Services
$317,366
$37,827
$258,492
$260,929
$109,616
$98,305
$484,303
$182,753
$209,683
$411,208
$85,763
$400,951
$167,195
$258,228
$294,350
$211,637
$223,007
$0
$0
$0
$0
$0
$0
$0
- 100,000 200,000 300,000 400,000 500,000 600,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
2,857,196
1,154,416
1,189,042
100,000 600,000 1,100,000 1,600,000 2,100,000 2,600,000 3,100,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
23
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EXPENDITURE - Materials & Supplies
$6,167
$10,079
$7,104
$8,809
$16,802
$5,169
$6,766
$18,069
$17,502
$20,328
$3,911
$58,659
$21,178
$18,516
$5,164
$4,919
$18,089
$0
$0
$0
$0
$0
$0
$0
- 10,000 20,000 30,000 40,000 50,000 60,000 70,000
JUL
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SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$179,366
$67,865
$64,273
- 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
24
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CHILD CARE FUND
REVENUE AND EXPENDITURE
25
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REVENUES
Approved
Budget
November
YTD
Expected
Receipts
Nov.
YTD
%
Approved
Budget
November
YTD
Actuals
Nov.
YTD
%
Approved
Budget
Positive
(Negative)
Variance
from
YTD
Expected
Tiny Tot Program 80,794 29,645 36.7%26,820 33.2%(2,825)
After School Program 401,976 168,552 41.9%129,838 32.3%(38,714)1
Pre-School Program 724,839 294,720 40.7%224,353 31.0%(70,367)1
Nutrition Program Grant 30,000 6,900 23.0%7,099 23.7%199
1,237,609 499,818 40.4%388,111 31.4%(111,707)
1
EXPENDITURES
Approved
Budget
November
YTD
Projected
Expenditures
Nov.
YTD
%
Approved
Budget
November
YTD
Actuals
Nov.
YTD
%
Approved
Budget
Positive
(Negative)
Variance
from
YTD
Expected
Salaries 601,990 245,927 40.9%226,046 37.5%19,881 1
Benefits 265,394 102,570 38.6%74,755 28.2%27,815 2
Professional/Contractual Services 29,600 9,464 32.0%6,866 23.2%2,598
Materials & Supplies 83,400 29,895 35.8%24,868 29.8%5,027
Lease of Facility/Equipment 4,000 4,000 100.0%120 3.0%3,880
Equipment 400 167 41.7%0 0.0%167
Capital Projects 11,400 6,394 56.1%3,004 26.4%3,390
Utilities 16,000 6,463 40.4%11,449 71.6%(4,985)
Overhead Cost Allocation 198,800 49,693 25.0%49,700 25.0%(7)
1,210,984 454,573 37.5%396,808 32.8%57,765
1
City of Grand Terrace
FY 2014-15 Child Care Fund Monthly Financial Report
For the Period Ending November 30, 2015
Due to the reduction in the number of children enrolled, Child Care has not hire substitute teachers resulting in salary savings.
Child Care enrollment has declined during the last few months due to several families relocating & some parents losing their jobs.
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MONTHLY REVENUE - Child Care (2015-16 vs 2014-15)
$61,872
$101,770
$94,221
$96,879
$82,320
$79,587
$72,047
$117,118
$98,082
$80,620
$100,083
$132,110
$54,764
$83,420
$92,401
$84,033
$73,492
$0
$0
$0
$0
$0
$0
$0
- 20,000 40,000 60,000 80,000 100,000 120,000 140,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$1,116,708
$388,111
$499,818
- 200,000 400,000 600,000 800,000 1,000,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
27
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MONTHLY EXPENDITURE - Child Care (2015-16 vs 2014-15)
$47,471
$94,829
$123,450
$71,732
$63,878
$120,464
$100,169
$67,346
$125,609
$72,350
$68,032
$314,968
$68,044
$66,357
$132,215
$65,844
$64,347
$0
$0
$0
$0
$0
$0
$0
- 50,000 100,000 150,000 200,000 250,000 300,000 350,000
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
2015-16 Actuals 2014-15 Actuals
$1,270,297
$396,808
$454,573
- 200,000 400,000 600,000 800,000 1,000,000 1,200,000
FY2014-15 Actuals
FY2015-16 Actuals
FY2015-16 Expected
FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Zoning Code Amendment 15-04/Relocating and Amending
the Existing Prohibition of Marijuana Dispensaries to the
Zoning Code and an Amendment to Chapter 5.90 to Title 5
Prohibiting Issuance of a Business License for Medical
Marijuana Dispensaries
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1) Conduct a public hearing; and
2) Determine that this Ordinance is exempt from review
pursuant to Section 15061(b)(3) of the California
Environmental Quality Act Guidelines found in Title 14 of the
California Code of Regulations; and
3) Read by Title only, Waive further Reading and Introduce
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE TO AMEND THE GRAND
TERRACE MUNICIPAL CODE BY ADDING CHAPTER
5.90 TO TITLE 5 PROHIBITING ISSUANCE OF BUSINESS
LICENSE FOR MEDICAL MARIJUANA DISPENSARIES
AND RECHAPTERING AND AMENDMENT OF CHAPTER
9.28 OF TITLE 9 TO NEWLY CREATED CHAPTER 18.91
OF TITLE 18 TO PRESERVE LOCAL AUTHORITY TO
REGULATE AND PROHIBIT MEDICAL MARIJUANA
DISPENSARIES AND CULTIVATION
2030 VISION STATEMENT:
This item promotes Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
EXECUTIVE SUMMARY:
In response to three new bills that were signed into law by Governor Jerry Brown on
October 9, 2015 related to regulation of medical marijuana within the State of California,
City Staff reviewed the City’s current ordinance related to prohibition of marijuana
cultivation within the City found in Chapter 9.28. Staff recommends relocating the
existing prohibition on marijuana dispensaries into the zoning code to make explicit the
fact that cultivation of marijuana and/or medical marijuana is prohibited in the City under
the City’s authority to regulate land use.
To that end, Staff has prepared an ordinance for expressly prohibiting such activity. As
proposed, the ordinance would re-chapter Chapter 9.28 and make it part of the Zoning
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Code as Chapter 18.91. The ordinance would also create Chapter 5.90 of Title 5
prohibiting the issuance of a business license for medical marijuana.
BACKGROUND/DISCUSSION:
In the state of California, cities have the authority to adopt and enforce local laws so
long as they are not in conflict with state or federal law. On the basis of this authority,
the City has adopted a zoning ordinance that provides the permissible uses of and
development standards for all land within the City’s boundaries. To this end, the City
has adopted a host of ‘use classifications,’ which define uses within the City. Under the
zoning ordinance, a use classification not listed within a given zoning district is
prohibited, unless otherwise authorized by the zoning administrator.
The outdoor cultivation of marijuana is not found among the use classifications
approved by the City. It is thus currently prohibited. In addition, the current ordinance
prohibiting marijuana dispensaries, which includes cultivation, is set forth in Title 9
“Public Peace, Morals, and Welfare” of the municipal code. This proposed ordinance
will relocate the prohibition to the Zoning Code and expand upon the language to make
explicit that the current prohibition on marijuana dispensaries (which includes in its
definition marijuana cultivation) found in Chapter 9.28 into newly created Chapter 18.91
of the zoning code is a land use ordinance. In addition, this ordinance will create
Chapter 5.90 of Title 5 to clarify that the issuance of a business license for medical
marijuana dispensaries is prohibited.
Public safety agencies, and other public entities have reported adverse impacts from
marijuana cultivation, including disagreeable odors and release of pollen that can
aggravate the respiratory system; increased risk of burglary and other property crimes;
and acts of violence in connection with the commission of such crimes or the occupants'
attempts to prevent such crimes.
The creation of persistent strong odors as marijuana plants mature and flower is
offensive to many people and creates an attractive nuisance, alerting persons to the
location of valuable marijuana plants and creating an increased risk of crime.
The unregulated cultivation of marijuana can adversely affect the health, safety and
well-being of the city and its residents. Comprehensive regulation of premises used for
marijuana cultivation is proper and necessary to avoid the risks of criminal activity,
degradation of the natural environment, smells and indoor electrical fire hazards that
may result from unregulated marijuana cultivation, especially if the amount of marijuana
cultivated on a single premises is not regulated and substantial amounts of marijuana
can be cultivated in a concentrated place.
The indoor cultivation of substantial amounts of marijuana also frequently requires
excessive use of electricity, which often creates an unreasonable risk of fire from the
electrical grow lighting systems used in indoor cultivation.
Children are particularly vulnerable to the effects of marijuana use, and the presence of
marijuana plants has proven to be an attractive nuisance for children, creating an
unreasonable hazard in areas frequented by children including hospitals, schools,
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church parks or playgrounds, childcare centers, recreation centers or youth centers.
Cultivation of any amount of marijuana at, or near these sensitive uses presents unique
risks that the marijuana plants may be observed by juveniles, and therefore be
especially vulnerable to theft or recreational consumption by juveniles. Further, the
potential for criminal activities associated with marijuana cultivation in such locations
poses heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is especially
hazardous to public safety and welfare, and to the protection of children and the
person(s) cultivating the marijuana plants.
The cultivation of marijuana in other cities has resulted in calls for service to the
police department, including calls for robberies thefts, and physical assaults from
marijuana that is grown outdoors;
Marijuana growth poses significant safety risks for surrounding neighbors, including
but not limits to, risks of violent confrontation in connection with attempts to steal
marijuana, risk of fire from improperly wired electrical lights within structures growing
marijuana, risk of guard dogs and security measures associated with structures and
properties growing marijuana; and
Furthermore, the United States Environmental Protection Agency has not established
appropriate pesticide tolerances for, or permitted the registration and lawful use of,
pesticides on cannabis crops intended for human consumption under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.). The use of
pesticides is therefore inadequately regulated due to these omissions in federal law,
and cannabis cultivated in California can and often does contain pesticide residues.
These substances can run off of outdoor cultivation sites onto neighboring properties
and/or leach into the groundwater.
There are, thus, serious nuisance impacts associated with the outdoor cultivation of
marijuana. Cultivation bans in other cities have been reviewed by the courts and have
been upheld in a variety of forms, including complete bans on cultivation within city
limits (see Maral v. City of Live Oak (2014)).
State law governing marijuana cultivation
The laws governing medical marijuana cultivation, sale, and use in California have
evolved rapidly, and are presently in flux at the state level. As has been widely reported
in the media, the State of California is attempting to create a new statewide framework
to regulate medical marijuana cultivation, sale, and use (see AB 243 (Wood), AB 266
(Bonta, Cooley, Jones-Sawyer, Lackey, and Wood), and SB 643 (McGuire)). These
efforts are partially an acknowledgment of the confusion and lack of uniform regulation
created in the wake of Proposition 215 (1996), which enacted the Compassionate Use
Act, and passage of the Medical Marijuana Program Act of 2003. All three of these bills
have been passed by the Legislature and were signed by Governor Brown on October
9, 2015. Their passage significantly affects the City’s regulation of this subject.
Generally, the new laws continue to recognize the power of local governments to
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regulate marijuana cultivation. However, under AB 243, the State Department of Food
and Agriculture will establish a ‘Medical Cannabis Cultivation Program,’ which will be
administered by the Department’s secretary “except as specified in subdivision (c)” and
will administer the new state laws pertaining to the cultivation of medical marijuana.
Under subdivision (c):
If a city … does not have land use regulations or ordinances regulating or
prohibiting the cultivation of marijuana, either expressly or otherwise under
principles of permissive zoning, or chooses not to administer a conditional
permit program pursuant to this section, then commencing March 1, 2016,
the [State Department of Food and Agriculture] shall be the sole licensing
authority for medical marijuana cultivation applicants in that city... (Health
& Safety Code § 11362.777(c)(4).)
Since this new framework has been signed into law, it is appropriate that the City
ensure its prohibition on the cultivation of marijuana is clear, so there is no question of
the need for the State to act as the only licensing authority under the new laws.
Planning Commission Review
On December 17, 2015, the Planning Commission conducted public hearing and voted
to recommend City Council approval of the zoning code amendment. During the
hearing the Planning Commission raised a question regarding how this ordinance would
affect the personal cultivation of medical marijuana by those that have a legal defense
to do so under state law. The City Attorney’s office has made some minor revisions to
the ordinance to clarify how this ordinance will impact existing state law and to address
recent case decisions. Those revisions have been highlighted in the attached version of
the ordinance. It is important to note that the version of the ordinance that the Planning
Commission reviewed did suggest that criminal prosecution would be available,
however that reference has been removed to conform with current state law and court
decisions.
Textural Changes to Municipal Code
Chapter 9.28 prohibits marijuana dispensaries within the City, and defines “dispensary”
to include marijuana cultivation. Thus, while the proposed ordinance is not making any
substantive changes to the municipal code, the proposed ordinance makes explicitly
clear that marijuana cultivation is prohibited in the City under the City’s land use power
by inserting the ordinance into the City’s zoning code.
Attachment 1 of this Agenda Report is a redline version of the proposed ordinance as
presented to the Planning Commission with the clarifying changes.
Attachment 2 is a “clean” version of the proposed ordinance presented to the Council
for introduction. Attachment 2 also shows the proposed new Chapter 5.90 Marijuana
Dispensaries.
Chapter 5.90 Marijuana Dispensaries
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The ordinance would also add Chapter 5.90 Marijuana Dispensaries.
5.90.010 - Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined
from the application for such license that the business or occupation for which the
license is requested involves in anyway whatsoever commercial cannabis activities
prohibited within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal
Code.
Zoning Ordinance Amendment Findings
In making a change to the zoning code, the City Council must make findings as follows:
1. The new ordinance shall be consistent with the policies of the General Plan;
2. The new ordinance will not adversely affect property values and will not be
detrimental to the City.
3. The ordinance amendment shall be consistent with the purpose of the Zoning
Ordinance which is to protect and promote the public health, safety and general
welfare and implement the policies of the General Plan, more specifically:
General Plan Consistency Findings
In addition, the following General Plan consistency findings, would also be made.
1. The new ordinance would clarify the existing prohibition on cultivation of
marijuana. More clearly regulating this activity will better limit neighborhood
effects such as odor and help to limit potential theft associated crime that
could have a detrimental effect on surrounding properties.
2. Reducing odor and potential criminal activities associated with outdoor
marijuana cultivation would provide for, and maintain, a positive city image
that reflects a high quality of life by decreasing the likelihood of violent crime,
precluding uses that give off noxious odors, and avoiding increased traffic
associated with cultivation activities.
3. Prohibiting outdoor marijuana cultivation will preserve and maintain high
quality law enforcement service by minimizing the amount of time needed by
law enforcement to respond to complaints about odors and theft and other
criminal activities that may be associated with outdoor cultivation of
marijuana.
PUBLIC NOTICE
Notice of the public hearing was published in the Grand Terrace City News and posted
in three public places in accordance with state law.
ENVIRONMENTAL REVIEW
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Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA) of 1970, as amended, the adoption of the
zoning ordinance amendment contemplated by the proposed ordinance (the “Project”) is
exempt from environmental review as there is no possibility that the Project would have
a significant effect on the environment given that the proposed amendments simply
clarify existing prohibitions on the outdoor cultivation of marijuana in City.
ATTACHMENTS:
Redline of Marijuana Cultivation Ordinance (DOCX)
Draft Marijuana Cultivation Ordinance_v112.22.2015 (DOCX)
APPROVALS:
Sandra Molina Completed 12/17/2015 10:26 AM
City Attorney Completed 12/22/2015 4:41 PM
Finance Completed 01/05/2016 7:01 PM
Community Development Completed 01/06/2016 7:55 AM
City Manager Completed 01/06/2016 8:59 AM
City Council Pending 01/12/2016 6:00 PM
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1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, TO AMEND THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5
PROHIBITING ISSUANCE OF A BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9 TO NEWLY CREATED
CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY IN
REGARDS TO REGULATION AND PROHIBITION OF MARIJUANA
DISPENSARIES AND CULTIVATION
WHEREAS, the City of Grand Terrace, pursuant to its police power, may
adopt regulations to protect the health, safety and welfare of the public, Cal. Const.
art. XI, § 7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use
or condition constitutes a public nuisance; and
WHEREAS, Section 38771 of the California Government Code 38771
authorizes the City through its legislative body to declare actions and activities that
constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United
States and further provides criminal penalties for marijuana possession, cultivation
and distribution; and
WHEREAS, the People of the State of California have enacted Proposition
215, the Compassionate Use Act of 1996 (codified at Health and Safety Code
Section 11362.5 et seq.) (the “CUA”), which exempts qualified patients and their
primary caregivers from criminal prosecution under enumerated Health and Safety
Code sections for use of marijuana for medical purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7
et seq.) (the “MMPA”), as amended, which created a state-wide identification card
scheme for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill
643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
Marijuana Regulation and Safety Act (“MMRSA”), effective January 1, 2016, which
establishes a state licensing system for medical marijuana cultivation,
manufacturing, delivery, and dispensing, regulating these activities with licensing
requirements and regulations that are only applicable if cities and counties also
permit marijuana cultivation, manufacturing, dispensing, and delivery within their
jurisdictions. Under the MMRSA, cities and counties may continue to ban medical
marijuana cultivation, manufacturing, dispensing, and delivery, in which case the new
law would not allow or permit these activities within the cities and counties; and
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WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Saf. Code § 11054
(d)(13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to
federal law, 21 U.S.C. § 812, Schedule 1 (c)(10), and federal law does not provide
for any medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005);
United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483 (2001)); and
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban
marijuana cultivation consistent with current state law including the City of Riverside
v. Inland Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013);
WHEREAS, the MMRSA provides that if a city, county, or city and county
does not have land use regulations or ordinances regulating or prohibiting the
cultivation of marijuana, either expressly or otherwise under the principles of
permissive zoning, or chooses not to administer a conditional permit program pursuit
to the MMRSA, then commencing March 1, 2016, the state will be the sole licensing
authority for medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4));
WHEREAS, the City intends by the adoption of this ordinance to relocate the
existing sections prohibiting marijuana dispensaries from Title 9 of the municipal
code governing Public Peace, Morals, and Welfare to Title 18 containing the City’s
land use regulations for the express and specific purpose of clarifying that prohibition
as a land use ordinance and that such ban includes cultivation in order to preserve
the City’s authority to ban and/or adopt future regulations pertaining to marijuana
cultivation as is required by California Health and Safety Code section
11372.777(c)(4), effective January 1, 2016, added by the MMRSA; and
WHEREAS, the City of Grand Terrace’s permissive Zoning Code does not list
marijuana cultivation as a permitted use in any zone in the City; and
WHEREAS, the City Council of the City of Grand Terrace finds that the
proposed ordinance will not be detrimental to the interest of the health, safety,
morals, comfort or general welfare of those residing or working in the City to make
explicit that marijuana cultivation is prohibited anywhere in the City and is a public
nuisance per se; and
WHEREAS, the City Council finds that the cultivation of marijuana significantly
impacts, or has the potential to significantly impact, the City’s jurisdiction. These
impacts include the following:
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A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes.
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people and creates an attractive nuisance, alerting
persons to the location of valuable marijuana plants and creating an
increased risk of crime.
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place.
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation.
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants.
F. The cultivation of marijuana in other cities has resulted in calls for service
to the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors;
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
attempts to steal marijuana, risk of fire from improperly wired electrical
lights within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana;
and
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H. The smell associated with marijuana cultivation is severe enough that it
interferes with the use and enjoyment of property.
WHEREAS, the City does not intend by enacting this ordinance to either
burden any defense to a criminal prosecution set forth in the CUA, the MMPA, or the
MMRSA, or any other state law, or to criminalize any activities otherwise permitted
by the state legislature through the CUA, the MMPA, or the MMRSA, or any other
state law.
WHEREAS, the City Council finds that sanctioning the cultivation of marijuana
would be inconsistent with federal law; and
WHEREAS, the City of Grand Terrace California, pursuant to the provisions of
the California Environmental Quality Act (hereinafter “CEQA”) (California Public
Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections
15000 et seq.) has determined that the Ordinance is exempt pursuant to Section
15061(b)(3) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Grand Terrace’s General Plan; and
WHEREAS, the City Council finds that this Ordinance will not be injurious to
property, property improvements, nor will it adversely affect property values nor will it
be detrimental to the City; and
WHEREAS, on December 17, 2015, following proper notice and public
hearing, the City’s Planning Commission adopted a Resolution recommending to the
City Council the adoption of an Ordinance amending Title 18 of the Grand Terrace
Municipal Code, relating to marijuana dispensaries and cultivation; and
WHEREAS, the City Council has considered evidence presented by the
Planning Commission and City Staff at a duly noticed public hearing held on January
12, 2016 at City Council Chambers located a 22795 Barton Road Grand Terrace,
CA; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth
above in this Ordinance are true and correct.
SECTION 2: Chapter 9.28 of the Grand Terrace Municipal Code is hereby amended to
read as follows:
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“Chapter 9.28 – RESERVED”
SECTION 3: Chapter 5.90 is hereby added to the Grand Terrace Municipal Code to
read as follows:
“Chapter 5.90 Marijuana Dispensaries
5.90.010 – Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code.”
SECTION 4: Chapter 18.91 is hereby added to the Grand Terrace Municipal Code to
read as follows:
“Chapter 18.91 Marijuana Dispensaries Regulations
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries and
marijuana cultivation, in order to promote the health, safety, morals and general
welfare of the residents and the businesses within the City by maintaining local
control over the ability to regulate marijuana related businesses.
18.91.020 – Applicability.
A. Nothing in this chapter is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the Compassionate Use Act, Medical
Marijuana Program Act, Medical Marijuana Regulation and Safety Act, or any
other state law.
B. All the provisions of this chapter shall apply to all property, public and private,
within the City.
C. All the provisions of this chapter shall apply indoors and outdoors.
18.91.030 – Definitions.
The following definitions apply to this chapter:
A. “Cultivate” shall mean the planting, growing, harvesting drying or processing of
marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
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B. “Marijuana” shall have the same definition as that set forth in California Health &
Safety Code Section 11018.
C. “Medical marijuana” shall mean marijuana used for medical purposes in
accordance with California Health and Safety Code section 11362.5.
D. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered for in
any way with or without consideration, made available, located, stored, placed,
cultivated and/or distributed. A “medical marijuana dispensary” shall not include
the following uses, so long as the locations of such uses are otherwise regulated
by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
E. “Person” shall mean any person, firm, corporation, association, club, society, or
other organization. The term person shall include any owner, manager,
proprietor, employee, volunteer and/or salesperson.
18.91.040 – Marijuana dispensaries prohibited.
The operation of medical marijuana dispensaries by any person, including primary
caregivers, qualified patients and dispensaries, is prohibited in all zone districts within
the City of Grand Terrace.
18.91.050 – Marijuana cultivation prohibited.
Marijuana cultivation by any person, including primary caregivers, qualified patients and
dispensaries, is prohibited in all zone districts within the City of Grand Terrace.
18.91.0650 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
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maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil, criminal, and/or administrative proceedings by means of a restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the
abatement of such nuisances.
18.91.060 – Violations.
A. Violations of this article shall be punishable pursuant to Chapter 1.16 of this
Code.
This chapter is not the exclusive means for the abatement of marijuana dispensaries
within the City of Grand Terrace. The remedies set forth pursuant to this section shall be
in addition to any other existing remedies for violations of the Zoning Code, including
but not limited to, any action at law or equity.”
SECTION 5: Any provision of the Grand Terrace Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 6: Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of
the City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2016.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the ___ day of _________, 2016. AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Pat Jaquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney
4.a
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, TO AMEND THE GRAND TERRACE
MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5
PROHIBITING ISSUANCE OF A BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9 TO NEWLY CREATED
CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY IN
REGARDS TO REGULATION AND PROHIBITION OF MARIJUANA
DISPENSARIES AND CULTIVATION
WHEREAS, the City of Grand Terrace, pursuant to its police power, may
adopt regulations to protect the health, safety and welfare of the public, Cal. Const.
art. XI, § 7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use
or condition constitutes a public nuisance; and
WHEREAS, Section 38771 of the California Government Code 38771
authorizes the City through its legislative body to declare actions and activities that
constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United
States and further provides criminal penalties for marijuana possession, cultivation
and distribution; and
WHEREAS, the People of the State of California have enacted Proposition
215, the Compassionate Use Act of 1996 (codified at Health and Safety Code
Section 11362.5 et seq.) (the “CUA”), which exempts qualified patients and their
primary caregivers from criminal prosecution under enumerated Health and Safety
Code sections for use of marijuana for medical purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7
et seq.) (the “MMPA”), as amended, which created a state-wide identification card
scheme for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill
643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
Marijuana Regulation and Safety Act (“MMRSA”), effective January 1, 2016, which
establishes a state licensing system for medical marijuana cultivation,
manufacturing, delivery, and dispensing, regulating these activities with licensing
requirements and regulations that are only applicable if cities and counties also
permit marijuana cultivation, manufacturing, dispensing, and delivery within their
jurisdictions. Under the MMRSA, cities and counties may continue to ban medical
marijuana cultivation, manufacturing, dispensing, and delivery, in which case the new
law would not allow or permit these activities within the cities and counties; and
4.b
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WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Saf. Code § 11054
(d)(13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to
federal law, 21 U.S.C. § 812, Schedule 1 (c)(10), and federal law does not provide
for any medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005);
United States v. Oakland Cannabis Buyers’ Coop., 532 U.S. 483 (2001)); and
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban
marijuana cultivation consistent with current state law including the City of Riverside
v. Inland Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013);
WHEREAS, the MMRSA provides that if a city, county, or city and county
does not have land use regulations or ordinances regulating or prohibiting the
cultivation of marijuana, either expressly or otherwise under the principles of
permissive zoning, or chooses not to administer a conditional permit program pursuit
to the MMRSA, then commencing March 1, 2016, the state will be the sole licensing
authority for medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4));
WHEREAS, the City intends by the adoption of this ordinance to relocate the
existing sections prohibiting marijuana dispensaries from Title 9 of the municipal
code governing Public Peace, Morals, and Welfare to Title 18 containing the City’s
land use regulations for the express and specific purpose of clarifying that prohibition
as a land use ordinance and that such ban includes cultivation in order to preserve
the City’s authority to ban and/or adopt future regulations pertaining to marijuana
cultivation as is required by California Health and Safety Code section
11372.777(c)(4), effective January 1, 2016, added by the MMRSA; and
WHEREAS, the City of Grand Terrace’s permissive Zoning Code does not list
marijuana cultivation as a permitted use in any zone in the City; and
WHEREAS, the City Council of the City of Grand Terrace finds that the
proposed ordinance will not be detrimental to the interest of the health, safety,
morals, comfort or general welfare of those residing or working in the City to make
explicit that marijuana cultivation is prohibited anywhere in the City and is a public
nuisance per se; and
WHEREAS, the City Council finds that the cultivation of marijuana significantly
impacts, or has the potential to significantly impact, the City’s jurisdiction. These
impacts include the following:
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A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes.
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people and creates an attractive nuisance, alerting
persons to the location of valuable marijuana plants and creating an
increased risk of crime.
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place.
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation.
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants.
F. The cultivation of marijuana in other cities has resulted in calls for service
to the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors;
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
attempts to steal marijuana, risk of fire from improperly wired electrical
lights within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana;
and
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H. The smell associated with marijuana cultivation is severe enough that it
interferes with the use and enjoyment of property.
WHEREAS, the City does not intend by enacting this ordinance to either
burden any defense to a criminal prosecution set forth in the CUA, the MMPA, or the
MMRSA, or any other state law, or to criminalize any activities otherwise permitted
by the state legislature through the CUA, the MMPA, or the MMRSA, or any other
state law.
WHEREAS, the City Council finds that sanctioning the cultivation of marijuana
would be inconsistent with federal law; and
WHEREAS, the City of Grand Terrace California, pursuant to the provisions of
the California Environmental Quality Act (hereinafter “CEQA”) (California Public
Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections
15000 et seq.) has determined that the Ordinance is exempt pursuant to Section
15061(b)(3) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Grand Terrace’s General Plan; and
WHEREAS, the City Council finds that this Ordinance will not be injurious to
property, property improvements, nor will it adversely affect property values nor will it
be detrimental to the City; and
WHEREAS, on December 17, 2015, following proper notice and public
hearing, the City’s Planning Commission adopted a Resolution recommending to the
City Council the adoption of an Ordinance amending Title 18 of the Grand Terrace
Municipal Code, relating to marijuana dispensaries and cultivation; and
WHEREAS, the City Council has considered evidence presented by the
Planning Commission and City Staff at a duly noticed public hearing held on January
12, 2016 at City Council Chambers located a 22795 Barton Road Grand Terrace,
CA; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth
above in this Ordinance are true and correct.
SECTION 2: Chapter 9.28 of the Grand Terrace Municipal Code is hereby amended to
read as follows:
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“Chapter 9.28 – RESERVED”
SECTION 3: Chapter 5.90 is hereby added to the Grand Terrace Municipal Code to
read as follows:
“Chapter 5.90 Marijuana Dispensaries
5.90.010 – Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code.”
SECTION 4: Chapter 18.91 is hereby added to the Grand Terrace Municipal Code to
read as follows:
“Chapter 18.91 Marijuana Regulations
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries and
marijuana cultivation, in order to promote the health, safety, morals and general
welfare of the residents and the businesses within the City by maintaining local
control over the ability to regulate marijuana related businesses.
18.91.020 – Applicability.
A. Nothing in this chapter is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the Compassionate Use Act, Medical
Marijuana Program Act, Medical Marijuana Regulation and Safety Act, or any
other state law.
B. All the provisions of this chapter shall apply to all property, public and private,
within the City.
C. All the provisions of this chapter shall apply indoors and outdoors.
18.91.030 – Definitions.
The following definitions apply to this chapter:
A. “Cultivate” shall mean the planting, growing, harvesting drying or processing of
marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
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B. “Marijuana” shall have the same definition as that set forth in California Health &
Safety Code Section 11018.
C. “Medical marijuana” shall mean marijuana used for medical purposes in
accordance with California Health and Safety Code section 11362.5.
D. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered for in
any way with or without consideration, made available, located, stored, placed,
cultivated and/or distributed. A “medical marijuana dispensary” shall not include
the following uses, so long as the locations of such uses are otherwise regulated
by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
E. “Person” shall mean any person, firm, corporation, association, club, society, or
other organization. The term person shall include any owner, manager,
proprietor, employee, volunteer and/or salesperson.
18.91.040 – Marijuana dispensaries prohibited.
The operation of medical marijuana dispensaries by any person, including primary
caregivers, qualified patients and dispensaries, is prohibited in all zone districts within
the City of Grand Terrace.
18.91.050 – Marijuana cultivation prohibited.
Marijuana cultivation by any person, including primary caregivers, qualified patients and
dispensaries, is prohibited in all zone districts within the City of Grand Terrace.
18.91.060 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
4.b
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maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil and/or administrative proceedings by means of a restraining order, preliminary or
permanent injunction, or in any other manner provided by law for the abatement of such
nuisances.
18.91.060 – Violations.
This chapter is not the exclusive means for the abatement of marijuana dispensaries
within the City of Grand Terrace. The remedies set forth pursuant to this section shall be
in addition to any other existing remedies for violations of the Zoning Code, including
but not limited to, any action at law or equity.”
SECTION 5: Any provision of the Grand Terrace Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 6: Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of
the City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2016. ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor
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I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the ___ day of _________, 2016. AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Pat Jaquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Truck Route Ordinance
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt
Ordinance No.____, An ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA
AMENDING CHAPTER 10.04 OF TITLE 10 OF THE
GRAND TERRACE MUNICIPAL CODE BY RELOCATING
AND RENUMBERING ARTICLE X VIOLATIONS IN ITS
ENTIRETY AS ARTICLE XI AND REPLACING ARTICLE X
IN ITS ENTIRETY WITH A NEW ARTICLE X ENTITLED
DESIGNATED TRUCK ROUTE
2030 VISION STATEMENT:
This staff report supports 2030 Vision Goal #2 to maintain public safety by investing in
critical improvements to infrastructure.
BACKGROUND:
The establishment of a City Truck Route is warranted to restrict noise and traffic
pollution and address safety concerns in residential areas.
DISCUSSION:
On December 8, 2015, the City Council introduced an ordinance to amend Chapter
10.04 of Title 10 of the Municipal Code by relocating and renumbering Article X
Violations in its entirety as Article XI and replacing Article X in its entirety with a new
Article X (Designated Truck Route). A public hearing was also held by Council on that
date.
Two additions were made to the exemptions for the truck route: emergency service
vehicles and school buses. The attached ordinance is ready for adoption.
FISCAL IMPACT:
The establishment of a truck route requires that appropriate signs be erected indicating
the streets that have been designated as an official truck route and additional signs
along the main thoroughfares leading to streets that are not truck routes. The Traffic
Engineer estimates about 20 signs will need to be erected. The cost of signs and
installation hardware is estimated at $2,000.00.
There are Gas Tax Funds and Traffic Safety Funds in the 2015-2016 proposed budget
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that are available for this expense in the budget line items listed below.
FY2015-16 PROPOSED BUDGET LINE ITEM
FUND ACCOUNT ACCOUNT TITLE AVAILABLE
BUDGET
Gas Tax
Fund (16)
510-255-
000
Traffic Signal Maintenance 21,500.00
Traffic
Safety Fund
(17)
17-900-255 Road Safety 22,000.00
TOTAL AVAILABLE FY2015-16 $70,900.00
ATTACHMENTS:
Truck Route Ordinance_12.3.2015 (DOC)
Truck Route Map (Reference) (PDF)
APPROVALS:
Sandra Molina Completed 12/16/2015 4:17 PM
City Attorney Completed 12/18/2015 4:09 PM
Finance Completed 12/22/2015 8:44 AM
Community Development Completed 12/22/2015 3:51 PM
City Manager Completed 01/06/2016 8:59 AM
City Council Pending 01/12/2016 6:00 PM
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
AMENDING CHAPTER 10.04 OF TITLE 10 OF THE GRAND TERRACE
MUNICIPAL CODE BY RELOCATING AND RENUMBERING ARTICLE
X VIOLATIONS IN ITS ENTIRETY AS ARTICLE XI AND REPLACING
ARTICLE X IN ITS ENTIRETY WITH A NEW ARTICLE X ENTITLED
DESIGNATED TRUCK ROUTE
WHEREAS, California Vehicle Code Division 11, Chapter 1, Article 3 and
California Vehicle Code Division 15, Chapter 5, Article 4 provides the authority for local
agencies to restrict truck traffic.
WHEREAS, the establishment of a City Truck Route is warranted to restrict noise
and traffic pollution and address safety concerns in residential areas.
WHEREAS, it was determined that State funds were used in the maintenance of
the streets that comprise the proposed truck route. Therefore, beginning September 30,
2015, the City issued public hearing notices four consecutive weeks and sixty (60) days
in advance leading up to December 8, 2015 pursuant to the California Vehicle Code.
WHEREAS, on December 8, 2015, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on Truck Route Amendment to the Municipal
Code at the Grand Terrace City Hall Council Chambers located 22795 Barton Road,
Grand Terrace, CA 92313 and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows
SECTION 1. Chapter 10.04, Article X of the Grand Terrace Municipal Code is hereby
by repealed and replaced, as follows:
“ARTICLE X. DESIGNATED TRUCK ROUTE
Section 10.04.630 Truck Route
A. Whenever any ordinance of the city council designates and describes any street or
portion thereof as a street the use of which is permitted by any vehicle exceeding a
maximum gross weight of ten thousand (10,000) pounds, such street or portion thereof
shall be deemed a truck route.
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B. When any such truck route is established and designated by appropriate signs,
the operator of any vehicle exceeding a maximum gross weight limit of ten thousand
(10,000) pounds shall drive on such route and none other, except that the operator of
any vehicle exceeding a maximum gross weight of ten thousand (10,000) pounds
coming from a truck route may use restricted streets when necessary for the purpose
of making pickups or deliveries of goods, wares and merchandise from or to any
building or structure located on such restricted streets or for the purpose of delivering
materials to be used in the actual and bona fide repair, alteration, remodeling or
construction of any building or structure upon such restricted streets for which a
building permit has previously been obtained. The phrase "maximum gross weight"
used in this section shall have the same meaning as the phrase "manufactured gross
vehicle weight rating" defined in the California Vehicle Code Section 390.
C. The provisions of this section shall not apply to:
1. School buses and passenger buses under the jurisdiction of the Public
Utilities Commission, Metropolitan Transit Authority; Schools or
2. Any vehicle owned by a public utility while necessarily in use in the
construction, installation of or repair of any public utility or
3. Emergency service vehicles.
D. The following streets and portions of streets are designated and established as
commercial vehicle truck routes:
1. Barton Road (within Grand Terrace City limit)
2. Mount Vernon Avenue from Barton Road to Main Street
3. Main Street from the westerly City limit to Mount Vernon Avenue
4. La Cadena Drive (within Grand Terrace City limit)
E. The use of any street or part of any street not established as part of the truck
route is hereby prohibited by any commercial vehicle (as defined by California Vehicle
Code Section 260) exceeding a maximum gross weight of ten thousand (10,000)
pounds, except as allowed in subsections B and C above. Appropriate signs shall be
posted as designated by the California Department of Transportation "Traffic Manual"
in accordance criteria established by the Public Works Director of the City of Grand
Terrace, showing which streets are truck route. It shall be unlawful for any person to
operate or park, or cause to be operated or parked, any vehicle in violation of this
provision.
SECTION 2. Chapter 10.04 of the Grand Terrace Municipal Code is hereby
amended with the addition of an Article XI as follows:
“ARTICLE XI. – VIOLATIONS
10.04.640 - Infraction—Fine.
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Any person violating any of the provisions of this chapter or disobeying any signs or
markings installed pursuant to this chapter is guilty of an infraction. Pursuant to the
Vehicle Code, every person convicted of an infraction for a violation of any of the
provisions of this chapter, except as otherwise provided in the Vehicle Code, shall be
punished upon a first conviction by a fine not exceeding fifty dollars; for a second
conviction within a period of one year by a fine of not exceeding one hundred dollars;
and for a third or any subsequent conviction within that period of one year, by a fine not
exceeding two hundred fifty dollars.”
SECTION 3. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 4. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 5. First read at a regular meeting of the City Council held on the 8th
day of December, 2015 and finally adopted and ordered posted at a regular meeting of
said City Council on the 12th day of January, 2015.
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ATTEST:
______________________________ _____________________________
Patricia Jacquez-Nares Darcy McNaboe
City Clerk Mayor
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify
that the foregoing Ordinance was introduced at a regular meeting of the City Council on
the 8th of December 2015, and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 12th day of January 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Pat Jacquez-Nares
City Clerk
Approved as to form:
________________________________
Richard L. Adams, II
City Attorney
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CITY OF GRAND TERRACE DESIGNATED TRUCK ROUTE
Pursuant to Municipal Code Chapter 10.04, Article X
Date: November 2015
Source: Google Maps
For Reference Purposes Only
RED LINE = TRUCK ROUTE
1. Barton Road (within Grand Terrace city limit)
2. Mount Vernon Avenue from Barton Road to Main Street
3. Main Street from westerly City limit to Mount Vernon Avenue
4. La Cadena Drive (within Grand Terrace city limit)
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Award of January-2016 Community Benefit Funds to the
Grand Terrace Little League
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Approve the award of $2,000.00 of the City’s Community
Benefits Fund to the Grand Terrace Little League to help
fund equipment and supplies needed for the 2016 Little
League Season.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of
revenue receipts and expenditure disbursements against approved budget
appropriations; and
Goal #4 – Develop and Implement Successful Partnerships through productive
collaboration with community groups, youth programs and senior organizations.
BACKGROUND:
On June 23, 2015, City Council approved the use of $25,000 from the City’s General
Fund Reserve Balance, to establish a Community Benefits Fund (CBF). The Community
Benefits Fund’s purpose is to provides funding for local youth programs, community
events, community fee waivers, and be used as an economic development tool for small
business development in the City.
On August 11, 2015, City Council approved the CBF Program Guidelines, Application
and authorized the City Manager to implement the program.
The City Council has approved 3 grants to date:
No. Account Title Approved
Amount
1. Foundation of Grand Terrace $350
2. Terrace View Elementary PTA 1,000
3. Friends of the Grand Terrace
Branch Library 1,750
TOTAL $3,100
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DISCUSSION:
The City received an application from the Grand Terrace Little League.
GRAND TERRACE LITTLE LEAGUE
The Grand Terrace Little League is a league dedicated to the love of the game while
having fun learning. Baseball and softball programs are provided for players of various
age levels and abilities to ensure a fair, positive and enriching experience.
The purpose of the association is to provide training, instruction, teamwork, and good
sportsmanship, along with fundamental skills of the game. Players are encouraged to
respect teammates and opponents, and to develop a positive sense of self-esteem.
The Grand Terrace Little League strives to keep their costs down in an effort to allow
more children from lower income families join the league. The League has successfully
been able to accept children even if their families cannot afford to pay league enrollment
costs. Below is a summary of their funding request.
Project Title: Grand Terrace Little League Equipment fund
Project Activity: To aid in the purchase of baseball and softball
equipment for the 2016 season.
Public Purpose: With the help of the Community Benefits
Funding, the league will be able to keep sign-up
costs down, enabling kids from lower income
families to join and play. The league does not
turn down any child that wants to play even if the
family cannot afford to pay sign-up costs.
Amount Requested: $2,000.00
Utilization of Funds: Funds will be used to purchase various baseball
and softball equipment for the 2016 season such
as base mitts, baseballs, softballs, scorebooks,
and bases.
RECOMMENDATION:
After staff reviewed the league’s application, it is recommended that City Council:
1. Approve the award of $2,000.00 of the City’s Community Benefits Fund to the
Grand Terrace Little League.
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Upon City Council approval, the applicant will comply with the following:
1. Issue the City of Grant Terrace an invoice for the grant amount;
2. Complete a W-9 form for reporting purposes;
3. Submit receipts within 30 days of the event/activity showing that the funds
provided were used for their original intent.
Attached is the submitted application from the Grand Terrace Little League.
FISCAL IMPACT:
Funds in the amount of $25,000 have been approved for the program and established in
the Community Benefits Fund (Fund 61). If approved, the table below will show the
balances of each category remaining in the fund:
Fund
No.
Account
No. Account Title
Balance
as of
Dec-2015
Proposed
Grant
Awards
Balance
61 461-100 Youth Programs $7,250 ($2,000) $5,250
61 461-200 Art, Business &
Service Org. 4,650 0 4,650
61 461-300 Community Waiver
Requests 5,000 0 5,000
61 461-400 Other Community
Grants 5,000 0 5,000
TOTAL $21,900 ($2,000) $19,900
ATTACHMENTS:
CBF 2015-16-004 - Grand Terrace Little League (PDF)
APPROVALS:
Cynthia Fortune Completed 01/05/2016 5:50 PM
Finance Completed 01/05/2016 5:51 PM
City Attorney Completed 01/06/2016 8:20 AM
City Manager Completed 01/06/2016 9:20 AM
City Council Pending 01/12/2016 6:00 PM
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CITY OF GRAND TERRACE
COMMlJNITY BENEFITS F,UND (GT-CBF)
GT-CBF FUNDING APPLICATION
PURPOSE
Grand Terrace City Council's Community Benefits Fund (GT-CBF) provides funding for local
youth programs, community events, community fee waivers, and be used as an economic
development tool for small business development in the City.
Projects or activities that achieve one or more of the following criteria may be eligible for
funding:
• to increase community identity and participation;
• to increase services benefitting our youth, seniors and the community;
• to build innovative and effective responses to emerging community needs and social
issues; and
• to increase the skills, knowledge and understanding within the community to respond
to community issues and need.
FUNDING CONSIDERATIONS and PROCESS
Grants will be awarded up to a maximum amount of $2,000 for a project and must be completed
during the current fiscal year (June 30). Below lists the funding set aside for each category:
Catego!Y Total Budget
Youth Programs $10,000
Art, Business & Service Organizations $5,000
Community Waiver Requests $5,000
Other (ex. economic development enhancements, $5,000 etc.)
TOTAL $25,000
Please refer to the Community Benefits Fund 2016 Guideline for a comprehensive list of
projects or activities that will not be considered for funding. All qualified applications will be
submitted to City Council for review and approval.
SUBMITTING YOUR APPLICATION
The Grand Terrace Community Benefits Fund (GT-CBF) will accept applications at the
first of each month. We can receive written funding requests by email at
gtcbhfundingreguests@grandterrace-ca .gov or by fax to (909) 824-6623. You can also submit
your application via postal service or other express delivery courier to Grand Terrace
Community Benefits Fund, 22795 Barton Road, Grand Terrace, CA 92313-5295. Questions can
be directed to gtcbhfundingrequests@grandterrace-ca .gov or by phone at (909) 824-6621
extension 6.
City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov
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CITY OF GRAND TERRACE
COMMlJN I TY BENEFITS F U ND (GT-CBF)
ORGANIZATION INFORMATION
Organization Name: c P-AAf J T efeR-ACt;: 1,·1-1-1~ /~A41.A..C
Organization Mission:
To ~i/1~~ A S:.~t" 9-U£A':t: fr09rM.. {!o~ t{ovtr-
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Organization Contact #1: Name: fVlA.Uk ~c1;;;ni.o,J Title: ?i£c:.d0u f-
Mailing Address: Ml/:J. f 6t-"Y2--IO<N Vld ~ d--BS-
City, State, Zip Code Gtz.A/'J J TeeaA c..c ~ 9251~-S"coB
Phone & E-mail: Phone:Cf~/-::Z,-"7~?-. E-mail: M&rk~Vo ,...f:s,.A, <;.. i/..J..-.
Organization Contact #2: Name: 13/'J h (' .h..AV~<.. Title: -rJ2_c,...-·.n,:;-D
Mailing Address: LA-P"; ')l... Sr
City, State, Zip Code ~~Jl~CG ~ f1'~313-~g
Phone & E-mail: C('t>Cf Phone: %?, It;; -3<:f I I E-mail: Ec..Mv4blf4;1/~ ~
Have you ever applied for funding through the City's D Yes ~No Community Benefit FUND (CBH) before?
If yes, please list each time you've applied, the outcome, whether you were granted funding or
not, the amount your organization originally requested and the amount approved, if any.
Purpose of Request Amount Amount
Prior Funding Requests Date Requested Approved
(if any) (if any)
1.
2.
3.
4.
5.
Date of Application: 1/q/;~
Requested Amount: d,,t;(;{). 60
City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov
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CITY OF, GRAND TERRACE
COMMUNITY BENEFITS FUND (GT-CBF)
PROJECT INFORMATION
Project/Activity Title: ~~ {e~c.£ /1 ft{e, /e:A9t.>..£:. ~lff'~/-f:-u~
To V~ocJ.A"°€.. /JeW t;;q.td p~+--Oo fl +lu:. ;Ml b
Project/Activity Description 5£ASo.0. (description of event the
organization is seeking
funding for)
Describe how the "v ;"-h f.fa Ir w ;K -rk;s r.;W>)Jl ~e:. c_p..,j kc.q> s ~ 'T'IJ up
project/activity is for a ~+-s ~t-J, Aiv& we:. &c./J 4AvE.. /V1oQe: k.;.J s
public purpose and 1/J /owt:,r;z_ i~~llA€ J/-oM-&Slo 'PiA.4.f, w€ bo,_,,'+ T"-14.)
benefits the residents and AN'( /..:r..~c). ~+ 0AN-f---s Tc PIA.y EIJ€JJ ~.C~ f?-v..~
or community of Grand t,~'"t A.{l~~ to 1>P<'f, Terrace
~Youth D Seniors OWomen D Low-
Project/Activity Target Income
Population: 0 Businesses D Disabled D Yes D Entire
Persons Community
Project/Activity Date:
Location of l': C-0 7Plf2k... Project/Activity:
Detailed description of
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w,'<1--kcxJ-fu u+ ~ 1k; s r.:::;"-_,..ufl1 ~.. '$19 rtJ Uf'
C,;.sf w; 11 ;c.Jcye,,.!;e:~ funding not be approved:
Submit completed application to: City of Grand Terrace
City Manager's Office
22795 Barton Road
Grand Terrace, CA 92313-5295
Attn: G. Harold Duffey
City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov
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Order Confirmation
BSHSPORTS"
DALLAS, TX 75209
Tel: 1-ll00-774-0972 Fax: 1~60
Visit us at www.bsnsports.com
Contact Your Rep
Ryan Baker EmaH:rbaker@bsnsports.com I Phone:9n-8114-7373 x7373
Sold to
1103391
GRAND TERRACE LL
22421 Barton Rd. Ste. 285
GRAND TERRACE CA 92313
USA
Item Description
Ship To
2866451
Mike O'Neil
22547 La Paix Street
GRAND TERRACE CA 92313
USA
MAC PRO 100 FIRST BASE MITT-FITS RT HND
Item #-MCFB100R
MAC SAFE/SOFT BASEBALL LEVEL 1 Item # -MCB5SV01
MAC SAFE/SOFT BASEBALL LEVEL 5
Item # -MCB5SV05
MAC 79P PRACTICE BASEBALL Item # -MCB79PXX
MAC 76 OFFICIAL LITTLE LEAGUE BASEBALL Item # -MCB76CXX
PRACTICE SOFTBALL -11" YELLOW Item # -5PSBY11
MAC 11-" LL POLY CORE SOFTBALL YELLOW Item#-MCSB11LLY
PRACTICE SOFTBALL -12" YELLOW Item#-5PSBY12
MAC 12 LL POLY CORE SOFTBALL YELLOW
Item#-MCSB12U Y
BASEBAU SCOREBOOK
Item # -MSBASBOK
MAC WAFFLE STYLE IN GROUND HOME PLATE
Item # -BBHPSAFW
BIG LEAGUE BASE PLUG 3 PACK Item # -BBBLPLUGPK
BOLCO 110 DBL DOUBLE FIRST BASE Item #-1196511
BOLCO DOUBLE GROUND ANCHOR Item # -1196535
Subtotal:
Other:
Freight:
Order fl: 6763504
Purchase Order fl: Equipment 12215
cart Name:
Order Dato: 12/02/2015
~mated Delivery. 12104/2015
Payment Tenns: NT30
Ship Via:
Ordered By: Ben Thomas
Payer
1103391
GRAND TERRACE L L.
22421 Barton Rd. Ste. 285
GRAND TERRACE CA 92313
USA
Qty Unit Pri"8
2EA $ 49.99
12DZN $ 37.99
9DZN $ 37.99
15 DZN $ 29.99
13 DZN $ 34.99
10DZN $ 37.99
3 DZN $ 49.99
10DZN $ 37_99
7DZN $ 54.99
30EA s 3.50
1 EA $ 49.99
5PAC $ 24.99
1 EA $ 209.99
1 EA $ 57.99
Sales Tax:
Order Total:
Payment/Credit Applied:
Order Total:
Check your order at www.bsnsports.com/?&order=6763504&zip=92313
Page: 1 of 1
Total
$ 99.98
$ 455.88
$ 341.91
$ 449.85
$ 454.87
$ 379.90
$ 149.97
$ 379.90
$ 384.93
$ 105.00
$ 49.99
$ 124.95
$ 209.99
$ 57.99
$3,645.11
$0.00
$273.28
$291.61
$4,210.00
$0.00
$4,210.00
6.a
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Approval of a Contractor Agreement Between The City of
Grand Terrace and Clean Street for Street Sweeping
Services
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1. Reject the non-responsive bid from Kellar Sweeping; and
2. Award Street Sweeping Contractor Agreement to Clean
Street, the lowest, responsive and responsible bidder;
3. Authorize the City Manager to Execute the Agreement;
and
4. Authorize the appropriation of $10,000 from the Gas Tax
Fund’s fund balance to account 900-254-000-000 for street
sweeping services.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure.
BACKGROUND:
On September 22, 2015, the City Council authorized an emergency purchase order for
continued citywide street sweeping services with Kellar Sweeping through the end of
February 2016. At that time, staff informed Council that a formal bid for street sweeping
services would be issued by the end of 2015, and that by the end of February 2016 the
City would have a new contract agreement for street sweeping services. At that time,
staff also informed Council that City staff would be exploring alternative methods of
parking enforcement such as license plate readers on street sweeping vehicles to free
up code enforcement resources, and such alternatives would be included in the bid.
DISCUSSION:
On October 29, 2015 a Notice Inviting Bids for street sweeping services was advertised
on the City website and emailed to various street sweeping companies. Three (3) bids
were received on November 18, 2015. The City Clerk conducted the bid opening
witnessed by the Management Analyst and City Manager. Of the three (3) bids
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received, two (2) were determined to be responsive (Reference Attached Bid
Proposals). The bids received are as follows:
Street Sweeping Bids Received
Company Residential Sweeping
(Year 1)
Business District
Sweeping (Year 1)
Total
Mechanical
Sweeper
Vacuum
Sweeper
Mechanical
Sweeper
Vacuum
Sweeper
Mechanical
Sweeper
Vacuum
Sweeper
Kellar
Sweeping $51,000.00 $51,000.00 $51,000.00
Clean Street $43,680.00 $39,000.00 $14,950.00 $13,000.00 $58,630.00 $52,000.00
Pacific
Sweeping
$1,080 (36 days)
=$38,880
$1,240.00 (36 days)
= $44,640
$1,080 (36 days)
= $38,880 $1,240.00 (36
days) = $44,640 $77,760.00 $89,280.00
The Notice Inviting Bids requested bids to provide street sweeping services in a
thorough and professional manner, and to provide labor, tools, equipment, materials
and supplies necessary to complete the work in a timely manner according to the Scope
of Work. A map was provided of the current street sweeping route and schedule.
The bid schedule specified residential sweeping, business district sweeping, emergency
sweeping (on-call or special events), as well as pricing for an optional odd/even
schedule and license plate reader. As shown in the table above, the bids were
compared based on residential and business district sweeping rates. For the two (2)
responsive bidders, the odd/even schedule for street sweeping was more expensive
than the standard schedule that the City currently follows. The City will continue to
follow the current zone schedule on the first, second and third Thursday of the month.
The lowest, responsive bidder is Clean Street. Kellar Sweeping responded with a flat
rate bid of $51,000 for residential and commercial sweeping, but did not meet the
requirements of the bid. Bidders were instructed to provide three (3) municipal
references and acknowledge receipt of the bid addendum. Kellar Sweeping only
provided one reference and did not acknowledge the addendum that was issued. It is
the practice of the City to require bidders to be responsive. For instance, the City
Council previously rejected the lowest bidder for landscape maintenance services,
because the vendor was not responsive in providing references as instructed. The
award was instead given to the second lowest bidder because they were responsive.
Staff received good feedback from the references that were provided by Clean Street.
Clean Street provides street sweeping services for the City of Fontana, and is the sub-
contractor for the Burrtec Waste Industries providing services for the City of Highland
and the City of Rialto.
Furthermore, Clean Street is willing to purchase, install and provide reporting services
for a high definition camera that will be used by the vendor to document vehicles that
violate parking requirements during street sweeping times for an amount not to exceed
$6,000. The camera will not run continuously, but will only be turned on to capture the
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license plate, make and model of the vehicles and parking position of the vehicle on the
street in violation of the parking requirements. After capturing the image, the camera will
return to the off position. The vendor will provide weekly report and still shots from
camera footage to the Code Enforcement Officer who will then verify the reports and
footage and transmit the report to Data Ticket for the issuance of citations. Data Ticket
currently provides citation processing services for the City.
The code enforcement officer spends at least 18 hours a month on street sweeping
enforcement. This method of camera enforcement will allow the City to shift code
enforcement efforts elsewhere in the City.
Staff is recommending that City Council do the following:
I. Reject the bid from Kellar Sweeping as non-responsive;
II. Award the Street Sweeping Contractor Agreement to Clean Street beginning
March 1, 2016 through February 28, 2018 for an amount not to exceed
$58,000.00 annually. A one year extension may be granted by the City;
III. Authorize the City Manager to execute the agreement; and
IV. Authorize an appropriation from the Gas Tax Fund’s fund balance in the amount
of $10,000 to 900-254-000-000 for street sweeping services.
FISCAL IMPACT:
The contract amount is $52,000.00 annually plus $6,000.00 for the high definition
camera installation and reporting service. There are funds budgeted in the Gas Tax
Fund to cover this expense through the end of Fiscal Year 2015-16. Staff is requesting
an appropriation of $10,000 from the Gas Tax Fund balance to cover the remaining
$10,000 needed through the end of the fiscal year for street sweeping services.
Gas Tax Fund Appropriation for Street Sweeping Services
FUND ACCOUNT ACCOUNT TITLE PROPOSED
APPROPRIATION
Gas Tax Fund (16) 900-254-000-000 Street Sweeping Services
– Original Appropriation
$49,400.00
Projected Expenditures through Feb 2016 ($39,100.00)
Balance as of March 1, 2015 $10,300.00
Gas Tax Fund (16) Proposed appropriation from Fund Balance to
900-254-000-000
$10,000.00
TOTAL $20,300.00
ATTACHMENTS:
Kellar Sweeping Bid.pdf (PDF)
Clean Street Bid.pdf (PDF)
Pacific Sweeping Bid.pdf (PDF)
Contractor Agreement (PDF)
Contractor Agreement (Exhibit C).pdf (PDF)
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APPROVALS:
Sandra Molina Completed 01/06/2016 6:23 PM
Finance Completed 01/06/2016 6:50 PM
City Attorney Completed 01/07/2016 11:20 AM
Community Development Completed 01/07/2016 1:58 PM
City Manager Completed 01/07/2016 3:30 PM
City Council Pending 01/12/2016 6:00 PM
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Packet Pg. 106
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Packet Pg. 107
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Packet Pg. 108
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Packet Pg. 109
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Packet Pg. 110
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Packet Pg. 111
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7.a
Packet Pg. 112
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Packet Pg. 113
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Packet Pg. 114
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7.a
Packet Pg. 115
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7.a
Packet Pg. 116
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7.a
Packet Pg. 117
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7.a
Packet Pg. 118
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7.a
Packet Pg. 119
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7.a
Packet Pg. 120
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7.a
Packet Pg. 121
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Packet Pg. 122
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7.a
Packet Pg. 123
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7.a
Packet Pg. 124
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7.b
Packet Pg. 125
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7.b
Packet Pg. 126
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7.b
Packet Pg. 127
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7.b
Packet Pg. 128
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7.b
Packet Pg. 129
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7.b
Packet Pg. 130
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7.b
Packet Pg. 131
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7.b
Packet Pg. 132
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7.b
Packet Pg. 133
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7.b
Packet Pg. 134
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7.b
Packet Pg. 135
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7.b
Packet Pg. 136
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7.b
Packet Pg. 137
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7.b
Packet Pg. 138
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7.b
Packet Pg. 139
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7.b
Packet Pg. 140
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7.b
Packet Pg. 141
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7.b
Packet Pg. 142
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7.b
Packet Pg. 143
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7.b
Packet Pg. 144
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7.b
Packet Pg. 145
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7.b
Packet Pg. 146
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7.b
Packet Pg. 147
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Packet Pg. 148
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7.c
Packet Pg. 149
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1
AGREEMENT BETWEEN THE
CITY OF GRAND TERRACE AND CLEAN STREET
FOR STREET SWEEPING SERVICES
THIS AGREEMENT IS ENTERED INTO THIS 12TH DAY OF JANUARY,2016 BY AND
BETWEEN THE CITY OF GRAND TERRACE (“CITY”)AND CLEAN STREET
(CONTRACTOR) FOR STREET SWEEPING SERVICES.
RECITALS
WHEREAS,CONTRACTOR is a Licensed and Qualified Contractor to perform
the services required of Street Sweeping Services for the City of Grand Terrace; and
WHEREAS,CITY desires to utilize the services of CONTRACTOR to implement
Street Sweeping Services.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1.Scope of Services.Contractor shall perform all the services as described as
follows:
A.For and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by said City,said Contractor agrees
with said City to perform and complete in a workmanlike manner all work
required under the Bidding Schedule of the City’s Specification, in accordance
with the Specifications therefor,to furnish at his own expense all labor,
materials,equipment,tools and services necessary therefor,except those
materials,equipment,tools and services as may be stipulated in said
specification to be furnished by said City and to do everything required by this
Agreement and the said Specifications..
B.The Notice Inviting Bids,Instructions to Bidders,Bid proposal,Information
required of Bidder,Specification,and all addenda issued by the City with
respect to the foregoing prior to the opening of bids,are hereby incorporated
in and made a part of this Agreement.
2.Term.This Agreement shall be effective on March 1,2016 and the
Agreement shall remain in effect for two years,unless otherwise terminated pursuant to
the provisions herein.A maximum one year extension may be granted by the City.
3.Compensation/Payment.Contractor shall perform the Services under this
Agreement for the total sum not to exceed FIFTY EIGHT THOUSAND DOLLARS
($58,000.00)ANNUALLY payable in accordance with the terms set forth in Exhibit “B”.
7.d
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Payment shall be made in accordance with City's usual accounting procedures upon
receipt and approval of an itemized invoice setting forth the services performed.The
invoices shall be delivered to City at the address set forth in Section 4 hereof.
4.Notices.Any notices required to be given hereunder shall be in writing and
shall be personally served or given by mail.Any notice given by mail shall be deemed
given when deposited in the United States Mail,certified and postage prepaid,
addressed to the party to be served as follows:
To City To Contractor
City of Grand Terrace Clean Street
Attn:Adreane Freeman Attn:Rick Anderson,Secretary
22795 Barton Road 1937 W.169th Street
Grand Terrace, CA 92313 Gardena,CA 90247
5.Prevailing Wage.If applicable,Contractor and all subcontractors are
required to pay the general prevailing wage rates of per diem wages and overtime and
holiday wages determined by the Director of the Department of Industrial Relations
under Section 1720 et seq.of the California Labor Code and implemented the City
Council of the City of Grand Terrace.The Director’s determination is on file and open to
inspection in the office of the City Clerk and is referred to and made a part hereof;the
wage rates therein ascertained,determined,and specified are referred to and made a
part hereof as though fully set forth herein.
6.Contract Administration.A designee of the City will be appointed to
administer this Agreement on behalf of City and shall be referred to herein as Contract
Administrator.
7.Standard of Performance.While performing the Services,Contractor shall
exercise the reasonable Contractor care and skill customarily exercised by reputable
members of Contractor’s profession practicing in the Metropolitan Southern California
Area,and shall use reasonable diligence and best judgment while exercising its
Contractor skill and expertise.
8.Personnel.Contractor shall furnish all personnel necessary to perform the
Services and shall be responsible for their performance and compensation.Contractor
recognizes that the qualifications and experience of the personnel to be used are vital to
Contractor and timely completion of the Services.
9.Assignment and Subcontracting.Neither party shall transfer any right,
interest,or obligation in or under this Agreement to any other entity without prior written
consent of the other party.In any event,no assignment shall be made unless the
assignee expressly assumes the obligations of assignor under this Agreement,in
writing satisfactory to the parties.Contractor shall not subcontract any portion of the
work required by this Agreement without prior written approval by the responsible City’s
7.d
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3
Contract Administrator.Subcontracts,if any,shall contain a provision making them
subject to all provisions stipulated in this Agreement,including without limitation,the
insurance obligations set forth in Section 12.Contractor acknowledges that any transfer
of rights may require City Manager and/or City Council approval.
10.Independent Contractor.In the performance of this Agreement,
Contractor,and Contractor's employees,subcontractors and agents,shall act in an
independent capacity as independent contractors,and not as officers or employees of
the City or the City of Grand Terrace.Contractor acknowledges and agrees that the
City or the City has no obligation to pay or withhold state or federal taxes or to provide
workers’compensation or unemployment insurance to Contractor,or to Contractor’s
employees,subcontractors and agents.Contractor,as an independent contractor,shall
be responsible for any and all taxes that apply to Contractor as an employer.
11.Indemnification.
11.1 Indemnity.Except as to the sole negligence or willful misconduct of the
City,Contractor shall defend,indemnify and hold the City,and its officers,employees
and agents,harmless from any and all loss,damage,claim for damage,liability,
expense or cost,including attorneys’fees,which arises out of or is in any way
connected with the performance of work under this Agreement by Contractor or any of
the Contractor's employees,agents or subcontractors and from all claims by
Contractor's employees,subcontractors and agents for compensation for services
rendered to Contractor in the performance of this Agreement,notwithstanding that the
City may have benefitted from their services.This indemnification provision shall apply
to any acts or omissions,willful misconduct or negligent conduct,whether active or
passive,on the part of Contractor or of Contractor's employees,subcontractors or
agents.
11.2 Attorney’s Fees.The parties expressly agree that any payment,attorneys’
fees,costs or expense that the City incurs or makes to or on behalf of an injured
employee under the City’s self-administered workers'compensation is included as a
loss,expense or cost for the purposes of this Section,and that this Section shall survive
the expiration or early termination of the Agreement.
12.Insurance.
12.1 General Provisions.Prior to the City’s execution of this Agreement,Contractor
shall provide satisfactory evidence of,and shall thereafter maintain during the term of
this Agreement,such insurance policies and coverages in the types,limits,forms and
ratings required herein.The rating and required insurance policies and coverages may
be modified in writing by the City’s Risk Manager or City Attorney,or a designee,unless
such modification is prohibited by law.
7.d
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4
12.1.1 Limitations.These minimum amounts of coverage shall not constitute
any limitation or cap on Contractor's indemnification obligations under Section 11
hereof.
12.1.2 Ratings.Any insurance policy or coverage provided by Contractor or
subcontractors as required by this Agreement shall be deemed inadequate and a
material breach of this Agreement,unless such policy or coverage is issued by
insurance companies authorized to transact insurance business in the State of
California with a policy holder’s rating of A-or higher and a Financial Class of VII or
higher.
12.1.3 Cancellation.The policies shall not be canceled unless thirty (30)days
prior written notification of intended cancellation has been given to City by certified or
registered mail, postage prepaid.
12.1.4 Adequacy.The City and the City,its officers,employees and agents
make no representation that the types or limits of insurance specified to be carried by
Contractor pursuant to this Agreement are adequate to protect Contractor.If Contractor
believes that any required insurance coverage is inadequate,Contractor will obtain such
additional insurance coverage as Contractor deems adequate,at Contractor's sole
expense.
12.2 Workers’Compensation Insurance:By executing this Agreement,
Contractor certifies that Contractor is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against
liability for workers’compensation,or to undertake self-insurance before commencing
any of the work.Contractor shall carry the insurance or provide for self-insurance
required by California law to protect said Contractor from claims under the Workers’
Compensation Act.Prior to City's execution of this Agreement,Contractor shall file with
City either (1)a certificate of insurance showing that such insurance is in effect,or that
Contractor is self-insured for such coverage,or (2)a certified statement that Contractor
has no employees,and acknowledging that if Contractor does employ any person,the
necessary certificate of insurance will immediately be filed with City.Any certificate filed
with City shall provide that City will be given ten (10)days prior written notice before
modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance.Prior to City's
execution of this Agreement,Contractor shall obtain,and shall thereafter maintain
during the term of this Agreement,commercial general liability insurance and
automobile liability insurance as required to insure Contractor against damages for
personal injury,including accidental death,as well as from claims for property damage,
which may arise from or which may concern operations by anyone directly or indirectly
employed by,connected with,or acting for or on behalf of Contractor.The City and the
City,and its officers,employees and agents,shall be named as additional insureds
under the Contractor’s insurance policies.
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12.3.1 Contractor’s commercial general liability insurance policy shall cover both
bodily injury (including death)and property damage (including,but not limited to,
premises operations liability,products-completed operations liability,independent
Contractor’s liability,personal injury liability,and contractual liability)in an amount not
less than $1,000,000 per occurrence and a general aggregate limit in the amount of not
less than $2,000,000.
12.3.2 Contractor’s automobile liability policy shall cover both bodily injury and
property damage in an amount not less than $500,000 per occurrence and an
aggregate limit of not less than $1,000,000.All of Contractor’s automobile and/or
commercial general liability insurance policies shall cover all vehicles used in
connection with Contractor’s performance of this Agreement,which vehicles shall
include,but are not limited to,Contractor owned vehicles,Contractor leased vehicles,
Contractor’s employee vehicles,non-Contractor owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement,copies of insurance policies or
original certificates and additional insured endorsements evidencing the coverage
required by this Agreement,for both commercial general and automobile liability
insurance,shall be filed with City and shall include the City and the City and its officers,
employees and agents,as additional insureds.Said policies shall be in the usual form
of commercial general and automobile liability insurance policies,but shall include the
following provisions:
It is agreed that the City of Grand Terrace and its officers,employees and agents,are
added as additional insureds under this policy,solely for work done by and on behalf of
the named insured for the City of Grand Terrace and the Redevelopment Agency for the
City of Grand Terrace.
13.Business Tax.Contractor understands that the Services performed under
this Agreement constitutes doing business in the City of Grand Terrace, and Contractor
agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04
of the Grand Terrace Municipal Code and keep such tax certificate current during the
term of this Agreement.
14.Time of Essence.Time is of the essence for each and every provision of
this Agreement.
15.City's Right to Employ Other Contractors.City reserves the right to
employ other Contractors in connection with the Services.
16.Conflict of Interest.Contractor,for itself and on behalf of its employees,
represents and warrants that by the execution of this Agreement,they have no interest,
present or contemplated,in the Services affected by the above-described Services.
Contractor further warrants that neither Contractor,nor its employees have any real
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property,business interests or income interests that will be affected by this Service or,
alternatively,that Contractor will file with the City an affidavit disclosing any such
interest.
17.Solicitation.Contractor warrants that Contractor has not employed or
retained any person or City to solicit or secure this Agreement,nor has it entered into
any agreement or understanding for a commission,percentage,brokerage,or
contingent fee to be paid to secure this Agreement.For breach of this warranty,City
shall have the right to terminate this Agreement without liability and pay Contractor only
for the value of work Contractor has actually performed,or,in its sole discretion,to
deduct from the Agreement price or otherwise recover from Contractor the full amount
of such commission,percentage,and brokerage or commission fee.The remedies
specified in this section shall be in addition to and not in lieu of those remedies
otherwise specified in this Agreement.
18.General Compliance with Laws.Contractor shall keep fully informed of
federal,state and local laws and ordinances and regulations which in any manner affect
those employed by Contractor,or in any way affect the performance of services by
Contractor pursuant to this Agreement.Contractor shall at all times observe and comply
with all such laws,ordinances and regulations,and shall be solely responsible for any
failure to comply with all applicable laws,ordinances and regulations.
19.Amendments.This Agreement may be modified or amended only by a
written Agreement and/or change order executed by the Contractor and City.
20.Termination. City,by notifying Contractor in writing,shall have the right to
terminate any or all of Contractor’s services and work covered by this Agreement at any
time.In the event of such termination,Contractor may submit Contractor's final written
statement of the amount of Contractor's services as of the date of such termination
based upon the ratio that the work completed bears to the total work required to make
the report complete,subject to the City’s rights under Sections 15 and 21 hereof.In
ascertaining the work actually rendered through the termination date,City shall consider
completed work,work in progress and complete and incomplete reports and other
documents only after delivered to City.
23.1 Other than as stated below,either party shall give thirty (30)days written
notice prior to termination.
23.2 City may terminate this Agreement upon fifteen (15)days written notice to
Contractor,in the event:
23.2.1 Contractor substantially fails to perform or materially breaches the
Agreement;or
23.2.2 City decides to abandon or postpone the Services.
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21.Offsets.Contractor acknowledges and agrees that with respect to any
business tax or penalties thereon,utility charges,invoiced fee or other debt which
Contractor owes or may owe to the City,City reserves the right to withhold and offset
said amounts from payments or refunds or reimbursements owed by City to Contractor.
Notice of such withholding and offset shall promptly be given to Contractor by City in
writing.In the event of a dispute as to the amount owed or whether such amount is
owed to the City and/or the City,City will hold such disputed amount until either the
appropriate appeal process has been completed or until the dispute has been resolved.
22.Successors and Assigns.This Agreement shall be binding upon City and
its successors and assigns,and upon Contractor and its permitted successors and
assigns,and shall not be assigned by Contractor,either in whole or in part,except as
otherwise provided in paragraph 9 of this Agreement.
23.Venue and Attorneys'Fees.Any action at law or in equity brought by
either of the parties hereto for the purpose of enforcing a right or rights provided for by
this Agreement shall be tried in a court of competent jurisdiction in the County of San
Bernardino,State of California,and the parties hereby waive all provisions of law
providing for a change of venue in such proceedings to any other county.In the event
either party hereto shall bring suit to enforce any term of this Agreement or to recover
any damages for and on account of the breach of any term or condition of this
Agreement,it is mutually agreed that the prevailing party in such action shall recover all
costs thereof,including reasonable attorneys'fees,to be set by the court in such action.
24.Nondiscrimination.During Contractor’s performance of this Agreement,
Contractor shall not discriminate on the grounds of race,religious creed,color,national
origin,ancestry,age,physical disability,mental disability,medical condition,including
the medical condition of Acquired Immune Deficiency Syndrome (AIDS)or any condition
related thereto,marital status,sex,or sexual orientation,in the selection and retention
of employees and subcontractors and the procurement of materials and equipment,
except as provided in Section 12940 of the California Government Code.Further,
Contractor agrees to conform to the requirements of the Americans with Disabilities Act
in the performance of this Agreement.
25.Severability. Each provision,term,condition,covenant and/or restriction,
in whole and in part,of this Agreement shall be considered severable.In the event any
provision,term,condition,covenant and/or restriction,in whole and/or in part,of this
Agreement is declared invalid,unconstitutional,or void for any reason, such provision or
part thereof shall be severed from this Agreement and shall not affect any other
provision,term,condition,covenant and/or restriction of this Agreement,and the
remainder of the Agreement shall continue in full force and effect.
26.Authority:The individuals executing this Agreement and the instruments
referenced herein on behalf of Contractor each represent and warrant that they have
the legal power,right and actual authority to bind Contractor to the terms and conditions
hereof and thereof.
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27.Entire Agreement:This Agreement constitutes the final,complete,and
exclusive statement of the terms of the agreement between the parties pertaining to the
subject matter of this Agreement,and supersedes all prior and contemporaneous
understandings or agreements of the parties.Neither party has been induced to enter
into this Agreement by,and neither party is relying on,any representation or warranty
outside those expressly set forth in this Agreement.
28.Interpretation.City and Contractor acknowledge and agree that this
Agreement is the product of mutual arms-length negotiations and accordingly,the rule
of construction,which provides that the ambiguities in a document shall be construed
against the drafter of that document,shall have no application to the interpretation and
enforcement of this Agreement.
28.1 Titles and captions are for convenience of reference only and do not
define,describe or limit the scope or the intent of the Agreement or any of its terms.
References to section numbers are to sections in the Agreement unless expressly
stated otherwise.
28.2 This Agreement shall be governed by and construed in accordance with
the laws of the State of California in effect at the time of the execution of this
Agreement.
28.3 In the event of a conflict between the body of this Agreement and Exhibit
“A” (“Scope of Services”) hereto,the terms contained in Exhibit “A”shall be controlling.
29.Exhibits.The following exhibits attached hereto are incorporated herein to
this Agreement by this reference:
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IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly
executed the day and year first above written.
THE CITY OF GRAND TERRACE,
A public body
By:_
G. Harold Duffey
City Manager
Attest:_
Pat Jacquez-Nares
City Clerk
APPROVED AS TO FORM:
By:_
City Attorney
Company
CLEAN STREET
By:_
Rick Anderson,Secretary
[Printed Name]
[Title]
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EXHIBIT “A”
SCOPE OF WORK
Clean Street shall provide street sweeping services in a thorough and professional
manner,and to provide labor,tools,equipment,materials and supplies necessary to
complete the work in a timely manner that will meet the City’s requirements.
A.Objectives
The primary objectives of the sweeping program are to:
1.Establish and adhere to a regular schedule of performance
2.Maintain gutter flow lines free of debris for free flow of water
3.Maintain a state of cleanliness for road safety acceptable to the City and its
residents.
4.Meet all Federal,State,County and City laws and ordinances
5.Meet South Coast Air Quality Management District (AQMD)requirements
6.Meet all National Pollution Discharge Elimination System (NPDES)
requirements to remove and properly dispose of dust,silt,dirt,leaves and
other organic and inorganic materials from the City streets prior to such
materials entering the City’s storm drain system.
B.Services Requested:
1.Services shall include furnishing all labor,equipment,tools,fuel,insurance,
supervision,disposal costs and materials (except water),to sweep streets in
accordance with the schedule and specifications contained in this document.
2.During the term of the contract,the Contractor shall sweep by machine all
residential public streets,commercial public streets and all the paved public
alleys in the City,in accordance with the sweeping schedule as established
by the City prior to execution of the contract.
3.Commercial and residential streets are defined for the purposes of this
contract as all areas of public streets which are paved and which are regularly
used for the operation of motor vehicles.
C.Description of Work
1.City of Grand Terrace (Residential) –One (1)Time Per Month
a.The current six (6) zone schedule (Exhibit C)will be followed
2.Grand Terrace Business District –One (1)Time Per Week
a.Both sides of Barton Road from western City limit at 21800 Barton
Road to the eastern City limit at 23200 Barton Road
b.Both sides of Mt.Vernon from Main (North) to the northern City limit
approximately 1500 feet north of Grand Terrace Road.
3.City Lots –One (1)Time Per Month
a.City Hall
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b.Parks: Pico Park, Rollins Park and Fitness Park
c.Senior Center
4.Services shall include up to six (6)special events a year that will require sweeping
beyond the schedule of service mentioned above.
5.Residentially zoned areas shall be swept between 6:00 am and 1:00 pm on
Thursdays.Commercially zoned areas can be swept from 9:00 pm to 6:00
am.If any complaints arise from the sweeping times other than the 6:00 am to
1:00 pm times,the Contractor must work with the Community Development
Department to resolve the issue to the City’s satisfaction.
D.Special Requirements
1.The Contractor shall obtain a City of Grand Terrace business license
2.A GPS Navigation System with the ability to track the street sweeping activity
and provide a monthly report of the streets serviced
3.Street sweeping services shall not exceed 8 mph on city streets
E.Special Requirement (Camera System and Reporting)
1.Purchase and Installation of high definition camera and DVR that can
document cars in violation of street sweeping schedule
2.Camera shall not run continuously,but shall only be turned on to capture the
license plate,make and model of the vehicles and parking positon on the
street of vehicles in violation of the street sweeping parking schedule. Once
the image of the vehicle in violation is captured on the street,the camera shall
return to off position.
3.All footage recorded by camera/DVR is public record so all footage must be
retained by the City.
4.Provide weekly report (form to be determined by City Manager) and
footage to the City or designees as directed, of cars/licenses captured by
the license plate reader in violation of street sweeping parking schedule
F.Labor,Equipment and Materials
1.The Contractor shall use and furnish at his/her own expense all labor,
equipment,and materials necessary for the satisfactory performance of the
works set forth in this contract.
2.The operators shall be competent in all aspects of street sweeper operations.
This includes knowledge of all operational aspects of the equipment used,
knowledge of the California Vehicle Code,knowledge of standard safety
practices,and knowledge of notification procedures should the need arise to
contact City personnel.
3.The primary equipment shall be of a recognized make and shall be kept in
good and safe repair and not greater than 10-years old for either the chassis
and/or the vacuum system.Semi-annual inspection of all equipment must be
conducted with findings from those inspections to be submitted to the City in
writing.
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G.Quality Control
1.Sweeping shall be done in a neat,orderly and professional manner.The
street sweeper shall leave designated areas of sweeping free of dirt,litter,
debris,obstructions,smears and visual dust in accordance with the City’s
standards of cleanliness.
2.While sweeping shall normally consist of a single pass over an area,the
Contractor shall make additional passes or such extra effort as may be
required to adequately clean the street.Extra effort shall be required when
sweeping equipment leaves a dirt/silt smear in its pathway.Extra effort will be
strictly enforced during and after windy conditions and storm weather.The
cost of any extra effort shall be included in the contract cost.
3.Items that cannot be swept such as:tree limbs,palm fronds,rocks,trash and
debris shall be removed from the sweeping path by the sweeping operator
rather than going around it.Larger obstructions such as impaired vertical
and/or horizontal clearance by tree limbs,construction or landscaping debris
shall be immediately reported to the City when the location cannot be swept.
4.The City Manager or his/her designee shall be the sole judge of the quality of work.
In the event that the results of a sweep are considered to be unsatisfactory, the City
will notify the Contractor of exact location and description of deficiency. The
Contractor shall re-sweep the unsatisfactory area at its own expense,and responses
shall be completed within one (1)working day.
5.The Contractor must possess back-up capabilities for instances when
sweeping cannot be completed on schedule due to mechanical failure.
H.Emergency Sweeps
1.Occasional sweeping required by Contractor to include non-hazardous spills,
accident clean-ups and unusual conditions,which would require after-hour,
weekend and holiday responses.Response to emergency sweeps shall be
within two (2) hours of notification by the City.Contractor shall provide City
with name and phone number of contact person for after-hour emergency
sweeps.
I.Disposal
1.Contractor shall dispose of all refuse and debris collected from sweeping
operations in the City’s Corporate Yard.The cost for disposal is not included
in the contract cost.
J.Sweeping Practices and Standards of Performance
1.Areas of Street –Areas of the street to be swept include curb lines along
both sides of the roadway or to the edge of the pavement where no curb
exists,along all curbs on raised medians,over all portions of painted median,
painted left and right turn pockets,and all intersection turn pockets and
arterial intersection center areas and dead spots are to be maintained on the
same frequency as the median or intersection for which they are associated
and included in the curb mile price.Curb returns (radii)at intersections of
arterial and residential streets will be swept along their entire length and free
of debris on scheduled arterial sweeping days.Excluded from areas to be
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swept are those that would cause damage to the equipment used.While
Contractor is normally responsible for the 8’ strip (sweeper width),curb to
curb sweeping,an additional width of street may need to be swept at some
locations due to unforeseen circumstances and shall be included within the
curb mile price.
2.Flow of Traffic –Sweeping shall be accomplished in the same direction as
traffic flow at all times during sweeping
3.Warning Devices –Vehicles shall be equipped with top-mounted warning
lights (rotating or beacon)visible for 360• or comparable traffic safety lights
when sweeping.A rear-mounted left/right arrow stick shall be required for
arterial and bike lane sweepers.
4.Sweeping Speed –Sweeping speed shall be adjusted to street and debris
condition with a maximum speed of eight miles per hour (8 MPH).City streets
swept while driver exceeds eight miles per hour (8 MPH)will be re-swept in
their entirety at Contractor’s expense.In addition,a verbal warning will be
given for the first violation.A written warning will be given for the second
violation,and a “Failure to Perform”notice will be issued upon the third
violation.
5.Notification of Non-sweeping –Contractor shall provide City
representatives on a daily basis (when applicable)with list of all streets not
swept when regular sweeping schedule is interrupted for any reason and shall
deduct said street from the sweeping bill for that day/week.Contractor shall
provide a list of streets that cannot be swept to the City by the end of the
workday.The City shall notify the Contractor by phone on non-sweeping
conditions due to inclement weather.The City’s notification will serve as a
non-sweep day and will not be paid for by the City unless an alternative
sweeping schedule is coordinated by the Contractor and is submitted to the
City for approval.The daily rate will be calculated by the total annual cost
divided by the number of service days.
6.Holidays and Potential Conflicts with the Waste and Recycling
Contractor –Contractor will observe all City holidays and holidays observed
by the City’s franchised waste hauler.Approved non-sweep days will not be
paid for by the City unless an alternative sweeping schedule is coordinated by
the Contractor and is submitted to the City for approval.The daily rate will be
calculated by the total annual cost divided by the number of service days.
Trash and recycling collection days will take priority over street sweeping
days and cannot be bot h performed on the same day.Currently,Grand
Terrace is serviced by Burrtec Waste Industries,Inc.on Monday,Tuesday
and Wednesday (Fridays for City parks).
K.Water
1.The Contractor shall obtain water for sweeping operations at points
designated by the City.Necessary water shall be furnished at the expense of
the City.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
I.AMOUNT OF COMPENSATION.For performing and completing all services
pursuant to Exhibit "A" Scope of Services,is a total amount not to exceed
$58,000 (FIFTY EIGHT THOUSAND DOLLARS) ANNUALLY.
II.BILLING.At the end of each calendar month in which services are performed or
expenses are incurred under this Agreement,Consultant shall submit an invoice
to the City at the following address:
City of Grand Terrace
22795 Barton Road
Grand Terrace, Ca 92313
The invoice submitted pursuant to this paragraph shall show the:
1)Purchase order number;
2)Project name/description;
3)Name and hours worked by each person who performed services during
the billing period;
4)The title/classification under which they were billed;
5)The hourly rate of pay;
6)Actual out-of-pocket expenses incurred in the performance of services;
and,
7)Other such information as the City may reasonably require.
III.METHOD OF PAYMENT.Payment to Consultant for the compensation
specified in Section I,above,shall be made after the Executive Director or
designee determines that the billing submitted pursuant to Section II,above,
accurately reflects work satisfactorily performed.City shall pay Consultant
within thirty (30) days there from.
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Approve Funding Agreement and Lease Agreement with
Valley Transportation Service (VTrans) for Grand Terrace
Senior Transportation Program
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1) Approve Funding Agreement with VTrans for Grand
Terrace Senior Transportation Program; and
2) Approve Lease Agreement for VTrans Passenger Bus for
Grand Terrace Senior Transportation Program
2030 VISION STATEMENT:
This staff report supports Goal #4 "Develop and Implement Successful Partnerships" by
working with a regional agency to secure funding for programs and projects that benefit
seniors in our community.
BACKGROUND:
On October 27, 2015, the City Council approved the use of one-time money from the
2014-2015 Fiscal Year operating budget to fund a number of Quality Life Enhancement
and Preservation projects. Council actions included the allocation of $15,000 to
implement a Senior Bus Program.
The Grand Terrace Senior Center provides a full spectrum of services and activities,
including arts and crafts, bingo, card games, educational classes, guitar lessons, health
screenings, support groups and excursions. The Center also organizes a wide variety of
social gatherings including a monthly general meeting with entertainment on the second
Friday of every month at 10:00am. The Center is open from 8:00 a.m. to 3:00 p.m.,
Monday through Friday.
Family Services Association operates a senior nutrition program at the Senior Center by
providing lunch on a daily basis from 11:30 am to 12:30 pm at a recommended donation
cost of $3.00 for seniors aged 60+ and $5 for those less than 60 years old. The Senior
Center and the senior nutrition program are underutilized and City staff believes that a
lack of transportation to the Center is a significant contributing factor.
DISCUSSION:
The City of Grand Terrace has budgeted $15,000 annually from various funding sources
for the next three (3) years in an effort to establish a transportation program for the
senior community. The proposed program will be available five (5) days per week for
$0.50 per ride and include trips to and from the Center, annual excursions, and
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eventually to doctor appointments and grocery stores. To supplement the $15,000
budgeted annually from the City for the program, the City has sought partnership with
Valley Transportation Services (VTrans). VTrans is a 501(c)3 nonprofit organization
created and designated in October 2010 by SANBAG as the Consolidated
Transportation Services Agency (CTSA) eligible to receive 2% of the Measure I
Senior/Disabled funds collected in the Valley portion of San Bernardino. Valley
Transportation Services’ mission is to improve mobility for seniors, Persons with
Disabilities and persons of low income. On December 16, 2015, the VTrans Board
approved the Funding Agreement and Leasing Agreement for the City of Grand Terrace
Senior Transportation Program. VTrans currently has a wheelchair equipped vehicle
that is proposed to be leased to the City of Grand Terrace for $1 per year. VTrans funds
will assist with the operation of the proposed program. The chart below reflects the
funding scenario for the next three years.
Proposed 3-Year Budget:
Funding Allocation Year 1 Year 2 Year 3 Total
Grand Terrace $15,000 $15,000 $15,000 $45,000
VTrans match $42,479 $44,275 $46,125 $132,879
Passenger Revenue $2,400 $2,400 $2,400 $7,200
Total $59,879 $61,675 $63,525 $185,079
The next steps for program implementation, given Council approval, will include:
approval of a new classification for a bus driver; recruiting a bus driver; securing the bus
from VTrans, which is anticipated to be available completed by January 25, 2016; and
marketing and outreach via coordination with the Senior Center and community
organizations, mailers, ads, flyers, radio and social media. Staff will also set up an
extension in the City Hall phone directory to be used for ride reservations.
Staff is recommending that Council approve the Leasing Agreement and Funding
Agreement between the City and Valley Transportation Services for the Senior
Transportation Program.
FISCAL IMPACT:
There are funds budgeted in the 2015-16 Operating Budget for the first year, and funds
will be budgeted thereafter in subsequent budget years. As discussed, the remaining
funding for the program will come from VTrans and revenue from passenger fares.
Fund
No.
Fund Title Account Description Amount
10 General Fund
(One Time
Money)
10-120-110-102-000 Senior Bus
Program
$5,000.00
10 General Fund
(Already
10-175-110-000-000 Public Works
Salary/Wages
$5,000.00
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Budgeted)
20 Measure I Fund $5,000.00
$15,000.00
ATTACHMENTS:
Grand Terrace Funding Agreement.pdf (PDF)
Grand Terrace Lease Agreement.pdf (PDF)
APPROVALS:
Sandra Molina Completed 01/05/2016 2:30 PM
City Attorney Completed 01/05/2016 4:08 PM
Finance Completed 01/05/2016 7:06 PM
Community Development Completed 01/06/2016 7:56 AM
City Manager Completed 01/06/2016 9:15 AM
City Council Pending 01/12/2016 6:00 PM
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Adopt a Resolution Declaring the City's Intent to Participate
in the National Flood Insurance Program, and Adopt an
Urgency Ordinance and Introduce a Second Ordinance
Amending Title 15 Establishing Chapter 15.62 Floodplain
Management
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, DECLARING
THE CITY’S INTENT TO PARTICIPATE IN THE NATIONAL
FLOOD INSURANCE PROGRAM AND AUTHORIZING
APPLICATION FOR PARTICIPATION IN THE NATIONAL
FLOOD INSURANCE PROGRAM
2) Read by title only, waive further reading and Adopt AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT
TO SECTION 36937 OF THE CALIFORNIA
GOVERNMENT CODE BY ADDING A NEW CHAPTER TO
TITLE 15 BUILDINGS AND CONSTRUCTION OF THE
GRAND TERRACE MUNICIPAL CODE FOR THE
IMMEDIATE PRESERVATION OF THE PUBLIC PEACE,
HEALTH AND SAFETY
3) Read by title only, waive further reading and Introduce an
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA ADDING A NEW
CHAPTER TO TITLE 15 BUILDINGS AND
CONSTRUCTION OF THE GRAND TERRACE MUNICIPAL
CODE
2030 VISION STATEMENT:
This staff report supports the City’s Mission: To preserve and protect our community
and its exceptional quality of life through thoughtful planning, within the constraints of
fiscally responsible government.
BACKGROUND:
In 1968, Congress created the National Flood Insurance Program (NFIP). The NFIP
offers flood insurance to homeowners, renters, and business owners if their community
participates in the NFIP. Participating communities agree to adopt and enforce
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ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.
Participation in the NFIP provides the opportunity for residents and property owners to
purchase federally sponsored flood insurance at a discounted rate.
Non-participation in the NFIP does not preclude residents and property owners from
obtaining flood insurance; it just precludes the discounted rate.
Nevertheless, the City wishes to participate in the NFIP, and this report and
recommended actions will achieve that; and as expediently as possible.
To that regard, Staff is recommending adoption of an urgency ordinance that becomes
effectively immediately, along with a resolution declaring the City’s intent to participate
in the NFIP.
DISCUSSION:
Participation in the NFIP requires the City to adopt a Floodplain Management Ordinance
which meets or exceeds the minimum standards of the Federal Emergency
Management Agency (FEMA). The Floodplain Management Ordinance specifically
describes what types of development activities are allowed and how proposed
development may be permitted within identified flood zones located in the City.
There is only one area in the City designated as a flood zone by FEMA on the Flood
Insurance Rate Maps (FIRM Maps). It encompasses approximately 40 acres and is
located on the north side of the City boundary adjacent to the Santa Ana River. This
area is designed Floodplain Industrial on the City’s General Plan Land Use Map. There
are three residential structures and a vacant residential structure.
The purpose of floodplain management is to realize the extent of flood hazards and to
manage the potential for flooding in a manner so as to reduce damage to structures and
infrastructure and to minimize the risk of human casualties within the flood zone. Any
proposed development within the flood zone must be reviewed and permitted in
accordance with the provisions in the proposed Floodplain Management Ordinance.
Properties outside of the flood zone are not subject to the standards contained in the
Ordinance.
However, the community wide benefit of participating in the NFIP is that it will allow
community members to purchase federally sponsored flood insurance at a discounted
rate; rather than the current market rate. A few residents expressed concern that flood
insurance could not be obtained because of the City’s non-participation in the NFIP.
Informally, staff contacted a number of insurance brokers and found that that there are
insurances that will underwrite flood insurance.
FISCAL IMPACT:
This item will not create a fiscal impact to the City’s General Fund.
ATTACHMENTS:
Resolution of Intent 1.4.2016 (DOCX)
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Urgency Floodplain Ordinance 1.6.2016 (DOC)
Floodplain Ordinance 1.6.2016 (DOC)
Draft NFIP Application1.6.2016 (PDF)
Vicinity Map with City Boundary (PDF)
General Plan Land Use Map_5_22_2012 (PDF)
FIRM Panel No. 060071C86877H (PDF)
APPROVALS:
Sandra Molina Completed 01/06/2016 12:21 PM
City Attorney Completed 01/06/2016 3:55 PM
Finance Completed 01/06/2016 6:48 PM
Community Development Completed 01/07/2016 7:37 AM
City Manager Completed 01/07/2016 11:58 AM
City Council Pending 01/12/2016 6:00 PM
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RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DECLARING THE CITY’S INTENT TO
PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM
AND AUTHORIZING APPLICATION FOR PARTICIPATION IN THE
NATIONAL FLOOD INSURANCE PROGRAM
WHEREAS, certain areas of the City of Grand Terrace are subject to periodic
flooding, or flood-related erosion, causing serious damages to properties within these
area; and
WHEREAS, relief is available in the form of federally sponsored flood insurance
as authorized by the National Flood Insurance Act of 1968; and
WHEREAS, it is the intent of this City Council to require the recognition and
evaluation of flood, or flood-related erosion hazards in all official actions relating to land
use in areas having these hazards;
WHEREAS, this body has the legal authority to adopt land use and control
measures to reduce future flood losses pursuant to Title 8, Chapter 4, Article 1, Section
65800 of the State of California Government Code;
WHEREAS, in order for its citizens to be allowed flood insurance through the
National Flood Insurance Program (NFIP), the City is required to join the National
Flood Insurance Program and to obtain an NFIP Community Number; and
WHEREAS, certain drainage and floodplain management practices are
requisite to remain in good standing with the NFIP.
NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF
GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS
FOLLOWS:
Section 1. Assures the Federal Insurance Administration that it will enact as necessary
and maintain in force in those areas having flood, or flood-related erosion hazards,
adequate land use and control measures with effective enforcement provisions
consistent with the Criteria set forth in Section 60 of the National Flood Insurance
Program Regulations; and
Section 2. Vests the City Manager as the Floodplain Administrator with the
responsibility, authority, and means to:
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a. Assist the Administrator, at his request, in his delineation of the limits of the
area having special flood, mudslide (Le. mudflow), or flood-related erosion
hazards.
b. Provide such information as the Administrator may request concerning present
uses and occupancy of the floodplain, mudslide (Le. mudflow), or flood-related
erosion hazards areas.
c. Cooperate with federal, State and local agencies and provide firms which
undertake to study, survey, map, and identify floodplain, mudslide (i.e.
mudflow), or flood-related erosion area, and cooperate with neighboring
communities with respect to management of adjoining floodplain, mudslide (i.e.
mudflow), or flood related erosion areas in order to present aggravation of
existing hazards.
d. Submit an annual report in writing to the Administrator on the progress made
during the past year within the City of Grand Terrace in the development and
implementation of floodplain management measures.
e. Notify the Administrator in writing whenever the boundaries of the City of Grand
Terrace have been modified by annexation, or the City of Grand Terrace has
otherwise assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 12th day of January, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, PURSUANT TO SECTION 36937 OF
THE CALIFORNIA GOVERNMENT CODE BY ADDING A NEW
CHAPTER TO TITLE 15 BUILDINGS AND CONSTRUCTION OF THE
GRAND TERRACE MUNICIPAL CODE FOR THE IMMEDIATE
PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY
WHEREAS, the City of Grand Terrace (“City”) has adopted a General Plan,
including Land Use and Public Health and Safety Elements; and
WHEREAS, the public health, safety and welfare is fully articulated in the City’s
General Plan; and
WHEREAS, Government Code Section 36937 provides for the adoption of an
urgency ordinance for certain expressed purposes and by a vote of four-fifths (4/5)
majority of the voting City Council members.
WHEREAS, this urgency ordinance is based on the following facts:
1. The City of Grand Terrace has the authority, under its police power, to
enact regulations for the public peace, morals, and welfare of the City;
and
2. Certain areas of the City of Grand Terrace are subject to periodic flooding
or flood-related erosion causing serious damages to properties within
these areas; and
3. In order for its citizens to be allowed flood insurance through the
National Flood Insurance Program (NFIP), the City is required to join the
National Flood Insurance Program and to obtain an NFIP Community
Number; and
4. There are predictions of a significant El Niño event this winter season
which makes it imperative for Grand Terrace residents to have the ability
to purchase flood insurance through the NFIP.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS
URGENCY ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 36937 AS FOLLOWS:
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SECTION 1. Title 15 of the Grand Terrace Municipal Code is amended by adding a
new Chapter 15.62 to read as follows:
“Chapter 15.62 – Floodplain Management
15.62.010 Statutory authorization.
15.62.020 Findings of fact.
15.62.030 Purpose.
15.62.040 Methods of reducing flood losses.
15.62.050 Definitions.
15.62.060 Lands to which this Chapter applies.
15.62.070 Basis for establishing the areas of special flood hazard.
15.62.080 Compliance.
15.62.090 Abrogation and greater restrictions.
15.62.100 Interpretation.
15.62.110 Warning and disclaimer of liability.
15.62.120 Severability.
15.62.130 Designation of the Floodplain Administrator.
15.62.140 Duties of the Floodplain Administrator.
15.62.150 Development.
15.62.160 Appeals.
15.62.170 Standards of construction.
15.62.180 Standards for utilities.
15.62.190 Standards for subdivisions and other proposed development.
15.62.200 Standards for manufactured homes.
15.62.210 Standards for recreational vehicles.
15.62.220 Floodways.
15.62.230 Nature of variances.
15.62.240 Conditions of variances.
15.62.250 Appeal board.
Section 15.62.010 Statutory authorization.
The Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local government the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City Council of the City of Grand Terrace, County of San
Bernardino, does hereby adopt the following floodplain management regulations.
Section 15.62.020 Finding of fact.
A. The flood hazard areas of the City of Grand Terrace, County of San Bernardino,
are subject to periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment
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of the tax base, all of which adversely affect the public health, safety, and
general welfare.
B. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards which increase flood heights and
velocities also contribute to the flood loss.
Section 15.62.030 Purpose.
It is the purpose of this Chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to
all publicly and privately owned land within floodprone, mudslide [i.e. mudflow] or flood
related erosion areas. These regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused
by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Section 15.62.040 Methods of reducing flood losses.
In order to accomplish its purposes, this Chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
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B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
Section 15.62.050 Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
Chapter it’s most reasonable application.
"A zone" - see "Special flood hazard area."
“Accessory structure” means a structure that is either:
A. Solely for the parking of no more than 2 cars; or
B. A small, low cost shed for limited storage, less than 150 square feet and $1,500
in value.
"Accessory use" means a use which is incidental and subordinate to the principal use
of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means the point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this Chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly
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defined channel does not exist; the path of flooding is unpredictable and indeterminate;
and velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
"Area of Special Flood Hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood"). Base flood is the term
used throughout this Chapter.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH, and A1-30, that indicates the water surface elevation resulting
from a flood that has a 1-percent or greater chance of being equaled or exceeded in
any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below
ground level - on all sides.
"Building" -means "Structure".
“City" means City of Grand Terrace.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by the City.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA" means the Federal Emergency Management Agency.
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"Flood, flooding, or flood water" means:
A. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows); and
B. The condition resulting from flood related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or floodprone area" means any land area susceptible to being inundated
by water from any source - see "Flooding."
"Floodplain Administrator" means the City’s official designated by title by the City
Council to administer and enforce the floodplain management regulations by the City
Council.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this Chapter and other zoning codes,
Ordinances, Chapters, subdivision regulations, building codes, health regulations,
special purpose Chapters (such as grading and erosion control) and other application of
police power which control development in floodprone areas. This term describes
federal, State or local regulations in any combination thereof which provide standards
for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
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TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than 1 foot. Also referred to as "Regulatory
Floodway."
"Floodway fringe" means that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Sections 15.62.230 through 15.62.250 of this
Chapter, means that the variance granted must not cause fraud on or victimization of
the public. In examining this requirement, of the City Council will consider the fact that
every newly constructed building adds to government responsibilities and remains a
part of the community for 50 to 100-years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only
at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity of water. The term includes
only docking facilities and port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities, and does not include
long term storage or related manufacturing facilities.
"Governing body" means the City Council of the City of Grand Terrace is empowered
to adopt and implement regulations to provide for the public health, safety and general
welfare of its citizenry.
"Hardship" as related to Sections 15.62.230 through 15.62.250 of this Chapter relating
to variances means the exceptional hardship that would result from a failure to grant the
requested variance. The City of Grand Terrace’s Planning Commission requires that
the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a variance, even if the
alternative is more expensive, or requires the property owner to build elsewhere or put
the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
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"Historic structure" means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register;
B. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
C. Individually listed on a State inventory of historic places in States with historic
preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
State program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in States with approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see “Basement.”
A. An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building’s lowest floor provided it conforms to
applicable non-elevation design requirements, including, but not limited to:
1. The flood openings standards in Subsection 15.62.170.C.3;
2. The anchoring standards in Subsection 15.62.170.A;
3. The construction materials and methods standards in Subsection
15.62.170.B; and
4. The standards for utilities in Section 15.62.180.
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B. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see “Basement”). This prohibition includes
below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
“Market value” is defined in the City of Grand Terrace substantial damage and
improvement procedures. See Subsection 15.62.140.B.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss
of brush cover and the subsequent accumulation of water on the ground, preceded by
a period of un usually heavy or sustained rain.
"Mudslide prone area"(changed to Bold Face) means an area with land surfaces
and slopes of unconsolidated material where the history, geology, and climate
indicate a potential for mudflow.
"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after the effective date of this Chapter, and
includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after of the effective date of this Chapter.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
9.b
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"One-hundred-year flood" or "100-year flood." See "Base flood."
“Program deficiency” means a defect in a community’s floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Sections 15.62.230 through 15.62.250 of
this Chapter relating to variances means that the granting of a variance must not result
in anything which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
"Recreational vehicle" means a vehicle which is:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed to be self propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than 1 foot.
“Remedy a violation” means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the Chapter or otherwise
deterring future similar violations, or reducing State or federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
9.b
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"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual
commencement of construction means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Start of
construction does not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to it’s before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include
either:
A. Any project for improvement of a structure to correct existing violations or State
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
B. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure."
"Variance" means a grant of relief from the requirements of this Chapter which permits
construction in a manner that would otherwise be prohibited by this Chapter.
“Violation” means the failure of a structure, improvement or other development to
comply fully with the provisions of this Chapter. A structure, improvement or other
development without an elevation certificate, other certifications, or other evidence of
9.b
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compliance required in this Chapter is presumed to be in violation until such time as the
owner thereof provides such documentation.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
Section 15.62.060 Lands to which this Chapter applies.
This Chapter shall apply to all areas of special flood hazards within the
jurisdiction of the City.
Section 15.62.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in the “Flood Insurance Study (FIS) for San Bernardino
County (Study number 06071CV001C, Volumes 1-4) dated February 8, 2015, with
accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway
Maps (FBFM’s), August 28, 2008, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this Chapter. This FIS
and attendant mapping is the minimum area of applicability of this Chapter and may be
supplemented by studies for other areas which allow implementation of this Chapter
and which are recommended to the City Council by the Floodplain Administrator. The
study, FIRM’s and FBFM’s are on file with the Department of Community Development
at 22795 Barton Road, Grand Terrace, CA 92313.
Section 15.62.080 Compliance.
No structure or land shall hereafter be altered, constructed, converted, developed,
extended, located, or used without full compliance with the terms of this Chapter and other
applicable regulations. Violation of the requirements imposed by this Chapter, and
any condition imposed by the City Council or Floodplain Administrator which have
become final shall constitute a misdemeanor. Nothing herein shall prevent the City
Council from taking such lawful action as is necessary to prevent or remedy any violation
hereof.
Section 15.62.090 Abrogation and greater restrictions.
This Chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Chapter and another
Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes
9.b
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the more stringent restrictions shall prevail.
Section 15.62.100 Interpretation.
A. In the interpretation and application of this Chapter, all provisions shall be:
B. Considered as minimum requirements;
C. Liberally construed in favor of the governing body; and
D. Deemed neither to limit nor repeal any other powers granted under State statutes.
Section 15.62.110 Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This Chapter does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages.
This Chapter shall not create liability on the part of the City, any officer or employee thereof,
the State of California, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this Chapter or any administrative decision lawfully
made hereunder.
Section 15.62.120 Severability.
This Chapter and the various parts thereof are hereby declared to be severable.
Should any section of this Chapter be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
Section 15.62.130 Designation of the Floodplain Administrator.
The City Manager of the City of Grand Terrace is hereby designated the
Floodplain Administrator to administer, implement, and enforce this Chapter by
granting or denying development permits in accordance with provisions herein.
Section 15.62.140 Duties of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator or their designee,
shall include, but not be limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this Chapter have been satisfied, including
determination of substantial improvement and substantial damage of
9.b
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existing structures;
2. All other required State and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed construction, development or encroachment that does not
adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been
designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City; and
5. All Letters of Map Revision (LOMR’s) for flood control projects are
approved prior to the issuance of building permits. Building permits must
not be issued based on Conditional Letters of Map Revision (CLOMR’s).
Approved CLOMR’s allow construction of the proposed flood control
project and land preparation as specified in the “start of construction”
definition.
B. Development of substantial improvement and substantial damage
procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About
Substantially Damaged Buildings,” or FEMA 758 “Substantial
Improvement/Substantial Damage Desk Reference (2010),” develop
detailed procedures for identifying and administering requirements for
substantial improvement and substantial damage, to include defining
“market value.”
2. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
C. Review, use and development of other base flood data.
When base flood elevation data has not been provided in accordance with
Section 15.62.070, the Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal or State
agency, or other source, in order to administer Sections 15.62.170 through 15.62.220.
NOTE: A base flood elevation may be obtained using one of two methods from the
FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate
Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood
Elevations” dated July 1995.
9.b
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D. Notification of other agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project
completion, whichever comes first, the Floodplain Administrator shall
submit or assure that the permit applicant submits technical or
scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision (CLOMR’s). Approved
CLOMR’s allow construction of the proposed flood control project and
land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements are based on current data.
3. Changes in corporate boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of
the community clearly delineating the new corporate limits.
E. Documentation of floodplain development.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by Subsection 15.62.170.C.1 and Section 15.62.200
(lowest floor elevations);
2. Certification required by Subsection 15.62.170.C.2 (elevation or
floodproofing of nonresidential structures);
9.b
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3. Certification required by Subsections 15.62.170.C.3 (flood openings/wet
floodproofing standard);
4. Certification of elevation required by Subsection 15.62.190.A.3
(subdivisions and other proposed development standards);
5. Certification required by Subsection 15.62.220.B (floodway
encroachments); and
6. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted
to the Federal Emergency Management Agency.
F. Map determination.
Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazard, for example where there appears to be a conflict
between a mapped boundary and actual field conditions. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 15.62.160.
G. Remedial action.
Take action to remedy violations of this Chapter as specified in Section
15.62.080.
H. Biennial report.
Complete and submit Biennial Report to FEMA.
I. Planning.
Assure community’s General Plan is consistent with floodplain management
objectives herein.
Section 15.62.150 Development Permit.
A development permit shall be obtained before any construction or other
development, including manufactured homes, within any of special flood hazard areas
established in accordance with its definition in Section 15.62.070. Application for a
development permit shall be made on forms furnished by the City. The applicant shall
provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their
9.b
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location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.62.070 or
Subsection 15.62.140.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Subsection
15.62.170.C.2 of this Chapter and detailed in FEMA Technical Bulletin TB
3-93.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Subsection
15.62.170.C.2.
C. For a crawl-space foundation, location and total net area of foundation openings
as required in Subsection 15.62.170.C.3 of this Chapter and detailed in FEMA
Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
E. All appropriate certifications listed in Subsection 15.62.140.E of this Chapter.
Section 15.62.160 Appeals.
The City Council of the City of Grand Terrace shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination made
by the Floodplain Administrator in the enforcement or administration of this Chapter.
Section 15.62.170 Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvement of structures, including manufactured
homes, shall be adequately anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
9.b
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B. Construction materials and methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and
4. With adequate drainage paths around structures on slopes to guide flood
waters around and away from proposed structures within Zones AH or
AO.
C. Elevation and floodproofing.
1. Residential construction.
New construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood
elevation.
b. In an AO Zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least 2 feet above the highest adjacent natural grade if
no depth number is specified.
c. In an A Zone, without base flood elevation’s specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation;
as determined under Subsection 15.62.140.C.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building
inspector to be properly elevated. Such certification and verification
shall be provided to the Floodplain Administrator.
2. Nonresidential construction.
9.b
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New construction or substantial improvements of nonresidential
structures shall either be elevated to conform with Subsection
15.62.170.C.1 requirements, or:
a. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under Subsection 15.62.170.C.1,
so that the structure is watertight with walls substantially impermeable
to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the
standards of Subsection 15.62.170.C.2.a & b are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or storage,
and which are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwater. Design requirements must meet the following
minimum criteria:
a. For non-engineered openings:
1. Have a minimum of two openings on different sides having a total
net area of not less than 1 square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than 1 foot above
grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of flood water; and
4. Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow flood water to directly enter;
or
b. Be certified by a registered civil engineer or architect.
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4. Manufactured homes.
a. See Subsection 15.62.200.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the
garage floor slab below the base flood elevation, must be designed
to allow for the automatic entry of flood waters. See Subsection
15.62.170.C.3. Areas of the garage below the base flood elevation
must be constructed with flood resistant materials. See Subsection
15.62.170.B.
2. A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below
grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (2 car detached
garages or smaller) or limited storage (small, low cost sheds), as
defined in Section 15.62.050, may be constructed such that its floor
is below the base flood elevation, provided the structure is
designed and constructed in accordance with the following
requirements:
a) Use of the accessory structure must be limited to parking or
limited storage;
b) The portions of the accessory structure located below the base
flood elevation must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the base flood
elevation;
e) The accessory structure must comply with floodplain
encroachment provisions in Section 15.62.220; and
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f) The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with Subsection
15.62.170.C.3.
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in Section 15.62.170.
Section 15.62.180 Standards for utilities.
A. New and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate the following:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Section 15.62.190 Standards for subdivisions and other proposed development.
A. New subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
5 acres, whichever is the lesser, shall:
1. Identify the special flood hazard areas and base flood elevations.
2. Identify the elevations of lowest floors of all proposed structures and pads
on the final plans.
3. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil
engineer or licensed land surveyor and provided as part of an application
for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain
Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. Subdivision proposals and other proposed development shall be consistent with
the need to minimize flood damage.
9.b
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C. Subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
D. Subdivisions and other proposed development shall provide adequate drainage
to reduce exposure to flood hazards.
Section 15.62.200 Standards for manufactured homes.
A. Manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new
manufactured home park or subdivision; (3) in an expansion to an existing
manufactured home park or subdivision; or (4) in an existing manufactured home
park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
B. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30, AH, and AE
on the community's Flood Insurance Rate Map that are not subject to the
provisions of Subsection 15.62.200.A will be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement,
and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood
elevation; or
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered civil engineer or licensed
land surveyor, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
Section 15.62.210 Standards for recreational vehicles.
A. All recreational vehicles placed on site in Zones A1-30, AH, and AE on the
community’s Flood Insurance Rate Map shall either:
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1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
3. Meet the permit requirements of Section 15.62.150 of this Chapter and
the elevation and anchoring requirements for manufactured homes in
Subsection 15.62.200.A.
Section 15.62.220 Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within
Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other development, will not
increase the water surface elevation of the base flood more than 1 foot at any
point within the City.
B. Within an adopted regulatory floodway, the City shall prohibit encroachments,
including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
C. If Subsections 15.62.220.A and B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Sections 15.62.170 through
15.62.220.
Section 15.62.230 Nature of variances.
The issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will
not be modified by the granting of a variance.
The variance criteria set forth in this section of this Chapter are based on the
general principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this Chapter would
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create an exceptional hardship to the applicant or the surrounding property owners.
The characteristics must be unique to the property and not be shared by adjacent
parcels. The unique characteristic must pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
It is the duty of the City Council to help protect the residents and their property
from flooding. This duty is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood elevation or
from other requirements of this Chapter should be quite rare. The long term goal of
preventing and reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this Chapter are more detailed
and contain multiple provisions that must be met before a variance can be properly
granted. The criteria are designed to screen out those situations in which alternatives
other than a variance are more appropriate.
Section 15.62.240 Conditions for variances.
A. Generally, variances may be issued for new construction, substantial
improvements, and other proposed new development to be erected on a lot of
1/2 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that the procedures
of Sections 15.62.130 through 15.62.220 of this Chapter have been fully
considered. As the lot size increases beyond 1/2 acre, the technical justification
required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures"
(as defined in Section 15.62.050 of this Chapter) upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the
requirements of this Chapter. For example, in the case of variances to an
elevation requirement, this means the City Council need not grant permission for
the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the City Council believes will both
provide relief and preserve the integrity of this Chapter.
E. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
9.b
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1. The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
2. Such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the Floodplain Administrator in San Bernardino County Recorder’s
Officer and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Emergency Management Agency.
Section 15.62.250 Appeal board.
A. In passing upon requests for variances, the City Council shall hold a public
hearing and consider all technical evaluations, all relevant factors, and standards
specified in this Chapter, and the:
1. Danger that materials may be swept onto other lands to the injury of
others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. Importance of the services provided by the proposed facility to the
community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated
development;
8. Relationship of the proposed use to the General Plan and Floodplain
Management Program for that area;
9. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
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10. Expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site; and
11. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (see "Public safety and nuisance"), cause
“fraud and victimization” of the public, or conflict with existing local laws
or Ordinances.
C. Variances may be issued for new construction, substantial improvements, and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of Sections 15.62.250.A through D
are satisfied and that the structure or other development is protected by methods
that minimize flood damages during the base flood and does not result in
additional threats to public safety and does not create a public nuisance.
D. Upon consideration of the factors of Section 15.62.240.A and the purposes of
this Chapter, the City Council may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this Chapter.
SECTION 2. URGENCY CLAUSE. The City Council finds and declares that this
ordinance is required for the immediate protection of the public health, safety and
welfare as previously stated in this ordinance, and that this ordinance shall become
effective immediately upon its adoption and will continue in full force and effect in
accordance with Government Code 36937.
SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City’s environmental procedures, and has been found to be
exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in
that the City Council hereby finds that it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
9.b
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SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective immediately from and after its passage.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Approved as to form:
____________________________
Richard L. Adams, II
City Attorney
9.b
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I, _____________, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of January, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING A NEW CHAPTER TO TITLE 15
BUILDINGS AND CONSTRUCTION OF THE GRAND TERRACE
MUNICIPAL CODE
WHEREAS, the City of Grand Terrace (“City”) has adopted a General Plan,
including Land Use and Public Health and Safety Elements; and
WHEREAS, the public health, safety and welfare is fully articulated in the City’s
General Plan; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AND ADOPT AS FOLLOWS:
SECTION 1. Title 15 of the Grand Terrace Municipal Code is amended by adding a
new Chapter 15.62 to read as follows:
“Chapter 15.62 – Floodplain Management
15.62.010 Statutory authorization.
15.62.020 Findings of fact.
15.62.030 Purpose.
15.62.040 Methods of reducing flood losses.
15.62.050 Definitions.
15.62.060 Lands to which this Chapter applies.
15.62.070 Basis for establishing the areas of special flood hazard.
15.62.080 Compliance.
15.62.090 Abrogation and greater restrictions.
15.62.100 Interpretation.
15.62.110 Warning and disclaimer of liability.
15.62.120 Severability.
15.62.130 Designation of the Floodplain Administrator.
15.62.140 Duties of the Floodplain Administrator.
15.62.150 Development.
15.62.160 Appeals.
15.62.170 Standards of construction.
15.62.180 Standards for utilities.
15.62.190 Standards for subdivisions and other proposed development.
15.62.200 Standards for manufactured homes.
15.62.210 Standards for recreational vehicles.
15.62.220 Floodways.
15.62.230 Nature of variances.
15.62.240 Conditions of variances.
9.c
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15.62.250 Appeal board.
Section 15.62.010 Statutory authorization.
The Legislature of the State of California has in Government Code Sections
65302, 65560, and 65800 conferred upon local government the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City Council of the City of Grand Terrace, County of San
Bernardino, does hereby adopt the following floodplain management regulations.
Section 15.62.020 Finding of fact.
A. The flood hazard areas of the City of Grand Terrace, County of San Bernardino,
are subject to periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public health, safety, and
general welfare.
B. These flood losses are caused by uses that are inadequately elevated,
floodproofed, or protected from flood damage. The cumulative effect of
obstructions in areas of special flood hazards which increase flood heights and
velocities also contribute to the flood loss.
Section 15.62.030 Purpose.
It is the purpose of this Chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by legally enforceable regulations applied uniformly throughout the community to
all publicly and privately owned land within floodprone, mudslide [i.e. mudflow] or flood
related erosion areas. These regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard;
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F. Help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future blighted areas caused
by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
Section 15.62.040 Methods of reducing flood losses.
In order to accomplish its purposes, this Chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
Section 15.62.050 Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
Chapter it’s most reasonable application.
"A zone" - see "Special flood hazard area."
“Accessory structure” means a structure that is either:
A. Solely for the parking of no more than 2 cars; or
B. A small, low cost shed for limited storage, less than 150 square feet and $1,500
in value.
"Accessory use" means a use which is incidental and subordinate to the principal use
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of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan shaped
deposit of boulders, gravel, and fine sediments that have been eroded from mountain
slopes, transported by flood flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement
and deposition, and channel migration.
"Apex" means the point on an alluvial fan or similar landform below which the flow path
of the major stream that formed the fan becomes unpredictable and alluvial fan flooding
can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation
of any provision of this Chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet; a clearly
defined channel does not exist; the path of flooding is unpredictable and indeterminate;
and velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
"Area of Special Flood Hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the "100-year flood"). Base flood is the term
used throughout this Chapter.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate
Map for Zones AE, AH, and A1-30, that indicates the water surface elevation resulting
from a flood that has a 1-percent or greater chance of being equaled or exceeded in
any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below
ground level - on all sides.
"Building" -means "Structure".
“City" means City of Grand Terrace.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain which may
impede or alter the flow capacity of a floodplain.
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"Existing manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by the City.
"Expansion to an existing manufactured home park or subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA" means the Federal Emergency Management Agency.
"Flood, flooding, or flood water" means:
A. A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid
accumulation or runoff of surface waters from any source; and/or mudslides (i.e.,
mudflows); and
B. The condition resulting from flood related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or floodprone area" means any land area susceptible to being inundated
by water from any source - see "Flooding."
"Floodplain Administrator" means the City’s official designated by title by the City
Council to administer and enforce the floodplain management regulations by the City
Council.
"Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
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where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
"Floodplain management regulations" means this Chapter and other zoning codes,
Ordinances, Chapters, subdivision regulations, building codes, health regulations,
special purpose Chapters (such as grading and erosion control) and other application of
police power which control development in floodprone areas. This term describes
federal, State or local regulations in any combination thereof which provide standards
for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins
TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than 1 foot. Also referred to as "Regulatory
Floodway."
"Floodway fringe" means that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Sections 15.62.230 through 15.62.250 of this
Chapter, means that the variance granted must not cause fraud on or victimization of
the public. In examining this requirement, of the City Council will consider the fact that
every newly constructed building adds to government responsibilities and remains a
part of the community for 50 to 100-years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all those years to
increased risk of damage from floods, while future owners of the property and the
community as a whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only
at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity of water. The term includes
only docking facilities and port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities, and does not include
long term storage or related manufacturing facilities.
"Governing body" means the City Council of the City of Grand Terrace is empowered
to adopt and implement regulations to provide for the public health, safety and general
welfare of its citizenry.
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"Hardship" as related to Sections 15.62.230 through 15.62.250 of this Chapter relating
to variances means the exceptional hardship that would result from a failure to grant the
requested variance. The City of Grand Terrace’s Planning Commission requires that
the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a variance, even if the
alternative is more expensive, or requires the property owner to build elsewhere or put
the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register;
B. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
C. Individually listed on a State inventory of historic places in States with historic
preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved
State program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in States with approved programs.
"Levee" means a manmade structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement
(see “Basement.”
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A. An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building’s lowest floor provided it conforms to
applicable non-elevation design requirements, including, but not limited to:
1. The flood openings standards in Subsection 15.62.170.C.3;
2. The anchoring standards in Subsection 15.62.170.A;
3. The construction materials and methods standards in Subsection
15.62.170.B; and
4. The standards for utilities in Section 15.62.180.
B. For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements (see “Basement”). This prohibition includes
below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
“Market value” is defined in the City of Grand Terrace substantial damage and
improvement procedures. See Subsection 15.62.140.B.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
"Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or
inundation of liquid mud down a hillside, usually as a result of a dual condition of loss
of brush cover and the subsequent accumulation of water on the ground, preceded by
a period of un usually heavy or sustained rain.
"Mudslide prone area"(changed to Bold Face) means an area with land surfaces
and slopes of unconsolidated material where the history, geology, and climate
indicate a potential for mudflow.
"New construction", for floodplain management purposes, means structures for which
the "start of construction" commenced on or after the effective date of this Chapter, and
includes any subsequent improvements to such structures.
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"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after of the effective date of this Chapter.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in,
along, across or projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
"One-hundred-year flood" or "100-year flood." See "Base flood."
“Program deficiency” means a defect in a community’s floodplain management
regulations or administrative procedures that impairs effective implementation of those
floodplain management regulations.
"Public safety and nuisance" as related to Sections 15.62.230 through 15.62.250 of
this Chapter relating to variances means that the granting of a variance must not result
in anything which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream,
canal, or basin.
"Recreational vehicle" means a vehicle which is:
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed to be self propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than 1 foot.
“Remedy a violation” means to bring the structure or other development into
compliance with State or local floodplain management regulations, or if this is not
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possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the Chapter or otherwise
deterring future similar violations, or reducing State or federal financial exposure with
regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1
percent or greater chance of flooding in any given year. It is shown on an FHBM or
FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual
commencement of construction means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Start of
construction does not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to it’s before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
proposed new development of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include
either:
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A. Any project for improvement of a structure to correct existing violations or State
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
B. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure."
"Variance" means a grant of relief from the requirements of this Chapter which permits
construction in a manner that would otherwise be prohibited by this Chapter.
“Violation” means the failure of a structure, improvement or other development to
comply fully with the provisions of this Chapter. A structure, improvement or other
development without an elevation certificate, other certifications, or other evidence of
compliance required in this Chapter is presumed to be in violation until such time as the
owner thereof provides such documentation.
"Water surface elevation" means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or
other datum, of floods of various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
Section 15.62.060 Lands to which this Chapter applies.
This Chapter shall apply to all areas of special flood hazards within the
jurisdiction of the City.
Section 15.62.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency (FEMA) in the “Flood Insurance Study (FIS) for San Bernardino
County (Study number 06071CV001C, Volumes 1-4) dated February 8, 2015, with
accompanying Flood Insurance Rate Maps (FIRM’s) and Flood Boundary and Floodway
Maps (FBFM’s), August 28, 2008, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this Chapter. This FIS
and attendant mapping is the minimum area of applicability of this Chapter and may be
supplemented by studies for other areas which allow implementation of this Chapter
and which are recommended to the City Council by the Floodplain Administrator. The
study, FIRM’s and FBFM’s are on file with the Department of Community Development
at 22795 Barton Road, Grand Terrace, CA 92313.
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Section 15.62.080 Compliance.
No structure or land shall hereafter be altered, constructed, converted, developed,
extended, located, or used without full compliance with the terms of this Chapter and other
applicable regulations. Violation of the requirements imposed by this Chapter, and
any condition imposed by the City Council or Floodplain Administrator which have
become final shall constitute a misdemeanor. Nothing herein shall prevent the City
Council from taking such lawful action as is necessary to prevent or remedy any violation
hereof.
Section 15.62.090 Abrogation and greater restrictions.
This Chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Chapter and another
Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
Section 15.62.100 Interpretation.
A. In the interpretation and application of this Chapter, all provisions shall be:
B. Considered as minimum requirements;
C. Liberally construed in favor of the governing body; and
D. Deemed neither to limit nor repeal any other powers granted under State statutes.
Section 15.62.110 Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This Chapter does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages.
This Chapter shall not create liability on the part of the City, any officer or employee thereof,
the State of California, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this Chapter or any administrative decision lawfully
made hereunder.
Section 15.62.120 Severability.
This Chapter and the various parts thereof are hereby declared to be severable.
Should any section of this Chapter be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
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Section 15.62.130 Designation of the Floodplain Administrator.
The City Manager of the City of Grand Terrace is hereby designated the
Floodplain Administrator to administer, implement, and enforce this Chapter by
granting or denying development permits in accordance with provisions herein.
Section 15.62.140 Duties of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator or their designee,
shall include, but not be limited to the following:
A. Permit Review.
Review all development permits to determine:
1. Permit requirements of this Chapter have been satisfied, including
determination of substantial improvement and substantial damage of
existing structures;
2. All other required State and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed construction, development or encroachment that does not
adversely affect the carrying capacity of areas where base flood
elevations have been determined but a floodway has not been
designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City; and
5. All Letters of Map Revision (LOMR’s) for flood control projects are
approved prior to the issuance of building permits. Building permits must
not be issued based on Conditional Letters of Map Revision (CLOMR’s).
Approved CLOMR’s allow construction of the proposed flood control
project and land preparation as specified in the “start of construction”
definition.
B. Development of substantial improvement and substantial damage
procedures.
1. Using FEMA publication FEMA 213, “Answers to Questions About
Substantially Damaged Buildings,” or FEMA 758 “Substantial
Improvement/Substantial Damage Desk Reference (2010),” develop
detailed procedures for identifying and administering requirements for
substantial improvement and substantial damage, to include defining
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“market value.”
2. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
C. Review, use and development of other base flood data.
When base flood elevation data has not been provided in accordance with
Section 15.62.070, the Floodplain Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a federal or State
agency, or other source, in order to administer Sections 15.62.170 through 15.62.220.
NOTE: A base flood elevation may be obtained using one of two methods from the
FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate
Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood
Elevations” dated July 1995.
D. Notification of other agencies.
1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency
Management Agency; and
c. Assure that the flood carrying capacity within the altered or relocated
portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project
completion, whichever comes first, the Floodplain Administrator shall
submit or assure that the permit applicant submits technical or
scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the
issuance of building permits. Building permits must not be issued
based on Conditional Letters of Map Revision (CLOMR’s). Approved
CLOMR’s allow construction of the proposed flood control project and
land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates and
floodplain management requirements are based on current data.
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3. Changes in corporate boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of
the community clearly delineating the new corporate limits.
E. Documentation of floodplain development.
Obtain and maintain for public inspection and make available as needed the
following:
1. Certification required by Subsection 15.62.170.C.1 and Section 15.62.200
(lowest floor elevations);
2. Certification required by Subsection 15.62.170.C.2 (elevation or
floodproofing of nonresidential structures);
3. Certification required by Subsections 15.62.170.C.3 (flood openings/wet
floodproofing standard);
4. Certification of elevation required by Subsection 15.62.190.A.3
(subdivisions and other proposed development standards);
5. Certification required by Subsection 15.62.220.B (floodway
encroachments); and
6. Maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its biennial report submitted
to the Federal Emergency Management Agency.
F. Map determination.
Make interpretations where needed, as to the exact location of the boundaries of
the areas of special flood hazard, for example where there appears to be a conflict
between a mapped boundary and actual field conditions. The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Section 15.62.160.
G. Remedial action.
Take action to remedy violations of this Chapter as specified in Section
15.62.080.
H. Biennial report.
Complete and submit Biennial Report to FEMA.
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I. Planning.
Assure community’s General Plan is consistent with floodplain management
objectives herein.
Section 15.62.150 Development Permit.
A development permit shall be obtained before any construction or other
development, including manufactured homes, within any of special flood hazard areas
established in accordance with its definition in Section 15.62.070. Application for a
development permit shall be made on forms furnished by the City. The applicant shall
provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions, and elevation of the area in question, existing or
proposed structures, storage of materials and equipment and their
location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any
proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.62.070 or
Subsection 15.62.140.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in Subsection
15.62.170.C.2 of this Chapter and detailed in FEMA Technical Bulletin TB
3-93.
B. Certification from a registered civil engineer or architect that the nonresidential
floodproofed building meets the floodproofing criteria in Subsection
15.62.170.C.2.
C. For a crawl-space foundation, location and total net area of foundation openings
as required in Subsection 15.62.170.C.3 of this Chapter and detailed in FEMA
Technical Bulletins 1-93 and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development.
E. All appropriate certifications listed in Subsection 15.62.140.E of this Chapter.
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Section 15.62.160 Appeals.
The City Council of the City of Grand Terrace shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination made
by the Floodplain Administrator in the enforcement or administration of this Chapter.
Section 15.62.170 Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and substantial improvement of structures, including manufactured
homes, shall be adequately anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
B. Construction materials and methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
1. With flood resistant materials, and utility equipment resistant to flood
damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and
4. With adequate drainage paths around structures on slopes to guide flood
waters around and away from proposed structures within Zones AH or
AO.
C. Elevation and floodproofing.
1. Residential construction.
New construction or substantial improvements of residential
structures shall have the lowest floor, including basement:
a. In AE, AH, A1-30 Zones, elevated to or above the base flood
elevation.
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b. In an AO Zone, elevated above the highest adjacent grade to a height
equal to or exceeding the depth number specified in feet on the FIRM,
or elevated at least 2 feet above the highest adjacent natural grade if
no depth number is specified.
c. In an A Zone, without base flood elevation’s specified on the FIRM
[unnumbered A zone], elevated to or above the base flood elevation;
as determined under Subsection 15.62.140.C.
Upon the completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered civil engineer or
licensed land surveyor, and verified by the community building
inspector to be properly elevated. Such certification and verification
shall be provided to the Floodplain Administrator.
2. Nonresidential construction.
New construction or substantial improvements of nonresidential
structures shall either be elevated to conform with Subsection
15.62.170.C.1 requirements, or:
a. Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under Subsection 15.62.170.C.1,
so that the structure is watertight with walls substantially impermeable
to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the
standards of Subsection 15.62.170.C.2.a & b are satisfied. Such
certification shall be provided to the Floodplain Administrator.
3. Flood openings.
All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding basements)
that are usable solely for parking of vehicles, building access or storage,
and which are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwater. Design requirements must meet the following
minimum criteria:
a. For non-engineered openings:
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1. Have a minimum of two openings on different sides having a total
net area of not less than 1 square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than 1 foot above
grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry
and exit of flood water; and
4. Buildings with more than one enclosed area must have openings
on exterior walls for each area to allow flood water to directly enter;
or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes.
a. See Subsection 15.62.200.
5. Garages and low cost accessory structures.
a. Attached garages.
1. A garage attached to a residential structure, constructed with the
garage floor slab below the base flood elevation, must be designed
to allow for the automatic entry of flood waters. See Subsection
15.62.170.C.3. Areas of the garage below the base flood elevation
must be constructed with flood resistant materials. See Subsection
15.62.170.B.
2. A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on below
grade parking areas, see FEMA Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. “Accessory structures” used solely for parking (2 car detached
garages or smaller) or limited storage (small, low cost sheds), as
defined in Section 15.62.050, may be constructed such that its floor
is below the base flood elevation, provided the structure is
designed and constructed in accordance with the following
requirements:
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a) Use of the accessory structure must be limited to parking or
limited storage;
b) The portions of the accessory structure located below the base
flood elevation must be built using flood-resistant materials;
c) The accessory structure must be adequately anchored to
prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure
must be elevated or floodproofed to or above the base flood
elevation;
e) The accessory structure must comply with floodplain
encroachment provisions in Section 15.62.220; and
f) The accessory structure must be designed to allow for the
automatic entry of flood waters in accordance with Subsection
15.62.170.C.3.
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable
standards in Section 15.62.170.
Section 15.62.180 Standards for utilities.
A. New and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate the following:
1. Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
Section 15.62.190 Standards for subdivisions and other proposed development.
A. New subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or
5 acres, whichever is the lesser, shall:
1. Identify the special flood hazard areas and base flood elevations.
2. Identify the elevations of lowest floors of all proposed structures and pads
on the final plans.
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3. If the site is filled above the base flood elevation, the following as-built
information for each structure shall be certified by a registered civil
engineer or licensed land surveyor and provided as part of an application
for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain
Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. Subdivision proposals and other proposed development shall be consistent with
the need to minimize flood damage.
C. Subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage.
D. Subdivisions and other proposed development shall provide adequate drainage
to reduce exposure to flood hazards.
Section 15.62.200 Standards for manufactured homes.
A. Manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new
manufactured home park or subdivision; (3) in an expansion to an existing
manufactured home park or subdivision; or (4) in an existing manufactured home
park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall:
1. Within Zones A1-30, AH, and AE on the community's Flood Insurance
Rate Map, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely fastened to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
B. Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones A1-30, AH, and AE
on the community's Flood Insurance Rate Map that are not subject to the
provisions of Subsection 15.62.200.A will be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement,
and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood
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elevation; or
2. Manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor
including basement shall be certified by a registered civil engineer or licensed
land surveyor, and verified by the community building inspector to be properly
elevated. Such certification and verification shall be provided to the Floodplain
Administrator.
Section 15.62.210 Standards for recreational vehicles.
A. All recreational vehicles placed on site in Zones A1-30, AH, and AE on the
community’s Flood Insurance Rate Map shall either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions; or
3. Meet the permit requirements of Section 15.62.150 of this Chapter and
the elevation and anchoring requirements for manufactured homes in
Subsection 15.62.200.A.
Section 15.62.220 Floodways.
Since floodways are an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential, the following
provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within
Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other development, will not
increase the water surface elevation of the base flood more than 1 foot at any
point within the City.
B. Within an adopted regulatory floodway, the City shall prohibit encroachments,
including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is provided
demonstrating that the proposed encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
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C. If Subsections 15.62.220.A and B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other
applicable flood hazard reduction provisions of Sections 15.62.170 through
15.62.220.
Section 15.62.230 Nature of variances.
The issuance of a variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will
not be modified by the granting of a variance.
The variance criteria set forth in this section of this Chapter are based on the
general principle of zoning law that variances pertain to a piece of property and are not
personal in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this Chapter would
create an exceptional hardship to the applicant or the surrounding property owners.
The characteristics must be unique to the property and not be shared by adjacent
parcels. The unique characteristic must pertain to the land itself, not to the structure, its
inhabitants, or the property owners.
It is the duty of the City Council to help protect the residents and their property
from flooding. This duty is so compelling and the implications of the cost of insuring a
structure built below flood level are so serious that variances from the flood elevation or
from other requirements of this Chapter should be quite rare. The long term goal of
preventing and reducing flood loss and damage can only be met if variances are strictly
limited. Therefore, the variance guidelines provided in this Chapter are more detailed
and contain multiple provisions that must be met before a variance can be properly
granted. The criteria are designed to screen out those situations in which alternatives
other than a variance are more appropriate.
Section 15.62.240 Conditions for variances.
A. Generally, variances may be issued for new construction, substantial
improvements, and other proposed new development to be erected on a lot of
1/2 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that the procedures
of Sections 15.62.130 through 15.62.220 of this Chapter have been fully
considered. As the lot size increases beyond 1/2 acre, the technical justification
required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures"
(as defined in Section 15.62.050 of this Chapter) upon a determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
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C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the
requirements of this Chapter. For example, in the case of variances to an
elevation requirement, this means the City Council need not grant permission for
the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the City Council believes will both
provide relief and preserve the integrity of this Chapter.
E. Any applicant to whom a variance is granted shall be given written notice over
the signature of a community official that:
1. The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage, and
2. Such construction below the base flood level increases risks to life and
property. It is recommended that a copy of the notice shall be recorded
by the Floodplain Administrator in San Bernardino County Recorder’s
Officer and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to the Federal Emergency Management Agency.
Section 15.62.250 Appeal board.
A. In passing upon requests for variances, the City Council shall hold a public
hearing and consider all technical evaluations, all relevant factors, and standards
specified in this Chapter, and the:
1. Danger that materials may be swept onto other lands to the injury of
others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. Importance of the services provided by the proposed facility to the
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community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated
development;
8. Relationship of the proposed use to the General Plan and Floodplain
Management Program for that area;
9. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site; and
11. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (see "Public safety and nuisance"), cause
“fraud and victimization” of the public, or conflict with existing local laws
or Ordinances.
C. Variances may be issued for new construction, substantial improvements, and
other proposed new development necessary for the conduct of a functionally
dependent use provided that the provisions of Sections 15.62.250.A through D
are satisfied and that the structure or other development is protected by methods
that minimize flood damages during the base flood and does not result in
additional threats to public safety and does not create a public nuisance.
D. Upon consideration of the factors of Section 15.62.240.A and the purposes of
this Chapter, the City Council may attach such conditions to the granting of
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variances as it deems necessary to further the purposes of this Chapter.
SECTION 2. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City’s environmental procedures, and has been found to be
exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in
that the City Council hereby finds that it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
SECTION 3. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 4. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective thirty (30) days from and after its adoption.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Approved as to form:
____________________________
Richard L. Adams, II
City Attorney
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I, _____________, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of January, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
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Attachment: Vicinity Map with City Boundary (1828 : Floodplain Management Resolution and Ordinance)
MAIN
PICO
BA RT O N
I 215
LA CADENA
MT VERNON
DE BERRY
WASHINGTON
VAN BUREN
MICHIGAN
IOWA
C AN AL
PALM
ETON
ROSEDALE
VIVIENDA
BOSTICK
LARK
RAVEN
ROBIN
TAYLOR
MIRIA M
LA PAIX
ORIOLE
WREN
PRESTON
LA CROSSE
M IN O N A
GRAND TERRACE
MOHAVE
LITTON
FINCH
CARDINAL
REED
RENE
BRENTWOOD
HOLLY
NEWPORT
KINGSTON
TANAGER
WESTWOOD
MEADOW
ARLISS
WARBLER
VISTA GRANDE
HONEY HILL
DOS RIOS
DARWIN
R V C E N T E R
TERRACE
GLENDORA
LOMA VERDE
MAVIS
TROPICA RANCHO
HILLTOP
THRUSH
MIRADO
WALNUT
CENTER
CRANE
W
I
L
L
E
T
M E R L E
DE SOTO
BLUEBIRD
JENSEN
WILMAC
F AIR B U R N
ROYAL
A L L E N
PARADISE
DOVE
FREMONTIA
CORDOVA
KENTFIELD
MCCLARREN
GARDEN
M
A
P
L
E
COMMERCE
ROSA
CARHART
WALIN
CAHUILLA
LINDA
THEATER
WILD CANYON
FLAMINGO
DUTCH
P
A
S
C
A
L
DELLA
LA LOMA
LOMA ROJA
LADERA
HILL
RAILROAD ACCESS
HAMPTON
MARIA
BURNS
OBSERVATION
CANARY
T W I N C A N Y O N
SANDBURG
SKYVIEW
EMERALD
SISKEN
COOLEY
UTILITY ACCESS
STONEWOOD
ORANGEWOOD
FULMAR
SEVILLE
MERRYFIELDS
VICTORIA
B
L
U
F
F
SHIRLEY
WHISTLER
QUAIL
PEACOCK
NIGHTINGALE
VIVENDA
PRUITT
CENTER CITY
C H U M A S H
T
H
O
M
P
S
O
N
T E R R A C E P I N E S
KINGFISHER
NAPA
NANDINA
FRANKLIN
THAMES
COUNTRY CLUB
CARL-DENNY
BLUE MOUNTAIN
A
S
P
E
N
SA
NTO ANT
ON
IO
EAGLE
DICKENS
VIA DE LA ZANJA
MARYKNOLL
MIKE TODD
THOMAS
CONDOR
BROWNING
CHAPARRAL
BERNARD
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REED
DE SOTODE SOTO DE SOTO
CARDINAL
OBSERVATION
DE BERRY
JENSEN
WARBLER
C A R D I N A L
TERRACE
CARDINAL
WILLET
REED
KENTFIELD
PALM
FRANKLIN
LADERA
KENTFIELD
TANAGER
WARBLER
MAVIS
SANDBURG
PASCAL
WASHINGTON
CENTER CITY
FLAMINGO
KENTFIELD
TANAGER
I 215
VIVIENDA
DE BERRY
KINGSTON
THOMAS
CHUMASH
HAMPTON
KENTFIELD
LADERA
VICTORIA
H
O
LLY
LARK
OBSERVATION
ORIOLE
LARK
WHISTLER
UTILITY ACCESS
LA PAIX
VIVIENDA
I 215
LA CADENA
RAVEN
FLAMINGO
ORIOLE
DE BERRY
VIVIENDA
CANAL
PASCAL
ARLISS
VIVIENDA
BOSTICK
G
R
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T
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REED
MIRADO
DARWIN
PASCAL
RAVEN
ORIOLE
MIRADO
CARDINAL
LINDA
VIVIENDA
PASCAL
FULMAR
City of Grand Terrace
2010 General Plan
Streets
Railroad
City Boundary
Low Density Residential
Medium Density Residential
Medium/High Density Residential
Hillside Low Density Residential
Office Commercial
General Commercial
Industrial
Floodplain Industrial
Public
Hillside Open Space
Mixed Use
.
0 0.50.25
Miles
General Plan Land Use Map
Exhibit 2-2
General Plan Land Use Map
Adopted April 27, 2010, Resolution No. 2010-10Amended July, 26, 2011 Resolution No. 2011-23; Amended May, 22, 2012, Resolution No. 2012-22
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: CONSIDER ELIMINATION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT AND CREATE TWO NEW
DEPARTMENTS. PLANNING AND DEVELOPMENT
SERVICES (TO INCLUDE PLANNING, BUILDING AND
CODE ENFORCEMENT) AND THE DEPARTMENT OF
PUBLIC WORKS (TO INCLUDE ENGINEERING,
STREETS, INFRASTRUCTURE, PUBLIC WORK, PARKS
AND FACILITY MAINTENANCE). CONSIDER APPROVAL
NEW JOB CLASSIFICATION AND ADDITIONAL BUDGET
APPROPRIATIONS TO SUPPORT THE NEW
DEPARTMENTS.
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: 1. Adopt a Resolution (Attachment X) amending the
Authorized Summary of Positions Section of the 2015/16
Budget approving the City Manager’s reorganization request
by eliminating the Community Development Director and
Senior Engineer Positions from the 2015/16 budget and
adding the Director of Planning and Development Services,
Public Works Director, Building Official and the Code
Enforcement Specialist (weekend) positions to the 2015/16
Authorized Summary of Position list in the 2015/16 budget,
effective March 1, 2016. Approve functions for each
department as identified in attachment I and II; and
2. Approve the job description for Director of Planning
and Development Services and Director of Public Works
(Attachment VII) and;
3. Adopt a Resolution (Attachment VIII) rescinding the
current Classification/Salary ranges for the City Employees
and adopting a new Classification/Salary ranges for the City
Employees including the approval of Salary Ranges for
Director of Planning and Development Services (R40), which
is consistent with the survey Mean Max of Contract Cities;
and approve a range of R42 which is 90% of the survey
Mean Max for Public Works Director surveyed, effective
March 1, 2016; and
4. Acknowledge that the Director of Planning and
Development Services and the Director of Public Works
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positions are At-Will positions and as provided in Section
2.24.020(E) of the Grand Terrace Municipal Code; and
5. Direct City Manager to return within 30 days with
report to modify Municipal Code to provide separation
agreements of 3 months for existing employees that assume
at-will positions and authorize the City Manager to enter into
separation agreements containing a severance payment of
no more than 3 months for future at-will employees; and
6. Authorize the appropriation of $55,800 From the Gas
Tax Fund (Attachment IX) for salary increases and budget
adjustments for positions in the Planning and Development
Services Department and Public Works Department.
2030 VISION STATEMENT:
This staff report supports Goal #1 - Ensure Our Fiscal Viability by Exploring Creative
Means to Provide Services.
BACKGROUND:
The Council will consider separating the land use and public works functions from the
Community Development Department and create two separate Departments to include
the following:
The Department of Planning and Development Services, the Department will include
Planning, Building and Code Enforcement, and
The Department of Public Works, the Department will include Engineering,
Infrastructure Development, Sewer, Facility Maintenance and Public Works and
Parks Field Operations.
In addition, the Council will consider approving the elimination of the Director of
Community Development and replace it with the Director of Public Works and the
Director of Planning and Development Services.
The aforementioned reorganization to become effective March 1, 2016.
DISCUSSION
The Director of Community Development currently provides oversight of land use and
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public works related projects. The City currently has a land use expert filling this role,
but the staff person is often called on to address Public Works related issues that would
normally require a certified City Engineer licensed by the State of California. The City
has tried to augment the services with a lower level engineer but the demand and scope
of Public Works services is vast and requires a dedicated resource to ensure that
design and implementation of Public Works programs are carried out in a safe and
economical manner. In addition, the position also has oversight of planning, building
and permit services. The position also provides staff support to numerous Council-
appointed Commissions and Committees; ensuring compliance with applicable laws
and regulations dealing with the General Plan, State laws, development of area plans,
neighborhood plans, special studies, environmental impact reports, design guidelines
and historic preservation programs, surveys and annexations.
Staff believes the sheer size of duties and tasks associated with the Director of
Community Development will hinder future development in the City. In addition, staff
believes the tasks assigned to this position are too great for one individual and requires
both a land use experts and a senior level registered civil engineer.
Therefore, staff is recommending a reorganization of the Community Development
Department occur and the City establish the Department of Public Works and the
Department of Planning and Development Services (Attachment I and II).
Establishment of the two Departments will allow the City to hire a qualified Public Works
Director that is a registered civil engineer and allow the current Community
Development Director to assume the position of Director of Planning and Development
Services, as she is an expert in development and land use. Both positions will be At-will
in accordance with the City of Grand Ordinance No. 281 approved on April 28, 2015
(Attachment III).
Establishing the Department of Planning and Development will allow the City to
consolidate land use functions like Code Enforcement, Building and Planning and
create efficiencies in the delivery of land use services. Staff believes that the
reorganization will lead to the improvement of land use services by having a Planning
Department Head to advise and make recommendations to the Council on land use
policies. In addition, the reorganization leads to the employment of an in-house Building
Official (1/2 time) and a part time Code Enforcement Officer (weekends). The in-house
Building Official will be able to expedite permit reviews and oversee and implement the
City’s Code Enforcement program.
FISCAL IMPACT
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There is no fiscal impact to the general fund as the Senior Engineering Position in this
year’s budget will be replaced with a Public Works Director position, the increased costs
of the Director position will be fully funded from non General Fund sources (Attachment
IV). The Planning Director position currently is funded with 10% Gas Tax. It will be
replaced with Land Use Fees and Charges (Attachment V). In addition, the 2015/16
budget includes $31,200 for a contracted Building Official. The in-house part time
Building Official’s salary is $42,980. The $11,780 difference will be offset with
approximately $30,000 in annual plan check fees paid to our contractor (Attachment VI).
The Building Official will do plan check in-house and the City will retain building permit
and plan check fees. It is also expected that the Building Official will also assist Code
Enforcement with recovery of fines.
Staff is also seeking direction from Council to return with modifications to the Municipal
Code- Section 2.24.08 - Abolishment of Positions. The modification would allow
employees currently holding a classified position that assumes a new At-Will
Department Head position to be entitled to a severance payment of 3 months of
compensation if they are removed from the new at-will position “without cause” and;
Provide additional language to 2.08.080 - Appointment, removal, demotion, promotion
of employees that allow the City Manager to provide separation agreements up to 3
months of severance pay for at-will employees released “without cause”. The separation
agreement must be shared with Council within 60 days of execution. Fiscal impact could
be felt within the Department if at-will positions are released “without cause”.
ATTACHMENTS:
Attachment I (PDF)
Attachment II (PDF)
Attachment III (PDF)
Attachment IV (PDF)
Attachment V (PDF)
Attachment VI (PDF)
Attachment VII (PDF)
Attachment VIII (PDF)
Attachment IX (PDF)
Attachment X (PDF)
APPROVALS:
G. Harold Harold Duffey Completed 12/03/2015 4:05 PM
Finance Completed 12/03/2015 4:21 PM
City Attorney Completed 01/06/2016 8:16 AM
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City Manager Completed 01/06/2016 8:58 AM
City Council Pending 01/12/2016 6:00 PM
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Assoc. Planner
(unbudgeted)
(1) Planning Tech
Proposed Organizational Structure of Grand Terrace
Planning and Development Services
Director of
Planning and
Development
Services
Building Division
(1) Building Official
%Time
Administrative
Support
(1) Department
Secretary
(1) Building Inspector
(contractor) Weekend Code
Enforcement
Code Enforcement
(1) Officer
Counter Technician
1 position
ATTACHMENT I
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(1) GIS
Technician
(Contractor)
Proposed Organizational Structure
Grand Terrace Public Works Department
(1) Sr. Civil
Engineer
(unbudgeted
)
(1) Construction
Inspector
(Contractor )
Director
Public
Administration
Management
oalJ!st ( 1)
Public Works Field Crew
Maintenance Crew Lead (1)
Street Crews
Maintenance Worker I (1)
Maintenance Worker II (1)
Maintenance Worker II (1/2)
Park Crews
Maintenance Worker I (1)
Maintenance Worker II (1)
Maintenance Worker II (1/2)
ATTACHMENT II
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and
ORDINANCE NO. 281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, AMENDING TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE CITY OF
GRAND TERRACE MUNICIPAL CODE BY RESCINDING
THE CURRENT CHAPTER 2.24 (PERSONNEL SYSTEM) AND
ADDING A NEW CHAPTER 2.24 (PERSONNEL SYSTEM)
RELATING TO PERSONNEL ADMINISTRATION AND
ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING
FOR THE ADOPTION OF RULES AND REGULATIONS FOR
THE ADMINISTRATION OF PERSONNEL MATTERS
WHEREAS, the City Council has recently adopted new personnel rules and regulations;
WHEREAS, it is necessary to revise the Personnel System section of the Municipal code
in order to avoid duplication and to insure that the ordinance and the personnel rules and
regulations work together harmoniously.
NOW THEREFORE, THE CITY COUNCIL OF THE GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth
above in this Ordinance are true and correct.
SECTON 2: The City Council hereby rescinds Chapter 2.24 (Personnel System) of Title
2 (Administration and Personnel) of the Grand Terrace Municipal Code in its entirety.
SECTION 3: The City Council hereby amends Title 2 (Administration and Personnel) of
the Grand Terrace Municipal Code with the addition of the following new Chapter 2.24
(Personnel System) as follows:
CHAPTER 2.24 -PERSONNEL SYSTEM
2.24.010-Adoption of personnel system.
In order to establish an equitable and uniform procedure for dealing with personnel matters; to
attract to municipal service the best and most competent persons available; to assure that
appointments and promotions of employees will be based on merit and fitness as determined by
competitive test; and to provide a reasonable degree of security for qualified employees, the
following personnel system is hereby adopted.
ORDINANCE NO. 281 PAGE 1 OF4 APRIL 28, 2015
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2.24.020 -Applicability of chapter to all city officers and employees-Exceptions.
The provisions of this chapter shall apply to all offices, positions and employments in the service
of the city except:
A. Elective officers;
B. The city manager and any assistants to the city manager;
C. The city attorney and any assistant or deputy city attorneys;
D. Members of appointive boards, commissions, and committees;
E. All department directors;
F. Persons engaged under contract to supply expert, professional, technical or any
other services;
G. Volunteer personnel;
H. All council-appointed city officers;
I. Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as extraordinary fire, flood, or earthquake which
threatens life or property;
J. Limited-term contract employees;
K. Employees, other than those listed elsewhere in this section, not regularly
employed in permanent positions. "Regularly employed in permanent positions"
means an employee hired for an indefinite term into a budgeted position, who is
regularly scheduled to work no less than one thousand forty (1040) hours per
year, and has successfully completed the probationary period and been retained as
provided in this chapter and the personnel rules;
L. Any position primarily funded under a state or federal employment program;
M. Employees not included in the competitive service under this section shall serve at
the pleasure of the appointing authority.
2.24.030 -Personnel system administration.
The Personnel Officer shall be responsible for the administration of the Personnel system. The
Personnel Officer shall be the City Manager or the City Manager's designee.
2.24.040 -Personnel rules generally.
General rules for the administration of personnel shall be adopted and may be amended from
time to time by resolution of the City Council. Such rules may be implemented through
administrative procedures which are approved by the City Manager.
2.24.050 -Authority to issue subpoenas in personnel matters.
All administrative procedures relating to the City's personnel system shall include the power of
issuing and enforcing legislative subpoenas for purposes of compelling the attendance of
witnesses and/or the production of other evidence. The power to subpoena witnesses and
evidence shall apply to all personnel proceedings regardless of whether such proceedings are
established by a City ordinance, resolution, contract or collective bargaining agreement adopted
by the City Council.
ORDINANCE NO. 281 PAGE2 OF4 APRIL 28, 2015
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2.24.060 -Position abolishment authorized when.
Whenever in the judgment of the City Council it becomes necessary in the interest of economy
or because the necessity for the position or employment involved no longer exists, then the city
council may abolish any position or employment in the city service and lay off, demote or
transfer any employee holding such position or employment without filing written charges and
without permitting the right of appeal in accordance with procedures defined in the personnel
rules. This section shall not be interpreted as voiding restrictions and rules regarding employee
rights in the case of disciplinary actions.
2.24.070 -Right to contract for services.
The City Manager shall consider and make recommendations to the City Council regarding the
extent to which the City should contract for the performance of technical or administrative
services in connection with the operation of the City. The City Council may contract with any
qualified person or agency for the performance of any technical or administrative service.
2.24.080 -Conflicting Provisions Repealed.
All other ordinances, resolutions, and minute orders of the City of Grand Terrace, sections or
sentences thereof, in conflict with this ordinance and any rules and regulations promulgated prior
to the effective date of this Ordinance are hereby declared repealed. This provision does not
apply to any ordinances and/or resolutions relating to the California Public Employees
Retirement System
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Grand Terrace hereby declares that it would
have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
may be declared invalid or unconstitutional.
SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published in the same manner required by law. This Ordinance
shall become effective thirty (30) days from and after its passage.
PASSED, APPROVED, and ADOPTED this 28th day of April, 2015.
ATTEST:
ORDINANCE NO. 281 PAGE3 OF4 APRIL 28, 2015
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Approved as to form:
'Richard L. Adams, II
City Attorney
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting held on the 14th day of April 2015, and
adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 281h
day of April, 2015, by the following vote:
AYES: Council Members Mitchell, Wilson, Hussey, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None
ABSENT: None
ABSTAIN: None
ORDINANCE NO. 281 PAGE4 OF 4 APRIL 28, 2015
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AGENDA REPORT
MEETING DATE: April 14, 2015 Council Item
TITLE: Amendment to the Personnel Rules and Establishment of
the Statement of Benefits
PRESENTED BY: Kris Harapan, Human Resources Technician
RECOMMENDATION: 1. ADOPT RESOLUTION NO. 2015-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING PERSONNEL RULES,
REGULATIONS AND POLICIES AND RESCINDING
RESOLUTION NO. 2014-070; and
2. ADOPT RESOLUTION 2015-XX OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
ADOPTING A STATEMENT OF BENEFITS
2030 VISION STATEMENT:
This staff report supports Goal #1, "Ensuring Our Fiscal Viability”, by providing updated
personnel rules, regulations and policies that are in compliance with state and federal
mandates. A consistent set of rules will help promote and maintain the adopted Core Value of maintaining a "Positive and Productive Work Environment".
BACKGROUND:
On November 25, 2014, the City Council adopted a new set of Personnel Rules under
resolution 2014-070. Since adoption of the new Personnel Rules, a few questions have
arisen which have highlighted the need to clarify and/or correct certain items in the rules
and there have been several changes in law that need to be addressed.
DISCUSSION:
This amendment is not a rewriting of the rules. It is being done to make minor
adjustments, clarifications, and corrections to the main body of the rules and to its
appendices. All of the intentions adopted by the Council in November are still present
and are being carried forward. We have however, rearranged the document to allow for
ease of administration and future review.
These changes were prompted as follows:
1. There have been some changes to the law since November in addition to
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recommended changes based on pending case law.
a. Effective January 1, 2015, the California Government Code Section 12950.1
requires that employers provide training on abusive conduct in addition to sexual
harassment training. We have added the appropriate language to the Harassment
rules.
b. There are some court cases pending where employers have been sued for
enforcing their smoking policy on employees using e-cigarettes. This has prompted
recommendations from labor attorneys that all employers review the language in their
smoking policies. We have amended our smoking policy to conform to new
recommended best practices.
2. Since the rules were first adopted, employees have had questions on certain
provisions. We have taken this opportunity to add some clarifying language. This
applies mainly to benefits.
a. A provision was added to Holiday pay that indicates an employee must be in a
paid status on the day before and the day after the holiday in order to be eligible for
Holiday Pay. This was in our prior rules but was inadvertently left out during the update.
b. Several benefits were eliminated by Council in 2010. Employees who were
already receiving those benefits were grandfathered in and allowed to continue
receiving the benefit. Language has been added to each of those benefits to indicate
that the employee remains grandfathered in only if they have remained in Continuous
Service (as defined in the Personnel Rules) since 2010.
3. Certain elements of the rules were determined to be procedural. Rather than
defining what an employee is entitled to, these elements were determined to outline the
process for administering what the employee is entitled to. They have been removed
from the rules and placed into administrative procedure documents. The language was
kept intact it was simply moved as follows:
Administrative Procedure - Family and Medical Care Leave
Administrative Procedure - Pregnancy Disability Leave
Administrative Procedure - Reasonable Accommodation and Fitness for Duty
4. Appendix A - This section has been eliminated from the Personnel Rules. It is
included in the City of Grand Terrace Municipal Code Section 2.24.
5. Staff has relocated anything that relates to the amount and type of benefits provided.
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These items have all been relocated to the Statement of Benefits, Appendix B. There
are no changes to benefit amounts, except to correct typographical errors.
Language was added to the Benefits Statement directing staff to annually review the
Consumer Price Index for changes to the surrounding areas cost of living; and to also
conduct a salary survey every two years as a part of the budget process. This is a
review only intended to keep Council apprised of how the City compares to other
jurisdictions on pay and benefits. Council retains all rights to determine, as a part of the
budget process, what to implement or not implement.
6. Appendix C - This section has been eliminated from the Personnel Rules. It has
been moved to the Statement of Benefits, Appendix B.
Going forward, the Personnel Rules will contain those items that are reviewed and amended by Council based primarily on legislative or judicial changes to the law. The
Statement of Benefits will contain those items that are reviewed and amended by
Council as a part of the City's budgetary process.
Grouping like items into separate documents will help ensure that the City avoids inadvertently developing future conflicting provisions. It also ensures that future review
processes will generally only require a review of a single document relevant to the type
of review (i.e. legal, financial, etc.).
FISCAL IMPACT:
None. At this time there are no changes being proposed that would impact the City’s
budget. All benefits are remaining at the current levels. No new benefits are being
created as a part of this action.
ATTACHMENTS:
x Amended Personnel Rules (DOCX)
x 2015 Statement of Benefits - Appendix B (DOC)
x Personnel Rules Changes (DOCX)
x Statement of Benefits Changes (DOCX)
x Administrative Procedure - Family and Medical Care Leave (DOCX)
x Administrative Procedure - Pregnancy Disability Leave (DOCX)
x Administrative Procedure - Reasonable Accommodation and Fitness for Duty
(DOCX)
x Resolution Adopting Personnel Rules Rescind 2014-070 (DOCX)
x Reso 2015-XX Adopting Statement of Benefits (DOCX)
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APPROVALS:
Kris Harapan Completed 04/07/2015 8:52 AM
Carol Jacobs Completed 04/07/2015 1:25 PM
Finance Completed 04/07/2015 5:06 PM
City Attorney Completed 04/08/2015 9:29 AM
City Manager Completed 04/08/2015 9:51 AM
City Council Pending 04/14/2015 6:00 PM
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CITY OF GRAND TERRACE
Personnel Rules and Regulations
Adopted by Resolution 2015 - __, April 14, 2015
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TABLE OF CONTENTS
SECTION 1. INTRODUCTION
1.1 Purpose ......................................................................................................................................1
1.2 Applicability of Rules ...............................................................................................................1
1.3 Equal Employment Opportunity ...............................................................................................1
SECTION 2. DEFINITIONS
2.1 Active Service ..........................................................................................................................2
2.2 Advancement ...........................................................................................................................2
2.3 Applicant ..................................................................................................................................2
2.4 Appointing Authority ...............................................................................................................2
2.5 Appointment ............................................................................................................................2
2.6 At-Will Employee ....................................................................................................................2
2.7 Certification .............................................................................................................................2
2.8 Child Care Employee ...............................................................................................................2
2.9 Class or Classification..............................................................................................................2
2.10 Classification Plan ...................................................................................................................2
2.11 Classified Service....................................................................................................................2
2.12 Compensation .........................................................................................................................2
2.13 Compensation Plan ................................................................................................................2
2.14 Compensatory Time Off (CTO).............................................................................................3
2.15 Continuous Service ................................................................................................................3
2.16 Deferred Compensation .........................................................................................................3
2.17 Department ............................................................................................................................3
2.18 Department Head ..................................................................................................................3
2.19 Direct Appointment
2.20 Domestic Partner ....................................................................................................................3
2.21 Eligibility List .......................................................................................................................3
2.22 Employee ..............................................................................................................................3
2.23 Exempt Employees ...............................................................................................................3
2.24 Fringe Benefit(s) ...................................................................................................................3
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2.25 Full-time Employee ..............................................................................................................3
2.26 Furlough ................................................................................................................................3
2.27 Interim Appointment .............................................................................................................3
2.28 Intermittent Service ................................................................................................................4
2.29 Layoff ....................................................................................................................................4
2.30 Leave .....................................................................................................................................4
2.31 Length of Service ..................................................................................................................4
2.32 Non-exempt Employee .........................................................................................................4
2.33 On-Call Employee ................................................................................................................4
2.34 Part-time Employee ..............................................................................................................4
2.35 Pay Rate ................................................................................................................................4
2.36 Personnel Officer ..................................................................................................................4
2.37 Position .................................................................................................................................4
2.38 Probationary Employee .........................................................................................................4
2.39 Promotion ..............................................................................................................................4
2.40 Regular Rate of Pay ..............................................................................................................4
2.41 Regular Employee .................................................................................................................4
2.42 Probationary Release ............................................................................................................4
2.43 Seasonal Employee ...............................................................................................................5
2.44 Skelly Officer .........................................................................................................................5
2.45 Spouse ....................................................................................................................................5
2.46 Suspension ............................................................................................................................5
2.47 Temporary Appointment .......................................................................................................5
2.48 Termination ...........................................................................................................................5
2.49 Transfer .................................................................................................................................5
2.50 Work Day ..............................................................................................................................5
SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan ..................................................................................................................6
3.2 Reclassification .......................................................................................................................6
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SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS
4.1 Job Announcement ..................................................................................................................7
4.2 Application Forms ..................................................................................................................7
4.3 Disqualification of Applications .............................................................................................7
4.4 Supplemental Information to Applications .............................................................................8
4.5 Examinations............................................................................................................................8
4.6 Eligibility Lists ........................................................................................................................9
4.7 Appointments ..........................................................................................................................9
4.8 Direct Appointments .............................................................................................................10
4.9 Probationary Employment ....................................................................................................10
4.10 Employment of Relatives ....................................................................................................11
SECTION 5. COMPENSATION
5.1 Compensation Schedule .........................................................................................................13
5.2 Pay Ranges .............................................................................................................................13
5.3 Application of Compensation Schedule.................................................................................13
5.4 Recognition Award ................................................................................................................14
5.5 “Y” Rate .................................................................................................................................14
5.6 Out of Class Pay.....................................................................................................................14
5.7 On-Call Pay ............................................................................................................................14
5.8 Cost of Living Adjustment.....................................................................................................15
5.9 Salary Schedule Adjustments ................................................................................................15
5.10 Council Approval Required ..................................................................................................15
SECION 6. HEALTH AND RETIREMENT BENEFITS ......................................................16
SECTION 7. ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work ......................................................................................................................17
7.2 Notification of Late Arrival or Absence ...............................................................................17
7.3 Meal Period ...........................................................................................................................17
7.4 Rest Period ............................................................................................................................17
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SECTION 8. OVERTIME
8.1 Work Week ...........................................................................................................................18
8.2 Regular Rate of Pay ..............................................................................................................18
8.3 Overtime ...............................................................................................................................18
8.4 Prior Approval ......................................................................................................................18
8.5 Compensatory Time Off .......................................................................................................18
8.6 Employee Cash Out ...............................................................................................................18
SECTION 9. PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees ........................................................19
9.2 Performance Evaluations for Regular Employees ................................................................19
9.3 Special Evaluations ...............................................................................................................19
9.4 Authority ...............................................................................................................................19
9.5 Performance Evaluation Meeting .........................................................................................19
9.6 No Appeal Right ...................................................................................................................19
SECTION 10. VACATION LEAVE AND HOLIDAYS
10.1 Scheduling of Vacation Leave .............................................................................................20
10.2 Unused Vacation Leave Upon Separation ...........................................................................20
10.3 Effect of Holiday on Vacation Leave ..................................................................................20
10.4 Floating Holidays .................................................................................................................20
10.5 Holiday Pay ..........................................................................................................................20
SECTION 11. SICK LEAVE
11.1 Definition of Sick Leave .....................................................................................................21
11.2 Sick Leave Use ...................................................................................................................21
11.3 Abuse of Sick Leave ...........................................................................................................22
11.4 Excessive Use of Sick Leave ..............................................................................................22
11.5 Return to Work from Sick Leave ........................................................................................22
SECTION 12. OTHER LEAVES
12.1 Work Related Court Appearances ......................................................................................23
7.a
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12.2 Other Court Appearances .....................................................................................................23
12.3 Jury Duty Leave ...................................................................................................................23
12.4 Military Leave ......................................................................................................................23
12.5 Paid Administrative Leave ..................................................................................................23
12.6 Leave of Absence Without Pay............................................................................................24
SECTION 13. FAMILY AND MEDICAL CARE LEAVE ...................................................25
SECTION 14. PREGNANCY DISABILITY LEAVE ............................................................26
SECTION 15. RESIGNATION, LAYOFFS AND FURLOUGHS
15.1 Types of Separation ............................................................................................................27
15.2 Resignation .........................................................................................................................27
15.3 Job Abandonment ...............................................................................................................27
15.4 Layoff ..................................................................................................................................27
15.5 Furloughs ............................................................................................................................27
SECTION 16. DISCIPLINE POLICY AND PROCEDURES
16.1 Causes for Discipline ..........................................................................................................28
16.2 Types of Discipline .............................................................................................................29
16.3 Discipline Procedures .........................................................................................................30
SECTION 17. GRIEVANCE PROCEDURE
17.2 Step I: Informal Resolution with Supervisor ......................................................................35
17.3 Step II: Department Head ...................................................................................................35
17.4 Step III: Personnel Officer ..................................................................................................35
17.5 Time Limits .........................................................................................................................35
SECTION 18. PERSONNEL FILE
18.2 Notification of Changes in Personal Information ...............................................................36
18.3 Medical Information ............................................................................................................36
18.4 References and Release of Information in Personnel Files .................................................37
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18.5 Employee Access to Personnel File .....................................................................................37
SECTION 19. OUTSIDE EMPLOYMENT
19.2 Authorization .......................................................................................................................38
19.3 Determination of Inconsistent Activities .............................................................................38
19.4 Revocation ..........................................................................................................................39
19.5 Appeal ..................................................................................................................................39
19.6 Use of City Equipment Prohibited ......................................................................................39
19.7 Violations and Penalties ......................................................................................................39
SECTION 20. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY
20.7 Definitions ...........................................................................................................................40
20.8 Complaint Procedure ..........................................................................................................42
20.9 Confidentiality ....................................................................................................................43
20.10 Responsibilities ...................................................................................................................44
20.11 Dissemination of Policy .....................................................................................................45
SECTION 21. POLITICAL ACTIVITY POLICY..................................................................46
SECTION 22. DRUG AND ALCOHOL POLICY ..................................................................48
22.7 Scope of Policy ...................................................................................................................48
22.8 Searches ..............................................................................................................................48
22.9 Drug and Alcohol Testing ...................................................................................................48
22.10 Employee’s Responsibilities ...............................................................................................49
22.11 Management Responsibilities ............................................................................................50
22.12 Drug-Free Awareness Program ..........................................................................................50
SECTION 23. USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.4 Use of City Vehicles ...........................................................................................................51
23.5 Use of Privately Owned Vehicles ........................................................................................52
23.6 Vehicle Operation Guidelines ..............................................................................................53
23.7 Drivers License ....................................................................................................................54
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SECTION 24. ELECTRONIC EQUIPMENT USE POLICY ................................................55
24.4 Communication Through Other Systems or Networks ........................................................56
24.5 Misuse ..................................................................................................................................56
24.6 Consequences of Misuse ......................................................................................................57
24.7 Access to Remote Email ......................................................................................................57
24.8 City Email ...........................................................................................................................57
24.9 Cell Phone Use ....................................................................................................................57
24.10 Minimal Personal Use of Communications Equipment Permitted ...................................58
SECTION 25. SOCIAL MEDIA USE POLICY
25.3 Employee Use of Social Media ...........................................................................................59
SECTION 26. VIOLENCE IN THE WORKPLACE POLICY
26.2 Prohibited Behavior ............................................................................................................60
26.3 Weapons ...............................................................................................................................60
26.4 Workplace Violence ............................................................................................................60
26.5 Incident Reporting Procedures ...........................................................................................60
26.6 Investigation ........................................................................................................................61
26.7 Management Responsibility ................................................................................................61
26.8 Follow-Up Disciplinary Procedures ...................................................................................61
SECTION 27. OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy ...............................................................................................................62
27.2 Tattoo Policy .......................................................................................................................62
27.3 Piercing Policy ....................................................................................................................62
27.4 Smoking Policy ...................................................................................................................63
APPENDIX A – LIST OF AT-WILL EMPLOYEES – Moved to City of Grand Terrace
Municipal Code, Section 2.24.020
APPENDIX B – COMPENSATION, BENEFITS AND LEAVE BUY-BACK
APPENDIX C – FURLOUGH PROVISIONS – Moved to Appendix B
7.a
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SECTION 1. INTRODUCTION
1.1 Purpose – These personnel rules and regulations of the City of Grand
Terrace (“City”) are adopted to ensure complete understanding of personnel policies by the
City's employees, to develop fairness of application throughout the City's several departments,
and to serve as guidelines for the administration of Personnel matters. The City reserves the
right to change or modify the terms and conditions set forth at its discretion and without prior
notice to employees. These rules do not constitute a contract of employment. Nor shall these
rules be interpreted to create a property interest in employment with the City.
1.2 Applicability of Rules – Unless otherwise specified in the rules, these rules
shall apply to all individuals employed by or volunteering for the City.
1.3 Equal Employment Opportunity – The City affords equal employment
opportunity for all qualified employees and applicants as to all terms of employment, including
compensation, hiring, training, promotion, transfer, discipline and termination. The City
prohibits discrimination against employees or applicants for employment on the basis of race,
color, religion, sex, gender, gender expression, gender identity, national origin, ancestry,
citizenship, age, marital status, physical or mental disability, medical condition, genetic
information, sexual orientation, veteran status or any other basis protected by law. Employees
who believe they have experienced any form of employment discrimination are encouraged to
report this immediately using the complaint procedure set forth in the Discrimination,
Harassment and Retaliation Policy set forth herein.
7.a
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SECTION 2. DEFINITIONS
2.1 Active Service – shall mean actual time worked, holidays with pay, leaves
of absence with pay, leaves of absence without pay not to exceed 14 calendar days, and leaves of
absence without pay not to exceed one year for which Worker's Compensation is paid. It shall
also include Saturdays and Sundays or other regular days off which are immediately preceded or
immediately followed by other time worked.
2.2 Advancement – shall mean a salary increase within a range of compensation
provided for each position, which is conditioned upon a given minimum term of meritorious
service in the same position and which is made without examination.
2.3 Applicant – shall mean a person who has made application to take a City
examination.
2.4 Appointing Authority – shall mean the City Manager.
2.5 Appointment – shall mean the offer to, and acceptance by, a person of a
position either on a regular or temporary basis.
2.6 At-Will Employee – shall mean an employee who serves at the pleasure of
the City. An at-will employee may be removed at any time without cause or right to appeal. An
employee who moves into an at-will position from regular status shall be an at-will employee.
The list of all current at-will positions shall be referenced in Appendix A to the rules. All
probationary employees are at-will employees.
2.7 Certification – shall mean endorsement as meeting required minimum
standards for a vacant position.
2.8 Child Care Employee – shall mean an employee of the Child Care Center of
the City.
2.9 Class or Classification – shall mean a group of positions, with such
similarity in respect to their duties and responsibilities that similar requirements as to education,
experience, knowledge, and ability should be demanded of incumbents, that similar tests of
fitness may be used to choose qualified employees, and that the same schedule of compensation
may apply with equity under substantially the same employment conditions.
2.10 Classification Plan – shall mean the official or approved system of grouping
positions into appropriate classes.
2.11 Classified Service – shall mean all offices, positions, and employment in the
City service, except those expressly designated as unclassified in City Ordinances.
2.12 Compensation – shall mean any salary, wage, fee, allowance paid to an
employee for performing the duties and exercising the responsibilities of a position.
2.13 Compensation Plan – shall mean the official schedule of pay approved by
the City Council assigning one salary or wage range to each class title.
7.a
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2.14 Compensatory Time Off (CTO) – Time accrued or taken off from work,
with pay, in lieu of paid overtime compensation.
2.15 Continuous Service – shall mean City service uninterrupted by separation.
2.16 Deferred Compensation – shall mean tax-deferred monies held in an account
until time of termination or retirement from the City.
2.17 Department – shall mean an administrative branch including a group of
employees under the immediate charge of a department head.
2.18 Department Head – shall mean the head of a City department; and also
includes the City Clerk.
2.19 Direct Appointment – shall mean an appointment within City service
which is authorized to be made foregoing otherwise required recruitment, testing and
appointment processes; typically limited to the City Manager and City Attorney.
2.20 Domestic Partner – shall mean two adults who have chosen to share one
another's lives in an intimate and committed relationship of mutual caring, as may from time to
time be defined in the California Family Code.
2.21 Eligibility List – shall mean the ranking of eligibility for a vacancy in order
of overall qualification.
2.22 Employee – shall mean an individual who is legally an incumbent of a
position in the classified service, or who is on leave of authorized absence with the right to return
to his position.
2.23 Exempt Employees – shall mean an employee who is designated by the
Classification Plan as exempt from the overtime requirements under the Fair Labor Standards
Act (FLSA). Exempt employees shall not receive compensation for overtime work. Their
monthly salary shall be considered full compensation for all hours worked. A list of all current
exempt positions shall be referenced in the City’s Classification Plan.
2.24 Fringe Benefit(s) – shall mean an employment benefit (health insurance,
paid holiday, etc.) granted by an employer that involves a money cost without affecting basic
wage rates.
2.25 Full-time Employee – shall mean an employee whose position is budgeted
to work 40 hours per week. Full-time employees receive benefits.
2.26 Furlough – shall mean the temporary modification of normal working hours
or benefits for reasons of economy, efficiency or non-disciplinary reason.
2.27 Interim Appointment – shall mean a short-term appointment made from an
eligibility list.
7.a
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2.28 Intermittent Service - shall mean City service interrupted by separation.
2.29 Layoff – shall mean the involuntary separation of an employee from a
position for reasons of economy, efficiency or other non-disciplinary reason.
2.30 Leave – shall mean an approved type of absence from work as provided for
by these rules.
2.31 Length of Service – shall include Saturdays, Sundays, and other regular days
off which are immediately preceded or immediately followed by normal work days.
2.32 Non-exempt Employee – shall mean an employee who is not designated by
the City Manager as exempt from the overtime requirements under the FLSA. Non-exempt
employees are eligible to receive compensation for overtime work.
2.33 On-Call Employee – shall mean an employee that does not work a regular
schedule, and works intermittently as needed.
2.34 Part-time Employee – shall mean an employee whose position is budgeted
to work less than 40 hours per week. Part-time employees may receive benefits as provided
herein.
2.35 Pay Rate – shall mean a specific dollar amount expressed as either an annual
rate, a monthly rate, a semimonthly rate, a biweekly rate, or an hourly rate.
2.36 Personnel Officer – shall have the same meaning as the Grand Terrace
Municipal Code, Section 2.24, including such amendments to that Section as may from time to
time be made.
2.37 Position – shall mean a specific office of employment, whether occupied or
vacant, calling for the performance of certain duties and the carrying of certain responsibilities
by one individual, either on a full-time or part-time basis.
2.38 Probationary Employee – shall mean an employee serving in the
probationary period of employment. Probationary employees are at-will employees.
2.39 Promotion – shall mean elevation of an employee to a position which
requires a greater level of skills, and has a maximum salary higher than that of the employee's
former position.
2.40 Regular Rate of Pay – is defined under the FLSA and is determined by
dividing the employee’s total remuneration for employment in any work period by the total
number of hours that remuneration is intended to compensate.
2.41 Regular Employee – shall mean an employee who satisfactorily completes
probationary service and maintains continuing regular appointment.
2.42 Probationary Release – shall mean the dismissal from City service of an
employee who has not successfully completed the probationary period, or the return of a regular
7.a
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employee to a position in which the employee previously acquired regular status who did not
successfully complete a promotional probationary period.
2.43 Seasonal Employee – shall mean an employee hired on a temporary basis to
work only a part of the year due to seasonal employment. Seasonal employees do not receive
any City benefits.
2.44 Skelly Officer – shall mean the City official designated as having authority
to render a final disciplinary decision in the pending matter; typically the department head or
equivalent, or the City Manager.
2.45 Spouse – a person with who exists a matrimonial relationship recognized
under the laws of the State of California.
2.46 Suspension – shall mean a temporary separation of an employee from City
service for disciplinary purposes or pending the completion of an investigation of charges made
against an employee. Suspensions shall be without pay unless the employee is notified otherwise
by the City.
2.47 Temporary Appointment – shall mean an appointment not made from an
eligible list for short-term employment of less 1,000 hours per fiscal year or less than 125 days
per fiscal year. Unless specifically provided herein, temporary employees do not receive any
City benefits.
2.48 Termination – shall mean the separation of an employee from City service
because of retirement, resignation, death or dismissal.
2.49 Transfer – shall mean assignment of an employee from one position to
another position having the same maximum salary range, and requiring substantially the same
level of skills. A transfer can take place within a department, between departments, between
positions of the same class, or between positions of different classes.
2.50 Work Day – shall mean the scheduled number of hours an employee is
required to work per day.
7.a
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SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan – The Personnel Officer shall ascertain and record the
duties and responsibilities of all positions in the classified service and, after consulting with
affected department heads, shall recommend a classification plan for such positions. The plan
and any revisions thereof shall become effective upon approval of the City Council.
(a) Following the adoption of the classification plan, the Personnel Officer shall
allocate every position in the classified service to one of the classifications
established by the plan.
(b) When a new position is created, and before such position may be filled, no
person shall be appointed or employed to fill the position until the
classification plan has been amended to provide for the new position.
3.2 Reclassification – The Personnel Officer may initiate a reclassification
review to determine whether the duties of a position necessitate reclassification of the position to
a more appropriate classification. Upon completion of the reclassification review, the Personnel
Officer shall make a recommendation regarding reclassification to the City Council.
(a) The Personnel Officer shall determine whether to maintain or change the
annual performance review date of a reclassified employee.
7.a
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SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS
4.1 Job Announcement – Whenever an open competitive examination is to be
utilized to fill a position, upon authorization of the Personnel Officer, an appropriate flyer shall
be posted on the City’s website and as otherwise deemed appropriate by the Personnel Officer.
The announcement shall include:
- The title and pay for the position;
- FLSA Status (exempt or non-exempt and basis thereof);
- The nature of the work to be performed;
- The minimum qualifications;
- A statement whether the position is at-will;
- The time and place of the examination, if known, and/or if a psychological examination,
and/or a drug screen will be required following a conditional offer of employment; and
- Such other information as determined in the discretion of the Personnel Officer.
In instances where posting a job announcement would detrimentally delay the filling of a
vacancy, the City, in its sole discretion, may dispense with this requirement and fill the position
from immediately available sources.
4.2 Application Forms – Job applications shall be made on forms authorized by
the Personnel Officer. Such forms shall require information covering training, experience, and
other pertinent information as deemed necessary by the Personnel Officer. Defective,
incomplete, or untimely applications may be returned to the applicant with notice to amend and
re-file, provided that the time for receiving applications has not expired. Whenever an
application is rejected, notice of such rejection shall be mailed or emailed to the applicant by the
Personnel Officer. Applications received at times other than following announcements as set
forth above shall be destroyed or returned to the applicant at the discretion of the Personnel
Officer.
4.3 Disqualification of Applications – The Personnel Officer may reject any
application which is not properly completed or which indicates on its face that the applicant does
not meet the minimum qualifications for the position. Applications may also be rejected for
reasons, which, in the judgment of the Personnel Officer would render the applicant unsuitable
for the position.
Whenever an application is rejected, the Personnel Officer shall mail the notice of such
rejection to the applicant. Defective applications may be returned to the applicant with notice of
the defect, provided the time limit for receiving applications has not expired when the defect is
detected. Although the Personnel Officer is not required to return defective applications, all
defective applications during any recruitment must be treated identically.
7.a
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4.4 Supplemental Information to Applications – Applicants may be required to
provide supplementary information, including but not limited to:
- Resumes;
- Licenses;
- Certifications;
- Diplomas;
- Letters of recommendation; and
- References.
Although such supplementary information may be used in evaluating an individual
applicant’s qualifications, it shall not substitute for a completed application form. Should an
applicant be appointed to a position, the supplemental information shall become a part of the
individual’s permanent employment records.
4.5 Examinations
(a) The Personnel Officer will determine the manner and methods of administering
examinations. All examinations shall be job-related.
(b) Examinations shall be competitive and may consist of written tests, oral tests,
performance tests, evaluations of prior training and performance, experience and
education, interviews, style assessments, file review, or any combination thereof. Tests
shall be administered in a manner that provides all qualified applicants a fair and
reasonable opportunity to demonstrate their skills, as those skills relate to the vacant
position. Some positions may require a background check. The Personnel Officer will
determine what is fair and reasonable as it relates to this paragraph.
(c) The content of all examinations designed to differentiate between qualified
applicants shall be kept confidential prior to the administration of the examination. The
nature of the examination (oral, written, or practical) shall be communicated to all
applicants so that each applicant may come to the examination prepared to demonstrate
their skills, as those skills relate to the vacant position. The method of communication
shall be similar for all applicants.
(d) Appointment to certain positions may be made contingent upon the
applicant/employee passing a job-related medical and/or psychological examination to
the satisfaction of the Personnel Officer following a conditional offer of employment.
Such examination shall only be required after a conditional offer of employment has been
made.
(e) Applicants who receive a conditional offer of employment may need to
successfully complete drug and alcohol testing prior to their initial employment by the
City.
7.a
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(f) Any medical records will be kept confidential and will be kept separately from
non-medical personnel records. Such records are accessible only by the Personnel
Officer, the City’s legal counsel, first aid and safety personnel in case of emergency, and
supervisors who are responsible for identifying reasonable accommodations. Medical
records and information contained therein must be released if so required by state or
federal law ; to ensure the utmost confidentiality required by law, only the minimum
necessary amount of information will be released
(g) No person shall be denied employment or failed on a pre-employment medical
and/or psychological examination because of a physical or mental disability if such
person can perform the essential functions of the job for which they received a
conditional offer of employment with or without reasonable accommodation unless the
applicant/employee cannot perform the job without presenting a direct threat to the health
and safety of himself/herself or others or without creating undue hardship for the City.
4.6 Eligibility Lists
(a) After completion of an open or promotional examination, the Personnel Officer
shall prepare an eligibility list consisting of the names of candidates who passed the
examination arranged in order of final score from the highest to the lowest (or arranged
alphabetically).
(b) Notwithstanding any other provision of these rules, if there are less than 3 names
on an eligibility list, the Personnel Officer may declare such list void and fill the position
by any method permitted by these rules, including but not limited to, undertaking new
recruiting and testing procedures.
(c) Eligibility lists shall become effective upon the certification by the Personnel
Officer and remain in effect for 12 months, unless the eligibility list is for a classification
for which there is continuous recruitment. A successful applicant who has been
determined eligible for appointment for a classification for which there is a
continuous recruitment shall remain on the list for 12 months.
(d) A person appearing on an eligibility list shall be removed from the list pursuant to
written request by the eligible person, or if the eligible person fails to respond to
notification of an opening from the Personnel Officer. It is the responsibility of the
eligible person to keep the Personnel Officer informed of his/her current address, phone
number and other required contact information.
4.7 Appointments
(a) The Personnel Officer shall make all appointments other than direct
appointments. The Personnel Officer shall decide in what manner a vacancy shall be
filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion,
appointment of hourly employees, or from an appropriate eligibility list if available. No
specific list shall have priority over other lists.
7.a
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(b) An eligible applicant may be appointed to a position other than for the one which
the applicant originally applied.
(c) When a position is to be filled from a promotional or open eligibility list, the
Personnel Officer may choose from the specified list one of the top three candidates on
the eligibility list. If no person among the top three candidates indicates a willingness to
accept the appointment, or if the Personnel Officer does not choose from the top three
candidates, the Personnel Officer or designee may make the appointment from among the
remaining names on the eligibility list, may request a new examination and establish a
new eligibility list, or may fill the position by any other method authorized by these rules.
(d) The person accepting appointment shall report to the Personnel Officer or
designee on the date designated by the Personnel Officer. Otherwise, the applicant shall
be deemed to have declined the appointment.
4.8 Direct Appointments – Positions deemed direct appointments by the City
may be filled by direct appointment by the City Council.
4.9 Probationary Employment
(a) The probationary period shall be regarded as a part of the testing process and shall
be utilized for closely observing the employee’s work to determine the employee’s fitness
for the position.
(b) Regular Appointments – All regular appointments to positions other than at-will
positions shall be tentative and subject to a probationary period of one year of actual and
continuous service. The Personnel Officer may extend the probationary period for an
additional period of up to six months of actual and continuous service. An employee
subject to an extension of the probationary period shall be given written notice of the
extension, including the period thereof.
(c) Promotional Appointments – All promotional appointments shall be tentative and
subject to a probationary period of six months of actual and continuous service. Upon
successful completion of the promotional probationary period, the completion date shall
be the employee’s new annual evaluation date.
(1) An employee serving in a probationary promotional position does not
acquire regular status in the promotional position until the successful
completion of the probationary period.
(2) If the employee fails to complete the probationary period in the
promotional position satisfactorily, the Personnel Officer, at his/her
discretion, may return the employee to the position held prior to promotion
at the range and step held prior to promotion, if there is a vacancy in the
prior position. However, should the position no longer be available, the
employee may be terminated.
7.a
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(d) All probationary employees are at-will employees. Accordingly, during the
probationary period, a probationary employee may be rejected at any time with or
without cause, without notice or appeal, and without any rights set forth under the
Discipline Policy and Procedures provided herein.
4.10 Employment of Relatives –
(a) The following definitions apply:
(1) “Relative” means spouse, domestic partner, child, step-child, parent,
grandparent, grandchild, brother, sister, half-brother, half-sister, aunt,
uncle, niece, nephew, or in-laws of those enumerated by marriage or
domestic partnership.
(2) “Spouse” means two persons who have a valid marriage, or two people
who are registered domestic partners, as that term is defined by California
law, Family Code Section 297 et seq.
(3) “Supervisory relationship” means one in which one employee exercises
the right to control, direct, reward, or punish another by virtue of the
duties and responsibilities assigned to his or her City appointment.
(b) Relatives – The City has discretion not to appoint, promote or transfer a person to
a position within the same department in which the person’s relative already holds a position,
when such employment would result in any of the following:
(1) A direct or indirect supervisory relationship;
(2) The two employees having job duties which require performance of shared duties
on the same or related work assignment;
(3) Both employees having the same immediate supervisor; or
(4) A potential for creating an adverse impact on supervision, safety, security, morale
or efficiency that is greater for relatives than for unrelated persons.
(c) Spouses or Domestic Partners
(1) If two City employees who work in the same department become spouses
or domestic partners, the Personnel Officer has discretion to transfer one
of the employees to a similar position in another department. Although
the wishes of the employees in question will be given consideration, the
Personnel Officer retains sole discretion to determine which employee is
to be transferred based upon City needs, operations, or efficiency. Any
such transfer that results in a salary reduction is not disciplinary and is not
subject to any grievance or appeal.
7.a
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(2) If continuing employment of both employees cannot be accommodated in
a manner the Personnel Officer finds to be consistent with the City’s
interest in the promotion of safety, security, morale, and efficiency, then
the Personnel Officer retains sole discretion to separate one employee
from City employment. Absent the resignation of one employee, the less
senior employee will be separated. Any such separation is not considered
to be disciplinary and is not subject to any grievance or appeal.
7.a
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SECTION 5 COMPENSATION
5.1 Compensation Schedule - The compensation schedule for classified service shall include
a list of classes of positions by occupational group, with the standard rates of compensation
shown for each class.
All rates shown on the official compensation schedule and conditions set forth therein are in full
payment for services rendered and are intended to cover full payment for the number of hours
regularly worked in each class.
5.2 Pay Ranges - The City has policy pay ranges which define the minimum and maximum pay
for each job.
5.3 Application of Compensation Schedule - The pay range, as set forth for each classification,
shall be applied as follows:
(a) New Appointments - Each position has a pay range which consists of minimum and
maximum rates of pay. The minimum rate for the position shall generally apply to new
employees with little or no experience within the classification. When qualifications and
experience warrant, an original appointment or reinstatement may be made at a rate other
than the minimum rate. The City Manager will decide the new appointment rate based, in
part, on the experience and training of the employee and according to the needs of the
City.
(b) Normal Advancements - After a full-time employee successfully completes six
months of service, the employee is eligible for a rate increase. It is up to the employee's
department head to recommend the amount of increase based on the employee's
performance record to the City Manager. Thereafter, increases may be considered at
annual evaluation dates. The date that the employee receives his/her first increase will be
the annual evaluation date. Employees that demonstrate consistent superior performance
may receive advancements outside the normal procedure based on the merit of the
performance and the discretion of the City.
(c) Part-Time Employees shall be eligible for a merit increase upon satisfactory
completion of the first 1,040 hours of service in a new position; and once every 2,080
hours thereafter if supported by a satisfactory performance evaluation.
(d) Advancement Provisions - No rate advancement shall be made so as to exceed any
maximum rate established in the compensation schedule for the class to which the
advanced employee's position is allocated, except as otherwise may be provided for in the
rules. Advancement shall not be automatic, but shall depend upon increased service value
of an employee to the City as exemplified by the recommendations of his/her department
head, length of service, performance record, special training undertaken, or other
pertinent evidence, within the advancement policy established by the compensation
schedule. The advancement of an employee, therefore, is one in which actual merit and
not time alone governs. An employee shall be recommended for salary increases only
when he/she clearly deserves advancement as indicated by at least a competent rating on
7.a
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his/her last performance evaluation, and not simply according to the elapse of a time
period.
(e) Transfer to Position Within the Same Classification - When an employee is
transferred to a position within the same classification to a position with the same pay
range, there shall be no salary increase or decrease because of such transfer. The
employee's salary evaluation date shall remain the same.
5.4 Recognition Award - The City Manager may, at his/her discretion, grant a onetime
recognition award in an amount up to 5% of an employee's salary when an employee on his/her
own initiative and by his/her own efforts and abilities is rendering service above the level of
proficiency normally expected in the class or is producing results consistently superior to that
normally expected of employees in the class. An employee may only receive one such bonus per
fiscal year.
5.5 "Y" Rate - An employee holds the "Y" rate of the pay range when the employee is
reclassified to a position with a lower maximum salary than the employee's existing base salary.
An employee at the "Y" rate maintains the "Y" rate (i.e. existing base salary) until the maximum
salary in the reclassified position meets or exceeds the "Y" rate. Assignment to “Y” rate is at the
discretion of the City.
5.6 Out of Class Pay - An employee who is temporarily directed by the City Manager to serve in
a higher-level position above the employee's current classification shall be compensated at the
salary of the higher level position. In order to qualify for out of class pay, the following
requirements must be met:
(a) The employee must assume substantially the full range of duties and responsibilities
of the higher-level position.
(b) The employee must first work at least 30 regular working shifts in the higher-level
position. Temporary assignments out of class shall be recorded in full-shift units only.
Therefore, an employee working out of class for less than one full shift will not be
credited with working out of class service time.
(c) Time worked out of class in the higher-level position shall not earn credits toward the
completion of probationary period requirements in the position.
(d) An employee who has qualified for out of class pay will be compensated at the
minimum rate established for the higher class for each completed work shift served in the
higher class after 30 shifts have been completed. In the event of overlapping pay ranges,
a one-step differential shall be paid for out-of-class assignments. The higher rate of pay
shall be used in computing overtime when authorized overtime is served in a nonexempt,
out-of-class work assignment. The overtime rate shall be the rate established by the
overtime regulations that apply to the higher class.
5.7 On-Call Pay - Employees placed in an on-call status for a period of one week shall receive
their choice of either seven hours of paid straight time or nine hours of compensatory time off for
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that week. Employees assigned to be on-call while not on duty shall remain within the range of
the electronic communication device provided to him/her and be available to respond to the
specified work site within a half hour. When an employee is called out, he/she will be paid for a
minimum of two hours at the employee's applicable hourly rate.
5.8 Cost of Living Adjustment (COLA). As a part of the City’s annual budget process, the City
will assess the feasibility of providing a cost of living adjustment to employee salaries.
(a) Such cost of living adjustment shall be based on the Consumer Price Index - All
Urban Consumers (CPI-U) Los Angeles-Riverside-Orange County, CA.
(b) If the City’s budget permits a cost of living adjustment, such adjustment shall be
equal to the CPI-U, up to a maximum of 5%.
(c) Unless otherwise required by law or by contract, no cost of living adjustment shall be
given to any class of employees unless all classes are also adjusted.
(d) Any allowed cost of living adjustment shall take effect on the first pay-period in
which the first day of the fiscal year falls.
5.9 Salary Schedule Adjustments. Every three years, as a part of the City’s budget process, the
City shall conduct a salary survey to determine whether existing salary levels are appropriate to
the current job market.
(a) The survey will be conducted for all City positions regardless of whether or not the
position is currently funded.
(b) Conducting a survey does not create an obligation for the City to implement salary
changes.
(c) Unless otherwise required by law or by contract, no rate adjustment shall be given
unless warranted by the salary survey.
(d) Any allowed rate adjustment shall take effect on the first pay-period in which the first
day of the fiscal year falls.
5.10 Council Approval Required. No changes to rates shall be made under sections 5.8 and 5.9
without prior approval of the City Council. Any such change under this section shall be
approved by resolution of the City Council. Such resolution shall indicate whether it is
implementing a COLA or amending the Salary Schedule of the City’s Classification Plan.
7.a
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SECTION 6 HEALTH AND RETIREMENT BENEFITS
Defined in the Statement of Benefits originally adopted as Resolution 2015-XX and
inclusive of any subsequent amendments as from time to time, including without
limitation each fiscal year, may be adopted.
.
7.a
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SECTION 7 ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work – Work schedules are determined at the sole discretion of the Department
Head and are subject to change with or without notice, according to the needs of the department
or City. An employee shall be in attendance at their work during the hours specified by the
Department Head. Any unauthorized absence may be cause for disciplinary action, up to and
including discharge from employment.
(a) Arriving late to work or leaving early in connection with scheduled work times,
breaks, or meal periods is prohibited. An employee is required to seek advance
permission from his or her supervisor for any foreseeable absence or deviation
from regular working hours.
7.2 Notification of Late Arrival or Absence – An employee who is unexpectedly
unable to report for work as scheduled must notify his or her immediate supervisor no later than
the scheduled work time and report the expected time of arrival or absence. If the employee's
immediate supervisor is not available, the employee must notify the Department Head. A non-
exempt employee who fails to timely notify the supervisor of absences, or who is not present
and ready to work during all scheduled work times will be deemed to have an unauthorized
tardy or absence and will not receive compensation for the period of absence.
7.3 Meal Period – A one hour non-compensated meal period shall be provided to all
full-time employees who work at least an eight hour work day. A 30 minute non-compensated
meal period shall be provided to all full-time employees who work more than five hours, but
less than eight hours during the work day. Employees are responsible for taking their own meal
period at the approximate mid-point of the shift, unless department rules indicate otherwise.
7.4 Rest Period – A 15 minute compensated rest period will be provided all employees
for each four hour period of service. The rest period shall be taken at a time designated by the
employee’s supervisor. The rest periods may not be combined to shorten the workday or to
extend the meal period.
7.a
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SECTION 8 OVERTIME
8.1 Work Week – The workweek begins at 12:00 a.m. on Saturday and ends at 11:59 p.m. on
Friday. Employees working a 9/80 schedule will have a flex day off every other week as
determined by the City. For employees working a 9/80 work schedule, each employee’s
designated work week shall begin exactly four hours after the start of his/her eight hour shift on
the day of the week that corresponds with the employee’s alternating regular day off.
8.2 Regular Rate of Pay – A non-exempt employee’s regular rate of pay is the employee’s
hourly rate, based on the normal, non-overtime workweek for which the employee is employed.
8.3 Overtime – Overtime is all hours a non-exempt employee actually works over 40 in his or
her work week. Overtime is compensated at 1.5 times the Fair Labor Standards Act regular rate
of pay. Only actual hours worked will be counted toward the 40-hour threshold for purposes of
calculating FLSA overtime pay.
8.4 Prior Approval – Non-exempt employees are not permitted to work overtime except as
the department director authorizes or directs. Non-exempt employees directed to work overtime
must do so. Working overtime without advance approval is grounds for discipline.
8.5 Compensatory Time Off – A non-exempt employee, for the purposes of the Fair Labor
Standards Act, may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for
overtime worked.
(a) Accrual Rate – CTO accrues at the rate of 1.5 hours for each hour worked
over 40 hours of actual work in the employee's work week. CTO cannot
be accumulated in excess of 80 hours at any given time.
(b) Employee Request to Use CTO – The City will grant an employee’s
request to use accumulated CTO provided that: (1) the department can
accommodate the use of CTO on the day requested without undue
disruption; and (2) the employee makes the request in writing to the
supervisor no later than five days prior to the date requested. If the
employee does not provide five days’ notice, or if the department cannot
accommodate the time off, the City may provide the employee the
opportunity to cash out the CTO requested at the end of the current pay
period.
(c) City Cash Out – The City reserves the right to cash out accumulated CTO
at any time.
8.6 Employee Cash Out – During employment, CTO is cashed out at the employee’s current
FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees
separating from City service shall be compensated for all accrued, unused compensatory hours at
the current FLSA regular rate of pay, or the average regular rate for the prior three years,
whichever is higher.
7.a
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SECTION 9 PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees – Prior to the completion of six
months and 12 months during the probationary period, the department head shall furnish the
Personnel Officer with a performance evaluation as to the progress of the probationary
employee, a copy of which shall also be furnished to the employee.
(a) The preparation of the six and 12 month performance evaluations shall be
mandatory.
(b) Prior to the completion of three months and nine months during the probationary
period, the department head may furnish the Personnel Officer or designee with a
performance evaluation as to the progress of the probationary employee, a copy of
which shall also be furnished to the employee. The preparation of the three and
nine month performance evaluations shall be optional.
9.2 Performance Evaluations for Regular Employees – Performance evaluations for a regular
employee shall be prepared at the time of the employee's salary anniversary dates, provided that
the employee may, in addition, be given a report of performance at any other time during the
year upon his/her own request and/or at the discretion of the Department Head.
9.3 Special Evaluations – Department Heads are authorized to evaluate a subordinate’s
performance as often as he/she deems appropriate.
9.4 Authority – The Personnel Officer shall determine the appropriate supervisor to prepare
the performance evaluation of an employee. The Department Head shall review and approve all
performance evaluations of subordinates in his/her department. The City Manager shall review
and approve all performance evaluations of Department Heads or any other employees under
his/her supervision.
9.5 Performance Evaluation Meeting – Each performance evaluation shall be discussed with
the employee. The employee shall sign the evaluation to acknowledge its contents. Such
signature shall not necessarily mean he/she fully endorses the contents of said evaluation.
9.6 No Appeal Right – An employee does not have the right to appeal any matter relating to a
performance evaluation. Instead, the employee may comment on the evaluation in a written
statement which will then be placed with the evaluation in the employee’s personnel file. The
written statement must be submitted within 10 calendar days after the employee receives the
evaluation.
7.a
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SECTION 10 VACATION LEAVE AND HOLIDAYS
10.1 Scheduling of Vacation Leave – An employee may take vacation leave at any time during
the year, subject to approval by the employee’s Department Head based on a determination that
such absence will not adversely affect the City. Each employee must consider the needs of the
City when requesting vacation leave. An employee shall provide a minimum of one week’s
written advance notice, unless waived by the Department Head, when requesting vacation time
off.
10.2 Unused Vacation Leave Upon Separation – Any employee terminating from the City
service who has accrued vacation leave shall be paid for all accrued vacation at termination at
his/her rate of pay at the time of separation. No leave credit will be earned on such payments.
10.3 Effect of Holiday on Vacation Leave – In the event one or more authorized holidays fall
within a vacation leave, such holiday shall not be charged as vacation leave, and the vacation
may be extended accordingly.
10.4 Floating Holidays – City Hall employees entitled to holidays shall receive two floating
holidays per calendar year. Child Care employees entitled to holidays shall receive three floating
holidays per calendar year.
(a) Floating holidays must be used by the end of the corresponding calendar year.
Any time not used will be cashed out on the last pay period of the calendar year.
(b) Floating holidays may be used in conjunction with any designated holiday subject
to advanced approval by the Department Head.
10.5 Holiday Pay – Employees entitled to holidays shall be paid the equivalent of the
employee’s one work day of compensation for the holiday and floating holiday. If a non-exempt
employee is required to work on a holiday, the employee shall be paid overtime for time worked
on the holiday.
7.a
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SECTION 11 SICK LEAVE
11.1 Definition of Sick Leave – Sick leave is leave from duty which may be granted by the
City to an employee because of the employee’s own illness, injury, exposure to contagious
disease; or for an illness or injury of a member of the employee’s immediate family requiring the
employee’s attendance; and for medical, dental and optical appointments to the extent that such
appointments cannot be scheduled outside the work day.
(a) An employee's immediate family member shall include the employee's: spouse;
domestic partner; children; or mother or father.
11.2 Sick Leave Use
(a) An employee may be granted sick leave only in case of actual sickness as
defined above. Only one half of the employee's yearly accrued sick leave may
be used because of the illness of an immediate family member. In the event
that an employee or a member of the employee's immediate family recovers
from any such sickness after being granted sick leave, and during the regularly
scheduled hours of work, then such employee shall notify the appropriate
immediate supervisor and be available to return to duty.
(b) In order to apply for sick leave use, an employee shall notify the appropriate
immediate supervisor within one hour before the time established as the
beginning of the employee's work day; unless the City determines that the
employee's duties require more restrictive reporting. Failure to do so without
good reason may result in that day of absence being treated as leave of absence
without pay.
(c) If the employee is absent on sick leave for more than one day the employee
must keep the immediate supervisor informed as to the date the employee
expects to return to work.
(d) Sick leave will not be granted to any employee absent from duty as a result of
any sickness, injury or disability purposely self-inflicted or caused by willful
misconduct.
(e) Sick leave will not be granted to any employee absent from duty after
separation from City service, or during a City authorized leave of absence
without pay, or any other absence from duty not authorized by the City.
(f) Sick leave will not be granted to any employee to permit an extension of the
employee's vacation.
(g) Sick leave will not be granted to any employee during the first six full calendar
months of the employee's employment. However, on the successful
completion of six months of employment, the employee will be credited with
sick leave that would otherwise have been accrued during those six months as
provided in this policy.
7.a
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(h) The City may require a physician's certification at any time regarding the
sickness or injury of the employee or their immediate family member and the
date of the employee's intended return to work.
(i) Employees will not be permitted to use vacation in lieu of sick leave unless
approved by the Personnel Officer.
(j) Supervisors have the discretion to place employees on sick leave when, in the
judgment of the supervisor, the presence of the employee at work would
endanger the health and welfare of other employees, the public, or where the
illness or injury of the employee interferes with the performance of such
employee's duties.
11.3 Abuse of Sick Leave – An employee is subject to disciplinary action for abuse of sick
leave. Abuse of sick is a claim of entitlement to sick leave when the employee does not meet the
requirements and definition of sick leave as set forth above.
11.4 Excessive Use of Sick Leave – Unprotected sick leave is leave which is not used in
connection with FMLA/CFRA leave, leave due to a reasonable accommodation for a disability,
or any other leave that is protected under the law.
(a) Excessive use of unprotected sick leave, tardiness, and failing to use the call-in
procedures when absent or tardy, can negatively impact the employee’s job
performance and may be considered in establishing the employee’s performance
evaluation rating.
(b) Factors that will be considered in determining whether use of sick leave is
excessive include, but are not limited to, whether the employee has exhausted
his/her sick leave, whether the leave taken is protected under the law, whether the
employee has a disability, whether absenteeism is limited to a finite time period or
whether it continues over time, the basis for the absenteeism and the significance
of the impact on the performance of the employee’s job or of the job of others.
11.5 Return to Work from Sick Leave – Employees on sick leave may be required to provide a
physician's certification certifying fitness for duty prior to returning to work. The City shall
comply with requirements of the Fair Employment and Housing Act (FEHA). If upon return
from leave an employee is unable to perform the essential functions of her job because of a
physical or mental disability, the City will initiate an interactive process with the employee in
order to identify potential reasonable accommodations, and/or require the employee to undergo
at City expense a medical evaluation of fitness for duty.
7.a
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SECTION 12 OTHER LEAVES
12.1 Work Related Court Appearances – An employee who is subpoenaed to appear in court
in a matter regarding an event or transaction in the course of his or her City job duties will do so
without loss of compensation. The time spent will be considered work time. The City shall
determine whether the matter is in regards to an event or transaction in the course of the
employee’s City job duties.
12.2 Other Court Appearances - An employee subpoenaed to appear in court in a matter
unrelated to his or her City job duties or because of civil or administrative proceedings that he or
she initiated does not receive compensation for time spent related to those proceedings. An
employee may request to receive time off without pay, or may use any accrued leave other than
sick leave for time spent related to those proceedings. The time spent in these proceedings is not
considered work time.
12.3 Jury Duty Leave - An employee who is summoned to serve on a jury must notify his or her
supervisor or department head as soon as possible after receiving notice of both possible and
actual jury service in order to receive time off for the period of actual service required.
Employees will receive their regular salary for up to a maximum of 10 working days. Regular
salary means full pay for the employee’s regularly scheduled work hours, which the employee
would have received had he or she not been summoned for jury service. Employees must submit
to the City any fees received from the Court for jury service time in which the City paid the
employee their regular salary. The time spent on jury duty is not work time for purposes of
calculating overtime compensation.
(a) Employees must report to their supervisors if they are unable to attend jury service
due to illness or any other reason. If an employee does not report to work or jury service
during a regularly scheduled work shift, the employee will not be paid unless covered by
sick, vacation, or other paid leave.
(b) If any employee is released from jury service prior to the end of his/her scheduled
work hours, the employee must report to work unless otherwise authorized by his/her
supervisor.
12.4 Military Leave – Military leave shall be granted in accordance with the provisions of
state and federal law. An employee requesting leave for this purpose shall provide the
Department Head with a copy of the military orders specifying the dates, site and purpose of the
activity or mission. Within the limits of such orders, the Department Head may determine when
the leave is to be taken and may modify the employee’s work schedule to accommodate the
request for leave.
12.5 Paid Administrative Leave – The City has the right to place an employee on leave at any
time with full pay. An employee may be placed on administrative leave pending investigation of
misconduct, potential disciplinary action, or other reasons that the Personnel Officer, in his/her
discretion, believe warrant such leave. The employee does not have a right to appeal the
decision to be placed on administrative leave with pay.
7.a
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12.6 Leave of Absence Without Pay – Upon the request of the employee and the
recommendation of the Department Head, leave of absence without pay may be granted by the
Personnel Officer to an employee who has completed at least one year of continuous
employment prior to the effective date of the leave.
(a) Unless required by law, an employee is not entitled to a leave of absence as a
matter of right.
(b) Request for leave of absence without pay shall state specifically the reason for the
request, the date when the employee desires to begin the leave, and the probable
date of return.
(c) Failure of the employee to return to his or her employment upon the termination
of any authorized leave of absence will, except under extraordinary
circumstances, constitute the employee’s separation from City employment.
(d) Leave of absence without pay is not a break in service or employment, and rights
accrued at the time the leave is granted are retained by the employee.
(e) Unless required by law, vacation leave credits, sick leave credits, increases in
salary, all other paid leaves, holidays and fringe benefits and other similar benefits
shall not accrue to a person granted such leave during the period of absence. Nor
is the City required to maintain contributions toward group insurance or
retirement coverage for the employee on such leave.
(f) During the period of such leave, all service and leave credits shall be retained at
the levels existing as of the effective date of the leave. The employee shall be
reinstated to his or her former position or to a comparable one if available.
7.a
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SECTION 13 FAMILY AND MEDICAL CARE LEAVE
13.1 – To the extent not already provided for under current leave policies and provisions, the
City will provide family and medical care leave for eligible employees as required by State and
Federal law. The manner in which such leave is requested, utilized and monitored shall be
governed by applicable state and federal laws and regulations. Unless otherwise provided by this
article, “Leave” under this article shall mean leave pursuant to the FMLA and CFRA.
7.a
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SECTION 14 PREGNANCY DISABILITY LEAVE
14.1 – To the extent not already provided for under current leave policies and provisions, the
City will provide an employee who is disabled because of pregnancy, childbirth, or a related
medical condition is leave time as required by State and Federal law. The manner in which such
leave is requested, utilized and monitored shall be governed by applicable state and federal laws
and regulations.
7.a
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SECTION 15 RESIGNATION, LAYOFFS AND FURLOUGHS
15.1 Types of Separation – All separations of employees from positions in City employment
shall be designated as one of the following types:
(b) Resignation;
(c) Layoff;
(d) Death;
(e) Retirement; and
(f) Dismissal.
15.2 Resignation – An employee who wishes to resign his/her City employment in good
standing must submit the resignation to the Personnel Officer at least two weeks prior to the
planned separation date. Failure to follow the aforementioned procedure may be cause for
denying future employment with the City. A resignation becomes final when received by the
Personnel Officer, and becomes effective on the date stated in the resignation.
15.3 Job Abandonment – An employee is deemed to have resigned if the employee is absent
for three consecutive scheduled work shifts without prior authorization and without notification
during the period of the absence.
(a) Such employee will be given an opportunity to explain the absence and failure of
notification before final action is taken.
(b) An employee separated for job abandonment will be reinstated upon proof of
justification for such absence, such as severe accident, severe illness, false arrest,
or mental or physical impairment which prevented notification.
15.4 Layoff – Whenever, in the judgment of the City Council, it becomes necessary to abolish
any position, the employee holding such position or employment may be laid off or demoted
without disciplinary action and without the right of appeal. City employees shall not have
bumping rights.
(a) Order of Layoffs – The City shall consider seniority, evaluation rating and the
needs of the City to determine the order of layoffs.
15.5 Furloughs – In the case that the City implements a work furlough for employees,
qualifying employees shall continue to receive the same level health and retirement benefits that
existed prior to the furlough.
7.a
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SECTION 16 DISCIPLINE POLICY AND PROCEDURES
16.1 Causes for Discipline – Employees may be disciplined for, including but not limited to,
any of the following causes of discipline:
a. Violation of any department rule, City policy or City regulation, ordinance or
resolution;
b. Absence without authorized leave;
c. Excessive absenteeism and/or tardiness as defined by the employee’s department
head, and/or these Policies;
d. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the City;
e. Making any false statement, omission or misrepresentation of a material fact;
f. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
g. Unsatisfactory job performance;
h. Inefficiency;
i. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited
to the following acts or omissions: the damaging of City property, equipment, or
vehicles, or the waste of City supplies through negligence or misconduct.
j. Insubordination; or insulting or demeaning the authority of a supervisor or manager;
k. Dishonesty;
l. Theft;
m. Violation of the City’s or a department’s confidentiality policies, or disclosure of
confidential City information to any unauthorized person or entity;
n. Misuse or unauthorized use of any City property, including, but not limited to:
physical property, tools, equipment, City communication systems, City vehicles or
Intellectual Property;
o. Mishandling of public funds;
p. Falsifying any City record;
q. Discourteous treatment of the public or other employees;
7.a
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r. Failure to cooperate with employee's supervisor or fellow employees;
s. Violation of the City’s Drug-Free Workplace Policy;
t. Violation of the City’s Policy Against Harassment, Discrimination and Retaliation;
u. Violation of the City’s Workplace Security Policy;
v. Unapproved outside employment or activity that violates the City’s policy, or other
enterprise that constitutes a conflict of interest with service to the City;
w. Any conduct that impairs, disrupts or causes discredit to the City, the employee's City
employment, to the public service, or other employee's employment;
x. Failure to comply with Cal-OSHA Safety Standards and City safety policies;
y. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
z. Working overtime without prior authorization or refusing to work assigned overtime;
aa. Carrying firearms or other dangerous weapons; and
bb. Violations of Title XXII (for Child Care Employees)
16.2 Types of Discipline – The following are types of discipline which the City may impose
on all employees.
(a) Oral Warning – An oral warning should include the performance the employee is
to take in the future and consequences for failure to correct the problem for which
the employee is being warned. An oral warning shall be memorialized in writing
and retained in the supervisor’s file. An oral warning may not be appealed under
this policy.
(b) Written Warning – In the event that an employee should need more than an Oral
Warning, the employee may be issued a written warning through the filing of an
Employee Warning/Incident Report. This report is placed in the employee's
personnel file and a copy given to the employee with a complete statement
regarding reason for such warning. A third warning given for the same reason
constitutes cause for dismissal. A written warning may not be appealed under this
policy.
(c) Suspension Without Pay – The City may suspend an employee from his/her
position without pay for up to 30 calendar days for cause. Documents related to a
suspension shall become part of the employee’s personnel file when the
suspension is final. An employee subject to suspension will receive prior written
notice and appeal as provided under this policy.
7.a
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(d) Demotion – The City may demote an employee from his or her position for cause.
Documents related to a demotion shall become part of the employee’s personnel
file when the demotion is final. An employee subject to demotion will be entitled
to prior written notice and appeal as provided under this policy.
(e) Reduction in Pay – The City may reduce an employee’s pay for cause. A
reduction in pay for disciplinary purposes may take one of two forms:
(1) a decrease in salary to a lower step within the salary range, or
(2) a decrease in salary paid to an employee for a fixed period of time.
Documents related to a reduction in pay shall become part of the
employee’s personnel file when the reduction in pay is final.
(3) An employee subject to a reduction in pay is entitled to prior written
notice and appeal as provided under this policy.
(f) Dismissal – The City may dismiss an employee from his or her position for cause.
Documents related to the dismissal shall become a part of an employee’s
personnel file when the dismissal is final. A dismissed employee is entitled to
prior written notice and appeal as provided under this policy.
16.3 Discipline Procedures – The following discipline procedures shall not apply to the City’s
at-will employees. The City’s at-will positions are referenced in City of Grand Terrace
Municipal Code Section 2.24.020. In addition, all probationary employees are at-will.
Accordingly, at-will employees may be terminated or otherwise disciplined without cause.
(a) The following discipline procedure shall only apply in the case of a disciplinary
action of suspension without pay of more than three days, demotion, reduction in
pay, or dismissal.
(1) Disciplinary “Skelly” Notice to Employee – Written notice of the intended action
shall be given to the employee setting forth the following information:
(a) Grounds for discipline;
(b) Act or omission giving rise to intended discipline;
(c) Effective date for intended discipline;
(d) All documents or records considered in recommending the
intended discipline;
(e) The time and date by which the employee can respond; and
(f) Notice that failure to respond at the time specified shall constitute
a waiver of the right to respond prior to final discipline being
imposed.
7.a
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(2) Response by Employee and Skelly Meeting – If the employee requests a
Skelly meeting to respond orally to the charge(s), the designated Skelly
officer shall conduct an informal meeting with the employee, at which the
employee has an opportunity to rebut the charges against him or her and
present any mitigating circumstances. The Skelly officer will consider the
employee’s presentation before any final disciplinary action.
(3) Final Notice of Discipline to Employee – In the case of disciplinary action
of suspension without pay of more than three days, demotion, reduction in
pay or dismissal, within five working days, the Skelly officer shall review
the information which formed the basis for the action and the employee's
response. The Skelly officer shall issue a final notice affirming, modifying
or rejecting the intended discipline.
(a) If the final notice imposes discipline it shall set forth the following:
level of discipline to be imposed and the effective date of the
discipline;
(b) the specific charges upon which the discipline is based, including
the act or omission giving rise to the discipline;
(c) all documents or records upon which the discipline is based; and a
statement of the nature of the employee’s right to appeal.
(4) The final notice shall be sent by mail method that verifies delivery to the
last known address of the employee, or delivered to the employee in
person.
(a) It shall be the responsibility of the employee to inform the City of
his/her address.
(b) If the notice is not deliverable because the employee has moved
without notifying the City or the employee refuses to accept
delivery, the effective date of discipline shall be the date the post
office attempted delivery.
(b) Discipline Appeal Procedures – The following discipline appeal procedures
shall not apply to the City’s at-will employees. The City’s at-will positions are
defined in the City of Grand Terrace Municipal Code Section 2.24.
Accordingly, at-will employees may be terminated without cause.
(1) The following discipline appeal procedure shall only apply in the case of a
disciplinary action of suspension without pay of more than three days,
demotion, reduction in pay or dismissal.
(a) Request for Appeal Hearing – An employee who receives a final
notice of discipline shall have five working days from receipt of
the notice or attempted delivery by the post office of the notice to
7.a
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the last known address of the employee, to file with the Personnel
Officer a written request for an appeal hearing. If the employee
fails to file a written request for an appeal hearing within the
aforementioned time frame, the employee will have waived his/her
right to an appeal hearing and appeal of the discipline.
(b) Hearing Officer – The appeal hearing officer shall be the City
Manager or a designated hearing officer by the City Manager. The
City Manager shall determine who will serve as the hearing
officer.
(a) In cases where the City Manager must serve as the Skelly
officer, the City Manager shall not be the appeal hearing
officer. Nor in such case shall the City Manager participate in
the designation of the hearing officer. In such cases, the City
Council shall hear the appeal or designate a hearing officer to
hear the appeal on its behalf. The City Council shall determine
who will serve as the hearing officer.
(c) Hearing Date – After the selection of a hearing officer, a date shall
be selected by the Personnel Officer for the hearing. The
employee shall be notified in writing at least 10 working days prior
to the hearing of the scheduled date.
(d) Prehearing Notice of Witnesses – Five working days prior to a
hearing, each party shall identify to the opposing party all
witnesses and documents which the party disclosing the
information intends to use at the hearing. Failure to disclose a
witness or document shall require its exclusion from the hearing.
(e) Hearing Closed – The hearing shall be a closed hearing unless the
employee requests in writing five working days prior to the hearing
that the hearing be open to the public.
(f) Record of Hearing – The hearing shall be recorded, either
electronically or by a court reporter, at the option of the City. If
the employee requests a court reporter, the employee shall pay the
cost of the reporter. Any party who requests a transcript of the
proceedings must pay for his/her/its own copy of the transcript.
(g) Subpoenas – Upon the request of either party, and upon his/her
own motion, the hearing officer shall have the power to issue
subpoenas to compel attendance at any hearing held under this
rule. Each party is responsible for serving his/her own subpoenas.
City employees who are subpoenaed to testify during working
hours will be released with pay to appear at the hearing. City
employees who are subpoenaed to testify during non-working
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hours will be compensated for the time they actually testify and for
which they are engaged to wait to testify.
(h) Employee Appearance – The employee shall appear personally
before the hearing officer at the time and place set for the hearing.
The employee may be represented by any person he or she may
select.
(2) Conduct at the Hearing
(a) All testimony shall be by oath or affirmation.
(b) The conduct and decorum of the hearing shall be under the control
of the hearing officer. No party or representative shall by written
submission or oral presentation disparage the intelligence, integrity
or personal behavior of their adversaries or the hearing officer.
(c) Direct and cross-examination of witnesses shall be permitted.
(d) Hearings need not be conducted according to technical rules
relating to evidence and witnesses, but hearings shall be conducted
in a manner most conducive to determining the truth.
(e) The quantum of proof to be applied by the hearing officer shall be
a preponderance of the evidence.
(f) The hearing officer shall not have the power to alter, amend,
change, add to, or subtract from any of the terms of these rules or
City Council resolution bearing upon the matter.
(3) Decision – Within 45 days of the conclusion of the hearing, the hearing
officer shall make findings and a recommended decision with reference to
the discipline imposed. In doing so, the hearing officer’s findings and
recommendations must address all charges, and shall articulate reasoning
which bridges the analytical gap between the evidence and the
findings/recommendations.
(a) If the City Manager, or City Council where the City Manager is
not conducting the appeal, did not serve as the hearing officer,
he/she/it shall review the findings and recommendations of the
designated hearing officer and may then affirm, revoke, or modify
the findings, recommendations, or disciplinary action taken.
(b) The decision of the City Manager/City Council is final except for
judicial review pursuant to Code of Civil Procedure §1094.5.
There is no process for reconsideration.
(c) A copy of the decision shall be sent by mail method that verifies
delivery to the last known address of the employee. It shall be the
7.a
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responsibility of the employee to inform the City of his/her
address. A copy of the decision shall also be provided to the
Personnel Officer.
(d) Challenge by Writ – Pursuant to Code of Civil Procedure section
1094.6, the parties have 90 days from the date of the proof of
service of mailing of the written findings and decision to appeal
the City’s decision on the appeal to the Superior Court in and for
the County of San Bernardino.
7.a
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SECTION 17 GRIEVANCE PROCEDURE
17.1 A grievance is an alleged violation of a specific provision of these rules and regulations.
The following grievance procedure shall apply to all City employees, except in instances where
the discipline policy and procedures apply. The grievance procedure shall not be utilized to
challenge a performance evaluation.
17.2 Step I: Informal Resolution with Supervisor – The employee shall, within ten working
days of the event or action being grieved, first attempt to resolve the grievance informally
through discussion with his/her immediate supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-supervisor level. The immediate
supervisor shall provide a written response to the grievance within five working days of the
employee having initiated the grievance.
17.3 Step II: Department Head – If the employee believes that the grievance has not been
resolved through Step I, or the immediate supervisor does not provide a response within the
period set forth in 17.2 above, the employee may file written grievance with his/her Department
Head. Such appeal must be filed within 10 working days of the response provided by the
supervisor or, in the absence of such response, within ten working days of the expiration of the
time within which the supervisor is to have providee a response as set forth in 17. The grievance
must provide the specific rule(s) alleged to have been violated, a description of the facts upon
which the grievance is based and must be signed by the grievant. The Department Head shall
consider and discuss the grievance with the grievant and the grievant’s designated representative
as he/she deems appropriate, and shall, within 10 working days of receipt of the written
grievance, submit his/her decision in writing to the grievant.
17.4 Step III: Personnel Officer – If the employee believes that the grievance has not been
resolved through Step II, the employee may appeal the grievance decision of the department
head with the Personnel Officer within ten working days of the Department Head response or, in
the absence of such response, within ten working days of the expiration of the time within which
the Department head is to have provided a response. The appeal must be in writing and provide
the specific rule(s) alleged to have been violated, a description of the facts upon which the
grievance is based and must be signed by the grievant. The Personnel Officer shall consider and
discuss the grievance with the grievant and the grievant’s designated representative as he/she
deems appropriate, and shall, within ten calendar days of receipt of the written grievance, submit
his/her decision in writing to the grievant. The decision of the Personnel Officer shall be final.
17.5 Time Limits – Failure of the City to comply with the time limits of the grievance
procedure specified above shall entitle the grievant to appeal to the next level of review. Failure
of the grievant to comply with the time limits of the grievance procedure specified above shall
constitute abandonment of the grievance. The parties may extend time limits by mutual written
agreement in advance of the time limit deadline.
7.a
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SECTION 18 PERSONNEL FILE
18.1 The City maintains a personnel file on each employee. An employee’s personnel file will
contain only material that is necessary and relevant to the administration of the City’s personnel
program. Personnel files are the property of the City, and access to the information they contain
is restricted.
18.2 Notification of Changes in Personal Information – Each employee is responsible to
promptly notify the Personnel Officer of any changes in relevant personal information, including
but not limited to:
(a) Mailing address
(b) Telephone number
(c) Persons to contact in emergency
(d) Number and names of dependents
18.3 Medical Information
(a) Separate Confidential Files – All medical information about an employee or
applicant is kept separately and is treated as confidential, in accordance with
applicable state or federal law.
(b) Information in Medical Files – The City will not obtain medical information about
an employee or applicant except in compliance with the California Confidentiality
of Medical Information Act. To enable the City to obtain certain medical
information, the employee or applicant may need to sign an AUTHORIZATION
FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION.
(c) Access to Medical Information – Access to employee or applicant medical
information shall be strictly limited to only those with a legitimate need to have
such information for City business reasons, or if access is required by law,
subpoena or court order. In the case of an employee with a disability, managers
and supervisors may be informed regarding necessary restrictions on the work or
duties of the employee and necessary accommodations.
(d) The City will not provide employee or applicant medical information to a third
party (except as permitted under the California Confidentiality of Medical
Information Act) unless the employee signs an AUTHORIZATION FOR
RELEASE OF EMPLOYEE MEDICAL INFORMATION in the form attached to
this rule. The City will release only the medical information that is identified in
the employee’s authorization. If the employee’s authorization indicates any
limitations regarding the use of the medical information, the City will
communicate those limitations to the person or entity to which it discloses the
medical information.
7.a
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18.4 References and Release of Information in Personnel Files
(a) Public Information – Upon request, the City will release to the public, information
about its employees as required by the Public Records Act. The City will not
disclose personnel information if it believes doing so would constitute an
unwarranted invasion of personal privacy.
(b) Reference Checks – All requests from outside the City for reference checks or
verification of employment concerning any current or former employee must be
referred to the Personnel Officer.
(1) Information will be released only if the employee signs an
AUTHORIZATION FOR RELEASE OF EMPLOYMENT
INFORMATION in the form attached to this rule, except that without
such authorization, the following limited information will be provided:
dates of employment, and salary upon departure.
(2) Department heads and supervisors should not provide information in
response to requests for reference checks or verification of employment,
unless specifically approved by the Personnel Officer on a case-by-case
basis.
18.5 Employee Access to Personnel File
(a) Inspection of File –An employee may inspect his or her own personnel file, at reasonable
times and at reasonable intervals. An employee who wishes to review his or her file
should contact the Personnel Officer to arrange an appointment. The review must be
done in the presence of the Personnel Officer or designee.
(b) Copies – On request, an employee is entitled to receive a copy of any employment-
related document he or she has signed. An employee who wishes to receive such a copy
should contact the Personnel Officer. The City may charge a reasonable fee for the
copies.
(c) In the event the employee wishes to have another person/representative inspect his or her
personnel file, the employee must provide the person/representative with written
authorization. The Personnel Officer will notify the employee of the date, time and place
of the inspection in writing. It is the employee’s responsibility to notify the person to
whom the employee has given written authorization of the date, time and place of the
inspection.
(d) Under no circumstances is the employee and/or the employee’s designee permitted to add
or remove any document or other item from the employee’s personnel file during the
inspection.
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SECTION 19 OUTSIDE EMPLOYMENT
19.1 A City employee shall not engage in any employment, enterprise, or outside activity
which is in conflict with his/her duties, functions, responsibilities, or the department by which
he/she is employed, nor shall an employee engage in any compensatory outside activity which
will directly, or indirectly, contribute to the lessening of his/her effectiveness as a City employee.
19.2 Authorization
(a) Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the Department Head of such desire, providing
information as to the time required and the nature of such activity, and such other
information as may be required; and the Personnel Officer shall determine
whether or not such activity is compatible with the employee's City employment.
(b) If the Personnel Officer determines such activity is compatible, he/she may
authorize the activity in writing using the "Outside Employment Form" to be
placed in the personnel file.
(c) Said authorization shall be valid only up to one year for the work prescribed
therein, and may include conditions or restrictions for such employment. After
such time, the employee must renew the request for authorization.
19.3 Determination of Inconsistent Activities
(a) In making a determination as to the consistency or inconsistency of outside
activities, the Personnel Officer shall consider, among other pertinent factors
whether the activity:
(i) Involves the use for private gain or advantage of City time, facilities,
equipment, and supplies, or the badge, uniform, prestige, or influence of
one's City office or employment;
(ii) Involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course of his/her City employment;
(iii) Involves the performance of an act in other than his/her capacity as a City
employee which act may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement by such employee or the
department by which he/she is employed; and
(iv) Involves conditions or factors which would probably directly or indirectly
lessen the efficiency of the employee in his/her regular City employment
or conditions in which there is a substantial danger of injury or illness to
the employee.
7.a
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19.4 Revocation
Authorization may be granted for up to one year as noted in the authorization, and is
subject to revocation by the Personnel Officer.
19.5 Appeal – Denial or revocation of permission to engage in Outside Employment is subject
to appeal pursuant to the grievance procedure set forth in these regulations.
19.6 Use of City Equipment Prohibited
(a) No City owned equipment, autos, trucks, instruments, tools, supplies, machines,
or any other item which is the property of the City shall be used by an employee
while said employee is engaged in any outside employment or activity for
compensation, for personal use, except upon prior written approval of the City
Manager.
(b) No employee shall allow any unauthorized person to rent, borrow, or use any of
the items mentioned in (a) above, except upon prior written approval of the City
Manager.
19.7 Violations and Penalties
Any violation of the provisions herein contained respecting outside employment or activity and
use of City property shall constitute sufficient grounds for disciplinary action, including
termination of the employee from the City service.
7.a
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SECTION 20 DISCRIMINATION, HARASSMENT AND RETALIATION POLICY
20.1 The purpose of this policy is to establish a strong commitment to prohibit and prevent
discrimination, harassment, and retaliation in employment; to define those terms; and to establish
a procedure for investigating and resolving internal complaints. The City requires all covered
individuals to report-as soon as possible-any conduct that is believed to violate this policy.
20.2 The City has zero tolerance for any conduct that violates this policy. Conduct need not
arise to the level of a violation of law to violate this policy. Instead a single act can violate this
policy and provide grounds for discipline or other appropriate sanctions.
20.3 Harassment or discrimination against an applicant or employee by a supervisor,
management employee, elected or appointed official, co-worker, member of the public, or
contractor on the basis of race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical
condition, genetic information, sexual orientation, veteran status or any other basis protected by
law as defined below, will not be tolerated.
20.4 This policy applies to all terms and conditions of employment, including, but not limited
to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence,
compensation, and training.
20.5 Disciplinary action or other appropriate sanction up to and including termination will be
instituted for prohibited behavior as defined below.
20.6 Any retaliation against a person for filing a complaint or participating in the complaint
resolution process is prohibited. Individuals found to be retaliating in violation of this policy
will be subject to appropriate sanction or disciplinary action up to and including termination.
20.7 Definitions
(a) Protected Classification – This policy prohibits harassment or discrimination
because of an individual's protected classification. "Protected Classification"
includes race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or mental
disability, medical condition, genetic information, sexual orientation, veteran
status or any other basis protected by law.
(b) Policy Coverage – This policy prohibits the employer, elected or appointed
officials, officers, employees or contractors from harassing or discriminating
against applicants, officers, officials, employees, or contractors because of: 1)
an individual's protected classification; 2) the perception that an individual has
a protected classification; or 3) the individual associates with a person who has
or is perceived to have a protected classification.
(c) Discrimination – This policy prohibits treating individuals differently because
of the individual's protected classification as defined in this policy.
7.a
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(d) Harassment – Harassment may include, but is not limited to, the following
types of behavior that is taken because of a person's protected classification.
Note that harassment is not limited to conduct that City employees take. Under
certain circumstances, harassment can also include conduct taken by those who
are not employees, such as elected officials, appointed officials, persons
providing services under contracts, or even members of the public:
(1) Speech, such as epithets, derogatory comments or slurs, and
propositioning on the basis of a protected classification. This might
include inappropriate comments on appearance, including dress or
physical features, or dress consistent with gender identification, or race-
oriented stories and jokes.
(2) Physical acts, such as assault, impeding or blocking movement, offensive
touching, or any physical interference with normal work or movement.
This includes pinching, grabbing, patting, propositioning, leering, or
making explicit or implied job threats or promises in return for submission
to physical acts.
(3) Visual acts, such as derogatory posters, cartoons, emails, pictures or
drawings related to a protected classification.
(4) Unwanted sexual advances, requests for sexual favors and other acts of a
sexual nature, where submission is made a term or condition of
employment, where submission to or rejection of the conduct is used as
the basis for employment decisions, or where the conduct is intended to or
actually does unreasonably interfere with an individual's work
performance or create an intimidating, hostile, or offensive working
environment.
(e) Guidelines for Identifying Harassment – To help clarify what constitutes
harassment in violation of this policy, use the following guidelines:
(1) Harassment includes any conduct which would be "unwelcome" to an
individual of the recipient's same protected classification and which is
taken because of the recipient's protected classification.
(2) It is no defense that the recipient appears to have voluntarily "consented"
to the conduct at issue. A recipient may not protest for many legitimate
reasons, including the need to avoid being insubordinate or to avoid being
ostracized.
(3) Simply because no one has complained about a joke, gesture, picture,
physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be
tolerated up to a point. The fact that no one is complaining now does not
preclude anyone from complaining if the conduct is repeated in the future.
7.a
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(4) Even visual, verbal, or physical conduct between two employees who
appear to welcome the conduct can constitute harassment of a third
applicant, officer, official, employee, or contractor who observes the
conduct or learns about the conduct later. Conduct can constitute
harassment even if it is not explicitly or specifically directed at an
individual.
(5) Conduct can constitute harassment in violation of this policy even if the
individual engaging in the conduct has no intention to harass. Even well-
intentioned conduct can violate this policy if the conduct is directed at, or
implicates a protected classification, and if an individual of the recipient's
same protected classification would find it offensive (e.g., gifts, over
attention, endearing nicknames).
(f) Retaliation – Any adverse conduct taken because an applicant, employee, or
contractor has reported harassment or discrimination, or has participated in the
complaint and investigation process described herein, is prohibited. "Adverse
conduct" includes but is not limited to: taking sides because an individual has
reported harassment or discrimination, spreading rumors about a complaint,
shunning and avoiding an individual who reports harassment or discrimination,
or real or implied threats of intimidation to prevent an individual from
reporting harassment or discrimination. The following individuals are
protected from retaliation: those who make good faith reports of harassment or
discrimination, and those who associate with an individual who is involved in
reporting harassment or discrimination or who participates in the complaint or
investigation process.
20.8 Actions to be Taken Upon Learning of Possible Harassment or Discrimination
(a) Upon becoming aware of possible harassment or discrimination, any supervisor or
manager shall immediately:
(1) Take steps to ensure that the complained of conduct ceases and does not
recur.
(2) Report the possible harassment or discrimination through the chain of
command to the Personnel Officer for further investigation and action as
may be appropriate.
(b) Upon receiving notification of a harassment or discrimination complaint, the
Personnel Officer shall:
(1) Authorize and supervise the investigation of the complaint and/or
investigate the complaint. The investigation will include interviews with:
1) the complainant; 2) the accused harasser; and 3) other persons who
have relevant knowledge concerning the allegations in the complaint.
(2) Review the factual information gathered through the investigation to
determine whether the alleged conduct constitutes a violation of this
7.a
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policy or of state or federal law, giving consideration to all factual
information, the totality of the circumstances, including the nature of the
conduct, and the context in which the alleged incidents occurred.
(3) Report a summary of the determination as to whether a violation occurred
to appropriate persons, including the complainant, the alleged violator, the
supervisor, and the department head. If discipline is imposed, the level of
discipline will not be communicated to the complainant.
(4) If conduct in violation of this policy occurred, take or recommend to the
appointing authority prompt and effective remedial action. The remedial
action will be commensurate with the severity of the offense.
(5) Take reasonable steps to protect the complainant from further harassment,
discrimination, or retaliation.
(6) Take reasonable steps to protect the complainant from retaliation as a
result of communicating the complaint.
(c) The City takes a proactive approach to potential policy violations and will
conduct an investigation if its supervisors, or managers become aware that
harassment, discrimination, or retaliation may be occurring, regardless of whether the
recipient or third party reports a potential violation.
(d) Option to Report to Outside Administrative Agencies – An individual has the
option to report harassment, discrimination, or retaliation to the U.S. Equal
Employment Opportunity Commission (EEOC) or the California Department of Fair
Employment and Housing (DFEH). These administrative agencies offer legal
remedies and a complaint process. The nearest offices are listed in the government
section of the telephone book or employees can check the posters that are located on
City bulletin boards for office locations and telephone numbers.
20.9 Confidentiality – Every possible effort will be made to assure the confidentiality of
complaints made under this policy. Complete confidentiality cannot occur, however, due to the
need to fully investigate and the duty to take effective remedial action. As a result,
confidentiality will be maintained to the extent possible.
(a) An individual who is interviewed during the course of an investigation is
prohibited from discussing the substance of the interview, except as otherwise
directed by the Personnel Officer.
(b) Any individual who discusses the content of an investigatory interview will be
subject to discipline or other appropriate sanction.
(c) The City will not disclose a completed investigation report except as it deems
necessary to support a disciplinary action, to take remedial action, to defend itself
in adversarial proceedings, or to comply with the law or court order.
7.a
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20.10 Responsibilities
(a) (Managers and Supervisors – All City managers and supervisors are responsible
for:
(1) Informing employees of this policy.
(2) Modeling appropriate behavior.
(3) Taking all steps necessary to prevent harassment, discrimination, or
retaliation from occurring.
(4) Receiving complaints in a fair and serious manner, and documenting steps
taken to resolve complaints.
(5) Monitoring the work environment and taking immediate appropriate
action to stop potential violations, such as removing inappropriate pictures
or correcting inappropriate language.
(6) Following up with those who have complained to ensure that the behavior
has stopped and that there are no reprisals.
(7) Informing those who complain of harassment or discrimination of his or
her option to contact the EEOC or DFEH regarding alleged policy
violations.
(8) Assisting, advising, or consulting with employees and the Personnel
Officer regarding this policy and complaint procedure.
(9) Assisting in the investigation of complaints involving employee(s) in their
departments and, if the complaint is substantiated, recommending
appropriate corrective or disciplinary action in accordance with these
rules, up to and including discharge.
(10) Implementing appropriate disciplinary and remedial actions.
(11) Reporting potential violations of this policy of which he or she becomes
aware, regardless of whether a complaint has been submitted, to the
Personnel Officer or department head.
(12) Participating in periodic training and scheduling employees for training.
(b) Employees – Each employee or contractor is responsible for:
(1) Treating all employees and contractors with respect and consideration.
(2) Modeling appropriate behavior.
(3) Participating in periodic training.
7.a
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(4) Fully cooperating with the City's investigations by responding fully and
truthfully to all questions posed during the investigation.
(5) Maintaining the confidentiality of any investigation that the employer
conducts by not disclosing the substance of any investigatory interview,
except as directed by the Personnel Officer.
(6) Reporting any act he or she believes in good faith constitutes harassment,
discrimination, or retaliation as defined in this policy, to his or her
immediate supervisor, or department head, or Personnel Officer.
20.11 Dissemination of Policy – All employees shall receive a copy of this policy when they
are hired. The policy may be updated from time to time and redistributed.
7.a
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SECTION 21 POLITICAL ACTIVITY POLICY
21.1 The City recognizes the importance of citizens being involved in the political and
government process and being informed on public issues and candidates for public office.
However, federal, state, and local law determines what is legal versus illegal political activity.
21.2 This policy applies to all City employees including the City Manager, department heads
and supervisors. Other City representatives, such as elected and appointed officials, contractors
and consultants may also be prohibited from using their official relationship with the City to
endorse or oppose political candidates or initiatives.
21.3 It is unlawful for the City or its employees to expend City funds on partisan and/or
political matters, and on other issues that are on a ballot for an election. Additionally, this policy
prohibits the use of employees’ time, City equipment and supplies, and the payment of expenses
for City officials who travel for the purpose of promoting a particular view on political matters
except those expressly supported and/or sponsored by an act of the City Council.
21.4 The City may also prohibit or limit the solicitation or receipt of political funds or
contributions to promote the passage or defeat of a ballot measure concerning working
conditions during the working hours of its officers and employees. The City also has the right to
limit entry into City offices for such purposes during working hours.
21.5 California Government Code prohibits officers and employees of the City from directly
or indirectly soliciting political funds or contributions from other officers or employees of the
City unless the solicitation is done through the mail and is part of a solicitation directed to a large
segment of the public, which may incidentally include officers from and employees of the City.
This is designed to protect employees from feeling pressured into contributing to political causes
or for fear that if they fail to do so, their job will be affected.
21.6 No City employee or official shall participate in political activities of any kind while in
uniform or other clothing issued by the City and which would reasonably identify the wearer as a
City employee.
21.7 City employees and officials are prohibited from engaging in political activity or
solicitation during working hours and on City property.
21.8 The City expects all employees and elected and appointed officials to be responsible for
adhering to the City’s policy regarding political activities. Additionally, contractors, consultants,
or others doing business for or with the City will be required to abide by the City’s policy
regarding political activities while engaged in City business or activities.
21.9 It is the responsibility of the City Manager, all Department Heads, and other supervisors
to use their best efforts to take necessary and proper steps, including corrective or disciplinary
action, to prevent improper or illegal political activities by City employees.
21.10 Any employee who feels that improper political activities are occurring on City property
is strongly encouraged to report this to his/her supervisor, department head, or the Personnel
Officer.
7.a
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21.11 In determining whether a reported political activity is improper, management will
consider the totality of circumstances, the nature of the act or behavior, and the context in which
the reported incident occurred.
21.12 Individuals found to have engaged in any form of improper or illegal political activity, as
defined by this policy or by law, will be subject to disciplinary action, according to the City’s
corrective and disciplinary procedures, which will be based on a number of factors including the
severity of the conduct and the past history of the individual’s conduct.
21.13 Questions about this policy should be directed to the Personnel Officer.
7.a
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SECTION 22 DRUG AND ALCOHOL POLICY
22.1 The City is concerned about employees being under the influence of, using and/or being
in possession of alcohol, drugs and/or controlled substances at work. The purpose of this policy
is to promote a drug and alcohol-free workplace and to eliminate substance abuse and its effects
in the workplace.
22.2 The manufacture, distribution, dispensation, possession, or use of alcohol or any
controlled substance is prohibited in both City workplaces and wherever City business is
performed.
22.3 A City employee is prohibited from working or being subject to call in if impaired by
alcohol or any controlled substance.
22.4 An employee must notify his/her Department Head before beginning work when taking
medications or drugs which the employee has been told or which the employee believes could
interfere with the safe and effective performance of duties or operation of City equipment. If
there is a question regarding an employee’s ability to perform assigned duties safely and
effectively while using prescribed or over the counter medications, the City may require medical
clearance.
22.5 Compliance with this policy is a condition of City employment. Disciplinary action will
be taken against those who violate this policy.
22.6 Employees who are required to participate in the City’s “Federally Mandated
Commercial Drivers License Holders Drug/Alcohol Testing Education Program” are subject to
requirements contained in this policy as well as the mandated policy.
22.7 Scope of Policy – This policy applies to all City employees when they are on City
property or when performing City-related business elsewhere.
22.8 Searches – In order to promote a safe, productive and efficient workplace, the City has
the right to search and inspect all City property, including but not limited to lockers, storage
areas, furniture, City vehicles, and other places under the common control of the City, or joint
control of the City, and employees. No employee has any expectation of privacy in any City
building, property, or communications system.
(a) In addition, the City may have the right to conduct searches of the persons of
employees where there is reasonable suspicion that such a search may reveal evidence germane
to an investigation of a violation of law or of these personnel regulations.
22.9 Drug and Alcohol Testing – Except as provided otherwise in a memorandum of
understanding, or as modified for employees who are required to participate in the City’s
“Federally Mandated Commercial Drivers License Holders Drug/Alcohol Testing Education
Program,” the City has discretion to test a current employee for alcohol or drugs in the following
instances:
(g) Reasonable Suspicion Testing
7.a
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(1) The City may require a blood test, urinalysis, or other drug and/or alcohol
screening of those persons reasonably suspected of using or being under
the influence of a drug or alcohol at work.
(a) Testing must be approved by the Personnel Officer.
(b) The type of testing to be completed will be determined by the City
based on the nature of the substance in question.
(2) “Reasonable suspicion” is based on objective factors, such as behavior,
speech, body odor, appearance, or other evidence of recent drug or alcohol
use which would lead a reasonable person to believe that the employee is
under the influence of drugs or alcohol at work.
(a) In order to receive authority to test, the supervisor must record the
factors that support reasonable suspicion and discuss the matter
with the Personnel Officer or Department Head.
(b) If there is a reasonable suspicion of drug or alcohol abuse at work,
the employee will be relieved from duty and placed on sick or
other paid leave until the test results are received.
(h) Post-Accident Testing – The City may require alcohol or drug screening
following any work-related accident or any violation of safety precautions or
standards, whether or not an injury resulted from the accident or violation,
provided that the “reasonable suspicion” factors described above are present.
22.10 Employee’s Responsibilities
A City employee must:
(a) Not report to work or be on standby or on-call status while his or her ability to
perform job duties is impaired due to on or off duty alcohol or drug use;
(b) Not possess or use controlled substances (illegal drugs or prescription drugs
without a prescription) at any time, or use alcohol at any time while on City
property or while on duty for the City at any location;
(c) Not directly or indirectly through a third party manufacture, sell, distribute,
dispense, or provide controlled substances to any person, including any
employee, at any time; or manufacture, sell, distribute, dispense or provide
alcohol to any employee while either or both are on duty;
(d) Notify his or her supervisor, before beginning work, when taking any
medications or drugs, prescription or nonprescription, which may interfere with
the safe and effective performance of duties or operation of City equipment;
7.a
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(e) Notify the Personnel Officer of any criminal conviction for a drug violation
that occurred in the workplace within no more than five days after such
conviction;
(f) Notify the supervisor immediately of facts or reasonable suspicions when he or
she observes behavior or other evidence that a fellow employee poses a risk to
the health and safety of the employee or others;
(g) Consent to drug or alcohol testing and searches pursuant to this policy; and
(h) Follow the City’s drug and alcohol-free workplace policy.
22.11 Management Responsibilities – City department heads and executive management
employees must:
(a) Notify the state or federal granting agency which has funded the work or
program, if any, of any criminal drug statute convictions for a violation that
occurred at a site where work is/was being done with a specific grant or
contract;
(b) Record factors supporting “reasonable suspicion” as defined above and
consult with other management staff in order to determine whether there is
reasonable suspicion to test an employee as described by this policy;
(c) Take appropriate disciplinary action up to and including termination for
any criminal drug statute conviction that has a nexus to the employee’s
employment, or require that the convicted employee participate satisfactorily in
a drug abuse assistance or rehabilitation program as a condition for returning to
duty;
(d) Take appropriate disciplinary action for any violation of this policy
consistent with existing discipline procedures;
(e) Enforce this policy;
(f) Report any suspected violation of this policy to the Personnel Officer; and
(g) Any supervisor who knowingly permits a violation of this policy by any
employee shall be subject to disciplinary action.
22.12 Drug-Free Awareness Program – The City shall notify each employee of the availability
of counseling and treatment of drug-related problems through the City’s Employee Assistance
Program provider.
7.a
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SECTION 23 USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.1 City property is to be used only for conducting City business unless otherwise authorized.
City property includes, but is not limited to: telephones, cell phones, desks, computers (including
hardware and software), file cabinets, lockers, communications stored or transmitted on City
property (such as e- and voice-mails), vehicles and any other City property used by City
employees in their work. Employees do not have a reasonable expectation of privacy in City
property or equipment.
23.2 City property may be monitored and searched at any time and for any reason. Messages
sent or received on City equipment including cell phones may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on
City property or equipment.
23.3 Every City employee is required to adhere to all City rules and policies while on City
property or using City property or equipment.
23.4 Use of City Vehicles –
(a) This policy establishes procedures regarding the effective and economical usage
of City owned pool and privately owned vehicles operated during the course of
City business. Use of City owned pool vehicles shall be relied upon as the
primary means of vehicle usage for City business, as it provides the greatest
control over operating costs, usage, maintenance, inspection and insurance.
(b) This policy has been approved by the City for use in matters regarding the use of
all vehicles operated during the course of City business. This policy does not
apply to commercial motor vehicles.
(c ) Assignment of Responsibility –
(1) The Personnel Officer shall keep a list of all employees who may be
required to drive City owned pool or privately owned vehicles on City
business.
(2) The Personnel Officer shall also be responsible for overseeing the
implementation of necessary driver training programs and ensuring that
employees who require such training are in attendance.
(3) All City employees whose duties may require them to drive in the course
and scope of employment shall promptly provide insurance and driver
license information at the time City employment is established. Employees
are to comply with all training and other reporting requirements of this
policy.
7.a
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(d) Use of City Owned Vehicles –
(1) City owned pool vehicles fall into the following three categories and have
restrictions based upon type and use:
(i) Vehicles kept overnight at City facilities and assigned for use on a
shared or designated basis during the course of daily City business.
Personal use is expressly prohibited.
(ii) Vehicles assigned to managers on a permanent basis, and used for daily
commuting to and from the City. According to the Internal Revenue
Service, commuting to and from work and any other incidental personal
usage is not considered official use, and must be reported as imputed
taxable income.
(iii)Vehicles designed for emergency or on-call use, and authorized for use
to and from work in order to respond on a 24-hour basis. Employees
authorized to operate emergency or on-call vehicles may make
reasonable but limited stops before and after assigned work shifts while
traveling to and from work.
(iv) Only City employees are authorized to operate City owned pool
vehicles.
(2) City owned pool vehicles are for transporting only those employees whose
duties require the use of a motor vehicle, and such other persons whose business
activities are important to City interests.
(i) In general, family members, friends or others may not be transported in
City owned pool vehicles, including in those vehicles authorized for use
commuting to and from the City or designated for emergency or on-call
use. Prior written approval from the Personnel Officer is required before
transporting family members, friends or others.
(ii) Employees who have a City owned pool vehicle permanently assigned
to them and/or City owned pool vehicles assigned for use within their
department are responsible for ensuring that only those persons with a
valid driver's license and on official City business are allowed use of the
City owned pool vehicle.
23.5 Use of Privately Owned Vehicles – There are times where the use of an employee’s
personal vehicle is preferable because either a City owned pool vehicle is not available or
because the use of a privately owned vehicle is deemed more efficient. When such is the case,
the following shall apply:
(a) An employee may use his/her privately owned vehicle when he/she
has a transportation need for City business and upon written
authorization by his/her supervisor. This written authorization
7.a
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may be general and ongoing where the need to drive in the course
and scope of employment is recurrent or ongoing; or, may be
specific to a date if the need is an exception to the norm.
(b) Employees are to contact their personal insurance company if
involved in an accident while on City business. An Accident Kit
must be obtained from the Personnel Officer and kept with the
privately owned vehicle while operating on City business.
(c) It is the responsibility of the individual utilizing his/her privately
owned vehicle to maintain accurate records of the purpose and
extent of his/her travel, and to make substantiated claims for
reimbursement. The vehicle and/or mileage allowance is intended
to cover the employee’s cost of operating the vehicle on City
business, including the cost of insurance. Further, all operating
expenses of the privately owned vehicles are to be borne by the
employee. This includes, but is not limited to, gasoline, oil,
maintenance, wear and tear, depreciation and insurance. The
reimbursement will be based on the current IRS reimbursement
amount.
(d) The City is not liable for any damage to an employee’s personally
owned vehicle, unless caused by the City’s negligence (employee’s
negligence excepted). It is the responsibility of the employee
operating the vehicle to notify the Personnel Officer, the
Department of Motor Vehicles, and the employee’s insurance
company in the case of any accident or damage.
23.6 Vehicle Operation Guidelines – Employees shall obey all federal, state and local laws
while operating either City owned pool or personally owned vehicles on official City business.
(a) It is the responsibility of the employee operating either a City owned pool or
personally owned vehicle to ensure that all persons in the vehicle fasten seat belts
before starting the engine of the vehicle and keep seat belts fastened throughout
the travel.
(b) The vehicle operator is responsible for assuring that all items of cargo, materials
or tools are properly secured.
(c) No person shall be allowed to ride on running boards, fenders, hoods, tailgates,
beds or other locations on a vehicle not designed or approved by the vehicle
manufacturer for passenger seating. An exception to this shall be emergency
vehicles and vehicles designed and equipped for passengers outside the cab area.
(d) Any injuries sustained by the vehicle operator or other employees while operating
a vehicle on City business shall be covered by workers’ compensation.
7.a
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(e) No employee shall consume any alcoholic beverages, illegal drugs, or legal drugs
that would impair an employee’s ability to drive prior to, or while driving either a
City owned vehicle or personally owned vehicle on official City business.
(f) Alcoholic beverages and drugs shall not be transported or placed in any City
owned pool vehicle. This does not apply to those employees whose city duties
necessitate transporting alcoholic beverages of drugs in the course and scope of
employment, i.e., evidence seized by public safety officers or code enforcement
personnel, maintenance personnel doing so to remove and dispose of such items
as unwanted refuse if not needed for evidentiary purposes, etc.
(g) Any employee who operates a City owned pool vehicle, regardless of frequency,
is responsible for the proper care and operation of that vehicle.
(h) Any vehicle damage beyond normal wear and tear or that includes defects
affecting the safe operation of the vehicle must be documented and reported to the
Personnel Officer.
(i) No employee shall operate a City owned pool vehicle found to be in an unsafe
condition.
23.7 Driver’s License – All City employees authorized to use City owned pool or personally
owned vehicles on City business must possess a valid California driver’s license and provide
proof of licensing upon hire.
(a) All City employees must maintain in good standing a valid driver’s license
appropriate for the class of vehicle to be driven and must carry that license
on their person while operating a City owned pool vehicle or privately
owned vehicles on City business.
(b) An employee whose driver’s license is suspended or revoked for any
reason must notify the Personnel Officer no later than the first workday
following suspension or revocation of their driver’s license. Such
employee shall not be allowed to operate any City owned pool or privately
owned vehicles on City business.
(c) Employees who possess temporary driving permits or hardship licenses
shall not be permitted to operate City or privately owned vehicles in the
performance of official City duties.
7.a
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SECTION 24 ELECTRONIC EQUIPMENT USE POLICY
24.1 The City provides electronic equipment to employees for use as tools for efficiency in
conducting City business.
(a) Electronic equipment includes instruments/devices such as:
(i) Landline telephones
(ii) Mobile/cellular telephones
(iii) Pagers
(iv) Computers
(v) Facsimile transmission (fax) machines
(vi) Photocopiers with and without scanning capabilities
(b) Electronic equipment also includes systems such as:
(i) E-mail
(ii) Internet and Intranet
(iii) Wireless networks
(iv) Data systems
(v) Voicemail
(vi) City network
24.2 Electronic equipment access is provided by the City to facilitate the performance of City
work.
(a) Incidental personal use is secondary, should not interfere or conflict with business
use or job performance, should clearly indicate that it is personal, not City, usage,
and is subject to regulation for cost controls.
(b) Electronic equipment must be used in compliance with applicable statutes,
regulations, and City policies including those that require a work environment
free from discrimination and harassment.
(c) Employees are expected to use common sense and judgment to avoid any
communication which is disrespectful, offensive or illegal.
24.3 Electronic equipment, and communications and content sent through the City’s electronic
equipment (e.g. e-mail, electronic files, text messages, voicemail), are not confidential.
7.a
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(a) Employees shall have no expectation of privacy.
(b) Employees acknowledge that the City has the right without prior notice to
monitor, review, access, retrieve and make proper and lawful use of all electronic
equipment, and electronic communications and content contained in and
transmitted through the City’s network and outside providers of wireless or
electronic communications services.
(c) The existence of passwords or message delete functions does not restrict the
City’s ability or right to access electronic equipment and communications and
content sent through the City’s electronic equipment.
(d) In addition, where circumstances require, and the law allows, even
communications on privately held electronic equipment may be subject to
disclosure where the City has a legitimate business interest therein, i.e.,
investigations of employee misconduct, etc.
24.4 Communications Through Other Sysems or Networks - Certain communications and
content sent through the City’s electronic equipment (e.g. e-mail, electronic files, text messages,
voicemail) to recipients on networks/systems which are outside of the City pass through
networks/systems not managed by City. Some delivery methods and networks/systems impose
legal restrictions regarding the nature of messages allowed.
(a) Employees are expected to comply with all such regulations.
(b) Employees can create criminal and civil liability for themselves and the City by
using those systems in an offensive, defamatory or illegal manner. In such event
employees and other users may be subject to disciplinary action up to and
including termination.
24.5 Misuse - Without exhausting all the possibilities, the following are examples of misuse of
the City’s electronic equipment:
(h) Any use that violates applicable law and/or City policies, rules or procedures.
(i) Exposing others unwillingly, either through carelessness or intention, to
material which is offensive, harassing, obscene or in poor taste. This includes
information which could create an intimidating, offensive or hostile work
environment.
(j) Any use that may, for a reasonable person, create or further a hostile attitude or
give offense on the basis of race, color, religion, sex, gender, gender expression,
gender identity, national origin, ancestry, citizenship, age, marital status, physical or
mental disability, medical condition, genetic information, sexual orientation, veteran
status or any other basis protected by law.
(k) Communication of confidential City information to unauthorized individuals
within or outside of City.
7.a
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(l) Unauthorized attempts to access data or break into any City or non-City
system.
(m) Theft or unauthorized copying of electronic files or data.
(n) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass
messaging communication.
(o) Intentional misrepresentation of one’s identity for improper or illegal purposes.
(p) Personal commercial or business activities (e.g. “for sale” notices, personal
ads, etc.).
(q) Transmitting/accessing obscene material and/or pornography.
(r) E-Commerce.
(s) Online gambling.
(t) Installing or downloading unauthorized software or equipment.
(u) Violating terms of software licensing agreements.
24.6 Consequences of Misuse - Employees shall be held accountable for misuse and may be
disciplined in accordance with applicable City rules. The City reserves the right to restrict or
rescind employees’ access to electronic equipment at its discretion. The City reserves the right
to specify how the City’s network resources will be used and administered to comply with this
policy.
24.7 Access to Remote Email - Unless specified in writing by the Personnel Officer, non-
exempt employees are not authorized to have access to remote email via the web or mobile
phone.
24.8 City Email – The City’s email system is an official communication tool for City business.
An official email address is established and assigned by the City to each employee the City
deems necessary.
(a) All City communications sent via email will be sent to and from this
address. City employees must use the official agency email, instead of their
private email address (such as yahoo, hotmail, etc.) when communicating agency
business via email.
(b) Should an email related to City business be sent to an employee’s personal
email account, the email should be immediately forwarded to the employee’s City
email account and responded to accordingly.
24.9 Cell Phone Use – All City issued cell phones are provided as a tool to conduct City -
related business. City cell phones are issued on an as-needed basis with the approval of the
7.a
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Personnel Officer. All employees shall use such devices in a responsible, appropriate, and safe
manner.
(a) Employees are prohibited from installing any third party equipment to City cell
phones unless approved by the employee's supervisor in writing.
(b) Employees have no expectation of privacy as to data residing in
telecommunications devices and /or voice mail. The City may inspect that data
at any time and without notice, as permitted by state and federal law.
(c) Employees shall protect City cell phones from loss or damage. An employee
assigned a City phone is responsible for its good care and will be required to
reimburse the City's cost for any damage, or lost cell phones due to negligence.
If such device is damaged, fails to work properly, or is stolen or lost, the
employee shall immediately notify the Personnel Officer.
(d) City cell phones should only be used by employees in the performance of their
official duties. Personal use, beyond incidental use, of City cell phones is
strictly prohibited and will result in disciplinary action and reimbursement of
charges for personal use.
(e) Employees shall acquaint themselves with the rate plan that applies to their cell
phone and use their best efforts to make the most economical and cost efficient
use of the cell phone. Cell phones are unique in that they may have charges for
both in-coming and outgoing calls and texts. In addition, local calls can still
incur airtime charges if the plan minutes are exceeded. A call may be made
from a cell phone only if it cannot be made at any other time with a provided
wired landline telephone. Because cell phones have additional “air time” and
possible other charges, employees are expected to use a wired landline
telephone when available.
(f) Employees are prohibited from using the camera function on City cell phones,
except as authorized by a supervisor for work-related purposes.
24.10 Minimal Personal Use of Communications Equipment Permitted – City employees may
use City telephones and e-mail for incidental personal use provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours;
(b) Does not have any impact upon other City employees or operations;
(c) Allows the employee to more efficiently perform City work; and
(d) Is not abusive, illegal, or inappropriate.
7.a
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SECTION 25 SOCIAL MEDIA USE POLICY
25.1 The establishment and use by any employee of City social media sites are subject to
approval by the City Manager. The City Manager will determine the appropriate level of
employee access, which includes identifying what social media sources, or type of source, each
department or individual is approved to use, as well as define their respective capabilities, i.e.,
publish, edit, comment or view only.
25.2 The Personnel Officer will monitor content on City social media sites to ensure
adherence to this policy and the interests and goals of the City. The City reserves the right to
restrict or remove any content that is deemed in violation of this policy or any applicable law.
City social media sites are subject to the California Public Records Act. Any content maintained
in a social media format that is related to City business, including a list of subscribers, posted
communication, and communication submitted for posting, may be a public record subject to
public disclosure. There shall be no expectation of privacy in any content or comments on City
social media sites.
25.3 Employee Use of Social Media
(a) Employees are prohibited from using City electronic communications
resources, or work time, for personal social media use. Employees are
prohibited from using City email addresses to register on social networks,
blogs or other online tools utilized for personal use.
(b) Employees should avoid posting on any social media site: statements,
photographs, video or audio that reasonably could be viewed as malicious,
obscene, threatening or intimidating, that disparage City clients, co-
workers, or that might constitute harassment or bullying, particularly
where the site or the content thereof might reasonable demonstrate or infer
City employee or official City action. Examples of such conduct might
include offensive posts meant to intentionally harm someone’s reputation
or posts that could contribute to a hostile work environment on the basis of
race, color, religion, sex, gender, gender expression, gender identity,
national origin, ancestry, citizenship, age, marital status, physical or
mental disability, medical condition, genetic information, sexual
orientation, veteran status or any other basis protected by law. If the
content posted violates any City rule, the employee shall be subject to
disciplinary action.
(c) If an employee creates personal, non-work related content on a social
media site and the City is the subject of the content, the employee should
be clear and open about the fact that he/she is an employee and make it
clear that the views expressed do not represent those of the City, co-
workers, City clients, or people working on behalf of the City; and that the
employee is not speaking on behalf of City. The following disclaimer
may be used: “The postings on this site are my own and do not necessarily
reflect the views of the City.”
7.a
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SECTION 26 VIOLENCE IN THE WORKPLACE POLICY
26.1 The City is committed to providing a safe and secure workplace for employees and the
public. The City will not tolerate acts or threats of violence in the workplace. The workplace
includes any location where City business is conducted, including vehicles and parking lots.
Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to
and including termination.
26.2 Prohibited Behavior – Employees are prohibited from engaging in or promoting acts of
intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person
while in the course of City employment. The City has zero tolerance for any conduct that
references workplace violence, even if it was intended to be harmless, humorous, a prank,
blowing off steam, or venting.
26.3 Weapons - Employees engaged in City business are prohibited from carrying weapons in
violation of any law or this policy unless weapons are required for performance of the job.
26.4 Workplace Violence or Abuse – “Workplace Violence” is any conduct in the workplace,
with malice, that a reasonable person would find hostile, offensive, and unrelated to an
employer's legitimate business interests. Abusive conduct may include repeated infliction of
verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical
conduct that a reasonable person would find threatening, intimidating, or humiliating, or the
gratuitous sabotage or undermining of a person's work performance. Specific examples of
workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or his/her
family, friends, associates, or property.
(b) The destruction of or threat of destruction of City property or another
employee’s property.
(c) Harassing or threatening phone calls.
(d) Surveillance.
(e) Stalking.
(f) Possession of offensive or defensive weapons (firearms, illegal knives, clubs,
mace, pepper spray, tear gas, etc.) unless specifically required or authorized
and approved by the Personnel Officer. Weapons are defined as firearms,
chemical sprays, clubs or batons, and knives, and any other device, tool,
chemical agent or implement that can cause bodily harm if used as a weapon or
displayed in such a manner to cause harm or threaten a person with harm.
26.5 Incident Reporting Procedures
(a) Employees shall immediately report workplace violence to their supervisor or
department director. The supervisor or department director will report the
matter to the Personnel Officer.
7.a
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(b) The Personnel Officer shall document the incident, including the employee
names(s), date/time, location, incident description, witness names and
statements, description of unidentified parties, description of the act(s) and/or
behavior arising from the incident, action taken, and provide any other relevant
information regarding the incident.
(c) The Personnel Officer shall take appropriate steps to provide security, such as:
(1) Placing the employee alleged to have engaged in workplace violence on
administrative leave, pending investigation;
(2) Asking any threatening or potentially violent person to leave the site; or
(3) Immediately contacting an appropriate law enforcement agency.
26.6 Investigation – The Personnel Officer shall see that reported violations of this policy are
investigated as necessary.
26.7 Management Responsibility – Each department head has authority to enforce this policy
by:
(a) Training supervisors and subordinates about their responsibilities under this
policy;
(b) Assuring that reports of workplace violence are documented accurately and
timely;
(c) Notifying the Personnel Officer and/or law enforcement authorities of any
incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; and
(e) Maintaining records and follow up actions as to workplace violence reports.
26.8 Follow-Up Disciplinary Procedures – An employee found in violation of this policy will
be subject to disciplinary action, up to and including termination of employment. The City may
also direct that an employee submit to a fitness for duty examination. In addition, employees
found in violation of this policy may be subject to criminal prosecution.
7.a
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SECTION 27 OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy – Employees of the City are required to dress appropriately for the
jobs they are performing. Therefore, failure to follow the dress code regulations contained in this
section shall be grounds for discipline. The following dress code regulations shall apply to all
City employees.
(a) All clothing must be neat, clean, and in good repair.
(b) Prescribed uniforms and safety equipment must be worn.
(c) Foot wear must be appropriate for the work environment and functions
performed.
(d) Hair must be neat, clean and well-groomed.
(e) Beards, mustaches, and sideburns must be maintained in neat and well-
groomed fashion.
(f) Jewelry is acceptable except where it constitutes a health or safety hazard.
(g) Good personal hygiene is required.
(h) Dress must be appropriate to the work setting particularly if the employee has
public contact.
27.2 Tattoo and Body Art Policy – Employees of the City are expected to project a
professional appearance while at work. Therefore, failure to follow the regulations contained in
this section shall be grounds for discipline.
(a) No tattoos or body art are allowed anywhere on the head, face, or neck.
(b) Any visible tattoos or body art shall not be obscene, sexually explicit,
discriminatory to sex, race, religion, or national origin, extremist, and/or gang-
related.
(c) No visible tattoos or body art shall be larger than 4 by 6 inches.
(d) Any non-conforming tattoos or body art will be covered with clothing, bandage
or makeup while at work or removed.
(e) If an employee has a question about how or whether the tattoo and body art
policy is or ought to be applicable to them, the matter should be immediately
raised with their supervisor for consideration and determination.
27.3 Piercing Policy – Employees of the City are expected to project a professional
appearance while at work and not endanger themselves or others with excessive body piercing.
7.a
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Therefore, failure to follow the body piercing regulations contained in this section shall be
grounds for discipline.
(a) No objects, articles, jewelry or ornamentation of any kind shall be attached to
or through the skin if visible on any body part including the tongue or any part
of the mouth except that women may wear one set of reasonably-sized earrings
in each ear lobe.
(b) Any non-conforming piercing shall be removed, covered with a bandage, or
replaced with a clear, plastic spacer.
(c) If an employee has a question about how the piercing policy is applicable to
them, the matter should be immediately raised with their supervisor for
consideration and determination.
(d) If an employee has a question about how or whether the Piercing policy is or
ought to be applicable to them, the matter should be immediately raised with
their supervisor for consideration and determination.
27.4 Smoking/Use of Tobacco Products Policy – The City observes a policy of not allowing
smoking or the use of smokeless tobacco products in all City-owned vehicles and buildings
which includes the Civic Center Complex, the Fire Station, the Child Care Center, the Senior
Center, the Chamber of Commerce Office, the EOC Building, and the Maintenance Shop and
Offices. Smoking not only includes tobacco products, but also e-cigarettes or any other similar
product that produces, smoke, aerosol, and/or vapor.
7.a
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- 1 –
City of Grand Terrace
Employee Statement of Benefits
April 14, 2015
I. Retirement
A. CalPERS - The City of Grand Terrace provides retirement benefits through the California
Public Employees Retirement System (CalPERS). All regular employees budgeted a minimum of 20
hours per week shall be enrolled in this Plan.
1. The City’s current formula is 2.7% at 55, for employees hired prior to January 1,
2013.
2. All employees hired after January 1, 2013 and who are eligible under the Public
Employees Pension Reform Act (PEPRA) shall be enrolled in the 2% at 60 retirement
formula.
3. All other employees hired after January 1, 2013 shall be enrolled in the 2% at 62
retirement formula in accordance with PEPRA.
4. The City pays 1.418% of the 8% Member Contribution to CalPERS Retirement for
all employees enrolled prior to January 1, 2013. All employees enrolled after January 1,
2013 shall pay the full Member Contribution.
5. The retirement contract also includes the following provisions:
Available to Employees Enrolled Before
01/01/2013
After
01/01/2013
Single Highest Year Yes No
Three Year Final Compensation No Yes
1959 Survivor Benefit (4th Level) Yes Yes
Military Service Credit Yes Yes
B. 457 Deferred Compensation - All employees shall be entitled to participate in the City’s 457
Deferred Compensation Plan.
C. Alternate Retirement System - Except where required by law or by contract, all employees
budgeted less than 20 hours per week or employees who have been placed on the City payroll on a
temporary basis shall participate in the City’s Alternate Retirement System (ARS).
1. The ARS plan is provided in lieu of participation in Social Security, and as such
shall be updated as necessary to comply with current regulations.
7.b
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- 2 –
II. Leaves.
A. Bereavement Leave – See Sick Leave.
B. Comp Time – All employees shall be allowed to accrue compensatory time (comp time) in
lieu of overtime pay. Comp time shall be computed in accordance with current FLSA and State of
California guidelines. The maximum accrual shall be 80 hours.
C. Management Leave – On January 1 of each year, beginning with the January 1st
immediately following the first anniversary or employment, exempt employees shall receive 80
hours management leave in addition to other leaves. This management leave must be used during
the fiscal year in which it is received, or it will be lost. Newly hired exempt employees shall receive
a prorated amount of Management Leave.
D. Maternity/Bonding Leave – Maternity and/or Bonding Leave shall be provided to employees
in accordance with State and Federal Law under the Family Medical Leave Act (FMLA), the
California Family Rights Act (CFRA) and the Pregnancy Disability Law (PDL).
E. Personal Leave - Part-time Child Care employees budgeted for 20 or more hours per week,
and non-exempt full-time Child Care employees receive personal leave on an accrual basis. This
leave may be used for vacation or sick time. This time can be used as it is earned.
1. Earned personal leave will be credited upon completion of the first six months of
continuous service and every pay period thereafter.
2. Employees shall accrue personal leave according to the same schedule and rules as
apply to vacation leave for City Hall employees.
F. Sick Leave – Sick leave with pay shall be granted to all probationary and regular employees
budgeted to work a minimum of 20 hours per week. Sick leave is not available to non-exempt Child
Care employees.
1. Full-Time Employees shall accrue sick leave according to the following schedule:
Type of Employee
Received Per
Pay Period
Received per
Annum
City Hall – Non-Exempt Regular
Full-Time Employee,
Exempt Employee
3.69
96 hours
Child Care N/A N/A
2. Regular Part-Time Employees budgeted at least 20 hours per week shall receive sick
leave accruals on a pro-rata basis.
3. Employees may not accrue more than 480 hours of Sick Leave.
7.b
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- 3 –
4. Any employee whose current accrued Sick Leave is in excess of 480 hours shall
retain the hours they currently have. No additional hours will be accrued until their Sick
Leave bank drops below 480 hours.
5. Any employee who separates from the City after five (5) years of service, for
reasons other than disciplinary cause, shall be compensated for 40% of all unused sick leave.
6. Family Sick Leave – An employee shall be entitled to use up to half of their annual
sick leave accruals to care for a child or spouse who is injured or ill.
7. Bereavement Leave – An employee may use up to 3 days of sick leave in any
twelve-month period as bereavement leave for the death of a family member. A family
member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, or
grandparent of the employee or of the employee’s spouse/domestic partner.
8. Options on Retirement – CalPERS rules have additional provisions for unused sick
leave. All employees who are retiring under the CalPERS plan are eligible to participate in
such provisions in accordance with the CalPERS regulations which are current at the time of
the employee’s retirement.
9. Reimbursement for Unused Sick Leave During Employment – Suspended (See
Furlough Provisions)
a) Any regular full-time regular employee who has used 40 hours or less sick
leave during the calendar year shall be entitled to be reimbursed for up to 40 hours
of unused accrued sick leave so long as the employee's remaining accrued sick
leave balance does not fall below 80 hours as a result of the reimbursement.
b) Regular part-time employees that are budgeted to work 20 or more hours per
week shall be entitled to be reimbursed for a percentage of their accrued sick leave
based on a prorated percentage of hours worked as compared to 40 hours for a full-
time employee so long as the employee's remaining accrued sick leave balance does
not fall below the same prorated percentage of 80 hours.
c) Reimbursement for accrued sick leave for a calendar year shall not be
available to employees terminating on or before December 31 of that same calendar
year.
d) Sick Leave Sell Back Form - In order to receive reimbursement for accrued
sick leave, all eligible employees shall complete a Sick Leave Sell Back Form,
which is available in the Human Resources office. The completed form must be
provided to the Personnel Officer by no later than the first week of January of the
following calendar year.
G. Vacation - Each regular full-time and regular part-time employee budgeted for 20 or more
hours per week, with the exception of non-exempt Child Care employees, shall be credited with
annual vacation leave according to their number of years of service as follows:
1. Full-Time Employees shall accrue vacation leave according to the following
schedule.
7.b
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- 4 –
Type of Employee
Years of
Service
Received Per
Pay Period
Received
per Annum
City Hall – Non-Exempt Regular
Full-Time Employee,
Exempt Employee
1-5
3.08
80 hours
City Hall – Non-Exempt Regular
Full-Time Employee,
Exempt Employee
6 - 10
4.62
120 hours
City Hall – Non-Exempt Regular
Full-Time Employee,
Exempt Employee
11+
6.15
160 hours
Child Care N/A N/A N/A
2. Regular Part-Time Employees budgeted at least 20 hours per week shall receive
accruals on a pro-rata basis.
3. Earned vacation will be credited upon completion of the first six months of
continuous service and every pay period thereafter.
4. Employees may not accrue more than 480 hours of vacation leave.
5. In the event an employee who has served continuously for at least twelve months
does not take all of the vacation to which they are entitled in any year, the employee shall be
allowed to accumulate the balance, to be taken in a subsequent year.
6. No employee shall be granted a vacation leave period greater than the amount of
available vacation accruals.
7. Each employee shall take a minimum of one work week off each year.
III. Holidays
A. The City of Grand Terrace observes the following holidays for City Hall, Child Care, &
Exempt employees:
7.b
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- 5 –
New Year’s Day Veteran’s Day
Martin Luther King’s Birthday Day before Thanksgiving
President’s Day Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Year’s Eve
Columbus Day 2 Floating Holidays
1. For Full-Time Employees credited with Floating Holiday Leave after April 14,
2015, a floating holiday shall equal 8 hours.
2. Part-Time Employees budgeted at least 20 hours per week shall receive floating
holidays on a pro-rata basis.
3. Any employee scheduled to work on a City Holiday and who works the holiday,
shall be credited with additional floating holiday hours equal to the hours actually worked on
the holiday.
4. At the City Manager’s discretion, floating holidays may be used for the closure of
City Hall during the Christmas holidays.
5. In order to receive Holiday Pay, an employee must be in a paid status on the day
before and the day after the holiday.
IV. Employee Health Plan
A. City of Grand Terrace Employee Health Plan includes major medical, dental, and vision
insurances; the Employee Assistance Program, and the Cafeteria Plan. To be considered a part of the
City’s Employee Health Plan, the City must have a negotiated contract with the benefit provider to
include specific rates for City of Grand Terrace employees.
B. All regular employees budgeted 20+ hours per week are eligible to participate in the City’s
Employee Health Plan.
C. The Benefit Allowance as paid under the City’s Cafeteria Plan is intended to offset the
employee’s out-of-pocket expenses under this plan.
D. All aspects of the Employee Health Plan are eligible for continuation under Federal COBRA
regulations. Further, if the employee qualifies for such, the major medical insurance may be eligible
for further continuation provisions under Cal-COBRA.
1. Eligibility – All individuals who meet the following criteria are eligible to
participate in the Employee Health Plan.
a) City of Grand Terrace employees budgeted for 20 or more hours a week.
b) Spouse or registered domestic partner of a participating employee.
c) Legally qualifying dependents of a participating employee and/or of the
employee’s spouse or registered domestic partner.
7.b
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- 6 –
d) Spouse/registered domestic partner/dependents may only participate in the
coverage options under this plan for which a City of Grand Terrace employee is
also an enrolled participant; ie, if a dependent wishes to have medical coverage
under this plan, the employee must also be enrolled in medical coverage.
E. Cafeteria Plan. The City of Grand Terrace maintains a Section 125 Cafeteria Plan. The
Cafeteria Plan includes the following options:
1. Benefit Allowance. As a part of the Cafeteria Plan, the City of Grand Terrace pays a
Benefit Allowance to employees to offset the cost of purchasing pre- and post-tax benefits as
allowed under Section 125 of the IRS Code.
a) Any portion of the Benefit Allowance not utilized by the employee for the
purchase of benefits shall be considered taxable income to the employee.
b) Such allowance is paid according to the following schedule:
Type of Employee
Years of
Service
% of Salary
Received
City Hall – Non-Exempt, Regular Employee
budgeted 20+ hours/week,
Exempt Employee
N/A 18.1%
Child Care– Regular Employee, Non-exempt
budgeted 20+ hours/week
Less than 5 10%
Child Care– Regular Employee, Non-exempt
budgeted 20+ hours/week
5 -10 14%
Child Care– Regular Employee, Non-exempt
budgeted 20+ hours/week
10+ 18.1%
2. Pre-Taxing Insurance Premiums. Eligible employees may choose to pre-tax
premiums for any/all of their insurances which are purchased through payroll deduction,
except as noted below:
a) Life insurance premiums may only be pre-taxed to the extent permitted by
current IRS regulations.
b) The City does not permit employees to pre-tax the premiums of any
disability insurance product.
3. Flexible Spending Accounts (FSA). Employees may contribute pre-tax dollars to
the following FSA options:
a) Medical Reimbursement Account
b) Dependent Care Reimbursement Account
7.b
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- 7 –
c) Adoption Assistance Account
d) The type(s) of FSAs available is determined by the IRS and is thus subject
to change by the Federal Government.
e) FSA’s are subject to annual contribution limits as established by the IRS.
f) Expenses paid from an FSA may not be claimed as a deduction on an
employee’s tax return.
F. Major Medical Insurance – The City is currently contracted with CalPERS for major medical
insurance. In accordance with the terms of the contract, the City shall pay for insurance for an
eligible employee as follows:
Type of Employee Years of
Service
Amount Paid
City Hall – Non-Exempt
Regular Employee budgeted 20+
hours,
Exempt Employee
N/A Amount equal to the
Net Value Plan,
Employee Only
Coverage
Child Care – Non-Exempt
Regular Employee, budgeted
20+ hours
N/A Set by CalPERS in
accordance with GC
§22892 (2)
G. Dental Insurance – The City has contracted for a choice of either an HMO or a PPO plan.
Premiums are paid by the employee.
H. Vision Insurance – The City has contracted for Vision Insurance. Premiums are paid by the
employee.
I. Employee Assistance Plan – The City offers an Employee Assistance Plan at no cost to the
employee. The Employee Assistance Program provides confidential counseling referrals and other
services to employees.
V. Other Insurances
The City is contracted for the following additional insurance plans. These insurance plans are available to all
regular employees budgeted 20 or more hours per week and are not considered a part of the Employee Health
Plan.
A. Life Insurance – The City provides basic term life insurance for employees and their eligible
dependents subject to the following limits:
1. Employee – Amount equal to covered annual earnings.
2. Dependent - $3,000.00
7.b
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- 8 –
B. Short Term Disability – The City offers a voluntary short term disability plan to all regular
employees budgeted 20 or more hours per week. This coverage is paid by the employee.
C. Long Term Disability - The City offers a voluntary long term disability plan to all regular
employees budgeted 20 or more hours per week. This coverage is paid by the employee.
D. Supplemental Insurances – The City’s Section 125 Plan provider may offer supplemental
insurance plans to City employees. The City does not negotiate for rates on these supplemental
plans. Supplemental plans are not considered part of the City’s benefit package. Employees may
pay for these plans by payroll deduction. Employees may pre-tax their premiums for these plans as
allowed by IRS regulations.
VI. Additional Pays
A. Bilingual Pay – Employees who have qualified under the Personnel Rules as being fluent in
Spanish shall receive $50.00 per month. At the City Manager’s discretion, other languages that are
deemed a business necessity shall also qualify for Bilingual Pay.
B. On-Call Pay – Employees placed in an on-call status for a period of one (1) week shall
receive their choice of either 9 hours of regular time or 9 hours of straight comp time for that week.
On-call staff called out after their normal working shift will be paid a minimum of two (2) hours in
accordance with the Personnel Rules.
C. Vehicle Allowance – Vehicle Allowance shall be paid to Department Heads at the rate of
$300 per month.
VII. Grandfathered Provisions
A. Longevity Pay – $100 per month for full-time employees with 10 years of service prior to
June 30, 2010. Part-time employees with 10 years of service prior to June 30, 2010 receive a
prorated amount depending on hours worked. This applies only to employees in Continuous Service
since June 30, 2010.
B. Child Care Credit – Employees already receiving the Child Care Credit prior to June 30,
2010 shall be eligible to continue receiving a 50% discount for their child care expense up to a
maximum of $4,000 per year. This applies only for the child(ren) receiving the credit prior to April
14, 2015 and only if the Employee has remained in Continuous Services since June 30, 2010. This
benefit will be charged to the covered employee’s department.
VIII. Employees Hired Under Employment Agreement
A. Employees who are working under an Employment Agreement approved by the City
Council may be subject to different employment benefit provisions than those contained in this
Statement of Benefits.
7.b
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- 9 –
IX. Furlough Provisions
The City of Grand Terrace employees are under mutually agreed furlough provisions. These provisions are a
temporary cost savings measure and shall remain in force as follows until such time as the budget permits
abolishing this section.
A. City Hall Employees – City Hall employees have agreed to the following:
1. No Merit Increases – Became effective July 1, 2009.
2. No COLA (Cost of Living Adjustment) – Became effective July 1, 2009.
3. Sick Leave Sell Back Program Suspended – Became effective July 1, 2010.
4. Ten Percent (10%) Reduction in Hours – Became effective May 17, 2010. This
changed employee hours from 40/week to 36/week. This resulted in a 10% decrease in work
schedule, wages, and benefits based on wages. This applies to full-time employees only.
5. Part-Time Employees – No work week reduction for part-time employees with no
benefits; or for part-time employees for which such a reduction would terminate a current
benefit (e.g. health insurance).
B. Child Care Employees – Child Care employees have agreed to the following:
1. No Merit Increases – Became effective July 1, 2009.
2. No COLA (Cost of Living Adjustment) – Became effective July 1, 2009.
3. Sick Leave Sell Back Program Suspended – Became effective July 1, 2010.
4. Ten Percent (10%) Reduction in Benefit Allowance – Became effective May 17,
2010.
5. Benefit Allowance level advancement based on years of service was frozen. –
Became effective May 17, 2010.
7.b
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Personnel Rules Changes
Resolution 2014-070 Personnel Rules Statement of Benefits Administrative
Procedures
Section 1 - Introduction Unchanged
Section 2 – Definitions Added: Direct
Appointment & Skelly
Officer
Moved: Spouse &
Domestic Partner
Section 3 – Classification
Plan
Unchanged
Section 4 – Recruitment,
Selection Process &
Appointments
Deleted - Section 4.5 (h)
Examinations – 2nd
opinion
Section 5 - Compensation Changed to:
Compensation is defined
by the City’s
Compensation Plan.
Originally adopted as
Resolution 2015-XX and
inclusive of any
subsequent amendments.
Section 6 – Health and
Retirement Benefits
Defined in the Statement
of Benefits. Originally
adopted as Resolution
2015-XX and inclusive
of any subsequent
amendments.
Section 7 – Attendance
and Hours of Work
Unchanged
Section 8 – Overtime Minor clarifications to
CTO provisions.
Section 9 – Performance
Evaluation
Unchanged
Section 10 – Vacation
Leave and Holidays
Renumbered
Section 10.1
Section 11 – Sick Leave Unchanged
Section 12 – Other Leaves Unchanged
Section 13 – Family and
Medical Leave
Section 13.1 remains in
part.
Section 13.1 in part
and all of sections
13.2 – 13.21
Section 14 – Pregnancy
Disability Leave
Section 14.1 remains in
part.
Section 14.1 in part
and all of sections
14.2 – 14.5
Section 15 – Reasonable
Accommodation and
7.c
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Fitness for Duty Unchanged
Section 16 – Resignation,
Layoffs and Furloughs
Clarified language on
acceptance of
resignation.
Job abandonment
changed back to 3
consecutive shifts.
Section 17 – Discipline
Policy and Procedures
17.4(h) added “…and for
which they are engaged
to wait to testify.”
Section 18 – Grievance
Procedure
Unchanged
Section 19 – Personnel
File
Unchanged
Section 20 – Outside
Employment
Unchanged
Section 21 –
Discrimination,
Harassment and
Retaliation Policy
Sections 21.8 –
21.11
Section 22 – Political
Activity Policy
Unchanged
Section 23 – Drug and
Alcohol Policy
Removed provisions to
provide counseling and
treatment to volunteers.
Section 24 – Use of City
Property and Equipment
Policy
Unchanged
Section 25 – Electronic
Equipment Use Policy
Unchanged
Section 26 – Social Media
Use Policy
Unchanged
Section 27 – Violence in
the Workplace Policy
Unchanged
Section 28 – Other
Employee Conduct
Policies
Smoking Policy – added
smokeless tobacco
products, e-cigarettes,
and any other similar
product that produces
smoke, aerosol and/or
vapor to the list of
prohibited items.
7.c
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Changes to Statement of Benefits
Section Statement of Benefits
Effective April 14, 2015
Personnel Rules
I Compensation a-k Not included Moved to Section 5 -
Compensation
I Compensation l-n
In Section: VI Additional Pays
I Compensation o Deleted
I Compensation p In Section: VIII Employees Hired
Under Employment Agreement
2 Health & Retirement
Benefits a,b,d
Renamed Employee Health Plan
2 Health & Retirement
Benefits c – Other
Insurance Coverage
Removed from definition of Employee
Health Plan and placed in section V.
Other Insurances
2 Health & Retirement
Benefits e – Retirement
Benefits
In Section: I. Retirement
11.7 Reimbursement for
Unused Sick Leave During
Employment
In Section: II Leaves, F Sick Leave, #9
Appendix C – Furlough
Provisions In Section: IX Furlough Provisions
7.d
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Title Department Policy #
Family and Medical Care Leave Human Resources
References # of Pages
FMLA & CFRA Page 1 of 9
Approved By Effective Date
04/15/2015
SECTION 1. FAMILY AND MEDICAL CARE LEAVE
1.1 Statement of Policy – To the extent not already provided for under current leave policies
and provisions, the City will provide family and medical care leave for eligible employees as
required by State and Federal law. The following provisions set forth certain of the rights and
obligations with respect to such leave. Rights and obligations that are not specifically set forth
below are set forth in the Department of Labor regulations implementing the Federal Family and
Medical Leave Act of 1993 (“FMLA”), and the regulations of the California Family Rights Act
(“CFRA”). Unless otherwise provided by this article, “Leave” under this article shall mean leave
pursuant to the FMLA and CFRA.
1.2 Definitions
(a) “12-Month Period” means a rolling 12-month period measured backward
from the date leave is taken and continuous with each additional leave day taken.
(b) “Single 12 Month Period” means a 12 month period which begins on the first
day the eligible employee takes FMLA leave to take care of a covered servicemember
and ends 12 months after that date.
(c) “Child” means a child under the age of 18 years of age, or 18 years of age or
older who is incapable of self-care because of a mental or physical disability. An
employee’s child is one for whom the employee has actual day-to-day responsibility for
care, and includes a biological, adopted, foster or step-child, legal ward, or a child of a
person standing in loco parentis. A child is “incapable of self care” if he/she requires
active assistance or supervision to provide daily self-care in three or more of the activities
of daily living or instrumental activities of daily living, such as caring for grooming and
hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and directories.
(d) “Parent” means the biological parent of an employee or an individual who
stands or stood in loco parentis (in place of a parent) to an employee when the employee
was a child. This term does not include parents-in-law.
(e) “Spouse” means a husband or a wife as defined or recognized under
California state law for purposes of marriage.
City of Grand Terrace
Administrative Policy
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(f) “Domestic Partner” means two people who are registered domestic partners as
that term is defined by California Family Code section 297.
(g) “Serious Health Condition” means an illness, injury impairment, or physical
or mental condition that involves:
(1) Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity
(e.g., inability to work or perform other regular daily activities due to the
serious health condition, treatment involved, or recovery therefrom); or
continuing treatment by a health care provider: A serious health
condition involving continuing treatment by a health care provider
includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform
other regular daily activities due to serious health
condition of more than three consecutive calendar days,
and any subsequent treatment or period of incapacity
relating to the same condition, that also involves:
b. Treatment two or more times by a health care provider,
by a nurse or physician’s assistant under direct
supervision by a health care provider, or by a provider of
health care services (e.g., a physical therapist) under
orders of, or on referral by a health care provider; or
c. Treatment by a health care provider on at least one
occasion which results in a regimen of continuing
treatment under the supervision of the health care
provider. This includes for example, a course of
prescription medication or therapy requiring special
equipment to resolve or alleviate the health condition. If
the medication is over the counter, and can be initiated
without a visit to a health care provider, it does not
constitute a regimen of continuing treatment.
1. Any period of incapacity due to pregnancy or for
prenatal care. (This entitles the employee to
FMLA leave, but not CFRA leave. Under
California law, an employee disabled by
pregnancy is entitled to pregnancy leave.)
d. Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition. A
chronic serious health condition is one which:
1. Requires periodic visits for treatment by a health
care provider, or by a nurse or physician’s
assistant under direct supervision of a health
care provider;
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2. Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
3. May cause episodic rather than a continuing
period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.). Absences for such incapacity
qualify for leave even if the absence lasts only
one day.
4. A period of incapacity that is permanent or long-
term due to a condition for which treatment may
not be effective. The employee or family
member must be under the continuing
supervision of, but need not be receiving active
treatment by health care provider.
5. Any period of absence to receive multiple
treatments (including any period of recovery
therefrom) by a health care provider or by a
provider of health care services under orders of,
or on referral by, a health care provider, either
for restorative surgery after an accident or other
injury, or for a condition that would likely result
in a period of incapacity of more than three
consecutive calendar days in the absence of
medical intervention or treatment.
(h) “Health Care Provider” means:
(1) A doctor of medicine or osteopathy who is authorized to practice
medicine or surgery in the State of California;
(2) Individuals duly licensed as a physician, surgeon, or osteopathic
physician or surgeon in another state or jurisdiction, including another
country, which directly treats or supervises treatment of a serious health
condition;
(3) Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual manipulation of
the spine to correct a subluxation as demonstrated by x-ray to exist)
authorized to practice in California and performing within the scope of
their practice as defined under California State law.
(4) Nurse practitioners and nurse-midwives and clinical social workers who
are authorized to practice under California State law and who are
performing within the scope of their practice as defined under California
State law;
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(5) Christian Science practitioners listed with the First Church of Christ,
Scientist in Boston, Massachusetts; and
(6) Any health care provider from whom an employer or group health plan’s
benefits manager will accept certification of the existence of a serious
health condition to substantiate a claim for benefits.
(i) “Active Duty or Call to Active Duty Status” means a duty under a call or
order to active duty (or notification of an impending call or order to active duty) in
support of a contingency operation for members of the Reserve components, the National
Guard, and certain retired members of the Regular Armed Forces and retired Reserve
while serving on active duty status during a war or national emergency declared by the
President or Congress.
(j) “Contingency Operation” means a military operation that is (1) designated by
the Secretary of Defense as an operation in which members of the United States Armed
Forces are or may become involved in military actions, operations, or hostilities against
an enemy of the United States or against an opposing military force; or (2) that results in
the call to order to, or retention on, active duty members of the United States Armed
Forces by law or any other provision of law during a war or national emergency declared
by the President or Congress.
(k) “Covered Servicemember” means a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or illness incurred in the line of
duty on active duty.
(l) “Outpatient Status” means, with respect to a covered servicemember, the
status of a member of the Armed Forces assigned to either: (1) a military medical
treatment facility as an outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care as
outpatients.
(m) “Next of Kin of a Covered Servicemember” means the nearest blood relative
other than the covered servicemember’s spouse, parent, son, or daughter, in the following
order of priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters, grandparents,
aunts and uncles, and first cousins, unless the covered servicemember has specifically
designated in writing another blood relative as his or her nearest blood relative for
purposes of military caregiver leave under the FMLA.
(n) “Serious Injury or Illness” means an injury or illness incurred by a covered
servicemember in the line of duty on active duty that may render the servicemember
medically unfit to perform the duties of the member’s office, grade, rank, or rating.
1.3 Reasons For Leave – Leave is only permitted for the following reasons:
(a) The birth of a child or to care for a newborn of an employee.
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(b) The placement of a child with an employee in connection with the adoption or
foster care of a child.
(c) Leave to care for a child, parent, spouse, or domestic partner who has a
serious health condition; or
(1) Leave because of a serious health condition that makes the employee
unable to perform the functions of his/her position; Or
(2) Leave for a “qualifying exigency” may be taken arising out of the fact
that an employee’s spouse, son, daughter, or parent is on active duty or
call to active duty status in the National Guard or Reserves in support of
a contingency operation (under the FMLA only, not the CFRA); or
(3) Leave to care for a spouse, son, daughter, parent, or “next of kin”
servicemember of the United States Armed Forces who has a serious
injury or illness incurred in the line of duty while on active military duty
(this leave can run up to 26 weeks of unpaid leave during a single 12-
month period) (under the FMLA only, not the CFRA).
1.4 Employees Eligible For Leave – An employee is eligible for leave if the employee:
(a) Has been employed for at least 12 months; and
(b) Has been employed for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave.
(c) .
1.5 Amount Of Leave – Eligible employees are entitled to a total of 12 workweeks (or 26
work weeks to care for a covered servicemember) of leave during any 12-month period.
1.6 Minimum Duration of Leave – If leave is requested for the birth, adoption or foster care
placement of a child of the employee, leave must be concluded within one year of the birth or
placement of the child. In addition, the basic minimum duration of such leave is two weeks.
However, an employee is entitled to leave for one of these purposes (e.g. bonding with a
newborn) for at least one day, but less than two weeks duration on any occasions. If leave is
requested to care for a child, parent, spouse or the employee him/herself with serious health
condition, there is no minimum amount of leave that must be taken. However, the notice and
medical certification provisions of this policy must be complied with.
1.7 Spouses Both Employed by the City – In any case in which a spouses or domestic
partners both employed by the City are entitled to leave, the aggregate number of workweeks of
leave to which both may be entitled may be limited to 12 workweeks during any 12-month period
if leave is taken for the birth or placement for adoption or foster care of the employees’ child (i.e.
bonding leave or 26 work weeks if leave is taken to care for a covered servicemember). This
limitation does not apply to any other type of leave under this policy.
1.8 Employee Benefits While On Leave – Leave under this policy is unpaid. While on unpaid
leave, employees will continue to be covered by the City’s group health insurance to the same
extent that coverage is provided while the employee is on the job. However, employees must
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continue to pay their share if it exceeds City’s contribution and will not continue to be covered
under the City’s deferred compensation plan or any other non-health plan.
Employees may make the appropriate contributions for continued coverage under the
preceding non-health benefits plans by payroll deductions or direct payments made to these plans.
Depending on the particular plan, the Finance Department will inform you whether the premiums
should be paid to the carrier or to the City. Your coverage on a particular plan may be dropped if
you are more than 30 days late in making a premium payment. However, you will receive a
notice at least 15 days before coverage is to cease, advising you that you will be dropped if your
premium payment is not paid by a certain date. Employee contribution rates are subject to any
changes in rates that occur while employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for the entire
leave period, unless the employee does not return because of the continuation, recurrence, or
onset of a serious health condition of the employee or his/her family member which would entitle
the employee to leave, or because of circumstances beyond the employee’s control. The City shall
have the right to recover premiums through deduction from any sums due the City (e.g. unpaid
wages, vacation pay, etc.).
1.9 Substitution of Paid Accrued Leaves – While on leave under this policy, as set forth
herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City
requires an employee to concurrently use paid accrued sick leave after requesting FMLA and/or
CFRA leave for an illness. Employee’s Right to use Paid Accrued Leave Concurrently with
Family Leave – Where an employee has earned or accrued paid vacation, management leave,
compensatory time, floating holidays, or any other form of personal leave, that paid leave may be
substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an
employee is entitled to use sick leave concurrently with leave under this policy if:
(a) The leave is for the employee’s own serious health condition; or
(b) The leave is needed to care for a parent, spouse or child with a serious health
condition, and would be permitted as sick leave under the City’s sick leave
policy.
1.10 City’s Right to Require an Employee to use Paid Leave when using FMLA/CFRA Leave
– Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the
same extent that employees have the right to use their accrued leaves concurrently with
FMLA/CFRA leave with two exceptions:
(a) Employees are not required to use accrued compensatory time earned in lieu
of overtime earned pursuant to the Fair Labor Standards Act; and
(b) Employees will only be required to use sick leave concurrently with
FMLA/CFRA leave if the leave is for the employee’s own serious health
condition.
1.11 City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with
Other Leaves – If an employee takes a leave of absence for any reason, which is FMLA/CFRA-
qualifying, the City may designate that non-FMLA/CFRA leave as running concurrently with the
employee’s 12-week FMLA/CFRA leave entitlement. City’s and Employee’s Right if an
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Employee Requests Accrued Leave without Mentioning FMLA or CFRA – If an employee
requests to utilize accrued vacation leave or other accrued paid time off without reference to a
FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a
FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the
employee provides information that the requested time off is for a FMLA/CFRA qualifying
purpose, the City may require the employee to exhaust accrued leave as described above.
1.12 Medical Certification – Employees who request leave for their own serious health
condition or to care for a child, parent or a spouse who has serious health condition must provide
written certification from the health care provider of the individual requiring care if requested by
the City.
If the leave is requested because of the employee’s own serious health condition, the
certification must include a statement that the employee is unable to work at all or is unable to
perform essential functions of his/her position.
1.13 Time To Provide a Certification –When an employee’s leave is foreseeable and at least
30 days’ notice has been provided, if a medical certification is requested, the employee must
provide it before the leave begins. When this is not possible, the employee must provide the
requested certification to the City within the time frame requested by the City (which must allow
at least 15 calendar days after the employer’s request), unless it is not practicable under the
particular circumstances to do so despite the employee’s diligent, good faith efforts.
1.14 Consequences for Failure to Provide an Adequate or Timely Certification – If an
employee provides an incomplete medical certification, the employee will be given a reasonable
opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this policy, the City may delay the taking of FMLA/CFRA leave until required
certification is provided.
1.15 Recertification – If the City has reason to doubt the validity of a certification, the City
may require a medical opinion of a second health care provider chosen and paid for by the City. If
the second opinion is different from the first, the City may require the opinion of a third provider
jointly approved by the City and the employee, but paid for by the City. The opinion of the third
provider will be binding. An employee may request a copy of the health care provider’s opinions
when there is recertification.
1.16 Intermittent Leave or Leave on a Reduced Leave Schedule – If an employee requests
leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an
immediate family member with serious health condition, the employee must provide medical
certification that such leave is medically necessary. “Medically necessary” means there must be a
medical need for the leave and that the leave can best be accomplished through an
intermittent or reduced leave schedule.
1.17 Employee Notice of Leave – Although the City recognizes that emergencies arise
which may require employees to request immediate leave, employees are required to give
as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days’
notice is required. In addition, if an employee knows that he/she will need leave in the
future, but does not know the exact day(s) (e.g. for the birth of a child or to take care of a
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newborn), the employee shall inform his/her supervisor as soon as possible that such
leave will be needed. Such notice may be orally given. If the City determines that an
employee’s notice is inadequate or the employee knew about the requested leave in
advance of the request, the City may delay the granting of the leave until it can, at its
discretion; adequately cover the position with a substitute.
1.18 Reinstatement Upon Return From Leave
(a) Right to Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the
position of employment held when the leave commenced, or to an equivalent
position with equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to reinstatement,
benefits, and other conditions of employment than if the employee had been
continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of
the leave, the employee will be reinstated on the date agreed upon. If the
reinstatement date differs from the original agreement of the employee and the
City, the employee will be reinstated within two business days, where feasible,
after the employee notifies the employer of his/her readiness to return.
(b) Employee’s Obligation to Periodically Report on His/Her Condition
Employees may be required to periodically report on their status and intent
to return to work. This will avoid any delays to reinstatement when the employee
is ready to return.
(c) Fitness for Duty Certification
As a condition of reinstatement of an employee whose leave was due to
the employee’s own serious health condition, which made the employee unable to
perform his/her job, the employee must obtain and present a fitness-for-duty
certification from the health care provider stating that the employee is able to
resume work. Failure to provide such certification will result in denial of
reinstatement.
(d) Reinstatement of “Key Employees”
The City may deny reinstatement to a “key” employee (i.e., an employee
who is among the highest paid 10 percent of all employed by the City within 75
miles of the worksite) if such denial is necessary to prevent substantial and
grievous economic injury to the operations of the City, and the employee is
notified of the City’s intent to deny reinstatement on such basis at the time the
employer determines that such injury would occur.
7.e
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1.19 Required Forms
When leave is forseeable, employees must fill out the following applicable forms in
connection with leave under this policy:
(a) “Request For Family or Medical Leave Form” prepared by the City to
be eligible for leave.
(1) Note: Employees will receive a City response to their request,
which will set forth certain conditions of the leave.
(b) Medical certification either for the employee’s own serious health
condition or for the serious health condition of a child, parent or
spouse;
(c) Authorization for payroll deductions for benefit plan coverage
continuation; and
(d) Fitness for duty to return from leave form.
When leave is not forseeable, upon City’s receipt of notice, the employee or the
employee’s representative if the employee is unavailable, will be required to fill out the
forms listed above.
7.e
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Title Department Policy #
Pregnancy Disability Leave Human Resources
References # of Pages
PDL, FMLA, CFRA Page 1 of 2
Approved By Effective Date
04/15/2015
SECTION 1. PREGNANCY DISABILITY LEAVE
1.1 An employee who is disabled because of pregnancy, childbirth, or a related
medical condition is entitled to an unpaid pregnancy disability leave for up to the number
of hours the employee would normally work within four calendar months, which is
defined as 17 1/3 weeks. For a full-time employee who works 40 hours per week, the
employee shall be entitled to up to 693 hours of leave. Employees who work less than 40
hours per week will receive a pro rata or proportional amount of leave.
1.2 Notice & Certification Requirements
(a) Requests for pregnancy disability leave must be submitted in writing
and must be approved by the employee’s department head before the leave
begins. The request must be supported by a written certification from the
attending physician stating that the employee is disabled from working by
pregnancy, childbirth or a related medical condition. The certification must state
the expected duration of the disability and the expected date of return to work.
(b) All leaves must be confirmed in writing, have an agreed-upon specific
date of return, and be submitted to the department director prior to being taken.
Requests for an extension of leave must be submitted in writing to the department
head prior to the agreed date of return and must be supported by a written
certification of the attending physician that the employee continues to be disabled
by pregnancy, childbirth, or a related medical condition. The maximum
pregnancy disability leave is four months.
1.3 Compensation During Leave – Pregnancy disability leaves are without pay.
However, the employee may first use accrued sick leave, vacation leave, and then any
other accrued paid time off during the leave.
1.4 Benefits During Leave
(a) An employee on pregnancy disability leave may receive any group
health insurance coverage that was provided before the leave on the same terms as
City of Grand Terrace
Administrative Policy
7.f
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provided to other employees who become disabled off-duty. The City may
recover premiums it paid to maintain health coverage, as provided by the family
and medical leave laws, if an employee does not return to work following
pregnancy disability leave.
(b) An employee on pregnancy disability leave who is not eligible to
receive group health insurance coverage as described above, may receive health
insurance coverage in conjunction with COBRA guidelines by making monthly
premium payments to the City.
(c) Sick leave and vacation leave do not accrue while an employee is on
unpaid pregnancy disability leave.
1.5 Reinstatement
(a) Upon the expiration of pregnancy leave and the City’s receipt of a
written statement from the health care provider that the employee is fit to return to
duty, the employee will be reinstated to her original or an equivalent position, so
long as it was not eliminated for a legitimate business reason during the leave.
(b) If the employee's original position is no longer available, the employee
will be assigned to an open position that is substantially similar in job content,
status, pay, promotional opportunities, and geographic location as the employee's
original position.
(c) If upon return from leave an employee is unable to perform the
essential functions of her job because of a physical or mental disability, the City
will initiate an interactive process with the employee in order to identify a
potential reasonable accommodation.
The City will initiate the interactive process with an employee who fails to return
to work after the termination of her leave in order to identify a potential reasonable
accommodation.
7.f
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Title Department Policy #
Reasonable Accommodation and
Fitness for Duty
Human Resources
References # of Pages
ADA, FEHA Page 1 of 3
Approved By Effective Date
04/15/2015
SECTION 1. REASONABLE ACCOMMODATION AND FITNESS FOR
DUTY
1.1 Reasonable Accommodation – The City provides employment-
related reasonable accommodations to qualified individuals with disabilities within the
meaning of the California Fair Employment and Housing Act and the Americans with
Disabilities Act.
(a) Request for Accommodation – An employee who desires a reasonable
accommodation in order to perform essential job functions should make such a
request, preferably in writing, to the Personnel Officer. The request must
identify: a) the job-related functions at issue; and b) the desired
accommodation(s).
(b) Reasonable Documentation of Disability – Following receipt of the
request, the Personnel Officer may require additional information, such as
reasonable documentation of the existence of a disability.
1.2 Fitness for Duty Examination
(a) Conditional Offer of Employment Examinations – After a conditional
offer of employment has been extended to an applicant, the City may, in
compliance with all applicable laws, require the applicant to submit to a fitness
for duty examination prior to conferring appointment.
(b) Current Employee Examinations – The Personnel Officer may require
an employee to submit to a fitness for duty examination to determine if the
employee is able to perform the essential functions of his or her job when there is
evidence:
(1) The employee appears to be unable to perform or has difficulty
performing one or more essential functions of his or her job; and
City of Grand Terrace
Administrative Policy
7.g
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(2) There is reason to question the employee’s ability to safely or
efficiently complete work duties.
(c) Role of Health Care Provider – A City-selected health care provider
will examine the employee at City expense. The City will provide the heath care
provider with a letter requesting a fitness for duty examination and a written
description of the essential functions of the employee’s job. The health care
provider will examine the employee and provide the City with non-confidential
information regarding whether:
(1) The employee is fit to perform essential job functions
(2) There are any reasonable accommodations that would enable the
employee to perform essential job functions;
(3) The workplace restrictions or functional limitations, and the length
of work impairment; and
(4) The employee’s continued employment poses a threat to the health
and safety of him or herself or others. Should the health care
provider exceed the scope of the City’s request and provide
confidential health information, the City will return the report to
the health care provider and request another report that includes
only the non-confidential fitness for duty information that the City
has requested.
(d) Medical Information – During the course of a fitness for duty
examination, the City will not seek or use information regarding an employee’s
medical history, diagnoses, or course of treatment without an employee’s written
authorization.
(e) Medical Information from the Employee ’s Health Care Provider – An
employee may submit confidential medical information to the City from his or her
personal health care provider. If the employee provides written authorization, the
Personnel Officer will submit the information that the employee provides to the
City-paid health care provider who conducted the examination. The Personnel
Officer will request the City-paid health care provider to determine whether the
information alters the original fitness for duty assessment.
(f) Interactive Process Discussion – After receipt of both the health care
provider’s fitness for duty report, and the analysis of the employee’s personal
health care information (if any) the Personnel Officer will arrange for a discussion
or discussions, in person or via conference telephone call, with the employee and
his or her representatives, (if any). The purpose of the discussions will be in good
faith to fully discuss all feasible potential reasonable accommodations. During
the discussions, the Personnel Officer sources will also discuss, if relevant,
alternate available jobs for which the employee is qualified, or whether the
employee qualifies for disability retirement or family and medical leave.
7.g
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(g) Determination – After the discussions, the Personnel Officer will
review the information received, and determine whether additional discussions
with the employee are necessary, if there is a reasonable accommodation that
would enable the employee to perform essential job functions, or if the
accommodations would pose an undue hardship on City finances or operations.
The Personnel Officer will inform the employee of his or her determination. The
Personnel Officer will use his or her discretion based upon the particular facts of
each case.
7.g
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RESOLUTION NO. 2015 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE ADOPTING PERSONNEL RULES,
REGULATIONS AND POLICIES AND RESCINDING
RESOLUTION NO. 2014-070.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.24
of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created
in said Municipal Code Chapter; and,
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management; and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable
latitude shall be given to the City Manager in the interpretation and application of these rules so
that they are applied equitably; and,
WHEREAS, from time to time these rules must be revised due to changes in the best
practices in personnel management, and federal and state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Resolution No. 2014-070, which includes the City of Grand Terrace Personnel
Rules and Regulations, is hereby rescinded.
Section 2: The Personnel Rules and Regulations, attached hereto as Exhibit A, are hereby
adopted.
Section 3: All City rules, policies or regulations that contradict any provision of the
Personnel Rules and Regulations are hereby rescinded.
PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a
regular meeting held on the 14th day of April, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
7.h
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ATTEST:
Pat Jacquez-Nares
City Clerk
Darcy McNaboe
Mayor
APPROVED AS TO FORM:
________________________________
Richard L. Adams, II
City Attorney
I, PAT JACQUEZ-NARES, CITY CLERK of the City of Grand Terrace, do hereby certify that the
foregoing Resolution was introduced and adopted at a regular meeting of the City Council held on
the 14th day of April, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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RESOLUTION NO. 2015 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS
WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.24
of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created
in said Municipal Code Chapter; and,
WHEREAS, the objectives of the Statement of Benefits are to attract to municipal service the
best and most competent persons available and to provide for an equitable system of personnel
compensation; and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable
latitude shall be given to the City Manager in the interpretation and application of these benefits
so that they are applied equitably; and,
WHEREAS, from time to time these benefits must be revised due to budgetary changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Statement of Benefits, attached hereto as Exhibit A, are hereby adopted.
Section 2: All City rules, policies or regulations that contradict any provision of the
Statement of Benefits are hereby rescinded.
PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular
meeting held on the 14th day of April, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Pat Jacquez-Nares
City Clerk
Darcy McNaboe
Mayor
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APPROVED AS TO FORM:
________________________________
Richard L. Adams, II
City Attorney
I, PAT JACQUEZ-NARES, CITY CLERK of the City of Grand Terrace, do hereby certify that the
foregoing Resolution was introduced and adopted at a regular meeting of the City Council held on
the 14th day of April, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment IV
CLASS TITLE
(AUTHORIZED
POSITION)EMPLOYEE
LABOR
ALLOC.FUND ORGN SALARY BENEFITS TOTAL
PROPOSED
Public Works Director R42 47%General Fund 10-175 70,679 19,023 89,702
Public Works Director R42 53%Gas Tax Fund 16-175 81,013 21,934 102,947
151,692 40,957 192,649
AUTHORIZED
Senior Engineer Engineer, Saba 75%General Fund 10-175 70,679 19,023 89,702
Senior Engineer Engineer, Saba 25%Gas Tax Fund 16-175 23,560 6,341 29,901
94,239 25,364 119,603
INCREASE/(DECREASE)
Public Works Director R42 0%General Fund 10-175 (0) - (0)
Public Works Director R42 100%Gas Tax Fund 16-175 57,453 15,593 73,046
151,692 40,957 73,046
City of Grand Terrace
Proposed Public Works Director
Budgeted Position and Labor Allocation
* Request Gas Tax appropriation of $50,000 in FY2015-16 to cover additional salary increase
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Attachment V
CLASS TITLE
(AUTHORIZED
POSITION)EMPLOYEE
LABOR
ALLOC.FUND ORGN SALARY BENEFITS TOTAL
PROPOSED
Dir of Plng/Dev Svcs R40 76,657 35,003 111,660
Dir of Plng/Dev Svcs R40
65% General Fund 10-370
35% Succ. Agency 32-200 41,277 18,848 60,125
117,934 53,851 171,785
AUTHORIZED
Comm. Dev. Director Molina, Sandra 55%General Fund 10-370 64,864 29,618 94,482
Comm. Dev. Director Molina, Sandra 10%Gas Tax Fund 16-175 11,793 5,385 17,178
Comm. Dev. Director Molina, Sandra 35%Succ. Agency 32-200 41,277 18,848 60,125
117,934 53,851 171,785
INCREASE/(DECREASE)
Dir of Plng/Dev Svcs Molina, Sandra 55%General Fund 10-370 11,793 5,385 17,178 *
Dir of Plng/Dev Svcs Molina, Sandra 10%Gas Tax Fund 16-175 (11,793) (5,385) (17,178) **
Dir of Plng/Dev Svcs Molina, Sandra 35%Succ. Agency 32-200 0 - 0
(0) - (0)
*
**
City of Grand Terrace
Budgeted Position and Labor Allocation
Proposed Director of Planning & Development Services
The increase in use of General Fund funds for the Planning Director position is offset by the decrease in plan check services currently
outsourced to an engineering & plan check services consultant
The decrease in use of Gas Tax funds for the Planning Director position provides additional Gas Tax funding for the Public Works
Director position.
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Attachment VI
CLASS TITLE
(AUTHORIZED
POSITION)EMPLOYEE
LABOR
ALLOC.FUND ORGN SALARY BENEFITS TOTAL
PROPOSED
Building Official R32 (Part-time)100%General Fund 10-172 42,980 - 42,980
42,980 - 42,980
AUTHORIZED
Plan Check Services Consultant 100%General Fund 10-172 31,200 - 31,200
31,200 - 31,200
INCREASE/(DECREASE)
Building Official R32 (Part-time)100%General Fund 10-172 11,780 - 11,780
11,780 - 11,780
City of Grand Terrace
Budgeted Position and Labor Allocation
Proposed Building Official
* The increase in use of General Fund funds for the Part-time Building Official position is offset by the decrease in plan check services
currently outsourced to an engineering/plan check services consultant.
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Department/Division:
Re orts To:
Provides Direction To :
tion Status:
GENERAL PURPOSE
Director of Planning and
Development Services
Planning and Development
Services/ Administration
Building Official, planning technical and code
enforcement staff, and De artment Secreta
Exem t
At-Will
October 22, 2015
Under general direction of the City Manager, plans, directs, organizes, budgets, and
oversees the programs, projects, and operations of the Planning and Development
Services Department; directs planning, building and safety, and code enforcement; acts as
liaison to the City's Planning Commission; participates as a member of the City's Executive
Management Team; and performs other related duties as assigned.
DISTINGUISHING CHARACTERISTICS
The Director of Planning and Development Services is distinguished from the Senior
Planner by its broader scope of responsibility for department-wide programs and services,
greater range of external interfaces, budgetary accountability, direct reporting relationship
to the City Manager, and liaison role to the City Council, Planning Commission , and other
bodies.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
1. Directs, plans, manages, and evaluates the operations, programs, staffing, policies and
procedures of the Planning and Development Services Department; establishes,
prioritizes, and evaluates the attainment of community needs.
2. Supervises planning, building and safety, and code enforcement staff to ensure that
department strategic goals and objectives are being achieved; plans, prioritizes, and
assigns tasks and projects; monitors status reports and recommends appropiiate
actions.
Director of Planning and Development Services Page 1/5
ATTACHMENT VII
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ESSENTIAL FUNCTIONS (continued)
3. Parti cipates in meetings with architects, developers, realtors, consultants , residents,
and the City Manager and department heads; monitors technical documents for
accuracy, completeness , and compliance with federal, State, City and County statutes,
policies, and standards; conducts site inspections, as needed.
4. Meets with staff regularly to discuss and resolve work load and technical issues; provides
leadership regarding department strategies, resource requirements , and priorities .
5. Directs, prepares, and administers the departmental budget and related reporting ; and
reviews major land use , building and safety, code enforcement, and traffic issues with
staff, other managers, commissions, committees, and the City Manager and City Council.
6. Presents policies and recommendations , and acts as staff liaison to the City's Planning
Commission on department issues; provides direction on matters involving variances,
conditional use permits, zoning changes , specific plans , development agreements, and
other alterations in the General Plan , Zoning Code , and other codes and regulations.
7. Assures effective communication of planning, bu ilding and safety, and code
enforcement issues; coordinates with citizens' groups, advisory boards, and
commissions.
8. Represents the Planning and Development Services Department to other City
departments, elected officials, and outside agencies in meetings and conferences;
assures the integrity of Planning and Development Services Department work products,
processes, and procedures.
9. Oversees the administration of professional consulting services contracts.
10. Selects, trains , motivates, and evaluates staff; prepares and presents employee
performance evaluations; provides or coordinate staff training ; works with employees to
correct deficiencies ; recommends and implements disciplinary procedures in
consultation with Human Resources and the City Manager's Office.
11 . Participates as a member of the City's Executive Management Team .
Director of Planning and Development Services Page 2/5
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QUALIFICATIONS GUIDELINES
Knowledge of:
Theories, principles, and practices of urban planning, zoning, building and safety, and
community code enforcement; principles, standards, practices, information sources, and
trends in the fields of current and advance planning; California Environmental Quality Act,
California Subdivision Map Act, Uniform Building and Safety Codes, City Municipal
Ordinance, General Plan, County health and safety regulations, and planning and zoning
codes; land use planning, physical design, building construction, environmental design
standards, and social and economic factors; principles of statistics and demographics;
grants and contracts administration; theories of management; principles of project
management, program development, and administration; principles of employee
development, supervision, and evaluation .
Ability to:
Plan , organize, and direct departmental planning, economic development, and code
enforcement programs and services, including the work of staff and consultants; review and
approve projects and plans for conformance with laws, codes, regulations, and standards;
direct the compilation and presentation of staff, technical, and consulting reports ; analyze
plans, specifications and proposals and consider design issues and standards and make
appropriate recommendations; formulate and manage department budget; direct the
selection, training, supervision, coaching, evaluation, and disciplining of departmental
personnel; communicate effectively, both orally or in writing; operate modern office
equipment and computer hardware; use word processing, spreadsheet, and related software
applications; prepare and make presentations to the City Council, Planning Commission,
regional agencies, and advisory committees; establish and maintain effective working
relationships with staff, management, consultants , contractors, realtors, developers,
governmental officials , media, commissioners, and public and private representatives, and
others in the course of work.
Education!Training/Experience:
Bachelor's Degree from an accredited four-year college or university with a major in Urban
and Regional Planning , Geography, Public Administration or a related field is required. Five
years of responsible professional and managerial experience involving planning, zoning, and
community development matters within local government is required. A Master's Degree in
Urban Planning, Public Administration, or a related field is desirable .
Director of Planning and Development Services Page 3/5
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Licenses, Certificates; Special Requirements:
Certification by the American Institute of City Planners (AICP) or a related organization is
desirable.
Ability to attain a valid Class C California driver's license, acceptable driving record , and
proof of auto insurance in compliance with the City's Vehicle Insurance Policy standards.
Ability to work extended hours, including evenings, weekends, and holidays in order to
complete projects, and attend meetings and functions.
In accordance with California Government Code Section 3100, City of Grand Terrace
employees, in the event of a disaster, are considered disaster service workers and may be
asked to protect the health, safety, lives, and property of the people of the State.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit,
and occasionally to stand and walk. Finger dexterity and light grasping is required to
handle, feel, or operate computer hardware and standard office equipment; and reach
with hands and arms above and below shoulder level. The employee occasionally
bends, stoops, lifts, and carries records and documents, typically weighing less than 20
pounds.
Sensory demands include the ability to see within normal range , and talk, and hear,
and use electronic touch keypads.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral
and written communication skills; read and interpret data; thoroughly analyze and solve
problems; exercise sound judgment in the absence of specific guidelines; use math and
mathematical reasoning; establish priorities and work on multiple assignments and
projects concurrently and meet changing deadlines given interruptions; and interact
appropriately with staff, management, City officials, architects, developers, realtors,
contraetors, consultants , public and private representatives, and others in the course of
work.
Director of Planning and Development Services Page 4/5
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WORK ENVIRONMENT
The employee frequently works in office conditions with controlled temperature settings.
The noise level is moderate, typically below 70 decibels.
The employee occasionally drives to project sites and meetings and is subject to traffic,
variable weather conditions, and construction noise, and dust and debris.
Director of Planning and Development Services Page 5/5
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Department/Division:
Reports To:
Provides Direction To:
FLSA Exemption Status:
Date Prepared:
GENERAL PURPOSE
Director of Public Works/
City Engineer
Public Works/Administration
City Manaaer
Senior Civil Engineer, Maintenance Lead
Worker
Exempt
December 2, 2015
Under general direction of the City Manager, plans, directs, budgets, and oversees the
operations, projects, and services of the Public Works Department, including engineering
and maintenance services and capital projects; provides staff support to the City Council
and participates as a member of the City's Executive Management Team; and performs
other related duties as assigned.
DISTINGUISHING CHARACTERISTICS
The Director of Public Works/City Engineer is distinguished from the Senior Civil Engineer
and Maintenance Lead Worker by its broader scope of responsibility for department-wide
programs and services, greater range of external interfaces, budgetary accountability,
direct reporting relationship to the City Manager, and liaison role to the City Council.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that
may be performed. The omission of specific statements of duties does not exclude them
from the position if the work is similar, related, or a logical assignment to the class.
1. Directs, plans, manages, and evaluates the operations, programs, staffing, policies and
procedures of the Public Works Department; establishes, prioritizes, and evaluates the
attainment of community needs; monitors the condition of the City's infrastructure,
including streets, sidewalks, curbs, gutters, sanitary sewer system, storm drain system,
traffic control devices, buildings, and facilities for maintenance repair and replacement.
2. Supervises engineering, and maintenance staff to ensure that department strategic
goals and objectives are being achieved; plans, prioritizes, and assigns tasks and
projects; monitors status reports and recommends appropriate actions; administers
and/or oversees the management of a variety of design, construction, and maintenance
contracts and contractors to ensure compliance with performance and cost agreements.
Director of Public Works/City Engineer Page 1/4
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ESSENTIAL FUNCTIONS (continued)
3. Participates in meetings with architects, developers , realtors, consultants, residents,
and the City Manager and department heads; monitors technical documents for
accuracy, completeness, and compliance with federal, State , City and County statutes,
policies, and standards; conducts site inspections, as needed.
4. Meets with staff regularly to discuss and resolve work load and technical issues; provides
leadership regarding department strategies, resource requirements , and priorities.
5. Develops and implements the Department's Capital Improvement Program and
department budget ; directs the preparation of plans, specifications, cost estimates and
contract documents; oversees the administration of contracts; reviews and approves
payments and billings for contract services.
6. Plans, directs, coordinates, and review work plans for the Engineering Division;
provide technical direction to engineering staff and consultants relative to day-to-
day traffic engineering operational issues; acts as the Deputy City Traffic Engineer
and to provide in-house traffic engineering support to other departments; acts as
the City's liaison on Caltrans on transportation issues related to the roadway
system, freeway interchanges and other public transportation programs in the City.
7. Administers Subdivision Map Act requirements for development; provides
administrative and technical direction to the City's contract Land Surveyor relative
to the review and approval of Tract and Parcel Maps.
8. Oversees conditions of approval on development projects; and provides technical
oversight for inspection of private improvement projects in public right-of-way.
9. Prepares and negotiates cooperative agreements with other jurisdictions and agencies
for cooperative projects; administers the refuse and recycling contracts for
residential refuse collection; monitors commercial hauling and ensures City
compliance of AB 939 requirements.
10. Oversees the maintenance on all City and park facilities.
11. Represents the Public Works Department to other City departments, elected officials,
and outside agencies in meetings and conferences.
12. S~lects , trains , motivates, and evaluates staff; prepares and presents employee
performance evaluations; provides or coordinate staff training; works with employees to
correct deficiencies; recommends and implements disciplinary procedures in
consultation with City Manager's Office.
13. Participates as a member of the City's Executive Management Team.
Director of Public Works/City Engineer Page 2/4
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QUALIFICATIONS GUIDELINES
Knowledge of:
Theories, principles , and practices of infrastructure design and public works; principles of
engineering, public works contracts administration; of project management and program
development; principles of employee supervision and evaluation .
Ability to:
Plan , organize, and direct departmental engineering, , and maintenance services , including
the work of staff and consultants; review and approve infrastructure projects in the public
right of way and plans for conformance with laws, codes, regulations , and standards; direct
the compilation and presentation of staff, technical, and consulting reports; analyze plans ,
specifications and proposals and consider design issues and standards and make
appropriate recommendations; formulate and manage department budget; research,
analyze, and evaluate new service delivery methods, procedures, and techniques ; the
selection, training, supervision , coaching, evaluation, and disciplining of departmental
personnel; communicate effectively, both orally or in writing; operate modern office
equipment and computer hardware; use word processing, spreadsheet, and related software
applications; prepare and make presentations to the City Council, regional agencies, and
advisory committees; establish and maintain effective working relationships with staff,
management, consultants , contractors, developers, governmental officials, and public and
private representatives, and others in the course of work.
Education!Training/Experience:
Bachelor's Degree from an accredited four-year college or university with a major in Civil
Engineering or a related field is required. Five years of responsible professional and
managerial experience involving engineering, capital improvement budgeting, and public
works maintenance projects is required . Certificate as a Traffic Engineer, Land Surveyor
and/or Building Official is highly desirable.
Licenses, Certificates; Special Requirements:
Licensed as Professional Engineer by the State of California.
Ability to attain a valid Class C California driver's license, acceptable driving record , and
proof of auto insurance in compliance with the City's Vehicle Insurance Policy standards.
Ability to work extended hours to attend meetings and meet engineering project deadlines.
In accordance with California Government Code Section 3100, City of Grand Terrace
employees, in the event of a disaster, are considered disaster service workers and may be
asked to protect the health, safety, lives, and property of the people of the State.
Director of Public Works/City Engineer Page 3/4
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PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must
be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to enable individuals with disabilities to
perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and
occasionally to stand and walk. Finger dexterity and light grasping is required to handle,
feel, or operate computer hardware and standard office equipment; and reach with hands
and arms above and below shoulder level. The employee occasionally bends, stoops,
lifts, and carries records and documents, typically weighing less than 20 pounds.
Sensory demands include the ability to see within normal range, and talk, and hear, and
use electronic touch keypads.
Mental Demands
While performing the duties of this class , the employee is regularly required to use oral
and written communication skills; read and interpret data; thoroughly analyze and solve
problems; exercise sound judgment in the absence of specific guidelines; use math and
mathematical reasoning; establish priorities and work on multiple assignments and
projects concurrently and meet changing deadlines given interruptions; and interact
appropriately with staff, management, City officials, architects, developers, contractors,
consultants, public and private representatives, and others in the course of work.
WORK ENVIRONMENT
The employee frequently works in office conditions with controlled temperature settings .
The noise level is moderate, typically below 70 decibels.
The employee occasionally drives to project sites and meetings and is subject to traffic,
variable weather conditions, and construction noise, and dust and debris. The noise can
be loud at construction sites, typically between 80 and 90 decibels with background
construction and power machinery.
Director of Public Works/City Engineer Page 4/4
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ATTACHMENT VIII
RESOLUTION NO. 2015- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, RESCINDING
RESOLUTION 2015-21 AND ESTABLISHING NEW
CLASSIFICATION/SALARY RANGES FOR THE
EMPLOYEES OF THE CITY OF GRAND TERRACE
WHEREAS, the City Council of the City of Grand Terrace has determined the
need to add the salary ranges for the Director of Planning and Development Services
and the Director of Public Works positions;
NOW THEREFORE , the City Council of the City of Grand Terrace DOES
HEREBY RESOLVE, DETERMINE, AND ORDER THE FOLLOWING:
SECTION 1. Rescission - That Resolution No. 2015-21 is hereby rescinded in
its entirety, effective February 29, 2016.
SECTION 2. Classifications/Salary Ranges - That the job classifications and
salary ranges shown as Attachment A are hereby established for employees of the
City of Grand Terrace, and said salary ranges shall be effective March 1, 2016
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Resolution, and it shall take effect immediately and be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 12th day of January, 2016.
Darcy McNaboe, Mayor
ATTEST:
Pat Jacquez-Nares City Clerk
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I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify
that the foregoing Resolution was introduced and adopted at a regular meeting of the
City Council of the City of Grand Terrace held on the 12th day of January, 2016 by
the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Pat Jacquez-Nares City Clerk
APPROVED AS TO FORM
Richard L. Adams II City Attorney
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City of Grand Terrace
Classification and Salary Range Schedule
Classification Grade MONTHLY
Step Step Step Step Step
A B C D E
Intern R10 $2,182.20 $2,291.31 $2,405.88 $2,526.17 $2,652.48
Office Assistant R11 $2,291.62 $2,406.20 $2,526.51 $2,652.84 $2,785.48
Maintenance Worker I R13 $2,526.10 $2,652.41 $2,785.03 $2,924.28 $3,070.49
Office Specialist R13 $2,526.10 $2,652.41 $2,785.03 $2,924.28 $3,070.49
Maintenance Worker II R15 $2,785.59 $2,924.87 $3,071.11 $3,224.67 $3,385.90
Finance Technician R17 $3,071.65 $3,225.23 $3,386.50 $3,555.82 $3,733.61
Department Secretary R18 $3,224.84 $3,386.08 $3,555.39 $3,733.16 $3,919.82
Maintenance Crew Lead R19 $3,385.85 $3,555.14 $3,732.90 $3,919.54 $4,115.52
Planning Technician R19 $3,385.85 $3,555.14 $3,732.90 $3,919.54 $4,115.52
Human Resources
Technician R20 $3,554.67 $3,732.41 $3,919.03 $4,114.98 $4,320.73
Senior Finance Technician R20 $3,554.67 $3,732.41 $3,919.03 $4,114.98 $4,320.73
Building Permit Technician R21 $3,732.88 $3,919.52 $4,115.50 $4,321.27 $4,537.33
Code Enforcement
Specialist R21 $3,732.88 $3,919.52 $4,115.50 $4,321.27 $4,537.33
Executive Assistant R22 $3,918.89 $4,114.84 $4,320.58 $4,536.61 $4,763.44
Senior Code Enforcement
Officer R24 $4,320.63 $4,536.66 $4,763.50 $5,001.67 $5,251.76
Financial Analyst R24 $4,320.63 $4,536.66 $4,763.50 $5,001.67 $5,251.76
Human Resources Analyst R24 $4,320.63 $4,536.66 $4,763.50 $5,001.67 $5,251.76
Management Analyst R24 $4,320.63 $4,536.66 $4,763.50 $5,001.67 $5,251.76
Associate Planner R27 $5,002.18 $5,252.29 $5,514.90 $5,790.65 $6,080.18
Principal Accountant R27 $5,002.18 $5,252.29 $5,514.90 $5,790.65 $6,080.18
Building Official R32 $6,384.03 $6,703.23 $7,038.39 $7,390.31 $7,759.83
City Clerk R33 $6,702.92 $7,038.07 $7,389.97 $7,759.47 $8,147.44
Senior Civil Engineer R34 $7,039.00 $7,390.95 $7,760.50 $8,148.53 $8,555.95
Finance Director R38 $8,555.29 $8,983.05 $9,432.21 $9,903.82 $10,399.01
Planning & Development
Services Dir. R40 $9,432.96 $9,904.60 $10,399.83 $10,919.83 $11,465.82
Community Development
Director R42 $10,399.84 $10,919.84 $11,465.83 $12,039.12 $12,641.07
Public Works Director R42 $10,399.84 $10,919.84 $11,465.83 $12,039.12 $12,641.07
Assistant City Manager R43 $10,918.82 $11,464.76 $12,038.00 $12,639.90 $13,271.89
City Manager is hired under contract.
ATTACHMENT A
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City of Grand Terrace
Classification and Salary Range Schedule
Classification Grade HOURLY
Step Step Step Step Step
A B C D E
Intern R10 $12.5896 $13.2191 $13.8801 $14.5741 $15.3028
Office Assistant R11 $13.2209 $13.8819 $14.5760 $15.3048 $16.0701
Maintenance Worker I R13 $14.5737 $15.3023 $16.0675 $16.8708 $17.7144
Office Specialist R13 $14.5737 $15.3023 $16.0675 $16.8708 $17.7144
Maintenance Worker II R15 $16.0707 $16.8742 $17.7180 $18.6038 $19.5340
Finance Technician R17 $17.7211 $18.6071 $19.5375 $20.5143 $21.5401
Department Secretary R18 $18.6049 $19.5351 $20.5119 $21.5375 $22.6143
Maintenance Crew Lead R19 $19.5338 $20.5104 $21.5360 $22.6128 $23.7434
Planning Technician R19 $19.5338 $20.5104 $21.5360 $22.6128 $23.7434
Human Resources
Technician R20 $20.5077 $21.5331 $22.6098 $23.7403 $24.9273
Senior Finance Technician R20 $20.5077 $21.5331 $22.6098 $23.7403 $24.9273
Building Permit Technician R21 $21.5358 $22.6126 $23.7432 $24.9304 $26.1769
Code Enforcement
Specialist R21 $21.5358 $22.6126 $23.7432 $24.9304 $26.1769
Executive Assistant R22 $22.6090 $23.7395 $24.9264 $26.1728 $27.4814
Senior Code Enforcement
Officer R24 $24.9267 $26.1731 $27.4817 $28.8558 $30.2986
Financial Analyst R24 $24.9267 $26.1731 $27.4817 $28.8558 $30.2986
Human Resources Analyst R24 $24.9267 $26.1731 $27.4817 $28.8558 $30.2986
Management Analyst R24 $24.9267 $26.1731 $27.4817 $28.8558 $30.2986
Associate Planner R27 $28.8587 $30.3017 $31.8167 $33.4076 $35.0780
Principal Accountant R27 $28.8587 $30.3017 $31.8167 $33.4076 $35.0780
Building Official R32 $36.8310 $38.6725 $40.6061 $42.6364 $44.7683
City Clerk R33 $38.6707 $40.6042 $42.6344 $44.7662 $47.0045
Senior Civil Engineer R34 $40.6096 $42.6401 $44.7721 $47.0107 $49.3613
Finance Director R38 $49.3574 $51.8253 $54.4166 $57.1374 $59.9943
Planning & Development
Services Dir. R40 $54.4209 $57.1419 $59.9990 $62.9990 $66.1489
Community Development
Director R42 $59.9991 $62.9991 $66.1490 $69.4565 $72.9293
Public Works Director R42 $59.9991 $62.9991 $66.1490 $69.4565 $72.9293
Assistant City Manager R43 $62.9932 $66.1429 $69.4500 $72.9225 $76.5686
City Manager is hired under contract.
ATTACHMENT A
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Classification Grade MONTHLY
Step Step Step Step Step
____________________________A B C D E
Plng & Dev Svcs Dir R40 $9,432.96 $9,904.60 $10,399.83 $10,919.83 $11,465.82
Public Works Director R42 $10,399.84 $10,919.84 $11,465.83 $12,039.12 $12,641.07
Classification Grade HOURLY (Step increase at 5% increments)
Step Step Step Step Step
____________________________A B C D E
Plng & Dev Svcs Dir R40 $54.4209 $57.1419 $59.9990 $62.9990 $66.1489
Public Works Director R42 $59.9991 $62.9991 $66.1490 $69.4565 $72.9293
City of Grand Terrace
Classification and Salary Range Schedule
EXHIBIT 1 10.h
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NAME OF SURVEY AGENCY
City of Beaumont
City of Calimesa
City of Colton
City of Diamond Bar
City of Highland
City of La Verne
City of Lake Elsinore
City of Loma Linda
City of Moreno Valley
City of Norco
City of Perris
City of Redlands
City of Rialto
City of Yucaipa
City of Grand Terrace
., ...... .t ' --
City of Grand Terrace
Compensation Survey
Dir Ping & Dev Srvcs
November 2015
JOB
Benchmark Job Classification MODIFIER
Not Comparable
Not Comparable
Not Comparable
Community Development Director =
Not Comparable
Not Comparable
Not Comparable
Community Development Director =
Community Development Director >
Planning Director <
Not Comparable
Not Comparable
Not Comparable
Director of Planning =
Director of Planning & Development
Services
Local Labor Market Prevailing Rate =
CalPACS Prevaiing Rate For Contract Cities=
.,.. --· ·~ ·-···---·;· --"'' . " I• .. ... ! . . ...
' . . . . .
SALARY RANGE
RANGE MINIMUM/ RANGE MAXIMUM/ EFFECTIVE
ENTRY STEP TOP STEP DATE
$10,236 $13,717 7 /1 /1 5
$9,186 $12,318 7 /1 /1 5
$10,651 $16,964 11/13/1 3
$7,407 $9,004 07/01/15
$9,161 $11 ,441 7/1/1 5
New
Survey Mean Max = $12,689
Survey Mean Max = $11 ,500
EXHIBIT 2 10.h
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NAME OF SURVEY AGENCY
City of Beaumont
City of Calimesa
City of Colton
City of Diamond Bar
City of Highland
City of La Verne
City of Lake Elsinore
City of Loma Linda
City of Moreno Valley
City of Norco
City of Perris
City of Redlands
City of Rialto
City of Yucaipa
City of Grand Terrace
City of Grand Terrace
Compensation Survey
Dir PW City Engineer
November 2015
-···
JOB
Benchmark Job Classification MODIFIER
City Engineer/Public Works Director =
Not Comparable
Public Works Director =
City Engineer/Public Works Director =
Public Works Director/City Engineer =
Not Comparable
Director of Public Works/City Engineer =
Community Development Director =
Public Works Director/City Engineer >
Public Works Director
Not Comparable
Dir of Municipal Utilities & Engineering
Dir of Municipal Utilities & Engineering
Dir of Municipal Utilities & Engineering
Director of Public Works/City Engineer
Grand Terrace vs. Survey Mean Max Rate=
.. City of Yucaipa -No engineering responsb1l1ty
... . ''. . . .. . .. ·. I " . . .
I • SALARY RANGE
RANGE MINIMUM/ RANGE MAXIMUM/ EFFECTIVE
ENTRY STEP TOP STEP . DATE
$13,905 $17,798 1 /1 /14
$14,839 $14,839 6/1 6/1 5
$10,491 $14,060 7 /1 /1 5
$9,448 $11,484 7 /1 /15
$10,277 $13,116 7 /1 /15
$9,921 $13,304 7 /1 /15
$11,450 $18,236 11/13/13
$8,328 $10,123 7/1 /15
$12,416 $15,093 7 /1 /15
$10,776 $14,441 7 /1 /15
$9,166 $11,441 7 /1 /15
New No range
Survey Mean Max = $13,994
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Attachment IX
Fund Balance & Approved/Proposed Gas Tax Appropriations
Description City Council
Approval Date Amount
Estimated Fund Balance, June 30, 2015 $437,364
Project Management Services (Interwest)9/8/2015 (68,230)
Street Maintenance Services (Roquet Paving 10/27/2015 (50,000)
Adjusted Gas Tax Fund Balance $319,134
Proposed Additional Appropriations
Maintenance Citywide Trees (Tree Pros)12/8/2015 (15,000)
Additional Salary Appropriation for PW Director Position 12/8/2015 (73,000)
Less: Savings form reclassficiation of CDD Director position 17,200
(55,800)
Revised Gas Tax Balance $248,334
City of Grand Terrace
Gas Tax Fund
FY2015-16
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ATTACHMENT X
RESOLUTION NO. 2015-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AMENDING THE ADOPTED ANNUAL
BUDGET FOR FISCAL YEAR 2015-2016
WHEREAS, The City’s Annual Budget for Fiscal Year 2015-2016 was adopted
during a regularly scheduled City Council meeting on June 23, 2015; and
WHEREAS, the said FY2015-16 Adopted Budget contains the Fiscal Year 2015-
16 Authorized Summary of Positions; and
WHEREAS, the said Fiscal Year 2015-16 Authorized Summary of Positions
contains all authorized positions in the City required to provide government services to
the community; and
WHEREAS, the City Council has made such revisions to the Fiscal Year 2015-16
Authorized Summary of Positions contained in the FY2015-16 Adopted Budget as so
desired; and
WHEREAS, the Proposed Amendment to the FY2015-16 Authorized Summary of
Positions conforms with the City’s 2030 Vision and 2014-2020 Strategic Plan; and
WHEREAS, the Proposed Amendment to the FY2015-16 Authorized Summary of
Positions, as herein approved, will enable the City Council to make adequate financial
plans and will ensure that City officers can administer their respective functions in
accordance with such plans; and
WHEREAS, the Proposed Amendment will be creating two new department head
positions of Director of Planning and Development Services and Director of Public
Works which are at-will positions pursuant to Grand Terrace Municipal Code Section
2.24.020(E).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Authorized Summary of Positions as contained in the FY2015-
16 Adopted Budget, is hereby amended as set forth in Attachment A to this Resolution
and is approved and adopted as part of the Annual Budget of the City of Grand Terrace
for Fiscal Year 2015-2016, and said amendment shall become effective on March 1,
2016.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
Resolution, and it shall take effect immediately and be in full force and effect.
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PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a
regular meeting held on the 12th day of January, 2016 by the following vote:
Mayor of the City of Grand Terrace
and the City Council thereof
ATTEST:
City Clerk of the City of Grand Terrace
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I, PAT JACQUES-NARES, CITY CLERK of the City of Grand Terrace, California, do
hereby certify that the foregoing Resolution was adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of January, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Pat Jacques-Nares, City Clerk
APPROVED AS TO FORM:
City Attorney
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City of Grand Terrace
FY 2015-16 Authorized Summary of Positions
Position 2014-15 2015-16 2015-16 2015-16
Increase
(Decrease)
over(under)
2015-16
Adopted
Projected Adopted
Proposed
Revisions Revised
Elected and Appointed Officials
1 Council Members 5.0 5.0 - 5.0 0.00%
2 Planning Commissioners 5.0 5.0 - 5.0 0.00%
Total 10.0 10.0 - 10.0 0.00%
City Hall
1 Accounting Technician 1.0 -
-
2 Administrative Intern - P/T 1.0 1.0
1.0 0.00%
3 Assistant to the City Manager - -
-
4 Building & Safety Technician II 1.0 1.0
1.0 0.00%
5 Building & Safety/PW Director - -
-
6 Building Official - - 0.5 0.5
7 City Clerk 1.0 1.0
1.0 0.00%
8 City Manager 1.0 1.0
1.0 0.00%
9 Code Enforcement Specialist - - 0.5 0.5
10 Community Development Director 1.0 1.0 (1.0) - 0.00%
11 Community & Econ. Dev. Director - -
-
12 Deputy City Clerk - -
-
13 Deputy Community Dev Director - -
-
14 Executive Assistant 1.0 1.0
1.0 0.00%
15 Finance Director - -
-
16 Human Resources Technician 0.5 0.5
0.5 0.00%
17 Maintenance Crew Leader 1.0 1.0
1.0 0.00%
18 Maintenance Worker 2 2.0 2.0
2.0 0.00%
19 Maintenance Worker 3 - -
-
20 Management Analyst 1.0 1.0
1.0 0.00%
21 MIS Specialist 1.0 -
-
22 Parks & Field Assistant - -
-
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City of Grand Terrace
FY 2015-16 Authorized Summary of Positions
Position 2014-15 2015-16 2015-16 2015-16
Increase
(Decrease)
over(under)
2015-16
Adopted
Projected Adopted
Proposed
Revisions Revised
23
Planning & Development Services
Director - - 1.0 1.0
24 Planning Technician 0.5 0.5
0.5 0.00%
25 Public Works Director - - 1.0 1.0
26 Secretary 1.0 1.0
1.0 0.00%
27 Senior Accounting Technician - -
-
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29 Senior Planner - -
-
30 Sr. Code Enforcement Officer 1.0 1.0 - 1.0 0.00%
Total 16.0 14.0 1.0 15.0 7.14%
Child Care Services
1 Child Care Services Director 1.0 1.0 - 1.0 0.00%
2 Assistant Child Care Director 2.0 2.0 - 2.0 0.00%
3 Lead Teacher 3.0 3.0 - 3.0 0.00%
4 Teacher 14.0 14.0 - 14.0 0.00%
5 Teaching Assistant 3.0 3.0 - 3.0 0.00%
6 Substitute Teacher (P/T) 2.0 2.0 - 2.0 0.00%
7 Cook 1.0 1.0 - 1.0 0.00%
Total 26.0 26.0 - 26.0 0.00%
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Economic Development Incentive Agreement with
OneSource Distributors
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: 1. Authorize the City Manager to Negotiate the
Economic Development Incentive (EDI) Package with
OneSource Distributors and
2. Set a Public Hearing to comply with Government
Code 53083 for January 26, 2016.
2030 VISION STATEMENT:
This staff report supports the following City Council Goals:
Goal #1 - Ensure Our Fiscal Viability - Identify Additional Revenue Sources
Goal #3 - Promote Economic Development - Develop Proactive Economic Development
Plan to Attract New Businesses
BACKGROUND:
OneSource Distributors is a wholesale distributor of electrical products, automation
controls, and industrial supplies. with 17 locations serving San Diego, Los Angeles and
all of southern California, Nevada, Arizona, Hawaii, and Mexico. OneSource has a
regional sales office in Grand Terrace that generates about $30,000,000 in sales, of
which the City receives 1% of the revenue via sales taxes. OneSource recently changed
their business model. The current location on 22075 Commerce Way is a large
warehouse with office space, OneSource new business model includes regional
distribution centers (in California, those centers are located in San Diego and Garden
Grove).
Therefore the current facility in Grand Terrace is too large for OneSource’s current need
to house office sales staff and a walk in retail center to fill small local orders. However,
OneSource has been unable to find suitable alternative within the City. In addition, the
lease on the existing building is significantly above the current market rate. The rate is
so high, OneSource can sublease its existing building and move to an alternative
location and increase its bottom line.
DISCUSSION:
The City of Grand Terrace receives approximately $1,000,000 a year in sales taxes.
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The following are examples of sales tax revenue generated by business types:
1. A successful coffee shop generates about $1,000,000 in annual sales.
2. A fast food chain would generate about $2,500,000 in annual sales.
3. A grocery store may generate $10,000,000 in annual sales.
4. And the most coveted type of business “Big Box Store” would generate
approximately $20,000,000 in annual sales.
Therefore cities continue to chase certain types of businesses to not only provide
convenience to residents but to insure a sound tax base to support vital programs like
law enforcement, parks and infrastructure.
The City of Grand Terrace must develop economic development strategies to not only
entice new businesses to locate within the City of Grand Terrace, but it must also focus
on retention and growth of existing businesses. OneSource is the City’s largest sales
tax generator. The loss of OneSource would significantly impact the City’s financial
future. The overall sales tax currently generated by OneSource is equivalent to 25
coffee shops, 10 fast food restaurants, 3 grocery stores or two big box stores.
The City Manager and Finance Director recently met with OneSource’s Regional Sales
Manager and Chief Financial Officer. OneSource likes Grand Terrace, most of its
current employees (16) live in the City of Grand Terrace and OneSource has indicated
that they would like to stay in the City. Because it is beneficial for the City to keep
OneSource within the City, staff believes an economic development package can be
developed to retain OneSource within the City and lead to future expansion.
The parameters of an Economic Development Incentive (EDI) package would include
financial assistance to OneSource for an 18 month period to mitigate the above market
rate lease at the existing location. The EDI package will allow OneSource to remain in
its existing facility (or sublease the facility and move to a new location within the City).
The EDI package would also call for OneSource to work with the City for a new
permanent location within the City of Grand Terrace. In addition, state law (Government
Code Section 53083) requires any economic development agreement above $100,000
be noticed in a public hearing.
Staff developed a draft EDI within the parameters listed in this report, which OneSource
is currently reviewing. If the City Council directs the City Manager to continue
negotiations with OneSource and return with an 18 month EDI that does not exceed
$180,000. Staff believes that an EDI package can be presented to the Council on
January 26, 2016.
FISCAL IMPACT:
No fiscal impact for this report. However, without the EDI, the City would lose a
significant amount in annual sales taxes.
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APPROVALS:
G. Harold Harold Duffey Completed 01/06/2016 5:42 PM
Finance Completed 01/06/2016 6:47 PM
City Attorney Completed 01/06/2016 5:54 PM
City Manager Completed 01/07/2016 2:13 PM
City Council Pending 01/12/2016 6:00 PM
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AGENDA REPORT
MEETING DATE: January 12, 2016 Council Item
TITLE: Adopt Urgency Ordinance and Introduce a Second
Ordinance Amending Title 10 to Add Section 10.04.462 to
the Grand Terrace Municipal Code
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1) Read by title only, waive further reading and Adopt AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT
TO SECTION 36937 OF THE CALIFORNIA
GOVERNMENT CODE BY ADDING SECTION 10.04.462
TEMPORARY NO PARKING TO TITLE 10 OF THE
GRAND TERRACE MUNICIPAL CODE FOR THE
IMMEDIATE PRESERVATION OF THE PUBLIC PEACE,
HEALTH AND SAFETY
2) Read by title only, waive further reading and Introduce
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, ADDING SECTION
10.04.462 TEMPORARY NO PARKING TO TITLE 10 OF
THE GRAND TERRACE MUNICIPAL CODE
2030 VISION STATEMENT:
This staff report supports Goal #2, Promote Public Safety and the City’s Mission: To
preserve and protect our community and its exceptional quality of life through thoughtful
planning, within the constraints of fiscally responsible government.
BACKGROUND:
In anticipation of the winter season, the City has taken a number of measures to
prepare. Maintenance crews have cleared city drainage channels, basins and storm
culverts; and have cleared the roofs and rain gutters of city buildings. Underground
storm drain lines within Mount Vernon were video inspected and two lines were flushed
out. Sandbags were been placed in areas of the City, where warranted. City Staff met
several times with representatives of San Bernardino County Fire and Sheriff’s
Departments to discuss the winter season and anticipate issues that may arise.
DISCUSSION:
Due to the City’s geography, roadways within the City periodically carry storm water at
substantial volumes and velocity of water. When vehicles are parked on the street, the
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storm water hits the tires of the parked vehicles and is re-directed, often times onto
private property. An area of particular concern is Pico Street; however, there may be
other street segments where this occurs, depending on the intensity of the storm.
In an effort to control this situation from happening, Staff is recommending that the
Council adopt an ordinance establishing temporary no parking provisions in the
Municipal Code. The ordinance authorizes the City Manager, to delcare a no parking
safety zone when the City Manager determines there is a threat to public health and
safety. Upon such designation, the City Manager is authorized to place temporary no
parking signs indicating no parking on any portion of a City street when such parking
would create a hazardous situation. The ordinance also includes signage requirements
and authority for enforcement and violations.
This would allow, when significant rain events are expected, such as when the National
Weather Service (National Oceanic and Atmospheric Administration) issues an alert of
heavy rain, or flood watches/warnings, the City Manager to place temporary no parking
signs on city streets, when warranted.
FISCAL IMPACT:
Additional signs would need to be purchased; however, the cost of such signs would be
covered in the existing budget.
ATTACHMENTS:
Urgency No Parking Ordinance 1.7.2016 (DOC)
No Parking Ordinance 1.7.2016 (DOC)
APPROVALS:
Sandra Molina Completed 01/07/2016 3:52 PM
Finance Completed 01/07/2016 3:53 PM
City Attorney Completed 01/07/2016 4:09 PM
Community Development Completed 01/07/2016 4:12 PM
City Manager Completed 01/07/2016 4:22 PM
City Council Pending 01/12/2016 6:00 PM
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1
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, PURSUANT TO SECTION 36937 OF
THE CALIFORNIA GOVERNMENT CODE BY ADDING SECTION
10.04.462 TEMPORARY NO PARKING TO TITLE 10 OF THE GRAND
TERRACE MUNICIPAL CODE FOR THE IMMEDIATE PRESERVATION
OF THE PUBLIC PEACE, HEALTH AND SAFETY
WHEREAS, the City of Grand Terrace (“City”) has adopted a General Plan,
including Land Use and Public Health and Safety Elements; and
WHEREAS, the public health, safety and welfare is fully articulated in the City’s
General Plan; and
WHEREAS, Government Code Section 36937 provides for the adoption of an
urgency ordinance for certain expressed purposes and by a vote of four-fifths (4/5)
majority of the voting City Council members.
WHEREAS, this urgency ordinance is based on the following facts:
1. The City of Grand Terrace has the authority, under its police power, to
enact regulations for the public peace, morals, and welfare of the City;
and
2. Due to the City’s geography, roadways within the City periodically carry
storm water at substantial volumes and velocity of water, which has the
potential to impact private properties when such storm water strikes
obstructions such as parked vehicles; and
3. Due to predictions of a significant El Niño event this winter season which
makes it imperative to establish the City’s authority to establish no parking
restrictions on City roadways.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS
URGENCY ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 36937 AS FOLLOWS:
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SECTION 1. Title 10 of the Grand Terrace Municipal Code is amended by adding a
Section 10.04.462 to read as follows:
“Section 10.04.462 – Temporary No Parking
A. City council's designation of authority to designate a temporary no parking area.
When, in the determination of the City Manager or his or her designee, parking upon
any street or highway within its jurisdiction, or any portion thereof, would create a
threat to or detrimental impact upon the public health and safety, the City Manager
is authorized to designate a temporary no parking safety zone upon the street or
highway, or portion thereof, where the threat exists. Parking shall be prohibited
within the designated no parking safety zone, effective immediately upon such
determination by the City Manager, or designee, and the posting of signs providing
notice thereof.
B. Sign posting and enforcement authority.
Upon the designation of a no parking safety zone, The city manager shall post
temporary no parking signs in a manner provide adequate notice of the no parking
restriction and the city police department is empowered to enforce these restrictions
pursuant to Sections 22500 and 22507 of the California Vehicle Code.
C. Sign construction.
The temporary no parking signs shall be of distinctive color, bearing the words
“temporary no parking zone," and shall be placed not less than 100 feet apart within
the affected area, and shall be not less than twenty-four inches above the ground.
D. Violation deemed infraction.
Violations of this chapter shall constitute an infraction punishable by a fine of not
less than fifty dollars dollars.
E. Violation—Towing of vehicles.
Vehicles in violation of this chapter may be towed at the owner's expense.”
SECTION 2. URGENCY CLAUSE. The City Council finds and declares that this
ordinance is required for the immediate protection of the public health, safety and
welfare as previously stated in this ordinance, and that this ordinance shall become
effective immediately upon its adoption and will continue in full force and effect in
accordance with Government Code 36937.
SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
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CEQA guidelines, and the City’s environmental procedures, and has been found to be
exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in
that the City Council hereby finds that it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective immediately from and after its passage.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Approved as to form:
____________________________
Richard L. Adams, II
City Attorney
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I, _____________, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of January, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
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1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING SECTION 10.04.462 TEMPORARY
NO PARKING TO TITLE 10 OF THE GRAND TERRACE MUNICIPAL
CODE
WHEREAS, the City of Grand Terrace (“City”) has adopted a General Plan,
including Land Use and Public Health and Safety Elements; and
WHEREAS, the public health, safety and welfare is fully articulated in the City’s
General Plan; and
WHEREAS, the City of Grand Terrace has the authority, under its police power,
to enact regulations for the public peace, morals, and welfare; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AND ADOPT AS FOLLOWS:
SECTION 1. Title 10 of the Grand Terrace Municipal Code is amended by adding a
Section 10.04.462 to read as follows:
“Section 10.04.462 – Temporary No Parking
A. City council's designation of authority to designate a temporary no parking area.
When, in the determination of the City Manager or his or her designee, parking upon
any street or highway within its jurisdiction, or any portion thereof, would create a
threat to or detrimental impact upon the public health and safety, the City Manager
is authorized to designate a temporary no parking safety zone upon the street or
highway, or portion thereof, where the threat exists. Parking shall be prohibited
within the designated no parking safety zone, effective immediately upon such
determination by the City Manager, or designee, and the posting of signs providing
notice thereof.
B. Sign posting and enforcement authority.
Upon the designation of a no parking safety zone, The city manager shall post
temporary no parking signs in a manner provide adequate notice of the no parking
restriction and the city police department is empowered to enforce these restrictions
pursuant to Sections 22500 and 22507 of the California Vehicle Code.
C. Sign construction.
The temporary no parking signs shall be of distinctive color, bearing the words
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“temporary no parking zone," and shall be placed not less than 100 feet apart within
the affected area, and shall be not less than twenty-four inches above the ground.
D. Violation deemed infraction.
Violations of this chapter shall constitute an infraction punishable by a fine of not
less than fifty dollars dollars.
E. Violation—Towing of vehicles.
Vehicles in violation of this chapter may be towed at the owner's expense.”
SECTION 2. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City’s environmental procedures, and has been found to be
exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in
that the City Council hereby finds that it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
SECTION 3. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 4. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective thirty (30) days from and after its adoption.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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3
Approved as to form:
____________________________
Richard L. Adams, II
City Attorney
I, _____________, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 12th day of January, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
12.b
Packet Pg. 438
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