01/26/2016CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JANUARY 26, 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 26, 2016
City of Grand Terrace Page 2
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 12/08/2015
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Regular Meeting – 01/12/2016
DEPARTMENT: CITY CLERK
4. Approval of Check Register No. 12312015 in the Amount of $806,448.03
RECOMMENDATION:
Approve Check Register No. 12312015 in the amount $806,448.03, as submitted, which
includes the Check Register Account Index for Fiscal Year 2015-16.
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
Agenda Grand Terrace City Council January 26, 2016
City of Grand Terrace Page 3
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.
5. Continuation of the Economic Development Incentive Agreement with OneSource
Distributors
RECOMMENDATION:
Open and Continue the Public Hearing to the February 23, 2016 City Council Meeting.
DEPARTMENT: CITY MANAGER
F. UNFINISHED BUSINESS
6. Adoption of 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:
Read by Title Only, Waive Further Reading and Adopt Ordinance No. 288, 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
7. Adoption of an Ordinance Amending Title 15 (Buildings and Construction) Establishing
Chapter 15.62 Floodplain Management
RECOMMENDATION:
Read by Title Only, Waive Further Reading and Adopt Ordinance No. 290, 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 26, 2016
City of Grand Terrace Page 4
8. Adoption of a Municipal Code Amendment Amending Title 10 Vehicles and Traffic to
Add Section 10.04.462 to the Grand Terrace Municipal Code
RECOMMENDATION:
Read by Title Only, Waive Further Reading and Adopt Ordinance No. 292, 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
G. NEW BUSINESS
9. Adoption of a Resolution of Support for Cradle to Career Roadmap
RECOMMENDATION:
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE IN SUPPORT OF SAN BERNARDINO COUNTY SUPERINTENDENT OF
SCHOOL'S "CRADLE TO CAREER ROADMAP".
DEPARTMENT: CITY MANAGER
10. Approval of a Professional Services Agreement Between The City of Grand Terrace and
Arbor Pro, Inc. for Tree Inventory Services
RECOMMENDATION:
1. Approve a Professional Services Agreement Between the City of Grand Terrace and
Arbor Pro, Inc. for Tree Inventory Services;
2. Authorize the City Manager to Execute the Agreement.
DEPARTMENT: COMMUNITY DEVELOPMENT
11. Approval of Interstate 215 Barton Road Cooperative Agreement Between the San
Bernardino County Transportation Commission (SANBAG) and the City of Grand
Terrace
RECOMMENDATION:
Approve Cooperative Agreement No. 16-1001384 between the City of Grand Terrace
and the San Bernardino Transportation Commission for the Interstate 215 Barton Road
Interchange Project.
DEPARTMENT: COMMUNITY DEVELOPMENT
Agenda Grand Terrace City Council January 26, 2016
City of Grand Terrace Page 5
12. Award of Contract for Pico Park Sidewalk Improvements
RECOMMENDATION:
1. Reject the non-responsive bid from Omar Taha Construction;
2. Authorize award of construction contract for the Pico Park Sidewalk
Improvements to R-JS General Construction as the lowest responsive bidder in
the amount of $18,135.00; and
3. Authorize the Community Development Director to approve change orders not to
exceed 5% of the awarded contract, which would result in a total project
construction budget of $19,042.00.
DEPARTMENT: COMMUNITY DEVELOPMENT
13. Report on the Grand Terrace Circulation Fee Program Update
RECOMMENDATION:
Receive and File the Report on the Grand Terrace Circulation Fee Program Update.
DEPARTMENT: COMMUNITY DEVELOPMENT
H. CITY MANAGER COMMUNICATIONS
I. COMMITTEE REPORTS
14. Facility Naming Ad Hoc Committee
RECESS TO CLOSED SESSION
J. CLOSED SESSION
15. Public Employee Performance Evaluation - Pursuant To Government Code Section
54957(b) (1) Title: City Manager
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 9, 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.
This page left intentionally blank.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● DECEMBER 8, 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 convened the meeting 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 City Manager Duffey.
ROLL CALL
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 Duffey City Manager Present
Pat Jacquez-Nares City Clerk 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
Robert O'Brine Lieutenant Present
Steve Dorsey Captain Present
Adreane Freeman Management Analyst Present
A. SPECIAL PRESENTATIONS
San Bernardino County Sheriff's Department Quarterly Statistics Report - Lt. O'Brine
Lt. O'Brine, San Bernardino County Sheriff's Department, provided a summary for the
PowerPoint Presentation on their Quarterly Statistics report.
The entire Council thanked all of the agencies that worked together on the San
Bernardino shooting tragedy.
Lt. O'Brine provided a statement on the shooting incident and provided everyone the tip
that if anyone sees something they should say something. They could call either the
emergency or non-emergency Sheriff's numbers.
2
Packet Pg. 6
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 2
B. CONSENT CALENDAR
Mayor McNaboe removed Consent Calendar Items 3 and 5 for separate discussion.
APPROVED CONSENT CALENDAR ITEMS 1, 2, AND 4.
RESULT: APPROVED [4 TO 1]
MOVER: Jackie Mitchell, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Doug Wilson
NAYS: Bill Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED FULL READING OF ALL ORDINANCE ON THE AGENDA
2. Approval of Minutes – Regular Meeting – 11/10/2015
APPROVED THE MINUTE OF THE 11/10/2015 REGULAR MEETING
3. THIS ITEM WAS REMOVED FOR SEPARATE DISCUSSION AFTER ITEM 10.
4. Approval of Check Register No. 11302015 in the Amount of $309,844.72
APPROVED CHECK REGISTER NO. 11302015 IN THE AMOUNT $309,844.72, AS
SUBMITTED, WHICH INCLUDES THE CHECK REGISTER ACCOUNT INDEX FOR
FISCAL YEAR 2015-16.
ITEM WAS REMOVED FOR SEPARATE DISCUSSION
5. Request by the Grand Terrace Little League for a Waiver of Facility Use Fees Related
to the Use of Pico Park
City Manager Duffey provided a brief summary of this item.
By Council consensus, direction was given to have the Little League submit their
request through the Community Benefits Fund.
City Manager Duffey assured that the fields could be scheduled at this time.
C. PUBLIC COMMENT
Anthony Cortez, Chamber President, announced AMR Redlands was the business of
the month. He further announced their holiday decorating contest; applications were
available at the Chamber or on their website. The judging would be done on December
19th and 20th. The Chamber luncheon for December had been cancelled. He also
welcomed the new Chamber members.
2
Packet Pg. 7
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 3
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone in the audience for attending the meeting.
He also thanked Lt. O'Brine for his statement. Council Member Hussey attended the
City’s tree lighting ceremony, it was a great event. He wished everyone a Merry
Christmas and Happy New Year.
Council Member Doug Wilson
Council Member Wilson wished everyone a Merry Christmas. He also enjoyed the City’s
tree lighting event and announced the City's birthday dinner on Wednesday, December
9th, honoring the seniors.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone who attended the meeting. She also
thanked Lt. O'Brine for his statement and the Chamber for their update.
Council Member Mitchell reported that on December 2nd she attended the San
Bernardino Countywide Gang and Drug Taskforce meeting topic discussed was teen
dating violence. She was also at the tree lighting ceremony on December 3rd and
happy with the attendance and holiday spirit at the event. She thanked all of the people
involved with the event and for their donations.
Council Member Mitchell attended the vigil for the families of the San Bernardino
shooting at Azure Hills Adventist Church. She wished everyone a happy and healthy
holiday season.
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles thanked Azure Hills for the vigil. She commended Assembly
Member Brown and Congressman Aguilar for their work during this tragedy. She
encouraged the new Council Members to go the Newly Elected Officials Training
Academy. She requested that the meeting be adjourned in the memory of Connie
Pasillas Ramirez.
Mayor Darcy McNaboe
Mayor McNaboe reported following:
December 1, 2015 she attended a tree lighting ceremony at Arrowhead Regional
Medical Center - Ceremony was coordinated by the Medical Center Foundation. Colton
Mayor Richard De La Rosa extended the invitation to take part - Ceremony was also
attended by Assembly Member Cheryl Brown. The President of the Medical Center
Foundation had extended the offer of facilities tours if her colleagues are interested.
2
Packet Pg. 8
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 4
On December 2, 2015 Mayor McNaboe attended the SANBAG Board of Directors
Meeting items discussed were as follows:
Closed Session - Conference with legal counsel on three separate items each were
anticipated litigation
Consent Calendar - In addition to the items reviewed at the Metro Valley Study
Session the following items
o Received the September 2015 Right-of-Way Grants of Use Report
o Approved the Preliminary Design and Environmental Clearance for the Lilac
o Approved On-Call Railroad Right-of-Way Property Management Services RFPs
Discussion Items
o Provided direction on key legislation policy issues regarding the 1% cap on to
Rancho Double Track Project RFPs and On-Call Railroad Right-of-Way
Maintenance of Way RFPs
o Received the Staff and Independent Taxpayer oversight committee review of
o Approved Board member appointments to SANBAG committees and external
o Received and filed the information on Opiate Abuse and Prevention
o Received and filed Home Energy Renovation Opportunity (HERO) program
expenditure of half-cent sales tax for Authority staff salary and benefits,
competitive bidding, proposal for setting board compensation and legislation
author.
Measure I Compliance agencies
Annual Report
Council of Government Staffing and Funding
o This program allows property owners to fund energy efficiency, water
conservation, and renewable energy projects through a special assessment
on their property tax bill.
o Hiring of two additional employees to pursuit Council of Government projects
such as
o Forming a regional non-profit to apply for funding opportunities
2
Packet Pg. 9
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 5
o Increasing regional collaboration in economic development
o Coordinating regional efforts to assist in the success of Ontario Intl Airport
o Additional fee of $5,336.72 assessed for each agency on top of current
$105,000 dues. This begins in FY 16/17 – Mayor McNaboe voted no.
Mayor McNaboe attended the Oversight Board for the Successor Agency of the Grand
Terrace Community Redevelopment Agency meeting on December 2, 2016. With a
quorum present, the Board approved the Professional Services Agreement with RSG
Group, Inc. For Long Range Property Management Plan Services
Mayor McNaboe attended the Tree Lighting on December 3, 2015. This occasion gave
the City the opportunity to bring the community together in the spirit of the season. Sh
heard from many community members how happy they were that the decorations were
back this year and those who attended enjoyed the celebration. She thanked the City
staff, community event Chairs Yvette and Frank'e, and their committee; they did a
fantastic job. The contributors to the evening included: Azure Hills Seventh Day
Adventist Church for the use of their parking lot, the Grand Terrace High School Band,
Grand Terrace Boy and Girl Scout troops, REC center students, the Foundation of
Grand Terrace, and the Fire Department. Not canceling the ceremony planned for the
day after the dark day that was December 2 with events that touched members of this
community either directly or through a loved one was done as a way to honor the
victims of the attacks in San Bernardino. This was an opportunity for light to win out
against the darkness.
Mayor McNaboe further wished everyone a Happy Hanukkah and Merry Christmas.
E. PUBLIC HEARINGS
6. Truck Route Ordinance
Management Analyst Freeman presented this item.
Mayor McNaboe opened the Public Hearing at 6:57 p.m.
Patricia Farley, Grand Terrace resident, stated her concerns with this item.
There being no further speakers on this item, Mayor McNaboe closed the Public
Hearing at 7:00 p.m.
Mayor McNaboe read by title only Ordinance No. 287 as follows:
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
2
Packet Pg. 10
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 6
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
INTRODUCE BY TITLE ONLY, WAIVE FURTHER READING 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 AS AMENDED
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
7. Art in Public Places Ordinance
Management Analyst Freeman provided a summary of the PowerPoint Presentation of
this item.
Mayor McNaboe opened the Public Hearing at 7:14 p.m.
Jeffrey McConnell, Grand Terrace resident, stated his opposition to this item.
Jeffrey Allen, Grand Terrace resident, stated his support for this item.
Edward Giroux, Grand Terrace resident, stated his concerns with the timing of this item.
Mayor McNaboe closed the Public Hearing at 7:22 p.m.
A Council and staff discussion ensued on the maintenance and the timing of this fee.
BY COUNCIL CONSENSUS DIRECTION WAS GIVEN TO REFER THIS ITEM BACK
TO THE PLANNING COMMISSION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
F. UNFINISHED BUSINESS - NONE
2
Packet Pg. 11
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 7
G. NEW BUSINESS
8. Update and Direction on Implementation of Video Camera’s in the Public-Right-Of- Way
and City Parks
City Manager Duffey provided a summary on the PowerPoint Presentation for this item.
Lt. O'Brine, San Bernardino County Sheriff's Department, stated they were ready to
support any decision the Council made. The Sheriff's Department computer
infrastructure was not currently set up to handle video streaming. He stated his
concerns with the surveillance cameras and talked about the for the License Plate
Reader (LPR) Cameras.
Detective Grant Ward, San Bernardino County Sheriff's Department presented a
PowerPoint Presentation on the merits of the surveillance and License Plate Reader
(LPR) Cameras.
Patricia Farley, Grand Terrace resident, stated her opposition to surveillance cameras.
Jeffrey McConnell, Grand Terrace resident, stated his support for the License Plate
Reader (LPR) cameras.
Ed Giroux, Grand Terrace resident, stated his support for surveillance cameras.
A Council and staff discussion ensued on the legality, use, placement, security of data,
and cost difference of surveillance cameras vs. LPR cameras. It was suggested to have
this item go back to staff for additional information to be brought back to Council with a
more integrated approach of LPR and surveillance cameras.
Mayor McNaboe summarized the direction to staff to have a long term plan with
incrementally looking at cameras and how they work together whether surveillance or
LPR's. She would also like to have the parks cameras be part of this plan.
City Manager Duffey requested that the Council provide clear direction to staff on which
cameras to move forward with.
MOTION BY COUNCIL MEMBER WILSON AND SECONDED BY MAYOR PRO TEM
ROBLES TO BEGIN WITH THE LICENSE PLATE READER (LPR) CAMERAS AND
PHASE IN THE SURVEILLANCE CAMERAS. (This motion was not voted on)
ALTERNATE MOTION APPROVED: TO BEGIN WITH THE SURVEILLANCE
CAMERAS AND PHASE IN THE LICENSE PLATE READER (LPR) CAMERAS.
RESULT: APPROVED [3 TO 2]
MOVER: Bill Hussey, Council Member
SECONDER: Darcy McNaboe, Mayor
AYES: Darcy McNaboe, Jackie Mitchell, Bill Hussey
NAYS: Sylvia Robles, Doug Wilson
2
Packet Pg. 12
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 8
MAYOR MCNABOE RECESSED THE CITY COUNCIL MEETING AT 8:43 P.M.
MAYOR MCNABOE RECONVENED THE CITY COUNCIL MEETING AT 8:54 P.M.
9. Amendment to the Statement of Benefits to Maintain Compensation for Grandfathered
Employees
City Manager Duffey provided a brief summary of this item.
APPROVE RESOLUTION 2015-37 AMENDING THE STATEMENT OF BENEFITS
EFFECTIVE DECEMBER 8, 2015 AND RESCINDING RESOLUTION 2015-10
EFFECTIVE DECEMBER 8, 2015.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
10. Palm Avenue and Van Buren Street Traffic Measures with Recommendations and
Request for Approval
Community Development Director Molina provided a summary of the PowerPoint
Presentation for this item.
Mayor McNaboe asked if Council was being asked to authorize the City Manager to
implement something that the Council did not have the final cost for.
Community Development Director answered yes, but if Council wanted they could vote
on each recommendation separately.
Mayor McNaboe stated that additional exploration needed to be on the
recommendations provided.
City Manager Duffey stated that this item was presented on this December meeting as
per Council's direction. He now supports Mayor McNaboe statements to bring back the
Van Buren recommendations on January 12th.
A Council, staff and Crag Neustaedter, consultant, discussion ensued on the definition
of a knuckle, speeding on Van Buren, and the running of stop signs. Further discussed
were the additional traffic calming measures, the potential of stacking, and the painting
of red curbs.
1. INSTALL THE 2 STOPS SIGNS, PAINT RED CURBS, AND REMOVE VISUAL
OBSTRUCTIONS ON PALM AVENUE.
2. DIRECTION TO COME BACK TO COUNCIL WITH THE RECOMMENDATIONS
TO VAN BUREN STREET.
2
Packet Pg. 13
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 9
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
THIS ITEM WAS TAKEN OUT OF ORDER
3. Amendment of On-Call Traffic Engineer Services Contract with Transportation,
Engineering, Planning, Inc. (TEP)
Mayor McNaboe requested that this item be heard after item 10 on the agenda.
Community Development Director Molina presented this item.
1. INCREASE THE TEP PURCHASE ORDER BY $10,000 FOR INCREASED
TRAFFIC ENGINEERING CONSULTING SERVICES; AND
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
11. Approval of a Contractor Agreement Between The City of Grand Terrace and Tree Pros,
Inc. for On-Call Citywide Tree Trimming Services
Management Analyst Freeman presented this item.
Patricia Farley, Grand Terrace resident, stated her concerns with this item and
requested that the City not trim her trees.
1. APPROVE A CONTRACTOR AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND TREE PROS, INC. FOR ON-CALL CITYWIDE TREE TRIMMING
SERVICES;
2. APPROPRIATE $15,000 FROM GAS TAX FUND 16; AND
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
2
Packet Pg. 14
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council December 8, 2015
City of Grand Terrace Page 10
12. Grand Terrace Facility Use Policy (Clarifications)
City Manager Duffey provided a brief summary on this item. He stated that he wanted
the City Council to know that he would enforce the Senior Center Use policy as it was
written.
APPROVED THE RECEIVE AND FILE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey announced that there were no more scheduled Council meetings
until January 12, 2016. He further stated that he would be attending the Valley
Transportation Services (VTrans) meeting on December 18, 2015, they will be
discussing the funding for the Senior ride program. The Council October Round-Up
Newsletter had been placed on the dais for their convenience. City Manager Duffey also
announced that City Hall would be closed for the holidays from December 23, 2015
through January 3, 2016, reopening on January 4, 2016.
ADJOURN
Mayor McNaboe adjourned the meeting at 9:50 p.m. in the Memory of Consuelo P.
Ramirez and the victims of the San Bernardino shooting.
The Next Regular City Council Meeting will be held on Tuesday, January 12, 2016 at
6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
2
Packet Pg. 15
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
D
e
c
8
,
2
0
1
5
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 12, 2016
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 convened the meeting at 6:02 p.m.
Invocation was given by Pastor John Pettit of Immanuel Baptist Temple Highgrove.
Pledge of Allegiance was led by Mayor McNaboe.
ROLL CALL
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
Pat Jacquez-Nares City Clerk Present
Ivy Tsai Assistant City Attorney Present
Linda Phillips Child Care Present
Sandra Molina Community Development Director Present
Cynthia Fortune Finance Director Present
Robert O'Brine Lieutenant Present
Adreane Freeman Management Analyst 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
3
Packet Pg. 16
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 2
2. Approval of Minutes – Regular Meeting – 11/24/2015
APPROVED THE MINUTES OF THE 11/24/2015 REGULAR MEETING
3. Monthly Financial Report for November 2015
RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD
ENDING NOVEMBER 30, 2015.
C. PUBLIC COMMENT
Ashley Jones, Assembly Member Brown's Field Representative, wished everyone a
Happy New Year and stated Assembly Member Brown’s State budget priorities. She
announced their Summer Arts and Annual State Assembly Fellows programs for
additional information please contact their office at (909) 381-3238.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone in the audience. He further thanked City
Clerk Jacquez-Nares for delivering the agenda packet late at night and appreciated all
her hard work. Council Member Hussey hoped everyone had a blessed holiday season
and wished everyone a Happy New Year. He reported the house fire on December 14th
and thanked all the volunteers that helped the family board up windows and for donating
items. Council Member Hussey announced the baseball sign-ups were in full swing they
began this weekend at Pico Park. He commended CalSkate for opening their doors for
Jazzercise.
Council Member Doug Wilson
Council Member Wilson did not have any items to report.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone that attended the meeting and wished
everyone a Happy New Year.
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles Council reported that she attended the December graduation of
the Colton At-Risk Teens (CART) Academy. Two Grand Terrace youths were graduates
and one was the class Valedictorian. This program is designed to introduce at risk teens
to discipline, guidance, and career development. The program is a para-military
environment that allows students between the ages of 13-17 to be exposed to various
levels of mentoring, career development and other topics. The program serves students
3
Packet Pg. 17
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 3
from the Colton Unified School District. Due to staffing constraints the program was shut
down five years ago. Dan Flores, Trustee with CJUSD, shared with me that the CART
program was seeking grants. I shared with him our grant program.
Mayor Pro Tem Robles also provided an update on the Omnitrans meeting actions as
follows:
Updated the Omnitrans Joint Powers Agreement
Adopt Resolution authorizing CEO to Execute Certifications and Assurances for FY
15/16 Low Carbon Transit Operations Program.
Authorized CEO to execute Cooperative Service agreement with Riverside Transit
Agency and Mutual Aid Agreements Victor Valley and Mountain Transit Agencies.
Receive and file SBX Construction Progress Report No. 41 for the period through
October 31, 2015. Project Budget: $191.7 million. Expended to Date: $171.9 million.
Adopted evaluation tool for CEO's annual work performance evaluation.
Staff informed the Board that annual hearings are being planned to discuss the
Omnitrans route system.
Held a closed session on surplus land in the West Valley, advised staff to reject
current bid and put property back on the market. The property is commercially zoned
and is expected to bring $1 million in new revenues to the Omnitrans general fund.
Mayor Pro Tem Robles also attended the Southern California Associated Governments
(SCAG) Economic Summit along with City Manager Duffey. Former Governor Pete
Wilson was keynote speaker; he shared the good news that all six southern California
counties had recovered all jobs lost in the recession. Business ranks California 49th,
with that ranking, our regulatory scheme was seen as hostile to business/job creation.
They view CEQA as an "instrument of obstruction”. Wilson believed Sacramento made
bad legislation. CEQA reform efforts were worse than existing CEQA rules. He further
stated that our State needed to produce 1 million more graduates than what it currently
did to meet the demand.
Economists from each of the Southern Regions served on a panel. (Ventura, Orange,
Los Angeles, Imperial, San Diego and Inland Empire).
The Economist reported that all regions had recovered jobs lost in recession, all regions
also report that the jobs recovered were not the "same jobs” lost in the recession. New
jobs were in fast food and in other service economy sector. Legislators recognizing that
this sector was the only growing job sector decided to increase minimum wage levels to
try to help the adult worker occupying jobs once held by teens. These jobs were now
3
Packet Pg. 18
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 4
being held by adults with no other job prospects. The entire panel of economist agreed
that this was a futile policy. Businesses were unable to absorb these new wage
demands and would move to use robots/technology as one way to cut payrolls.
All members of the Council were invited to attend the SCAG briefing on Transportation
which convened after the SANBAG January Board meeting. The main points were the
move to institute a new gas tax to fund new highways. Current gas saving vehicles had
reduced this revenue source. On the horizon was the potential of the "driverless car"
which if the market forces to push this forward for enough “mass use” it would negate
the need to add a ‘shovel of asphalt' to our freeway system.
Mayor Darcy McNaboe
Mayor McNaboe reported that she attended the following:
1. San Bernardino Valley Municipal Water District - Advisory Commission on Water
Policy - December 10, 2015
a. Cost of Deepening wells
b. Groundwater Sustainability Council Memorandum of Understanding
c. Proposed revisions to Groundwater Basin Boundaries Under the
d. Regional Recycled Water Concept Study Update
e. Basin Technical Advisory Committee 2016 Regional Water Management
f. 2016 Regional Water Management Plan Statement
2. SANBAG - Metro Valley Study Session on December 10, 2015 and General Board
Sustainable Groundwater Management Act (SGMA)
Consent - Administrative Matters
September, October, November 2015 Procurement Reports
Budget Fiscal Year 2016/2017 Assessment Dues
SANBAG Fiscal Year 2016/2017 Budget Schedule
Compliance Audit for Proposition 1B Transit Security Grant Program
Funding Request for operation, maintenance, and tenant improvements of
the San Bernardino Santa Fe Depot
3
Packet Pg. 19
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 5
SANBAG Conflict of Interest Code Amendment
Fiscal Year 2015/2016 Work Goals and Objectives for the First Quarter
2016 SANBAG Board of Directors Policy Committee Meeting Schedule
Metrolink Active Transportation Program - CEQA Environmental Approval
and Authorize Release of Design Request for Proposal
Award of New Program Project Management and Other Technical Services
Construction Management Services for Monte Vista Avenue Grade
Consent - Regional/SubRegional Planning
Development of a Regional Safe Routes to School Plan Phase II
Transportation Development Act Article 3 Phase 2 Pedestrian and Bicycle
Facilities and Transit Stop Access Improvements Call for Projects
Amendment to Contract C11206 with Epic Land Solutions, Incorporated for
Additional Graffiti Removal Services
Consent - Transportation Programming and Fund Management
Summary of Measure I Capital Improvement Plans of Member Agencies
Loan Concept for Green Tree Blvd. (Victorville)
Amendment of Victor Valley Major Local Highway Program Policy
Major Local Highway Program Subarea Project Lists for Colorado River and
Mountains Subareas
Allocation to Park Blvd Reconstruction Project and Project Funding
Fiscal Year 2015/2016 Low Carbon Transit Operations Program - Population
Hearing to Consider Resolutions of Necessity for Parcels for Interstate 215
Barton Rd Interchange Improvement Project in the City of Grand Terrace
3
Packet Pg. 20
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 6
Financial Advisor Services for 1-10 and I-15 Corridor Projects
Construction Contract No. 15-10011238 for the I-10 Pepper Ave Bridge
Replacement Project
Status of SANBAG Financial Audit
State Legislative Update - End of Session Report
E. PUBLIC HEARINGS
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
Community Development Director Molina introduced Deputy City Attorney Ross Trindle.
Deputy City Attorney Trindle provided a summary of this item.
Mayor McNaboe opened the public hearing at 6:25 p.m.
Patricia Taylor, Grand Terrace resident, spoke in opposition of this item because she
was a patient that used medical marijuana.
Judy H., Grand Terrace resident, spoke in opposition of this item as because she was a
patient that used medical marijuana.
Jeffrey McConnell, Grand Terrace resident, provided a copy of the introduced
legislature regarding marijuana agriculture. He supports providing this for the real
patients.
Mayor McNaboe closed the public hearing at 6:45 p.m.
A Council and Attorney discussion ensued on the remedies to existing use by patients
and prohibition of mobile deliveries.
Deputy City Attorney Trindle clarified that the use of medical marijuana was a
recommendation not a prescription. He further stated that the ordinance provided for the
City to maintain local control.
City Clerk Jacquez-Nares read by title only Ordinance No. 288:
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
3
Packet Pg. 21
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 7
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
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
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
F. UNFINISHED BUSINESS
5. Truck Route Ordinance
Jeffrey McConnell, Grand Terrace resident, requested that the affected businesses be
notified and to have larger signs posted.
City Clerk Jacquez-Nares read by title only Ordinance No. 288:
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
READ BY TITLE ONLY, WAIVE FURTHER READING AND ADOPT ORDINANCE
NO. 288, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING
3
Packet Pg. 22
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 8
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
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
G. NEW BUSINESS
6. January 2015 Award of Community Benefit Funds
Finance Director Fortune presented this item.
Robert Bond, Little League representative, spoke in favor of approving this item and
provided the various uses for this funding.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
7. Approval of a Contractor Agreement Between The City of Grand Terrace and Clean
Street for Street Sweeping Services
Management Analyst Freeman provided a brief summary of this item.
Mayor McNaboe requested that staff inform residents why the City has street sweeping
services.
Community Development Director Molina stated that by the City providing street
sweeping services it met the National Pollutant Discharge Elimination System (NPDES)
requirements.
1. REJECT THE NON-RESPONSIVE BID FROM KELLAR SWEEPING; AND
2. AWARD STREET SWEEPING CONTRACTOR AGREEMENT NO. 2016-01 TO
CLEAN STREET, THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER;
3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND
3
Packet Pg. 23
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 9
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
8. Approve Funding Agreement and Lease Agreement with Valley Transportation Service
(VTrans) for Grand Terrace Senior Transportation Program
Management Analyst Freeman provided a summary of the PowerPoint Presentation for
this item.
A Council, City Attorney, and staff discussion ensued on the City's liability and if the
leased bus would be Americans with Disabilities Act (ADA) compliant. Additional
discussion was on the operating hours 11:00 a.m. through 3:00 p.m., the fifty cent
donation, and the scheduling of passengers. Further discussion was on the
implementation of senior transportation to grocery stores and doctor’s appointments.
Mayor McNaboe requested that the dates on the contract be changed accordingly.
1. APPROVE FUNDING AGREEMENT NO. 2016-02 WITH VTRANS FOR GRAND
TERRACE SENIOR TRANSPORTATION PROGRAM; AND
2. APPROVE LEASE AGREEMENT NO. 2016-03 FOR VTRANS PASSENGER BUS
FOR GRAND TERRACE SENIOR TRANSPORTATION PROGRAM
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
9. 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
Community Development Director Molina provided the summary of the PowerPoint
Presentation for this item.
Mayor McNaboe asked what would happen to the residential homes in the adopted
ordinance area and if residents could currently purchase flood insurance.
Community Development Director Molina answered the residential homes would be
allowed to continue as they were until a substantial rehabilitation or new development
was proposed then the ordinance would need to be complied with. The residents could
currently purchase flood insurance but not at a discounted rate.
3
Packet Pg. 24
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 10
Mayor Pro Tem Robles stated when she worked for the County they were able to do
creative bond measures and bring in flood insurance at a significant discounted rate.
Jeff McConnell, Grand Terrace resident, thanked the Council for this item. He asked
that staff notify the five property owners that there was flood insurance available at a
discounted rate and their potential restrictive construction due to the flood zone
ordinance.
Council Member Wilson read by title only Ordinance No. 289 and 290:
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
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
1. ADOPT A RESOLUTION NO. 2016-01 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 NO. 289 AN 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
ORDINANCE NO. 290 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
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
3
Packet Pg. 25
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 11
Council Member Wilson further stated how the construction would need to be done to
the properties located in the flood zone to meet FEMA's requirements.
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.
City Manager Duffey provided a summary of the PowerPoint Presentation on this item.
1. ADOPT A RESOLUTION NO. 2016-02 (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 NO. 2016-03 (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
3
Packet Pg. 26
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 12
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
MAYOR MCNABOE RECESSED THE COUNCIL MEETING AT 8:43 P.M.
MAYOR MCNABOE RECONVENED THE COUNCIL MEETING AT 8:50 P.M.
11. Economic Development Incentive Agreement with OneSource Distributors
City Manager Duffey provided a summary of the PowerPoint Presentation on this item.
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
12. Adopt Urgency Ordinance and Introduce a Second Ordinance Amending Title 10 to Add
Section 10.04.462 to the Grand Terrace Municipal Code
Community Development Director Molina presented this staff report.
Mayor McNaboe asked if there were any provisions currently in the code that allow for
temporary no parking.
Community Development Director Molina answered there were none.
City Clerk Jacquez-Nares read by title only Ordinance Nos. 291 and 292:
3
Packet Pg. 27
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 13
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
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
1. READ BY TITLE ONLY, WAIVE FURTHER READING AND ADOPT AN
URGENCY ORDINANCE NO. 291 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 NO. 292 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
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 reminded everyone of the Facility Naming Ad Hoc Committee
meeting scheduled for Wednesday, January 13, 2016 at 6:00 p.m. in the Council
Chambers. The public input was for the potential renaming of Pico Park.
I. CLOSED SESSION - NONE
ADJOURN
Mayor McNaboe adjourned the meeting at 8:29 p.m. in the Memory of Santos Robles
Ruiz.
The Next Regular City Council Meeting will be held on Tuesday, January 26, 2016 at
6:00 p.m.
3
Packet Pg. 28
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council January 12, 2016
City of Grand Terrace Page 14
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
3
Packet Pg. 29
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
2
,
2
0
1
6
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
AGENDA REPORT
MEETING DATE: January 26, 2016 Council & Successor Agency Item
TITLE: Approval of Check Register No. 12312015 in the Amount of
$806,448.03
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Approve Check Register No. 12312015 in the amount
$806,448.03, as submitted, which includes the Check
Register Account Index for Fiscal Year 2015-16.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations and operational costs.
BACKGROUND:
The check register, for the period ending December 31, 2015, has been prepared in
accordance with Government Code §37202 and is hereby submitted for the City
Council’s approval.
The check register lists all vendor payments for the preceding month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. Check Register No. 12312015 lists all payments made
to vendors and employee reimbursements during the month of November.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and CRA
Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund-
Department-Account]. Expenditures may be made from trust/agency accounts (Fund
23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
A total of $806,448.03 in accounts payable checks were issued during the period for
services, reimbursements, supplies and contracts and are detailed in the attached
check register.
Payments larger than $10,000:
Check
No. Payee Description Amount
72248 CITY OF SAN
BERNARDINO OCT ANIMAL CONTROL SERVICES $12,461
4
Packet Pg. 30
Check
No. Payee Description Amount
72263 SB COUNTY
SHERIFF DEC 2015 LAW ENFORCEMENT SRV 140,352.00
72167 TYLER
TECHNOLOGIES INC 2016 EDEN SOFTWARE MAINT/SUPP 23,888.63
72270 WILLDAN FINANCIAL
SVCS NOV 2015 FINANCE DEPT SRV 29,587.40
72274 CITY OF SAN
BERNARDINO NOV ANIMAL CONTROL SERVICES 12,461.00
72301 INTERWEST
CONSULTING OCT/SEP PAVEMENT MGMT SRVS 17,407.50
72310 ROQUET PAVING
INC STREET MAINT SRVS 16,265.00
72315
VOIDED
STATER BROS
MARKETS
OCT 2014-SEP 2015 COVENANT
PAYMENTS 186,139.44
72321 STATER BROS
MARKETS
OCT 2014-SEP 2015 COVENANT
PAYMENTS 186,139.44
72333 LANCE SOLL &
LUNGHARD LLP AUDIT SERVICES 19,921.00
72339 ROQUET PAVING
INC
MT VERNON & VAN BUREN GUTTER
REMOVAL/INSTALL 15,860.00
TOTAL CHECKS ISSUED OVER $10,000 $474,342.97
Payroll costs for the month ending December 31, 2015
Pay
Per.
Period
Ending Period Pay Date Amount
12 12/04/2015 Period 11/21/2015 – 12/04/2015 12/10/2015 $52,480.86
13 12/18/2015 Period 12/05/2015 – 12/18/2015 12/22/2015 $53,373.25
TOTAL PAYROLL FOR DECEMBER 2015 $105,854.11
FISCAL IMPACT:
All disbursements were made in accordance with the Approved Budget for Fiscal Year
2015-16 in the amount of $ 806,448.03.
ATTACHMENTS:
A - Check Register Account Index (PDF)
B - Check Register No. 12312015 (PDF)
4
Packet Pg. 31
APPROVALS:
Finance Completed 01/14/2016 1:42 PM
Cynthia Fortune Completed 01/14/2016 1:43 PM
City Attorney Completed 01/14/2016 3:38 PM
City Manager Completed 01/21/2016 7:35 AM
City Council Pending 01/26/2016 6:00 PM
4
Packet Pg. 32
Ci
t
y
o
f
G
r
a
n
d
T
e
r
r
a
c
e
Ch
e
c
k
R
e
g
i
s
t
e
r
I
n
d
e
x
FD
N
o
.
Fu
n
d
N
a
m
e
De
p
t
N
o
.
De
p
a
r
t
m
e
n
t
N
a
m
e
/
C
o
s
t
C
e
n
t
e
r
Acc
t
N
o
.
Ge
n
e
r
a
l
A
c
c
o
u
n
t
N
u
m
b
e
r
s
09
C
H
I
L
D
C
A
R
E
F
U
N
D
11
0
C
I
T
Y
C
O
U
N
C
I
L
11
0
S
A
L
A
R
I
E
S
/
W
A
G
E
S
10
G
E
N
E
R
A
L
F
U
N
D
12
0
C
I
T
Y
M
A
N
A
G
E
R
13
9
E
M
P
L
O
Y
E
E
S
'
B
E
N
E
F
I
T
P
L
A
N
11
S
T
R
E
E
T
F
U
N
D
1
2
5
C
I
T
Y
C
L
E
R
K
1
4
0
R
E
T
I
R
E
M
E
N
T
12
S
T
O
R
M
D
R
A
I
N
F
U
N
D
1
4
0
F
I
N
A
N
C
E
1
4
2
H
E
A
L
T
H
/
L
I
F
E
I
N
S
U
R
A
N
C
E
13
P
A
R
K
F
U
N
D
1
6
0
C
I
T
Y
A
T
T
O
R
N
E
Y
1
4
3
W
O
R
K
E
R
S
'
C
O
M
P
E
N
S
A
T
I
O
N
14
A
B
3
2
2
9
C
O
P
S
F
U
N
D
1
7
2
B
U
I
L
D
I
N
G
&
S
A
F
E
T
Y
1
3
8
/
1
4
1
M
E
D
I
C
A
R
E
/
S
U
I
15
A
I
R
Q
U
A
L
I
T
Y
I
M
P
R
O
V
E
M
E
N
T
F
U
N
D
1
7
5
P
U
B
L
I
C
W
O
R
K
S
2
1
0
O
F
F
I
C
E
E
X
P
E
N
S
E
16
G
A
S
T
A
X
F
U
N
D
1
8
0
C
O
M
M
U
N
I
T
Y
E
V
E
N
T
S
2
1
8
-
2
1
9
N
O
N
-
C
A
P
I
T
A
L
F
U
R
N
/
S
M
A
L
L
T
O
O
L
S
17
T
R
A
F
F
I
C
S
A
F
E
T
Y
F
U
N
D
/
T
D
A
F
U
N
D
1
8
5
R
E
N
T
A
L
I
N
S
P
E
C
T
I
O
N
P
R
O
G
R
A
M
2
2
0
S
P
E
C
I
A
L
D
E
P
A
R
T
M
E
N
T
A
L
E
X
P
19
F
A
C
I
L
I
T
I
E
S
D
E
V
E
L
O
P
M
E
N
T
F
U
N
D
1
8
7
E
N
F
O
R
C
E
M
E
N
T
P
R
O
G
R
A
M
2
3
0
A
D
V
E
R
T
I
S
I
N
G
20
M
E
A
S
U
R
E
I
F
U
N
D
1
9
0
G
E
N
E
R
A
L
G
O
V
E
R
N
M
E
N
T
(
N
O
N
-
D
E
P
T
)
2
3
5
C
O
M
M
U
N
I
C
A
T
I
O
N
S
21
W
A
S
T
E
W
A
T
E
R
D
I
S
P
O
S
A
L
F
U
N
D
1
9
5
F
A
C
I
L
I
T
I
E
S
M
A
I
N
T
E
N
A
N
C
E
2
3
8
-
2
3
9
U
T
I
L
I
T
I
E
S
22
C
O
M
M
U
N
I
T
Y
D
E
V
.
B
L
O
C
K
G
R
A
N
T
3
7
0
C
O
M
M
U
N
I
T
Y
&
E
C
O
N
O
M
I
C
D
E
V
2
4
0
-
2
4
2
R
E
N
T
S
&
L
E
A
S
E
S
26
L
S
C
P
G
/
L
G
H
T
G
A
S
S
E
S
S
M
E
N
T
D
I
S
T
.
3
8
0
M
G
T
I
N
F
O
R
M
A
T
I
O
N
S
Y
S
T
E
M
S
2
4
5
-
2
4
6
M
A
I
N
T
B
L
D
G
G
R
N
D
S
E
Q
U
I
P
M
N
T
44
B
I
K
E
L
A
N
E
C
A
P
I
T
A
L
F
U
N
D
4
1
0
L
A
W
E
N
F
O
R
C
E
M
E
N
T
2
5
0
-
2
5
1
P
R
O
F
E
S
S
I
O
N
A
L
S
E
R
V
I
C
E
S
46
S
T
R
E
E
T
I
M
P
R
O
V
E
M
E
N
T
P
R
O
J
E
C
T
S
4
3
0
R
E
C
R
E
A
T
I
O
N
S
E
R
V
I
C
E
S
2
5
5
-
2
5
6
C
O
N
T
R
A
C
T
U
A
L
S
E
R
V
I
C
E
S
47
B
A
R
T
O
N
R
D
.
B
R
I
D
G
E
P
R
O
J
E
C
T
4
4
0
C
H
I
L
D
C
A
R
E
2
6
0
I
N
S
U
R
A
N
C
E
&
S
U
R
E
T
Y
B
O
N
D
S
48
C
A
P
I
T
A
L
P
R
O
J
E
C
T
S
F
U
N
D
4
5
0
P
A
R
K
S
M
A
I
N
T
E
N
A
N
C
E
2
6
5
M
E
M
B
E
R
S
H
I
P
S
&
D
U
E
S
32
C
R
A
-
C
A
P
I
T
A
L
P
R
O
J
E
C
T
S
F
U
N
D
5
1
0
S
T
R
E
E
T
&
S
I
G
N
A
L
L
I
G
H
T
I
N
G
2
6
8
T
R
A
I
N
I
N
G
33
C
R
A
-
D
E
B
T
S
E
R
V
I
C
E
F
U
N
D
6
0
0
W
E
S
T
S
I
D
E
P
A
R
K
2
7
0
T
R
A
V
E
L
/
C
O
N
F
E
R
E
N
C
E
S
/
M
T
G
S
34
C
R
A
-
L
O
W
&
M
O
D
H
O
U
S
I
N
G
6
0
1
T
R
A
C
T
1
4
4
7
1
P
I
C
O
&
O
R
I
O
L
E
2
7
2
F
U
E
L
&
V
E
H
I
C
L
E
M
A
I
N
T
E
N
A
N
C
E
60
2
F
O
R
R
E
S
T
C
I
T
Y
P
H
A
S
E
I
I
5
7
0
W
A
S
T
E
W
A
T
E
R
T
R
E
A
T
M
E
N
T
63
1
S
T
O
R
M
D
R
A
I
N
M
A
I
N
T
E
N
A
N
C
E
3
3
-
3
0
0
D
E
B
T
S
E
R
V
I
C
E
80
1
P
L
A
N
N
I
N
G
C
O
M
M
I
S
S
I
O
N
7
X
X
F
A
C
I
L
I
T
I
E
S
I
M
P
R
V
(
N
O
C
I
P
)
80
2
C
R
I
M
E
P
R
E
V
E
N
T
I
O
N
U
N
I
T
7
0
0
C
O
M
P
U
T
E
R
-
R
E
L
A
T
E
D
80
4
H
I
S
T
O
R
I
C
A
L
&
C
U
L
T
U
R
A
L
C
O
M
M
.
7
0
1
V
E
H
I
C
L
E
S
&
E
Q
U
I
P
M
E
N
T
80
5
S
E
N
I
O
R
C
I
T
I
Z
E
N
S
P
R
O
G
R
A
M
80
7
P
A
R
K
S
&
R
E
C
C
O
M
M
I
T
T
E
E
80
8
E
M
E
R
G
E
N
C
Y
O
P
E
R
A
T
I
O
N
S
P
R
O
G
.
4.a
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
A
-
C
h
e
c
k
R
e
g
i
s
t
e
r
A
c
c
o
u
n
t
I
n
d
e
x
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #
E 09-440-228-000-000 55.00
55.00
165.00
E 10-120-220-000-000 110.00
110.00
68679-60946 B PRE-EMPLOYMENT PHYSICAL FOR CHILD CARE07/02/2015
E 10-140-255-000-000 343.65
343.65
343.65
72250 12/02/2015 FOX OCCUPATIONAL MEDICAL CTR 68679-60946 A JUN 2015 MEDICAL SERVICES/PHYSICALS 07/02/2015
E 10-187-256-000-000 12,461.00
12,461.00
12,461.00
72249 12/02/2015 DATA TICKET INC 66366 OCT PARKING CITATION PROCESSING 11/20/2015
72248 12/02/2015 CITY OF SAN BERNARDINO 2016-10000008 OCT ANIMAL CONTROL SERVICES 10/19/2015
B 10-022-63-00 1,038.59
B 10-022-64-00 9.02
1,047.61
1,047.61
E 32-370-255-000-000 6,435.00
6,435.00
6,435.00
72247 12/02/2015 CALPERS 457 PLAN PR END 11202015 457CALPERS 457 CONTRIB PR END 11202015 11/20/2015
E 10-125-250-000-000 385.00
385.00
385.00
72246 12/02/2015 CAL DREAMSCAPE LANDSCAPE 211608 WEED ABATEMENT SVCS - SUCC AGY PROPERTY10/26/2015
B 10-022-65-00 5.00
5.00
5.00
72245 12/02/2015 KEVIN HOWARD BEARDSLEY 054-15 OCT-NOV VIDEOGRAPHER & VIDEO TRANSFER SERVICES11/30/2015
Check Total
72244 12/02/2015 ARROWHEAD UNITED WAY PREND 11202015 ARRWHCONTRIBUTIONS - PR END 11202015 11/20/2015
Check #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
4.b
Packet Pg. 34
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 10-187-246-000-000 1,000.00
1,000.00
1,000.00
E 10-801-270-000-000 373.75
373.75
373.75
72257 12/02/2015 PROGRESSIVE SOLUTIONS 36890 FY 2015-16 DASHBOARD INTERFACE SOFTWARE09/24/2015
E 10-370-210-000-000 6.26
6.26
186.95
72256 12/02/2015 PACIFIC MUNICIPAL CONSULTANTS 44395 PLANNING COMMISSION MINUTES TRANSCRIPTION SRVS10/06/2015
E 10-370-210-000-000 16.52
16.52
807126312001 OFFICE SUPPLIES 11/19/2015
E 10-172-210-000-000 137.49
E 10-370-210-000-000 26.68
164.17
807126310001 OFFICE SUPPLIES 11/19/2015
E 10-120-210-000-000 750.00
750.00
2,250.00
72255 12/02/2015 OFFICE DEPOT 807126073001 OFFICE SUPPLIES 11/19/2015
E 10-120-210-000-000 1,500.00
1,500.00
INV15574 NEOGOV FY2015-16 SUBSCRIPTION & RENEWAL08/03/2015
E 10-110-142-000-000 225.00
225.00
225.00
72254 12/02/2015 GOVERNMENTJOBS.COM, INC. NEOGOVINV15575 NEOGOV FY2015-16 SUBSCRIPTION & RENEWAL08/03/2015
B 10-022-68-00 304.97
304.97
304.97
72253 12/02/2015 JACQUELINE MITCHELL NOV 2015 JM NOV HEALTH INSURANCE REIM-MITCHELL 11/30/2015
E 10-804-220-000-000 44.91
44.91
44.91
72252 12/02/2015 MIDAMERICA ADMIN AND RETIRE PREND 11202015 MID-AARS RETIREMENT CONTRIB PREND 11202015 11/20/2015
72251 12/02/2015 MASAKO GIFFORD 11192015 MG 2015 COUNTY FAIR EXPENSES REIMBURSEMENT12/19/2015
4.b
Packet Pg. 35
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 16-510-255-000-000 1,864.42
1,864.42
1,864.42
140,352.00
140,352.00
72264 12/02/2015 SIEMENS INDUSTRY INC 5620006158 OCT TRAFFIC SIGNAL MAINTENANCE 11/11/2015
E 10-410-255-000-000 5,814.65
E 10-410-256-000-000 126,242.73
E 14-411-256-000-000 8,294.62
72263 12/02/2015 SB COUNTY SHERIFF 15177 DEC LAW ENFORCEMENT SRVCS 11/18/2015
E 10-195-245-000-000 508.33
E 10-450-245-000-000 450.00
958.33
958.33
E 10-120-265-000-000 553.61
553.61
553.61
72262 12/02/2015 SANTA FE BUILDING MAINTENANCE 14397 NOV JANITORIAL SERVICES 11/30/2015
B 23-302-78-00 800.00
800.00
800.00
72261 12/02/2015 SAN BERNARDINO ASSOC GOVT GA DUES 16-09 FY 2015-16 SANBAG MEMBERSHIP DUES 12/01/2015
E 10-110-142-000-000 485.41
485.41
485.41
72260 12/02/2015 DAVID SADLER 12022015 DS CONSTRUCTION AND DEMOLITION REFUNDABLE DEPOSIT11/04/2015
B 10-022-62-00 7,470.84
7,470.84
7,470.84
72259 12/02/2015 SYLVIA ROBLES NOV 2015 SR NOV HEALTH INSURANCE REIM-ROBLES 11/30/2015
72258 12/02/2015 PUBLIC EMPLOYEES RETIREMENT PR END 11202015 PERSPR END 11202015 PERS CONTRIBUTIONS 11/20/2015
4.b
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 10-172-265-000-000 85.00
85.00
85.00
B 23-250-10-00 315.04
315.04
315.04
72272 12/09/2015 CA ASSOC OF CODE ENFORCEMENT 300001512 2016 CACEO MEMBERSHIP DUES - OWENS 11/30/2015
E 10-140-250-000-000 29,587.40
29,587.40
29,587.40
72271 12/09/2015 AMERICAN FIDELITY ASSURANCE CO1122335A DEC EMP PAID FLEX SPEND/DEP CARE 12/03/2015
72270 12/02/2015 WILLDAN FINANCIAL SERVICES 010-29499 NOV FINANCE DEPT. SERVICES 12/01/2015
E 10-370-250-000-000 986.27
E 10-380-701-000-000 3,002.63
3,988.90
3,988.90
E 10-175-240-000-000 38.01
38.01
38.01
72269 12/02/2015 VOLOGY INV379623 COMPUTER REPLACEMENT & SERVER SOFTWARE UPGRADES09/10/2015
E 10-140-246-000-000 23,888.63
23,888.63
23,888.63
72268 12/02/2015 VERIZON WIRELESS 9754764078 b OCT 2015 CELL CHARGES - CODE ENFORCEMENT11/01/2015
E 10-175-250-000-000 815.00
815.00
815.00
72267 12/02/2015 TYLER TECHNOLOGIES INC 045-147606 2016 EDEN ACCOUNTING SOFTWARE MAINT/SUPPORT12/01/2015
E 16-510-255-000-000 70.05
70.05
70.05
72266 12/02/2015 TRANSPORTATION ENGINEERING 1468 OCT TRAFFIC ENGINEERING SERVICES 11/11/2015
72265 12/02/2015 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000011948 OCT TRAFFIC SIGNAL LIGHTS MONITORING 11/16/2015
4.b
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 09-440-247-000-000 90.00
90.00
90.00
E 09-440-245-000-000 100.00
100.00
100.00
72278 12/09/2015 HIGH TECH SECURITY SYSTEMS 114233 CSID JAN 2016 CH CR ALARM MONITORING SVCS 12/01/2005
B 10-022-61-00 105.87
105.87
105.87
72277 12/09/2015 EZ SUNNYDAY LANDSCAPE 9265 NOV C CARE MAINTENANCE 10/20/2015
72276 12/09/2015 EYEMED FIDELITY SECURITY LIFE 7918283 DEC EMPLOYEE PAID VISION INSURANCE 12/01/2015
E 10-172-250-000-000 43.50
E 10-370-250-000-000 87.00
130.50
130.50
E 10-187-256-000-000 12,461.00
12,461.00
12,461.00
72275 12/09/2015 DATA QUICK B1-2475744 PROPERTY DATA SVCS 12/01/2015
E 09-440-220-000-000 16.94
16.94
183.26
72274 12/09/2015 CITY OF SAN BERNARDINO 2016-10000010 NOV 2015 ANIMAL SHELTER SVCS 11/23/2015
E 09-440-220-000-000 166.32
166.32
150569691-A CHILDCARE PAPER SUPPLIES 11/04/2015
72273 12/09/2015 CINTAS CORPORATION 150 150584467 CHILD CARE OFFICE SUPPLIES 12/02/2015
4.b
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 10-110-142-000-000 150.00
150.00
150.00
E 10-195-245-000-000 185.11
185.11
185.11
72282 12/09/2015 WILLIAM HUSSEY NOV 2015 WH NOV HEALTH INSURANCE REIMB - HUSSEY 11/30/2015
E 10-195-257-000-000 6,275.53
6,275.53
6,275.53
72281 12/09/2015 HOUSE OF PLASTICS 13595 ACRYLIC PLASTIC FOR DISPLAY CASE 11/30/2015
E 10-120-250-000-000 1,095.82
1,095.82
1,095.82
72280 12/09/2015 HONEYWELL ACS SERVICE 5234726806 JAN2016 - MAR 2016 HVAC MAINT SVCS 11/25/2015
72279 12/09/2015 HINDERLITER DE LLAMAS - ASSOC 0024661-IN 2ND QTR SALES TAX AUDIT/CONSULTING SRVS12/09/2015
4.b
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
9351620-00
B 23-200-14-00 455.15
455.15
455.15
E 32-200-250-000-000 1,912.50
1,912.50
1,912.50
72286 12/09/2015 SCHOLASTIC INC B3452843FR SCHOLASTIC BOOK FAIR BOOKS - CH CR 11/23/2015
E 10-110-142-000-000 409.03
409.03
409.03
72285 12/09/2015 ROSENOW SPEVACEK GROUP INC I000958 NOV PROPERTY TAX CONSULTING SVCS 12/04/2015
16.26
557.27
72284 12/09/2015 DARCY MCNABOE DEC 2015 DM DEC HEALTH INSURANCE REIM-MCNABOE 12/02/2015
E 10-450-245-000-000 21.65
21.65
PARK MAINT SUPPLIES 10/06/2015
E 10-450-245-000-000 16.26
E 10-450-245-000-000 100.18
100.18
9417360-00 PARK MAINT SUPPLIES 11/23/2015
E 10-450-245-000-000 114.38
114.38
9333779-01 IRRIGATION SUPPLIES 09/22/2015
E 10-450-245-000-000 148.57
148.57
9353736-00 IRRIGATION SUPPLIES 10/07/2015
E 10-450-245-000-000 156.23
156.23
9333779-00 IRRIGATION SUPPLIES 09/22/2015
72283 12/09/2015 HYDRO SCAPE PRODUCTS INC 9317860-00 PARK MAINT SUPPLIES 09/09/2015
4.b
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 10-175-246-000-000 200.08
200.08
200.08
E 16-900-220-000-000 31.50
31.50
31.50
72292 12/09/2015 UP DOG 000398 VINYLY SIGN DESIGN FOR GT RD 09/30/2015
E 10-805-238-000-000 146.52
146.52
146.52
72291 12/09/2015 UNDERGROUND SERVICE ALERT 1120150295 UNDERGROUND DIGGING NOTIFICATIONS 12/01/2015
E 10-195-245-000-000 5.40
5.40
5.40
72290 12/09/2015 TIME WARNER CABLE 8448...7245 DEC 2015DEC SENIOR CENTER CABLE SRVS 12/07/2015
72289 12/09/2015 SO CAL LOCKSMITH 31634 ANNEX BLDG DUPLICATE KEYS 12/02/2015
E 10-190-238-000-000 676.06
E 10-805-238-000-000 129.87
818.93
818.93
E 09-440-272-000-000 2.60
E 10-175-272-000-000 7.80
E 10-185-272-000-000 2.60
E 16-510-238-000-000 629.20
7,230.11
7,230.11
72288 12/09/2015 SO CA GAS COMPANY NOV 2015 GAS NOVEMBER CNG FUEL & NATURAL GAS 12/05/2015
E 10-190-238-000-000 3,327.55
E 10-450-238-000-000 1,511.31
E 10-805-238-000-000 853.53
E 09-440-238-000-000 756.62
E 10-172-238-000-000 75.95
E 10-175-238-000-000 75.95
72287 12/09/2015 SO CA EDISON COMPANY NOV 2015 EDISON NOVEMBER 2015 ENERGY USAGE 12/07/2015
4.b
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
B 10-022-63-00 1,039.15
B 10-022-64-00 9.02
1,048.17
1,048.17
E 32-200-142-000-000 863.03
9,846.65
9,846.65
72297 12/16/2015 CALPERS 457 PLAN PR END 12042015 457DEFERRED COMP CONT FOR PP END 1204201512/14/2015
E 10-380-142-000-000 146.51
E 10-450-142-000-000 615.35
E 16-175-142-000-000 317.44
E 10-125-142-000-000 366.28
E 10-175-142-000-000 1,069.52
E 10-370-142-000-000 366.28
E 09-440-142-000-000 1,692.36
B 10-022-61-00 3,253.82
E 10-120-142-000-000 1,156.06
72296 12/16/2015 CA PUB EMPLOYEES RETIRE SYSTEM1896 DEC PERS HEALTH INSURANCE 11/16/2015
E 10-805-235-000-000 247.00
E 10-808-235-000-000 151.29
1,643.68
1,643.68
E 09-440-235-000-000 707.08
E 10-190-235-000-000 444.32
E 10-450-245-000-000 93.99
B 10-022-65-00 5.00
5.00
5.00
72295 12/16/2015 AT AND T DEC 2105 AT&T DEC 2105 AT&T 12/01/2015
E 10-808-235-000-000 20.10
20.10
20.10
72294 12/16/2015 ARROWHEAD UNITED WAY PR END 12042015 UWUNITED WAY CONT FOR PP END 12042015 12/04/2015
72293 12/09/2015 VERIZON WIRELESS 9756245337 NOV EOC VERIZON CELL TOWER 12/09/2015
4.b
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 09-440-228-000-000 30.16
30.16
30.16
E 16-900-254-000-000 4,300.00
4,300.00
4,300.00
72303 12/16/2015 LAKESHORE LEARNING MATERIALS 2646291115 SUPPLIES FOR C.CARE, TINY TOTS, & SCHOOL AGE11/28/2015
E 16-175-255-200-000 5,655.00
5,655.00
17,407.50
72302 12/16/2015 KELLAR SWEEPING INC 10682 NOV 2015 STREET SWEEPING SRVS.11/30/2015
E 16-175-255-200-000 11,752.50
11,752.50
23835 SEP 2015 PAVEMENT MANAGEMENT SERVICES10/08/2015
E 10-110-142-000-000 1,854.51
1,854.51
1,854.51
72301 12/16/2015 INTERWEST CONSULTING GROUP 24460 OCT 2015 PAVEMENT MANAGEMENT SERVICES11/17/2015
E 10-450-245-000-000 85.00
85.00
330.00
72300 12/16/2015 HERMAN HILKEY 2014-14/15-16 HH FY 2014-15 & 15-16 LIFE INSURANCE BENEFIT REIMBURSEMENT12/16/2015
E 10-450-245-000-000 245.00
245.00
158123 GOPHER REMOVAL SVCS -ROLLINS PRK 12/09/2015
E 10-175-272-000-000 249.03
249.03
572.29
72299 12/16/2015 GOPHER PATROL 157606 GOPHER REMOVAL SVCS - PICO PRK 12/09/2015
E 10-175-272-000-000 290.57
E 10-185-272-000-000 32.69
323.26
8000209687511 NOV VEHICLE FUEL 12/31/2015
72298 12/16/2015 CHEVRON TEXACO CARD SERVICES46100588 NOV VEHICHLE FUEL 12/06/2015
4.b
Packet Pg. 43
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 16-900-257-000-000 4,400.00
4,400.00
16,265.00
E 16-900-257-000-000 4,465.00
4,465.00
0908-15B WILLET AVE & VAN BUREN ST MAINT 09/30/2015
E 16-900-257-000-000 7,400.00
7,400.00
1102-15 PAVEMENT SRVS-LITTON @ LA CADENA ST 11/05/2015
B 10-022-62-00 7,523.18
7,523.18
7,523.18
72310 12/16/2015 ROQUET PAVING INC 1107-15 PICO EAST OF MICHIGAN ST MAINT 11/23/2015
E 09-441-220-000-000 303.62
460.50
460.50
72309 12/16/2015 PUBLIC EMPLOYEES RETIREMENT PR END 12042015 PERSRETIREMENT CONT FOR PP END 12042015 12/04/2015
E 09-440-220-000-000 66.35
E 09-440-221-000-000 33.68
E 09-440-228-000-000 56.85
E 10-172-210-000-000 28.87
28.87
28.87
72308 12/16/2015 PETTY CASH 12162015 CCPC REPLENISH C CARE PETTY CASH 12/14/2015
E 10-140-250-000-000 505.85
505.85
505.85
72307 12/16/2015 ON TRAC 8336825 NOV 2015 PLAN CHECK DELIVERY SRVS 12/05/2015
E 10-120-220-202-000 672.19
672.19
672.19
72306 12/16/2015 MUNISERVICES LLC 0000039850 NOV BUSINESS LICENSE SRVCS 11/30/2015
B 10-022-68-00 299.81
299.81
299.81
72305 12/16/2015 SANDRA MOLINA SM-2015-001 REIMB FOR GT HOLIDAY DECORATIONS 11/23/2015
72304 12/16/2015 MIDAMERICA ADMIN AND RETIRE PR END 12042015 RETIREMENT CONT FOR PP END 12042015 12/04/2015
4.b
Packet Pg. 44
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
INCORRECT MAILING ADDRESS
E 09-440-238-000-000 99.99
99.99
99.99
E 09-440-220-000-000 810.66
810.66
3,294.02
72316 12/16/2015 TIME WARNER CABLE 8448...4289 DEC-JANDEC-JAN C CARE INTERNET SRVS 12/17/2015
E 09-440-220-000-000 2,483.36
2,483.36
511030689 C. CARE LUNCHES & SNACKS 11/03/2015
VOIDED/REISSUED TO CHECK #72320 186,139.44
186,139.44
186,139.44
72315 12/16/2015 SYSCO RIVERSIDE INC 511030688 2 C. CARE LUNCHES & SNACKS 12/03/2015
E 10-195-245-000-000 21.60
21.60
21.60
72314 12/16/2015 STATER BROS MARKETS VOIDED OCT 2014-SEP 2015 COVENANT PAYMENTS 09/30/2015
E 09-440-238-000-000 89.37
89.37
89.37
72313 12/16/2015 SO CAL LOCKSMITH 31723 KEY COPIES 12/14/2015
E 26-602-238-000-000 58.10
5,724.55
5,724.55
72312 12/16/2015 SO CA GAS COMPANY NOV 2015 GAS 2 NOVEMBER CNG FUEL & NATURAL GAS 12/10/2015
E 16-510-238-000-000 5,575.15
E 26-600-238-000-000 49.80
E 26-601-238-000-000 41.50
72311 12/16/2015 SO CA EDISON COMPANY NOV 2015 EDISON 2NOVEMBER 2015 ENERGY USAGE 12/09/2015
4.b
Packet Pg. 45
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
B 23-250-10-00 315.04
315.04
315.04
72322 12/23/2015 AMERICAN FIDELITY ASSURANCE CO1122336A DEC EMP PAID FLEX SPEND/DEP CARE 12/15/2015
E 10-175-272-000-000 290.57
E 10-185-272-000-000 32.69
323.26
323.26
E 37-600-324-000-000 186,139.44
186,139.44
186,139.44
72321 12/21/2015 CHEVRON TEXACO CARD SERVICES46100588 NOV VEHICHLE FUEL 12/06/2015
E 10-172-250-000-000 3,640.00
3,640.00
3,640.00
72320 12/21/2015 STATER BROS MARKETS 12162015 STATERSOCT 2014-SEP 2015 COVENANT PAYMENTS 09/30/2015
72319 12/16/2015 WILLDAN 002-16202 NOV PLAN CHECK & INSPECTION SVCS 12/03/2015
E 10-195-245-000-000 106.50
E 10-805-245-000-000 41.50
148.00
148.00
E 10-175-240-000-000 40.50
40.50
429.13
72318 12/16/2015 WESTERN EXTERMINATORS CO 3752474 PEST CNTL SRVS: CITY HALL AND SR CNTR 11/30/2015
E 09-440-235-000-000 60.00
E 10-175-240-000-000 328.63
388.63
9756399560 A NOV 2015 CELL CHARGES - CODE ENFORCEMENT12/01/2015
72317 12/16/2015 VERIZON WIRELESS 9756399560 B NOV 2015 CELL CHARGES - CITY HALL & C CARE12/01/2015
4.b
Packet Pg. 46
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
382.67
382.67
E 10-370-268-000-000 41.00
E 10-370-270-000-000 53.16
E 10-370-271-000-000 48.57
E 10-185-268-000-000 50.00
E 10-190-226-000-000 40.00
E 10-370-210-000-000 43.87
E 10-110-210-000-000 16.07
E 10-120-210-000-000 23.00
E 10-120-270-000-000 67.00
E 09-440-220-000-000 323.60
323.60
323.60
72325 12/23/2015 PETTY CASH CITY OF GRAND TERRACECITY HALL PETTYCASHCITY HALL PETTY CASH REPLENISHMENT 12/18/2015
72324 12/23/2015 CINTAS CORPORATION 150 150592083 C.CARE RESTROOMS SUPPLIES 12/16/2015
E 10-175-272-000-000 VEH MATINENCE SUPP 73.15
E 10-370-268-000-000 TRAINING 199.00
8,498.68
8,498.68
E 10-140-270-000-000 FINANCE TRAVEL EXP 33.04
E 10-175-210-000-000 OFFICE SUPPLIES 45.33
E 10-175-250-000-000 CONCRETE SUPPLIES 206.32
E 10-120-270-000-000 CITY MGR TRAVEL EXP 48.50
E 10-140-210-000-000 OFFICE EXP 10.79
E 10-140-268-000-000 TRAINING 435.00
E 10-120-220-201-000 CHILD CARE TOY SUPP 3,529.54
E 10-120-220-202-000 GRAND TER HOLIDAY DÉC 2,325.06
E 10-120-250-000-000 MAILING EXP 43.30
E 09-441-220-000-000 CHILD CARE FOOD SUPP 140.96
E 10-110-210-000-000 CITY COUNCIL TRAVL EXP 543.08
E 10-120-210-000-000 CITY MGR OFFICE EXP 600.45
E 09-440-220-000-000 CHILD CARE FOOD SUPP 26.63
E 09-440-221-000-000 CHILD CARE PRGM SUPP 174.00
E 09-440-228-000-000 CHILD CARE PRGM SUPP 64.53
72323 12/23/2015 ARROWHEAD CREDIT UNION NOV/DEC 2015 VISANOV/DEC 2015 VISA CHARGES 12/11/2015
4.b
Packet Pg. 47
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
E 09-440-223-000-000 317.49
317.49
317.49
E 16-175-255-300-000 2,662.50
2,662.50
8,550.00
72332 12/23/2015 GABRIELA KING 19011 CCARE PARENT REFUND 12/16/2015
E 16-175-255-300-000 5,887.50
5,887.50
23834 INTERSTATE 215/BARTON ROAD INTERCHANGE IMPROVEMENT10/08/2015
E 10-195-245-000-000 0.82
0.82
0.82
72331 12/23/2015 INTERWEST CONSULTING GROUP 24461 INTERSTATE 215/BARTON ROAD INTERCHANGE IMPROVEMENT OCT11/17/2015
E 10-801-120-000-000 46.17
46.17
46.17
72330 12/23/2015 HYDRO SCAPE PRODUCTS INC 9333779-02 CITY WIDE PARK REPAIRS 12/21/2015
E 10-195-245-000-000 37.59
37.59
37.59
72329 12/23/2015 EDWARD GIROUX 05051156 REPLACEMENT OF STALE PAYROLL CHECK 12/23/2015
E 26-601-255-000-000 80.00
4,310.00
4,310.00
72328 12/23/2015 FRUIT GROWERS SUPPLY 91721843 LANDSCAPE MAINTENANCE SUPPLIES 12/15/2015
E 10-195-255-000-000 200.00
E 10-450-255-000-000 3,870.00
E 26-600-255-000-000 160.00
E 10-140-255-000-000 441.59
441.59
441.59
72327 12/23/2015 EZ SUNNYDAY LANDSCAPE 9446 DEC PARK MAINTENANCE 12/23/2015
72326 12/23/2015 DATA TICKET INC 67076 NOV PARKING CITATION PROCESSING 12/14/2015
4.b
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
1,248.94
1,248.94
E 16-175-142-000-000 11.87
E 22-425-142-000-000 3.36
E 32-200-142-000-000 30.30
E 10-185-142-000-000 10.07
E 10-370-142-000-000 19.32
E 10-450-142-000-000 6.24
E 10-125-142-000-000 20.48
E 10-172-142-000-000 10.33
E 10-175-142-000-000 18.43
E 09-440-142-000-000 135.11
B 10-022-66-00 951.71
E 10-120-142-000-000 31.72
E 10-195-247-000-000 120.39
120.39
415.85
72336 12/23/2015 PRUDENTIAL MUNICIPAL POOL DEC 2015 PRU DEC EAP, LIFE,AD&D,DEP LIFE,STD<D 11/19/2015
E 10-195-247-000-000 140.70
140.70
2588440 ALARM MONITORING SERVICE JAN-MAR 12/13/2015
E 10-195-247-000-000 154.76
154.76
3020955 ALARM MONITORING SERVICE JAN-MAR 12/13/2015
E 09-440-244-000-000 990.00
990.00
990.00
72335 12/23/2015 PROTECTION ONE 31891344 ALARM MONITORING SERVICE JAN-MAR 12/03/2015
19,921.00
19,921.00
72334 12/23/2015 PROGREEN BUILDING MAINTENANCE15050 BUILDING MAINTENANCE 12/20/2015
E 10-140-250-000-000 10,831.00
E 32-200-250-000-000 4,140.00
E 52-400-250-000-000 4,950.00
72333 12/23/2015 LANCE SOLL & LUNGHARD LLP 16384 AUDIT SERVICES 11/30/2015
4.b
Packet Pg. 49
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
9637116120115
E 10-805-238-000-000 90.27
328.86
801.61
472.75
NOV BOTTLED WATER 12/01/2015
E 09-440-238-000-000 131.83
E 10-190-238-000-000 106.76
E 09-440-238-000-000 231.83
E 10-190-238-000-000 173.69
E 10-805-238-000-000 67.23
E 10-175-272-000-000 249.03
249.03
249.03
72341 12/23/2015 SPARKLETTS 9637116110115 OCT BOTTLED WATER 11/02/2015
E 10-631-255-000-000 15,860.00
15,860.00
15,860.00
72340 12/23/2015 SHELL FLEET MANAGEMENT 8000209687511 NOV VEHICLE FUEL 12/31/2015
E 10-140-241-000-000 124.00
124.00
124.00
72339 12/23/2015 ROQUET PAVING INC 1005-15 MT VERNON & VAN BUREN GUTTER REMOVAL /INSTALL11/17/2015
72338 12/23/2015 ROADRUNNER SELF STORAGE INC 19536 DEC STORAGE RENTAL 12/17/2015
E 52-700-710-000-000 12.14
E 52-700-767-000-000 12.14
5,481.62
5,481.62
E 32-600-307-000-000 24.28
E 32-600-326-000-000 24.28
E 48-600-330-010-000 82.12
E 32-600-214-000-000 47.20
E 32-600-216-000-000 12.14
E 32-600-301-000-000 12.14
E 10-805-238-000-000 1,207.63
E 26-600-239-000-000 99.13
E 26-601-239-000-000 49.63
E 09-440-238-000-000 148.64
E 10-190-238-000-000 478.24
E 10-450-238-000-000 3,271.91
72337 12/23/2015 RIVERSIDE HIGHLAND WATER CO OCT/NOV 2015 RHWCOCT/NOV 2015 WATER USAGE 12/02/2015
4.b
Packet Pg. 50
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
1455 B
E 10-172-250-100-000 2,990.00
2,990.00
E 10-190-235-000-000 1,309.54
1,309.54
1,309.54
72348 12/23/2015 WILLDAN 002-16203 BUILDING OFFICIAL & BUILDING TECH SERVICES NOV 201512/03/2015
360.00
750.00
72347 12/23/2015 TW TELECOM 09055130 DEC CITY HALL PHONE AND INTERNET 12/10/2015
E 10-175-250-010-000 390.00
390.00
JUL 2015 CIRCULATION FEES 09/01/2015
E 10-175-250-010-000 360.00
E 16-510-255-000-000 237.74
237.74
237.74
72346 12/23/2015 TRANSPORTATION ENGINEERING 1468 B OCT 2015 CIRCULATION FEES 11/11/2015
E 10-805-238-000-000 58.91
58.91
123.12
72345 12/23/2015 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000011993 NOV TRAFFIC SIGNAL LIGHTS MONITORING 12/15/2015
E 10-190-238-000-000 64.21
64.21
8448....3825 NOV2015DEC-JAN SR CNTR CABLE SERVICES 12/23/2015
E 09-440-220-000-000 187.19
187.19
2,511.68
72344 12/23/2015 TIME WARNER CABLE 8448...7046 DEC 2015DEC. CITY HALL CABLE SERVICES 12/16/2015
E 09-440-220-000-000 381.35
E 09-441-220-000-000 1,943.14
2,324.49
512080675 C. CARE LUNCHES & SNACKS 12/08/2015
415.00
415.00
72343 12/23/2015 SYSCO RIVERSIDE INC 512080674 C. CARE LUNCHES & SNACKS 12/08/2015
R 10-410-02 -58.00
R 10-410-03 -127.00
B 23-305-01-00 600.00
72342 12/23/2015 STEINY AND COMPANY 121015 S&C PUBLIC WORKS DEPOSIT REFUND 12/10/2015
4.b
Packet Pg. 51
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
Invoice #Check TotalCheck #Date Vendor Invoice Description
Check Register
01/07/2016 CITY OF GRAND TERRACE
As of 12/31/2015
Inv. Date Amount Paid
Total Checks:$806,448.03
B 10-022-62-00 7,688.22
7,688.22
7,688.22
B 10-022-68-00 334.72
334.72
334.72
72352 12/30/2015 PUBLIC EMPLOYEES RETIREMENT PR END 12182015 PERSRETIREMENT CONTRIBUTIONS FOR PR ENDING 12/18/201512/18/2015
B 10-022-63-00 75.00
75.00
1,180.99
72351 12/30/2015 MIDAMERICA ADMIN AND RETIRE PR END 12182015 ARSARS CONTRIBUTIONS PR END 12/18/2015 12/28/2015
B 10-022-63-00 1,096.97
B 10-022-64-00 9.02
1,105.99
PR 12042015 457 ADJ457 DEFERED COMP CONTR ADJ PR END 12/04/201512/04/2015
B 10-022-65-00 5.00
5.00
5.00
72350 12/30/2015 CALPERS 457 PLAN PR END 12182015 457457 DEFERED COMP CONTRIBUTIONS PP END 1218201512/18/2015
E 10-172-250-000-000 275.00
275.00
5,670.00
72349 12/30/2015 ARROWHEAD UNITED WAY PR END 12182015 UWCONTRIBUTIONS FOR PR ENDING 12/18/2015 12/18/2015
E 10-172-250-100-000 2,405.00
2,405.00
002-16202 NOV BUILDING TECHNICIAN SERVICES 12/23/2015
002-16114 OCT BUILDING OFFICIAL & BUILDING TECH SERVICES11/09/2015
4.b
Packet Pg. 52
At
t
a
c
h
m
e
n
t
:
B
-
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
(
1
8
3
2
:
A
p
p
r
o
v
a
l
o
f
C
h
e
c
k
R
e
g
i
s
t
e
r
N
o
.
1
2
3
1
2
0
1
5
)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Continuation of the Economic Development Incentive
Agreement with OneSource Distributors
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Open and Continue the Public Hearing to the February 23,
2016 City Council Meeting.
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/DISCUSSION:
On January 12, 2015, the City Council set a public hearing to comply with Government
Code 53083 on January 26, 2016 for the Economic Development Incentive (EDI)
Package and Agreement with OneSource Distributors.
However, due to ongoing discussions with OneSource, staff is requesting that the
Council open the public hearing and continue the opened public hearing to the February
23, 2016 City Council meeting.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
APPROVALS:
G. Harold Harold Duffey Completed 01/21/2016 2:32 PM
City Attorney Completed 01/21/2016 2:01 PM
Finance Completed 01/21/2016 2:30 PM
City Manager Completed 01/21/2016 2:32 PM
City Council Pending 01/26/2016 6:00 PM
5
Packet Pg. 53
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 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: Read by Title Only, Waive Further Reading and Adopt
Ordinance No. 288, 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.
BACKGROUND/DISCUSSION:
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.
Generally, the new laws continue to recognize the power of local governments to
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
6
Packet Pg. 54
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).)
Therefore, in order to maintain local control under the City’s police power, the City
Council introduced, on January 12, 2016, an ordinance that would prohibit the issuance
of a business license for medical marijuana dispensaries, and establish Chapter 18.91
to prohibit medical marijuana dispensaries and cultivation.
ENVIRONMENTAL REVIEW
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.
FISCAL IMPACT:
Adoption of the ordinance would not adversely impact the general fund.
ATTACHMENTS:
Draft Marijuana Cultivation Ordinance_v112.22.2015 (DOCX)
APPROVALS:
Sandra Molina Completed 01/13/2016 7:55 AM
City Attorney Completed 01/14/2016 3:41 PM
Finance Completed 01/15/2016 3:42 PM
Community Development Completed 01/21/2016 10:14 AM
City Manager Completed 01/21/2016 7:26 AM
City Council Pending 01/26/2016 6:00 PM
6
Packet Pg. 55
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
6.a
Packet Pg. 56
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
2
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:
6.a
Packet Pg. 57
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
3
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
6.a
Packet Pg. 58
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
4
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:
6.a
Packet Pg. 59
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
5
“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.
6.a
Packet Pg. 60
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
6
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,
6.a
Packet Pg. 61
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
7
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
6.a
Packet Pg. 62
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
8
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
6.a
Packet Pg. 63
At
t
a
c
h
m
e
n
t
:
D
r
a
f
t
M
a
r
i
j
u
a
n
a
C
u
l
t
i
v
a
t
i
o
n
O
r
d
i
n
a
n
c
e
_
v
1
1
2
.
2
2
.
2
0
1
5
(
1
8
3
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
C
o
d
e
A
m
e
n
d
m
e
n
t
R
e
l
a
t
i
n
g
t
o
M
e
d
i
c
a
l
M
a
r
i
j
u
a
n
a
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: An Ordinance Amending Title 15 (Buildings and
Construction) Establishing Chapter 15.62 Floodplain
Management
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt
Ordinance No. 290, 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/DISCUSSION:
On January 12, 2016, the City Council adopted an urgency ordinance and introduced a
regular ordinance establishing Chapter 15.62 Floodplain Management, which regulates
development in special flood hazard zones. The Council also adopted a resolution
authorizing application to the National Flood Insurance Program (NFIP). Participation in
the NFIP offers flood insurance to homeowners, renters, and business owners at
federally sponsored flood insurance at discounted rates.
The Council introduced the ordinance as presented, without any changes.
As an update, Staff submitted the NFIP application to our FEMA representative and it
under review by FEMA headquarters. FEMA is fast-tracking our application. Upon
approval, Staff will send out media releases.
FISCAL IMPACT:
This item will not create a fiscal impact to the City’s General Fund.
ATTACHMENTS:
Floodplain Ordinance 1.6.2016 (DOC)
7
Packet Pg. 64
APPROVALS:
Sandra Molina Completed 01/14/2016 5:47 PM
City Attorney Completed 01/15/2016 3:18 PM
Finance Completed 01/15/2016 3:45 PM
Community Development Completed 01/18/2016 11:23 AM
City Manager Completed 01/21/2016 7:42 AM
City Council Pending 01/26/2016 6:00 PM
7
Packet Pg. 65
1
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.
7.a
Packet Pg. 66
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
2
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;
7.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
3
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
7.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
4
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.
7.a
Packet Pg. 69
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
5
"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,
7.a
Packet Pg. 70
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
6
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.
7.a
Packet Pg. 71
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
7
"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.”
7.a
Packet Pg. 72
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
8
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.
7.a
Packet Pg. 73
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
9
"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
7.a
Packet Pg. 74
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
10
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:
7.a
Packet Pg. 75
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
11
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.
7.a
Packet Pg. 76
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
12
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.
7.a
Packet Pg. 77
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
13
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
7.a
Packet Pg. 78
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
14
“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.
7.a
Packet Pg. 79
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
15
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.
7.a
Packet Pg. 80
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
16
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.
7.a
Packet Pg. 81
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
17
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.
7.a
Packet Pg. 82
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
18
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:
7.a
Packet Pg. 83
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
19
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:
7.a
Packet Pg. 84
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
20
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.
7.a
Packet Pg. 85
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
21
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
7.a
Packet Pg. 86
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
22
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.
7.a
Packet Pg. 87
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
23
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.
7.a
Packet Pg. 88
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
24
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
7.a
Packet Pg. 89
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
25
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
7.a
Packet Pg. 90
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
26
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
7.a
Packet Pg. 91
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
27
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
7.a
Packet Pg. 92
At
t
a
c
h
m
e
n
t
:
F
l
o
o
d
p
l
a
i
n
O
r
d
i
n
a
n
c
e
1
.
6
.
2
0
1
6
(
1
8
3
7
:
F
l
o
o
d
p
l
a
i
n
M
a
n
a
g
e
m
e
n
t
O
r
d
i
n
a
n
c
e
S
e
c
o
n
d
R
e
a
d
i
n
g
)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Municipal Code Amendment Amending Title 10 Vehicles and
Traffic to Add Section 10.04.462 to the Grand Terrace
Municipal Code
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt
Ordinance No. 292, 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/DISCUSSION:
On January 12, 2016, the City Council adopted an urgency ordinance and introduced an
ordinance to amend Chapter 10.04 (Vehicle Regulations Generally) to authorize the City
Manager to declare a no parking safety zone when there is a threat to public health and
safety. This measure is in anticipation of the winter season to reduce the potential for
storm water to flow onto private properties.
The Council introduced the ordinance as presented, without any changes.
FISCAL IMPACT:
Additional signs would need to be purchased; however, the cost of such signs would be
covered in the existing budget.
ATTACHMENTS:
No Parking Ordinance 1.7.2016 (DOC)
APPROVALS:
Sandra Molina Completed 01/13/2016 10:36 AM
City Attorney Completed 01/14/2016 3:48 PM
8
Packet Pg. 93
Finance Completed 01/15/2016 3:43 PM
Community Development Completed 01/18/2016 9:35 AM
City Manager Completed 01/21/2016 7:36 AM
City Council Pending 01/26/2016 6:00 PM
8
Packet Pg. 94
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
WHEREAS, on January 12, 2016, the City Council introduced an ordinance to
amend Title 10 of the Grand Terrace Municipal Code by adding Section 10.04.462
Temporary No Parking.
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.
8.a
Packet Pg. 95
At
t
a
c
h
m
e
n
t
:
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
1
.
7
.
2
0
1
6
[
R
e
v
i
s
i
o
n
1
]
(
1
8
3
5
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
T
e
m
p
o
r
a
r
y
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
)
2
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. 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:
8.a
Packet Pg. 96
At
t
a
c
h
m
e
n
t
:
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
1
.
7
.
2
0
1
6
[
R
e
v
i
s
i
o
n
1
]
(
1
8
3
5
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
T
e
m
p
o
r
a
r
y
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
)
3
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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
8.a
Packet Pg. 97
At
t
a
c
h
m
e
n
t
:
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
1
.
7
.
2
0
1
6
[
R
e
v
i
s
i
o
n
1
]
(
1
8
3
5
:
S
e
c
o
n
d
R
e
a
d
i
n
g
-
T
e
m
p
o
r
a
r
y
N
o
P
a
r
k
i
n
g
O
r
d
i
n
a
n
c
e
)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Adoption of a Resolution of Support for Cradle to Career
Roadmap
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE IN SUPPORT OF SAN
BERNARDINO COUNTY SUPERINTENDENT OF
SCHOOL'S "CRADLE TO CAREER ROADMAP".
2030 VISION STATEMENT
This staff report supports our Goal #4 - to Develop and Implement Successful
Partnerships Work Collaboratively with Public Sector Agencies to Facilitate the Delivery
of Services Benefitting Youth in Our Community.
BACKGROUND:
On October 10, 2013, the San Bernardino County Board of Supervisors adopted a
“Cradle to Career Roadmap”. This Roadmap ensures that every student has access to
the necessary tools to begin college or career upon graduation. On February 6, 2014,
the Colton Joint Unified School District Board also approved the “Cradle to Career
Roadmap".
DISCUSSION:
The Cradle to Career Roadmap was developed to foster fundamental future success in
San Bernardino County and the region. It identifies key milestones in a child's
academic/career, and personal/social readiness, while encouraging partnerships with all
sectors of the community to support the goal of meeting the educational needs of all
students.
The Cradle to Career Roadmap marks the life-long journey of continuous learning
needed for every student to be college and career ready following their high school
graduation. Approval of this resolution is an important step toward confirming the
region’s commitment to student success.
FISCAL IMPACT:
None.
ATTACHMENTS:
9
Packet Pg. 98
Resolution of Support for Cradle to Career Program (DOCX)
Attachment I - Cradle to Career Chart (PDF)
APPROVALS:
G. Harold Harold Duffey Completed 01/21/2016 8:13 AM
City Attorney Completed 01/21/2016 10:28 AM
City Manager Completed 01/21/2016 11:27 AM
City Council Pending 01/26/2016 6:00 PM
9
Packet Pg. 99
RESOLUTION NO. 2016-XX PAGE 1 OF 2 JANUARY 26, 2016
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE IN SUPPORT OF SAN
BERNARDINO COUNTY SUPERINTENDENT OF
SCHOOL'S "CRADLE TO CAREER ROADMAP".
WHEREAS, on October 10, 2013, the Education Element Group of the San
Bernardino County Board of Supervisors adopted a "Cradle to Career Roadmap" with ten
academic and career readiness success indicators, nine personal and social readiness
success indicators, and five pillar of support; and
WHEREAS, the Cradle to Career Roadmap is a collective impact approach to ensure
that every student has the mindset and disposition for college and career readiness that
includes content knowledge, skills, and habits that students must possess to be successful in
postsecondary education or training that leads to a sustaining career; and,
WHEREAS, this roadmap supports the San Bernardino County Board of Supervisors
and the San Bernardino Associated Governments County Vision Statement; and,
WHEREAS, on February 6, 2014, the Colton Joint Unified School District Board of
Education resolved to support the "Cradle to Career Roadmap"; and,
WHEREAS, the "Cradle to Career Roadmap" identifies key milestones in a child's
academic/career, and personal/social readiness, encouraging partnerships with all sectors
of the community to support the goal of meeting the educational needs of all students
from cradle to career; and,
WHEREAS, "Cradle to Career Roadmap" the depicts the collaborative continuum
approach in which families, educators, government, business, labor, faith, and community-
based organizations act as pillars of support for students.
NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby
support and endorse the Cradle to Career Roadmap, with its ten academic and career
readiness success indicators, nine personal and social readiness success indicators, and five
pillars of support.
PASSED, APPROVED AND ADOPTED this 26th day of January 2016.
ATTEST:
Darcy McNaboe, Mayor Pat Jacquez-Nares, City Clerk
9.a
Packet Pg. 100
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
o
f
S
u
p
p
o
r
t
f
o
r
C
r
a
d
l
e
t
o
C
a
r
e
e
r
P
r
o
g
r
a
m
(
1
8
4
2
:
C
r
a
d
l
e
t
o
C
a
r
e
e
r
)
RESOLUTION NO. 2016-XX PAGE 2 OF 2 JANUARY 26, 2016
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 26th 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
9.a
Packet Pg. 101
At
t
a
c
h
m
e
n
t
:
R
e
s
o
l
u
t
i
o
n
o
f
S
u
p
p
o
r
t
f
o
r
C
r
a
d
l
e
t
o
C
a
r
e
e
r
P
r
o
g
r
a
m
(
1
8
4
2
:
C
r
a
d
l
e
t
o
C
a
r
e
e
r
)
9.
b
Pa
c
k
e
t
P
g
.
1
0
2
Attachment: Attachment I - Cradle to Career Chart (1842 : Cradle to Career)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Approval of a Professional Services Agreement Between
The City of Grand Terrace and Arbor Pro, Inc. for Tree
Inventory Services
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1. Approve a Professional Services Agreement Between the
City of Grand Terrace and Arbor Pro, Inc. for Tree Inventory
Services;
2. Authorize the City Manager to Execute the Agreement.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure.
BACKGROUND:
On October 27, 2015, the City Council approved the use of one-time money from the
2014-15 Fiscal Year operating budget to fund a number of Quality of Life Enhancement
and Preservation projects. Council actions included the allocation of $15,000 from the
Gas Tax Fund and General Fund to fund a Tree Trimming Inspection Program
comprised of a tree inventory that could be used to implement a 5 to 10 year master
pruning cycle.
DISCUSSION:
On November 24, 2015, a Request for Proposals was advertised on the City website
and emailed to various arboricultural firms. Six (6) proposals were received by the
Community Development Department on December 15, 2015. Of the proposals
received, ArborPro, Inc. offered the best proposal addressing the full scope of work at a
reasonable price. The proposals received are as follows:
• Arbor Pro, Inc. - $12,475 total
• Davey Resource Group - $20,950 for 5,000 trees or less
• David Magney Environmental Consulting – N/A received after deadline
• Dudek - $15,000 for 6,000 trees or less
• Trimming Land Company - $30,000
• West Coast Arborists - $6 per tree
The request for proposals called for the following scope of work:
1. Conduct a complete tree inventory that includes all city trees in the public rights-
10
Packet Pg. 103
of-way, City easements, streets, parkways, medians, parks, City facilities and
public parking lots,
2. Data collected for tree location shall be collected with global positioning system
(GPS) equipment,
3. Collection attributes of tree conditions (good, poor, hazardous, etc.) shall be used
to the complete tree inventory,
4. A schedule for primary maintenance needs shall be included in the tree inventory
report as a recommended pruning program,
5. A complete (100%) tree inventory, collected data and all associated maps in a
geographic information system (GIS) shall be submitted in a digitized format, and
shall be compatible with the City’s computer hardware and software and shall
become the property of the City of Grand Terrace.
Arbor Pro, Inc. is a consultant firm that offers the breadth and quality of services
required to address the scope of work. Additionally, the vendor was very responsive
with a solution that addresses all aspects of the scope of work including a pruning
program and estimated cost for implementation of the program. Lastly, the vendor
offered a cost-effective solution that fit within the City’s budget for this service. Staff
contacted the references for Arbor Pro, Inc. and received positive feedback.
Staff is recommending that Council approve a Professional Services Agreement with
ArborPro, Inc. for tree inventory services for an amount not to exceed $12,475.00 and
authorize the City Manager to execute the Agreement.
FISCAL IMPACT:
There are funds in the 2015-16 Gas Tax Fund that are available for this expense in the
budget line item listed below:
PROPOSED APPROPRIATION FROM GAS TAX FUND
FUND ACCOUNT ACCOUNT TITLE AVAILABLE
BUDGET
Gas Tax Fund (16) 16-175-250-302-
000
Tree Trimming
Inspection Program
$10,000.00
General Fund (10) 10-175-250-302-
000
Tree Trimming
Inspection Program
$5,000.00
TOTAL $15,000.00
ATTACHMENTS:
ArborPro Inc Proposal (PDF)
Professional Services Agreement - Tree Inventory Services (DOC)
APPROVALS:
Sandra Molina Completed 01/20/2016 12:50 PM
City Attorney Completed 01/20/2016 2:54 PM
10
Packet Pg. 104
Finance Completed 01/21/2016 10:59 AM
Community Development Completed 01/21/2016 10:59 AM
City Manager Completed 01/21/2016 1:38 PM
City Council Pending 01/26/2016 6:00 PM
10
Packet Pg. 105
This page left intentionally blank.
10.a
Packet Pg. 106
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 107
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 108
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 109
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 110
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 111
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 112
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 113
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 114
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 115
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 116
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 117
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 118
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 119
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 120
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 121
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 122
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 123
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 124
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 125
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 126
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 127
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 128
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 129
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 130
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
10.a
Packet Pg. 131
At
t
a
c
h
m
e
n
t
:
A
r
b
o
r
P
r
o
I
n
c
P
r
o
p
o
s
a
l
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made as of this 26th day of January, 2016
by and between the CITY OF GRAND TERRACE ("City") and Arbor Pro, Inc.
("Consultant").
1. CONSULTANT'S SERVICES. Consultant agrees to perform during the term of
this Agreement, the tasks, obligations, and services set forth in the "Scope of
Services" attached to and incorporated into this Agreement as Exhibit A (the
"Services").
2. TERM OF AGREEMENT. This Agreement shall be effective on the date above
and the Agreement shall remain in effect until April 1, 2016 unless otherwise
terminated pursuant to the provisions herein.
3. FAMILIARITY WITH WORK. By execution of this Agreement, Consultant
warrants that
(1) It has thoroughly investigated and considered the work to be
performed, based on all available information.
(2) It carefully considered how the work should be preformed, and
(3) It fully understands the difficulties and restrictions attending the
performance of the work under this Agreement.
(4) It has the professional and technical competency to perform the
work and the production capacity to complete the work in a timely
manner with respect to the schedule included in the scope of
services.
4. PAYMENT FOR SERVICES. City shall pay for the services performed by
Consultant pursuant to the terms of this Agreement, the compensation set forth
in the "Schedule of Compensation" attached to and incorporated into this
Agreement as Exhibit B. The fees for services shall not exceed the authorized
amount of $12,475.00 as set forth in Attachment "B," unless the CITY has given
specific advance approval in writing.
5. TIME FOR PERFORMANCE. Consultant shall not perform any work under this
Agreement until (a) Consultant furnishes proof of insurance as required under
Paragraph "8" of this Agreement. All services required by Consultant under this
Agreement shall be completed on or before April 1, 2016.
6. DESIGNATED REPRESENTATIVE. Consultant hereby designates Keith Hennig
as the Consultant Representative, and said Representative shall be responsible
10.b
Packet Pg. 132
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 2 of 14
for job performance, negotiations, contractual matters, and coordination with the
City. Consultant's professional services shall be actually performed by, or shall
be immediately supervised by, the Consultant Representative.
7. HOLD HARMLESS; INDEMNIFICATION. Consultant hereby agrees to protect,
indemnify and hold City and its employees, officers and servants free and
harmless from any and all losses, claims, liens, demands and causes of action of
every kind and character including, but not limited to, the amounts of judgment,
interests, court costs, legal fees and other expenses incurred by the City arising
in favor of any party, including claims, liens, debts, personal injuries, including
employees of the City, death or damages to property (including property of the
City) and without limitation by enumeration, all other claims or demands of every
character occurring or arising directly out of the negligent acts, recklessness or
willful misconduct of Consultant in the performance of its services under this
Agreement. This provision is not intended to create any cause of action in favor
of any third party against Consultant, or the City or to enlarge in any way the
Consultant's liability but is intended solely to provide for indemnification of the
City for liability for damages or injuries to third persons or property arising from
Consultant's negligent performance hereunder.
8. INSURANCE. Consultant shall procure and maintain at all times during the term
of this Agreement insurance as set forth in Exhibit "C" attached hereto. Proof of
insurance shall consist of a Certificate of Insurance provided on IOS-CGL form
No. CG 0001 II 85 or 88 executed by Consultant's insurer and in a form approved
by, the City's City Attorney and City's Legal Counsel.
9. LICENSES, PERMITS, AND FEES. Consultant shall obtain a City of Grand
Terrace Business License and any and all other permits and licenses required for
the services to be performed under this Agreement.
10. INDEPENDENT CONTRACTOR STATUS. City and Consultant agree that
Consultant, in performing the Services herein specified, shall act as an
independent Contractor and shall have control of all work and the manner in
which it is performed. Consultant shall be free to contract for similar services to
be performed for other entities while under contract with City. Consultant is not
an agent or employee of City, and is not entitled to participate in any pension
plan, insurance, bonus or similar benefits City provides for its employees.
Consultant shall be responsible to pay and hold City harmless from any and all
payroll and other taxes and interest thereon and penalties, therefore, which may
become due as a result of services performed hereunder.
11. ASSIGNMENT. This Agreement is for the specific services with Consultant as set
forth herein. Any attempt by Consultant to assign the benefits or burdens of this
Agreement without written approval of City is prohibited and shall be null and
void; except that Consultant may assign payments due under this Agreement to
a financial institution.
10.b
Packet Pg. 133
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 3 of 14
12. STANDARD. Consultant agrees that the services to be rendered pursuant to this
Agreement shall be performed in accordance with the standards customarily
provided by an experienced and competent professional organization rendering
the same or similar services. Consultant shall re-perform any of said services,
which are not in conformity with standards as determined by the City.
13. CONFIDENTIALITY. Consultant covenants that all data, documents, discussion,
or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant
such authorization if disclosure is required by law. All City data shall be returned
to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
14. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate
records with respect to all services and matters covered under this Agreement.
City shall have free access at all reasonable times to such records, and the right
to examine and audit the same and to make transcripts therefrom, and to inspect
all program data, documents, proceedings and activities. Consultant shall
maintain an up-to-date list of key personnel and telephone numbers for
emergency contact after normal business hours.
15. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. All reports, documents,
all analysis, computations, plans, correspondence, data, information, computer
media, including disks or other written material developed and/or gathered by
Consultant in the performance of this Agreement shall be and remain the
property of City without restriction or limitation upon its use or dissemination by
City. Such Material shall not be the subject of a copyright application by
Consultant. Any re-use by City of any such materials on any project other than
the project for which they were prepared shall be at the sole risk of City unless
City compensate Consultant for such use. Such work product shall be
transmitted to City within ten (10) days after a written request therefore.
Consultant may retain copies of such products.
16. NOTICES. All notices given or required to be given pursuant to this Agreement
shall be in writing and may be given by personal delivery or by mail. Notice sent
by mail shall be addressed as follows:
City: G. Harold Duffey, City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, Ca 92313
Consultant: Keith Hennig, President
ArborPro, Inc.
10.b
Packet Pg. 134
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 4 of 14
22605 E. La Palma Ave. #509
Yorba Linda, CA 92887
If the name of the principal representative designated to receive the notices,
demands or communications, or the address of such person, is changed, written
notice shall be given within five (5) working days of said changes
17. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a
complete Request for Taxpayer Identification Number and Certification, Form W -
9, as issued by the Internal Revenue Service.
18. APPLICABLE LAWS, CODES AND REGULATIONS. Consultant shall perform all
services described in accordance with all applicable laws, codes and regulations
required by all authorities having jurisdiction over the Services. Consultant
agrees to comply with prevailing wage requirements as specified in the California
Labor Code, Sections 1770, et seq.
19. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform
work similar to the Services provided hereunder.
20. BENEFITS. Consultant will not be eligible for any paid benefits for federal , social
security, state workers' compensation, unemployment insurance, professional
insurance, medical/dental, retirement PERS or fringe benefits offered by the City
of Grand Terrace.
21. PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement
claims or is determined by a court of competent jurisdiction or the California
Public Employees Retirement System ("PERS") to be eligible for enrollment in
PERS as an employee of the City, Consultant shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for
PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such
contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing service under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to
eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee
contributions for PERS benefits.
10.b
Packet Pg. 135
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 5 of 14
22. TRAVEL EXPENSES. Any reimbursement expenses must be pre-authorized and
shall be based upon the approved rates of the San Bernardino County Auditor-
Controller.
23. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential
conflict of interest shall be fully disclosed prior to execution of contract and
Consultant shall comply with all applicable federal, state and county laws and
regulations governing conflict of interest.
24. ECONOMIC INTEREST STATEMENT. Consultant hereby acknowledges that
pursuant to Government Code Section 87300 and the Conflict of Interest Code
adopted by City hereunder, Consultant is designated in said Conflict of Interest
Code and is therefore required to file an Economic Interest Statement (Form 700)
with the City Clerk, for each employee providing advise under this Agreement,
prior to the commencement of work.
25. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not
conduct any activity, including any payment to any person, officer, or employee
of any governmental agency or body or member of Congress in connection with
the awarding of any federal contract, grant, loan, intended to influence legislation,
administrative rulemaking or the election of candidates for public office during
time compensated under the representation that such activity is being performed
as a part of this Agreement.
26. NON-DISCRIMINATION. In the performance of this Agreement, Consultant shall
not discriminate against any employee, subcontractor, or applicant for
employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age physical or mental handicap, medical condition, or sexual
orientation. Consultant will take affirmative action to ensure that subcontractors
and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
27. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received
from City and make them accessible for audit or examination for a period of three
years after final payments are issued and other pending matters.
28. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor
may any of the terms, provisions or conditions be modified or waived or
otherwise affected, except by a written amendment signed by all parties.
29. WAIVER. If at any time one party shall waive any term, provision or condition of
this Agreement, either before or after any breach thereof, no party shall
thereafter be deemed to have consented to any future failure of full performance
hereunder.
10.b
Packet Pg. 136
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 6 of 14
30. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a
covenant and a condition.
31. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or
without cause, in its sale discretion, with thirty (30) days written notice.
32. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "31" of
this Agreement, City shall be liable to Consultant only for work performed by
Consultant up to and including the date of termination of this Agreement, unless
the termination is for cause, in which event Consultant need be compensated
only to the extent required by law. Consultant shall be entitled to payment for
work satisfactorily completed to date, based on proration of the monthly fees set
forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt
of a close-out billing.
33. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with laws of the State of California. In the event of litigation between
the parties, venue in state trial courts shall lie exclusively in the County of San
Bernardino. In the event of litigation in a U.S. District Court, exclusive venue shall
lie in the Central District of California.
34. LITIGATION FEES. Should litigation arise out of this Agreement for the
performance thereof, the court shall award costs and expenses, including
attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall
not be bound by any court fee schedule but shall award the full amount of costs,
expenses and attorney's fees paid and/or incurred in good faith. "Prevailing
Party" shall mean the party that obtains a favorable and final judgment or order
from a court of law described in paragraph "33." This paragraph shall not apply
and litigation fees shall not be awarded based on an order or otherwise final
judgment that results from the parties' mutual settlement, arbitration, or mediation
of the dispute.
35. SEVERABILITY. If any provision of this agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions nevertheless will continue in full force and effect without being
impaired or invalidated in any way.
36. FORCE MAJEURE. The respective duties and obligations of the parties
hereunder shall be suspended while and so long as performance hereto is
prevented or impeded by strikes, disturbances, riots, fire, severe weather,
government action, war acts, acts of God, or any other cause similar or dissimilar
to the foregoing which are beyond the control of the party from whom the
affected performance was due.
10.b
Packet Pg. 137
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 7 of 14
37. INTEGRATED AGREEMENT. This Agreement, together with Exhibits "A," "B"
and "C" supersede any and all other agreements, either oral or in writing,
between the parties with respect to the subject matter herein. Each party to this
Agreement acknowledges that no representation by any party, which is not
embodied herein, nor any other agreement; statement or promise not contained
in this Agreement shall be valid and binding. Any modification of the Agreement
shall be effective only if it is in writing and signed by all parties.
Dated: _____________________ "CITY"
By: __________________
G. Harold Duffey
City Manager
Dated: _____________________ "CONSULTANT"
By: __________________
Keith Hennig
President, ArborPro, Inc.
APPROVED AS TO FORM
___________________________
Richard L. Adams II
City Attorney
10.b
Packet Pg. 138
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 8 of 14
EXHIBIT "A"
SCOPE OF SERVICES
ArborPro, Inc. shall complete a (100%) tree inventory using Certified Arborists and
collecting data using global positioning systems (GPS) equipment and mapping and
storing data in a geographic information system (GIS) in accordance with all
environmental and safety standards and all applicable local, state and federal
ordinances. The final tree inventory report from Arbor Pro, Inc. will include a five
to ten year Pruning Program recommendation with estimated cost for
implementation. ArborPro, Inc. will provide, but not be limited, to the following scope of
services:
Conduct a complete (100%) tree inventory that includes all city trees in the
public rights-of-way, City easements, streets, parkways, medians, parks, City
facilities and public parking lots, etc.
Data collected for tree location shall be collected with global positioning
system (GPS) equipment.
Minimum collection attributes for complete tree inventory shall include, but not
be limited to:
o Mapping coordinate: X and Y coordinate locations (latitude and
longitude). Each tree and planting site shall be located using GPS
equipment and GIS maps.
o Area: Tree location shall be identified by subdivision or code number.
o Location: The tree’s physical location in relation to the public right-of-
way and/or public spaces will be recorded.
o Site Information: Street name, address, site location information such
as side, front, right, left, rear, or median-using a consistent method of
location trees on corners.
o Species: Trees shall be identified by genus and species, and by
common name.
o Trunk size: Tree trunk circumference and diameter shall be measured
and recorded at four and one-half (4 1/2) feet above grade.
o Height and Spread: Trees height and spread shall be measured in feet
and/or classified by range of size.
o Stems and Canopy Type: The number of stems and canopy type shall
be recorded.
o Condition: In general, the condition of each tree will be recorded using
methods and rating system accepted and/or established by the
International Society of Arboriculture (ISA).
Example:
Excellent – 100%
Very Good – 90%
Good – 80%
Fair – 60%
Poor – 40%
10.b
Packet Pg. 139
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 9 of 14
Critical – 20%
Dead – 0%
o Observations: General observations referring to a tree’s health and
structure.
o Clearance Required: Trees, which are causing or may cause visibility
or clearance difficulties for pedestrians or vehicles, will be identified, as
well as those tree blocking line-of-sight visibility of signs or traffic
signals.
o Hardscape Damage: Damage to sidewalks and curbs by tree roots are
noted and recommendations for potential fixes for the problem are
encouraged.
o Overhead Utilities: The inventory indicates whether overhead
conductors or other utilities are present at the tree site that could result
in conflicts with the tree.
o Grow Space: The area within the growing space is categorized as
(example):
L - Lawn
C - Concrete cut-out
M - Median
Pw - Parkway
Pl - Planter
Pk - Park
O - Open Space
U - Unmaintained Area
o Space Size: the narrowest dimension of the grow space, measured in
feet (ie 3’x3’ cutout, 4’ parkway, open parkland, etc.)
o Damage or Infestation: Identify any damage caused by mechanical
equipment or significant pest, insect, or disease infestation.
Maintenance Schedule: A schedule for primary maintenance needs shall be
included in the tree inventory report using the ANSI A300 pruning standards
for primary maintenance needs and type of pruning requirement:
Priority 1 Removal – Trees designated for removal have defects
that cannot be cost-effectively or practically treated. The
majority of the trees in this category have a large percentage of
a dead crown, and pose an elevated level of risk or failure. Any
hazards that could be seen as potential dangers to persons or
property and seen as potential liabilities would be in this
category. Large dead and dying trees that are high liability of
risks and are included in this category. These trees are the first
ones that should be removed.
Priority 2 Removal – Trees that should be removed but do not
pose liability as great as the first priority will be identified. This
10.b
Packet Pg. 140
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 10 of 14
category would need attention as soon as “Priority One” trees
are removed.
Priority 3 Removal – Trees that should be removed, but pose
minimal liability to person or property, will be identified in this
category.
Priority 1 Prune – Trees that require the removal of hazardous
deadwood, hangers, or broken branches. These trees have
broken or hanging limbs, hazardous deadwood, and dead, dying
or diseased limbs or leaders greater than four (4) inches in
diameter.
Priority 2 Prune - These trees have dead, diseased or
weakened branches between two (2) and four (4) inches in
diameter and are potential safety hazards.
Large Tree Routing Prune – These trees require routine
horticultural pruning to correct structural problems or growth
patterns, which would eventually obstruct traffic or interfere with
utility wires or buildings. Trees in this category are large enough
to require bucket truck access or manual climbing.
Small Tree Routine Prune – These trees require routine
horticultural pruning to correct structural problems or growth
patterns, which would eventually obstruct traffic or interfere with
utility wires or buildings. These trees are small growing, mature
trees that can be evaluated and pruned from the grown.
Training Prune – Young, large-growing trees that are still small
must be pruned to correct or eliminate weak, interfering or
objectionable branches in order to minimize future maintenance
requirements. These trees, up to 20 feet in height, can be
worked with a pole-pruner or by a person standing on the
ground.
Stump Grind/Removal – This category indicates a stump that
should be stump grown below grade level and/or removed.
Plant Tree – During the inventory, vacant planting sites will be
identified by street and address. The size of the site is
designated as small, medium, or large (indicating the ultimate
size that the tree will attain), depending on the growing space
available and presence of overhead wires.
Complete Tree Inventory Products: A complete (100%) tree inventory,
collected data and all associated maps in a geographic information system
(GIS) shall be submitted in a digitized format, and shall be compatible with the
City’s computer hardware and software and shall become the property of the
City of Grand Terrace. A complete 100% tree inventory shall be
completed by April 1, 2016.
Meetings: The proposer shall work with the Community Development
Department and Public Works Department – Maintenance and attend at
10.b
Packet Pg. 141
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 11 of 14
minimum two (2) meetings with the above departments and divisions to
discuss locations, data collection, methods, technologies and software that
will be used to conduct a complete inventory. The consultant will also work
with City staff for the presentation of the final tree inventory report/pruning
program recommendation to the City of Grand Terrace City Council.
10.b
Packet Pg. 142
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 12 of 14
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
$12,475.00 (Twelve Thousand Four Hundred and Seventy Five dollars).
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.
10.b
Packet Pg. 143
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 13 of 14
EXHIBIT "C"
The Consultant shall maintain throughout the duration of the term of the Agreement,
liability insurance covering the Consultant and, with the exception of Professional
Liability Insurance, designating City and City including its elected or appointed officials,
directors, officers, agents, employees, volunteers, or consultants, as additional insured
against any and all claims resulting in injury or damage to persons or property (both real
and personal) caused by any aspect of the Consultant's work, in amounts no less than
the following and with such deductibles as are ordinary and reasonable in keeping with
industry standards. It shall be stated, in the Additional Insured Endorsement, that the
Consultant's insurance policies shall be primary as respects any claims related to or as
the result of the Consultant’s work. Any insurance, pooled coverage, or self-insurance
maintained by the City and City, its elected or appointed officials, directors, officers,
agents, employees, volunteers, or consultants shall be non-contributory.
Professional Liability Insurance $1,000,000/$2,000,000
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
The Consultant shall provide thirty (30) days advance notice to City in the event of
material changes or cancellation of any coverage. Certificates of insurance and
additional insured endorsements shall be furnished to City thirty (30) days prior to the
effective date of this Agreement. Refusal to submit such certificates shall constitute a
material breach of this Agreement entitling City to any and all remedies at law or in
equity, including termination of this Agreement. If proof of insurance required under this
Agreement is not delivered as required or if such insurance is canceled and not
adequately replaced, City shall have the right but not the duty to obtain replacement
10.b
Packet Pg. 144
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
Page 14 of 14
insurance and to charge the Consultant for any premium due for such coverage. City
has the option to deduct any such premium from the sums due to the Consultant.
Insurance is to be placed with insurers authorized and admitted to write insurance in
California and with a current A.M. Best's rating of A-:VII or better. Acceptance of
insurance from a carrier with a rating lower than A-:VII is subject to approval by City 's
Risk Manager. Consultant shall immediately advise City of any litigation that may affect
these insurance policies.
10.b
Packet Pg. 145
At
t
a
c
h
m
e
n
t
:
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
-
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
(
1
8
2
6
:
T
r
e
e
I
n
v
e
n
t
o
r
y
S
e
r
v
i
c
e
s
)
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Approval of Interstate 215 Barton Road Cooperative
Agreement Between the San Bernardino County
Transportation Commission (SANBAG) and the City of
Grand Terrace
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: Approve Cooperative Agreement No. 16-1001384 between
the City of Grand Terrace and the San Bernardino
Transportation Commission for the Interstate 215 Barton
Road Interchange Project.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure; and Goal #3 Promote Economic Development by
investing in infrastructure needed to support business attraction and retention.
BACKGROUND:
The Interstate 215 (I-215) Barton Road Interchange Project (PROJECT) proposes to
improve traffic operations and reduce traffic congestion on Barton Road and ramp
intersections. The Project improvements include replacement of the Barton Road
overcrossing, reconstruction and widening of Barton Road, realignment of the existing
entrance and exit ramps, local road improvement, and traffic signal modifications.
The PROJECT will address area safety and traffic capacity concerns. In addition to the
freeway improvements, the PROJECT includes several new local street re-alignments,
acquisition of property within the City limits and many business relocations. Moreover,
the proposed improvements are viewed to be critical to the City’s economic vitality.
With full funding provided through the San Bernardino Associated Governments, the
California Department of Transportation has the lead role on the design and
construction phases.
The environmental document was approved on May 26, 2015. The current schedule
will have the PROJECT beginning construction in the Spring of 2017.
DISCUSSION:
This Cooperative Agreement (No. 16-1001384) defines roles and responsibilities of the
parties relative to Design, Right of Way and Construction phases of the PROJECT. It
identifies San Bernardino Transportation Commission (SANBAG) as the responsible
party for fully funding this project.
11
Packet Pg. 146
The agreement requires that the SANBAG provide all necessary Right of Way services
to acquire Right of Way for the PROJECT through negotiated purchases of property, or
if necessary, through eminent domain. Under this agreement, acquisitions of remnant
property not needed for the PROJECT will first be offered to adjacent land owners.
Ultimately, remnant property can be acquired in the name of the City of Grand Terrace
and requires the City to accept title to these properties.
SANBAG will make reasonable effort to relocate businesses affected by the PROJECT
within the boundaries of the City to the extent feasible.
The agreement also addresses potential requests made by the City for betterments
and/or additional work. Examples of these include undergrounding of utilities, decorative
street lighting and later landscape construction. These requests will require
identification of the funding and amendment to this agreement prior of the incorporation
of the additional work in the project. Staff will report back to the City Council on these
potential actions.
Under this agreement the City is responsible for providing permits, inspections, reviews,
acceptance of the transfer of title of properties and oversight at no cost to the San
Bernardino Transportation Commission or to consultants and contractors, for the work
on the PROJECT. In addition, the City shall assist the San Bernardino Transportation
Commission as requested, and when necessary, exercise its rights under utility
relocation law or under any franchise agreement, to cause each utility to relocate or
rearrange its utility facilities.
City staff concurs with the terms of this agreement and recommends approval.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
I-215 Cooperative Agreement_Design-ROW-Construction (PDF)
APPROVALS:
Sandra Molina Completed 01/13/2016 5:56 PM
City Attorney Completed 01/14/2016 4:43 PM
Finance Completed 01/15/2016 3:45 PM
Community Development Completed 01/18/2016 11:24 AM
City Manager Completed 01/21/2016 7:38 AM
City Council Pending 01/26/2016 6:00 PM
11
Packet Pg. 147
Contract No. 16-1001384
COOPERATIVE AGREEMENT NO. 16-1001384
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
AND
CITY OF GRAND TERRACE
FOR
DESIGN, RIGHT-OF-WAY (ROW), AND CONSTRUCTION PHASES FOR THE
INTERCHANGE AT BARTON ROAD AND INTERSTATE 215 IN THE CITY OF
GRAND TERRACE
THIS COOPERATIVE AGREEMENT (“Agreement”) is made and entered into by and between
the San Bernardino County Transportation Commission (hereinafter referred to as “SANBAG”)
and the City of GRAND TERRACE (“CITY’), (SANBAG and CITY may be referred to herein
as a “Party”and collectively “Parties”).
WHEREAS, SANBAG is the lead agency for all phases of a project located in the City
of Grand Terrace on Barton Road to lengthen and widen the Barton Road Bridge over the I-215
and to widen and reconfigure ramps, modify traffic signals and construct a roundabout at
intersection of Barton Road/southbound ramps/La Crosse Avenue (“Project”); and
WHEREAS, the Parties consider the PROJECT to be high priority and are willing to
participate in funding the PROJECT pursuant to the provisions of Measure I 2010-2040
Expenditure Plan;and
WHEREAS, the PROJECT cost for all phases shall be funded by SANBAG; and
WHEREAS, the Parties wish to delineate roles, responsibilities, and funding
commitments relative to the Design, Right-of-Way (“ROW”), and Construction activities of the
PROJECT.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises herein, the Parties agree as follows:
I. SANBAG RESPONSIBILITIES
SANBAG agrees:
A.To be lead agency on Project Management and to diligently undertake and complete all
phases of work on the PROJECT,including the selection and retention of consultants and
procurement of a contractor. Performance of services under these consultant contracts shall
11.a
Packet Pg. 148
At
t
a
c
h
m
e
n
t
:
M
i
c
r
o
s
o
f
t
W
o
r
d
-
1
6
-
1
0
0
1
3
8
4
C
i
t
y
R
O
W
A
g
r
e
e
m
e
n
t
F
i
n
a
l
C
i
t
y
T
R
(
1
8
3
6
:
C
o
o
p
e
r
a
t
i
o
n
A
g
r
e
e
m
e
n
t
B
e
t
w
e
e
n
S
A
N
B
A
G
a
n
d
G
r
a
n
d
Contract No. 16-1001384
be subject to the technical direction of SANBAG’s Director of Project Delivery, or his
designee, with input and consultation from CITY.
B.To provide all necessary ROW services to acquire right–of-way for the PROJECT through
negotiated purchases of property, or if necessary, through eminent domain. Voluntary
acquisitions may be acquired in the name of the jurisdiction in which the property lies.
C.To coordinate with Caltrans for District condemnation evaluation and condemnation panel
review meetings related to property acquisitions, if necessary, and to provide all documents
necessary for Hearings of Resolutions of Necessity to be conducted before the San
Bernardino County Transportation Commission in the event voluntary acquisition is not
agreed to after the making of a statutory offer.
D.To fully fund the Project, including expenses related to property management of all
properties acquired for the Project via property manager or contractor until construction is
completed.
E.To include CITY in Project Development Team (PDT) meetings and related communications
on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and
action items.
F.To provide CITY an opportunity to review and comment on the Plans, Specifications and
Estimate (PS&E), ROW, and Construction documents.
G.To make reasonable efforts to relocate businesses affected by the PROJECT within the
boundaries of the CITY to the extent feasible.
H.To address, prior to incorporation into the project, any requests made by the CITY for any
betterments and/or additional work and the source of funding of same under separate
agreements or amendments to this agreement approved between the Parties.
I.To require that the Contractor agree to indemnify and defend CITY from any and all claims
that arise out of Contractor’s negligence in performing its duties under the Contract.
J.To require the Contractor to name the CITY as an additional insured on all liability insurance
required in the agreement between SANBAG and the Contractor.
II.CITY RESPONSIBILITIES
CITY agrees:
A.To designate a responsible staff member that will be CITY’s representative in attending the
PDT meetings, receiving day-to-day communication and reviewing the Project documents.
B.To complete review and provide comments on the Project documents within two (2) weeks
of receiving the review request from SANBAG.
11.a
Packet Pg. 149
At
t
a
c
h
m
e
n
t
:
M
i
c
r
o
s
o
f
t
W
o
r
d
-
1
6
-
1
0
0
1
3
8
4
C
i
t
y
R
O
W
A
g
r
e
e
m
e
n
t
F
i
n
a
l
C
i
t
y
T
R
(
1
8
3
6
:
C
o
o
p
e
r
a
t
i
o
n
A
g
r
e
e
m
e
n
t
B
e
t
w
e
e
n
S
A
N
B
A
G
a
n
d
G
r
a
n
d
Contract No. 16-1001384
C.To accept title to properties acquired for the Project and under the jurisdiction of the City
upon close of escrow for voluntary purchases,and within thirty (30)days of presentation of
quit claims for property acquired by SANBAG through eminent domain.
D.To provide permits, inspections, reviews, acceptance of the transfer of title of properties and
oversight at no cost to SANBAG or to consultants and contractors contracted by SANBAG,
for the work on the PROJECT. CITY’s Director of the Department of Community
Development is authorized to act on behalf of CITY under this section of the Agreement.
E.City shall assist SANBAG as requested, and when necessary, exercise its rights under utility
relocation law or under any franchise agreement, to cause each utility to relocate or rearrange
its utility facilities.
III.MUTUAL RESPONSIBILITIES
The Parties agree:
A.To abide by all applicable federal, state and local laws and regulations pertaining to the
PROJECT, including policies in the applicable program in the Measure I 2010-2040
Strategic Plan, as amended, as of the Effective Date of this Agreement.
B.This Agreement will be considered terminated upon completion of SANBAG’s property
conveyance and Project closeout.
C.The Recitals to this Agreement are true and correct and are incorporated into this Agreement.
D.All signatories hereto warrant that they are duly authorized to execute this Agreement on
behalf of said Parties and that by executing this Agreement, the Parties hereto are formally
bound to this Agreement.
E.Except on subjects preempted by federal law, this Agreement shall be governed by and
construed in accordance with the laws of the State of California.
F.If any clause or provision of this Agreement is fully and finally determined by a court of
competent jurisdiction to be illegal, invalid or unenforceable under applicable present or
future laws, then it is the intention of the Parties that the illegal, invalid or unenforceable
clause or provision shall be deemed severed from this Agreement and the remainder of this
Agreement shall not be affected but shall remain in full force and effect.
G.This Agreement cannot be amended or modified in any way except in writing, signed by all
Parties hereto.
H.Neither this Agreement, nor any of the Parties’rights, obligations, duties, or authority
hereunder may be assigned in whole or in part by either Party without the prior written
consent of the other Party in its sole, and absolute, discretion. Any such attempt of
assignment shall be deemed void and of no force and effect.
11.a
Packet Pg. 150
At
t
a
c
h
m
e
n
t
:
M
i
c
r
o
s
o
f
t
W
o
r
d
-
1
6
-
1
0
0
1
3
8
4
C
i
t
y
R
O
W
A
g
r
e
e
m
e
n
t
F
i
n
a
l
C
i
t
y
T
R
(
1
8
3
6
:
C
o
o
p
e
r
a
t
i
o
n
A
g
r
e
e
m
e
n
t
B
e
t
w
e
e
n
S
A
N
B
A
G
a
n
d
G
r
a
n
d
Contract No. 16-1001384
I.No waiver of any default shall constitute a waiver of any other default whether of the same or
other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or
performed by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
J.In the event of litigation arising from this Agreement, each Party to this Agreement shall bear
its own costs, including attorney(s) fees.
K.This Agreement may be signed in counterparts, each of which shall constitute an original.
This Agreement is effective and shall be dated on the date executed by SANBAG.
L.Any notice required, authorized or permitted to be given hereunder or any other
communications between the Parties provided for under the terms of this Agreement shall be
in writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier addressed to the relevant party at the address/fax number stated below:
If to SANBAG:Garry Cohoe
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276
If to CITY:Sandra Molina
Community Development Director
22795 Barton Road
Grand Terrace, CA 92313
Telephone: (909)824-6621 ext. 225
IN WITNESS THEREOF, this Agreement has been executed by the Parties hereto and is
effective on the date signed by SANBAG.
SIGNATURES ON FOLLOWING PAGE:
11.a
Packet Pg. 151
At
t
a
c
h
m
e
n
t
:
M
i
c
r
o
s
o
f
t
W
o
r
d
-
1
6
-
1
0
0
1
3
8
4
C
i
t
y
R
O
W
A
g
r
e
e
m
e
n
t
F
i
n
a
l
C
i
t
y
T
R
(
1
8
3
6
:
C
o
o
p
e
r
a
t
i
o
n
A
g
r
e
e
m
e
n
t
B
e
t
w
e
e
n
S
A
N
B
A
G
a
n
d
G
r
a
n
d
Contract No. 16-1001384
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. C16-1001384
BETWEEN
SAN BERNARDINO TRANSPORTATION COMMISSION
and CITY OF GRAND TERRACE
SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION
CITY OF GRAND TERRACE
By:___________________________By:__________________________
Ryan McEachron Darcy McNaboe, Mayor
President, Board of Directors City of Grand Terrace
Date:__________________________Date:__________________________
APPROVED AS TO FORM
APPROVED AS TO FORM AND
PROCEDURE:
By:____________________________
Richard L. Adams, II
CITY Attorney
By:____________________________
Eileen Monaghan Teichert
General Counsel
By:____________________________
Jeffery Hill
Procurement Manager
11.a
Packet Pg. 152
At
t
a
c
h
m
e
n
t
:
M
i
c
r
o
s
o
f
t
W
o
r
d
-
1
6
-
1
0
0
1
3
8
4
C
i
t
y
R
O
W
A
g
r
e
e
m
e
n
t
F
i
n
a
l
C
i
t
y
T
R
(
1
8
3
6
:
C
o
o
p
e
r
a
t
i
o
n
A
g
r
e
e
m
e
n
t
B
e
t
w
e
e
n
S
A
N
B
A
G
a
n
d
G
r
a
n
d
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Award of Contract for Pico Park Sidewalk Improvements
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: 1. Reject the non-responsive bid from Omar Taha
Construction;
2. Authorize award of construction contract for the Pico
Park Sidewalk Improvements to R-JS General Construction
as the lowest responsive bidder in the amount of
$18,135.00; and
3. Authorize the Community Development Director to
approve change orders not to exceed 5% of the awarded
contract, which would result in a total project construction
budget of $19,042.00.
2030 VISION STATEMENT:
This staff report supports Goal #2 to Maintain Public Safety and Goal #4 Develop and
Implement Successful Partnerships.
BACKGROUND:
Pico and Richard Rollins Park are used by organized youth sports leagues, such as
Grand Terrace Little League, Grand Terrace Community Soccer League and Grand
Terrace Youth Basketball.
Grand Terrace Little League uses Pico Park. Little League has requested that the City
provide an ADA accessible paved walkway to the rear ball field located in the south-east
portion of Pico Park. This walkway would provide an accessible path for families and
disabled persons walking to the rear field without having to use the dirt or the grass
areas.
DISCUSSION:
The Pico Park Sidewalk Improvements was advertised to bid on December 15, 2015
with five plan rooms including the Dodge Room, ebidboard, AVR Repro & Plan Room,
AGC Plan Room, and Bid America. The project was also advertised on the City’s
website. On January 6, 2016 bids were opened and recorded by the City Clerk’s office.
There were 6 contractors who provided bids on the project, the results are as follows:
Contractor Bid Amount Responsive
Omar Taha Construction $13,700.00 No
R-JS General Construction $18,135.00 Yes
12
Packet Pg. 153
DM Contracting, Inc. $22,864.00 Yes
Aghapy Group, Inc. $29,184.50 Yes
Act 1 Construction $32,749.00 Yes
Wheeler Paving, Inc. $39,702.50 Yes
A bid analysis was performed on each submitted bid. The bid from Omar Taha
Construction failed to provide the required bid bond and thus was disqualified as non-
responsive. The lowest responsive bid for the Pico Park Sidewalk Project with a bid
price of $18,135.00 is R-JS General Construction.
FISCAL IMPACT:
On September 22, 2015, the City Council appropriated $40,000 from the Park Fund
(Fund 13) for regulatory and ADA upgrades to Richard Rollins and Pico Park(s). No
additional fiscal impact will occur.
This Project would utilize $22,352.00 of that appropriation, which would cover
construction, including a 5% contingency for change orders, and engineering costs
associated with design and bidding. Account Number 13-445-701-000-000 has been
established for this capital improvement.
ATTACHMENTS:
Pico Park Sidwalk Improvements_Contract.pdf (PDF)
APPROVALS:
Sandra Molina Completed 01/20/2016 9:19 AM
City Attorney Completed 01/20/2016 9:46 AM
Finance Completed 01/21/2016 9:52 AM
Community Development Completed 01/21/2016 9:53 AM
City Manager Completed 01/21/2016 7:27 AM
City Council Pending 01/26/2016 6:00 PM
12
Packet Pg. 154
D-1
CONTRACT AGREEMENT
THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this ____ day
of ________2016, (“Effective Date”) by and between the CITY OF GRAND TERRACE
(“City”), a public entity, and____________________________., ("Contractor"), a California
Corporation.
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 and Drawings 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 and Drawings.
b)The Notice Inviting Bids, Instructions to Bidders, Proposal, Information required of
Bidder, Specification, Drawings, Exhibits 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.
c)In entering into a Public Works Contract for a subcontract to supply goods, services or
materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and
agrees to assign to the City all rights, title, and interest in and to all causes of action it
may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code, arising from purchases of goods, services, or materials pursuant to
the Public Works Contract or the subcontract. This assignment shall be made and
become effective at the time the City tenders final payment to the Contractor without
further acknowledgment by the parties.
2.Term.This Agreement shall be effective on the date first written above unless otherwise
provided in Exhibit “A” Scope of Services and the Agreement shall remain in effect until
terminated as provided herein.
3.Compensation/Payment.Contractor shall perform the Services under this Agreement for
the total sum not to exceed ____________________________. 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:
January
26th
R-JS General Construction
$18,135.00
12.a
Packet Pg. 155
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-2
To City To
City of Grand Terrace
22795 Barton Rd. Bldg. B
Grand Terrace, CA 92313
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 care and skill customarily exercised by reputable members of Contractors in the
Metropolitan Southern California Area, and shall use reasonable diligence and best judgment
while exercising its 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. The key personnel listed in Exhibit “B” attached hereto and
incorporated herein by this reference and assigned to perform portions of the Services shall
remain assigned through completion of the Services, unless otherwise mutually agreed by the
parties in writing, or caused by hardship or resignation in which case substitutes shall be subject
to City approval.
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 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 13. 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 his
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 has no obligation to pay or withhold state or
federal taxes or to provide workers’ compensation or unemployment insurance to Contractor to
Contractors employees, subcontractors and agents. Contractor as an independent contractor shall
be responsible for any and all taxes that apply to Contractor as an employer.
12.a
Packet Pg. 156
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-3
11.Pers Eligibility Indemnity.In the event that Contractor or any employee, agent, or
subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System
(“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
12 Indemnifications.
12.1 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 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.
12.2 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.
13.Insurance.
13.1 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 coverage’s in the types, limits, forms and
ratings required herein. The rating and required insurance policies and coverage’s may be
modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless
such modification is prohibited by law.
13.1.1 Limitations.These minimum amounts of coverage shall not constitute any
limitation or cap on Contractor’s indemnification obligations under Section 12 hereof.
13.1.2 Ratings. Any insurance policy or coverage provided by Contractor 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.a
Packet Pg. 157
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-4
13.1.3 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.
13.1.4 Adequacy. 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. If Contractor believes
that any required insurance coverage is inadequate, Contractor will obtain such
additional insurance coverage as deems adequate, at Contractor's sole expense.
13.2 Workers’ Compensation Insurance: By executing this Agreement, 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.
13.3 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 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 insured’s under the Contractor’s
insurance policies.
13.3.1 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 ’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.
13.3.2 Contractors 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, owned vehicles, leased vehicles, Contractor’s
employee vehicles, non-owned vehicles and hired vehicles.
13.3.3 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 its officers,
employees and agents, as additional insured’s. Said policies shall be in the usual
12.a
Packet Pg. 158
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-5
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 insures under this policy, solely for work done by and on
behalf of the named insured for the City of Grand Terrace.
13.4 Subcontractors’ Insurance.Contractor shall require all of its subcontractors to
carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that
may be caused by the subcontractors’ scope of work and activities provided in
furtherance of this Agreement, including, but without limitation, the following
coverage’s: Workers Compensation, Commercial General Liability, Errors and
Omissions, and Automobile liability. Upon City’s request, Contractor shall provide City
with satisfactory evidence that Subcontractors have obtained insurance policies and
coverage’s required by this section.
14.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.
15.Time of Essence. Time is of the essence for each and every provision of this Agreement.
16.City's Right to Employ Other.City reserves the right to employ other in connection with
the Services.
17.Solicitation.Contractor warrants that they have 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 only for the value of work 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, 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
Professional, 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 the City.
20.Termination.City, by notifying Contractor in writing, shall have the right to terminate any
or all of professional’s services and work covered by this Agreement at any time, with or without
cause. In the event of such termination, Contractor may submit s final written statement of the
12.a
Packet Pg. 159
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-6
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 16 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.
20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written
notice prior to termination.
20.2 City may terminate this Agreement upon fifteen (15) days written notice to
Contractor, in the event:
20.2.1 Contractor substantially fails to perform or materially breaches the Agreement;
or
20.2.2 City decides to abandon or postpone the Services.
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 by City in writing. In the event of a dispute as to the amount owed or
whether such amount is owed to 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.Governing Law,Venue, Dispute Resolution and Attorneys' Fees.This Agreement shall
be governed by and construed in accordance with laws of the State of California. Prior to
commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising
out of the Agreement shall first be submitted to an alternative dispute resolution process as set
forth in Section 24 herein. 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.Alternative Dispute Resolution.In the event of any controversy, dispute or claim arising
out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other
and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If
they do not reach settlement within a period of 60 days, the matter shall be submitted to an
alternative dispute resolution process, either nonbinding arbitration or mediation, (“Process”) by
written notice from either party to the other. The parties shall meet and confer in good faith and
select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected
Process shall be completed no later than 120 days (“Process Period”) after tender of the
aforementioned written notice, unless the Parties mutually agree to an extension of the Process
12.a
Packet Pg. 160
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-7
Period. If the matter is not successfully resolved by the selected Process, within the Process
Period, the parties are free to commence litigation in a court of competent jurisdiction as defined
in Section 23 herein. Any litigation commenced without both parties’ consent prior to the end
of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties
further agree to equally bear the cost of the Process.
25.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.
26.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.
27.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.
28.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, nor is neither party
relying on, any representation or warranty outside those expressly set forth in this Agreement.
29.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.
29.1 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.
29.2 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.
29.3 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.
12.a
Packet Pg. 161
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-8
30.Exhibits.The following exhibits attached hereto are incorporated herein to this Agreement
by this reference:
Exhibit “A” - Scope of Services and fees
Exhibit “B” - Key Personnel
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: _________________________
Harold Duffey
City Manager
Attest: ______________________
Pat Jacques-Nares
City Clerk
APPROVED AS TO FORM:
_______________________Title]
Richard L. Adams II
City Attorney
By: _____________________________________________
________________________________________________
[Printed Name]
12.a
Packet Pg. 162
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 163
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 164
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 165
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 166
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 167
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 168
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 169
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 170
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 171
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 172
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 173
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 174
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 175
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 176
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 177
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-9
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we
a
hereinafter called "Principal" and
of , State of California, hereinafter called the “Surety”, are held and
firmly bound unto
of
hereinafter called "City" in the penal sum
of Dollars ($ ) in lawful money of these
ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the City, dated the day of
2013 a copy of which is hereunto attached and made a part hereof for the construction of:
PICO PARK SIDEWALK IMPROVEMENTS
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said by Contract during the
original term thereof, and any extensions thereof which may be granted by the City, with or
without notice to the Surety, and if he shall satisfy all claims and demands incurred under such
Contract, and shall fully indemnify and save harmless the City from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the City all
outlay and expense which the City may incur in making good any default, then this obligation
shall be void; otherwise, to remain in full force and effect.
PROVIDED FURTHER that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the
12.a
Packet Pg. 178
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-10
work to be performed thereunder or the Specifications accompanying the same shall in anyway
affect its obligation on this bond, and it does hereby waive notice of any such change, extension
of time,
alteration or addition to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the City and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in
Counterparts, each one of which shall be deemed an original, this the day of
2016.
ATTEST:
PRINCIPAL
PRINCIPAL SEC.
SEAL BY
ADDRESS
AS TO PRINCIPAL
ADDRESS
SURETY
ATTORNEY IN FACT
ATTEST:
SURETY SEC. ADDRESS
SEAL
WITNESS AS TO SURETY
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract
12.a
Packet Pg. 179
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-11
LABOR AND MATERIAL BOND
KNOWN ALL MEN BY THESE PRESENTS, that we
hereinafter called "Principal" and
of , State of California,
hereinafter called "Surety", are held and firmly bound unto
of hereinafter called "Owner", in the penal sum
of
dollars ($ ) in lawful money of
these United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by
these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, The
Principal certain contract with the Owner, dated day of
2016, a copy of which is hereto attached and made a part hereof for the
construction of:
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution
of the work provided for in such contract, and any authorized extension of modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, repairs on machines, equipment
and tools, consumed or used in connection with the construction of such work, and all insurance
premiums of said work, and for all labor, performed in such work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that if the original contractor or his subcontractor fails to pay any of the
12.a
Packet Pg. 180
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-12
persons named in Section 3181, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the contract, or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the contractor and his subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code, with respect to such work and labor that the surety or sureties
will pay for the same, in an amount not exceeding the sum specified in attorney's fee, to be fixed
by the court. The original contractor may require of his subcontractors a bond to indemnify the
original contractor for any loss sustained by the original contractor because of any default by his
subcontractors under this section.
PROVIDED FURTHER, that the said surety for value received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any way effect
its obligation on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
12.a
Packet Pg. 181
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-13
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which
shall be deemed an original, this the day of , 2016.
ATTEST:
(Principal)
(Principal Sec.)
(SEAL) (By)
(Address)
(Witness as to Principal)
(Address)
(Surety)
ATTEST:
(Surety Sec.)
(SEAL)
(By)
(Address)
(Address)
12.a
Packet Pg. 182
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
D-14
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor
Code, Section 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability worker's
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this Contract.
DATE: (Contractor)
(By)
12.a
Packet Pg. 183
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-1
GENERAL PROVISIONS
SECTION 1 - DEFINITIONS AND ABBREVIATIONS
1.01 CITY
The word "City" shall mean the City of Grand Terrace named in the Contract Documents.
1.02 ENGINEER
The word "Engineer" shall mean the Director of Public Works or individual authorized by the City
to oversee the execution of this Contract, acting either directly or through properly authorized
agents, each agent acting only within the scope of authority delegated to him by the Engineer.
1.03 CONTRACTOR
The word "Contractor" shall mean the party entering into Contract with the City for performance
of the work called for in these specifications and shown on the drawings, including the
Contractor's authorized agents.
1.04 SUBCONTRACTOR
The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement
with the Contractor for performance at the site of the work, of any part of the Contractor's
obligation under the Contract.
The Contractor, shall in his bid offer, set forth:
(a) The name and the location of the place of business of each subcontractor who
will perform work or labor or render service to the prime Contractor in or about
the construction of the work or improvements, or a subcontractor licensed by the
State of California who, under subcontract to the prime Contractor, specially
fabricates and installs a portion of the work or improvement according to detailed
drawings contained in the plans and specifications, in an amount in excess of
one-half of 1 percent of the prime Contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor under this
contract shall be listed individually. The prime Contractor shall list only one
subcontractor for each such portion as is defined by the prime Contractor in his
bid.
12.a
Packet Pg. 184
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-2
1.05 CONTRACT
The word "Contract" shall mean the Contract Documents and shall include the written
Agreement entered into by the City and the Contractor for the performance of work described in
the specifications and shown on the Drawings, together with the Notice Inviting Bids, the
Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the
Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of
bids, and all change orders issued by the City and signed by the Contractor pertaining to the
Contract after the Contract is awarded.
1.06 SPECIFICATIONS
The word "Specifications" shall mean the General Conditions of the Contract and the Special
Provisions of the Contract, together with all addenda and change orders issued with respect
thereto.
STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with
the provisions of the Standard Specifications for Public Works Construction, 2009 Edition,
commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published
by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter
referred to as the Standard Specifications, and as modified herein.
1.07 DRAWINGS
The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the
Specifications which show the location, nature, extent and form of the work together with
applicable details.
1.08 COUNCIL
The City Council of the City of Grand Terrace.
1.09 ENGINEERS ESTIMATE
The lists of estimated quantities of work to be performed as contained in the Contract
Documents.
1.10 INSPECTOR
The representative of the Engineer or Director of Public Works who is assigned to inspect
conformance of the work in accordance with plans and specifications.
1.11 OVERLAY
A supplemental surface course placed on an existing pavement to improve its surface
12.a
Packet Pg. 185
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-3
conformation or increase its strength.
1.12 ROADBED
That portion of the street included between the outside lines of curbs or paving.
1.13 STANDARD PLANS
Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department
of Transportation.
1.14 SURFACE COURSE
The top layer of pavement (exclusive of open graded A.C.), designed to provide structural
values and a surface resistant to traffic abrasion.
1.15 TRAVELED WAY
That portion of the roadway reserved for the movement of vehicles for the general public,
exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to
certain lanes, with the approval of the City Engineer, these diversions or restricted lanes
become the traveled way.
1.16 RIGHT-OF-WAY
Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public
Easements.
12.a
Packet Pg. 186
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-4
SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA
2.01 INTENT OF SPECIFICATIONS AND DRAWINGS
The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor,
materials, equipment and services, except as may be specifically noted otherwise, which are
required or necessary to fully complete the work.
2.02 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY
The Specifications and Drawings are complementary to each other.
2.03 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS
Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be
promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not
take advantage of any such discrepancies, errors, or omissions, but shall comply with any
corrective measures regarding the same prescribed by the Engineer.
2.04 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS
In case of conflict between the Specifications and the Drawings, the Specifications shall govern
over the Drawings. In cases of conflict between the General Conditions and Special Provisions
of the Specifications, the Special Provisions shall govern over the General Conditions.
2.05 SHOP DRAWINGS
(a) Wherever called for in these Specifications or on the Drawings, or where required
by the Engineer, the Contractor shall furnish to the Engineer for review, 7 prints
of each shop drawing. The term "Shop Drawing" as used herein shall be
understood to include detail design, calculations, fabrication and installation
drawings, lists, graphs, operating instructions, etc. Unless otherwise required,
said drawings shall be submitted at a time sufficiently early to allow review of
same by the Engineer, and to accommodate the rate of construction progress
required under the Contract.
(b) All shop drawing submittals shall be accompanied by a letter of transmittal
identifying Contractor, fabricator and subcontractor. The Contractor may
authorize a material or equipment supplier to deal directly with the Engineer with
regard to shop drawings, however, ultimate responsibility for the accuracy and
completeness of the information contained in the submittal shall remain with the
Contractor.
(c) Normally, a separate transmittal shall be used for each specific item or class of
material or equipment for which a submittal is required. Transmittal of shop
12.a
Packet Pg. 187
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-5
drawings on various items using a single transmittal, will be permitted only when
the item taken together constitute a manufacturer's "package" or are so
functionally related that expediency indicates review of the group or package
as a whole.
(d) Within 15 calendar days after receipt of said prints, the Engineer will return prints
of each drawing to the Contractor with his comments noted thereon. It is
considered reasonable that the Contractor shall make a complete and acceptable
submittal to the Engineer by the second submission of drawings. The Owner
reserves the right to withhold monies due the Contractor to cover additional costs
of the Engineer's review beyond the second transmission.
(e) If 3 prints of the drawing are returned to the Contractor marked "NO
EXCEPTIONS TAKEN", formal revision of said drawing will not be required.
(f) If 3 prints of the drawing are returned to the Contractor marked "MAKE
CORRECTIONS NOTED", formal revision of said drawing will not be required.
(g) If one print of the drawing is returned to the Contractor marked
"AMEND - RESUBMIT", the Contractor shall revise said drawing and shall
resubmit 7 copies of said revised drawing to the Engineer.
(h) If one print of the drawing is returned to the Contractor marked
"REJECTED - RESUBMIT", the Contractor shall revise said drawing and shall
resubmit 7 copies of said revised drawing to the Engineer.
(I) Fabrication of an item shall not be commenced before the Engineer has reviewed
the pertinent shop drawings and returned copies to the Contractor marked either
"NO EXCEPTIONS TAKEN", "MAKE CORRECTIONS NOTED" or
"AMEND - RESUBMIT". Revisions indicated on shop drawings shall be
considered as changes necessary to meet the requirements of the Contract
Drawings and Specifications and shall not be taken as the basis of claims for
extra work. The Contractor shall have no claim for damages or extension of time
due to any delay resulting from the Contractor's having to make the required
revisions to shop drawings (unless review by the Owner or said drawings is
delayed beyond a reasonable period of time and unless the Contractor can
establish that the Owner's delay in review actually resulted in a delay in the
Contractor's construction schedule). The review of said drawings by the Owner
will be limited to checking for general agreement with the Specifications and
Drawings, and shall in no way relieve the Contractor of responsibility for errors or
omissions contained therein nor shall such review operate to waive or modify
any provision contained in the Specifications or Contractor drawings. Fabricating
dimensions, quantities of material, applicable code requirements, and other
Contract requirements shall be the Contractor's responsibility.
2.06 REFERENCE TO STANDARDS OR PUBLICATIONS
12.a
Packet Pg. 188
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-6
Any reference made in the Specifications or Drawings to any specifications, standard, or
publication of any organization shall, in the absence of a specific designation to the contrary, be
understood to refer to the latest edition of the specification, standard, or publication in effect as
of date of advertising the work.
2.07 REFERENCE TO PROPRIETARY PRODUCTS
Where references to proprietary products appear in the Specifications or Drawings, it is for the
purpose of establishing an acceptable standard of equality or design. Unless a substitute is
expressly prohibited, the Contractor may request approval of a substitute for any such
proprietary product. Such request must be in writing and must include descriptive literature,
specifications, test reports, or samples, as appropriate, to enable the Engineer to determine the
acceptability of the product proposed for substitution. No substitute product shall be used on
the work until written approval has been received from the Engineer.
2.08 SPECIFICATION AND DRAWINGS FURNISHED TO THE
CONTRACTOR
The Owner shall furnish the Contractor 5 sets of Specifications, together with reduced drawings
(if any) and 5 sets of full-scale Drawings. Additional quantities of Specifications and Drawings
will be furnished at reproduction cost.
12.a
Packet Pg. 189
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-7
SECTION 3 - ENGINEER-CONTRACTOR RELATIONS
3.01 ENGINEER'S AUTHORITY
(a) The Engineer will decide all questions which may arise as to the quality and
acceptability of materials and equipment furnished, work performed, rate of
progress of the work, interpretation of the Specifications and Drawings, and all
questions as to the acceptable fulfillment of the Contract by the Contractor.
(b) Any difference which may arise between the Contractor and any other
contractors also under the surveillance of the Engineer will be arbitrated by the
Engineer; however, the Engineer will not arbitrate disputes between the
Contractor and his subcontractors.
3.02 ARBITRATION
Any controversy or claim arising out of or relating to this Contract which cannot
be resolved by mutual agreement shall be settled by arbitration in accordance
with the rules of the American Arbitration Association.
3.03 RIGHT-OF-WAY
(a) Lands or right-of-ways for the work to be constructed under the Contract will
be provided by the Owner as shown on the Drawings. Nothing contained in the
Specifications or Drawings shall be interpreted as giving the Contractor exclusive
occupancy of the lands or right-of-ways provided. Any additional lands or
right-of-ways required for construction operations shall be provided by the
Contractor at his own expense.
(b) Except as may otherwise be provided, the Contractor shall secure, from the
agencies having jurisdiction, the necessary permits to create obstructions, to
make excavations if required under the Contract, and to otherwise encroach
upon right-of-ways, and present evidence to the owner that such permission has
been granted, before work is commenced. Regulations and requirements of all
agencies concerned shall be strictly adhered to in the performance of this
Contract, including the furnishing of insurance and bonds if required by such
agencies. The enforcement of such requirements under this Contract shall not
be made the basis for claims for additional compensation.
(c) The Contractor shall not do any work that would affect any oil, gas, sewer, or
water pipeline, any telephone, telegraph, or electric transmission line, fence, or
any other structure, nor enter upon the right-of-ways involved until notified that
the Owner has secured authority therefore from the proper party. After authority
has been obtained, the Contractor shall give said party due notice of his intention
to begin work, and shall give said party convenient access and every facility for
removing, shoring, supporting, or otherwise protecting such pipeline,
12.a
Packet Pg. 190
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-8
transmission line, ditch, fence, or structure, and for replacing same. The
Contractor shall not be entitled to any extension of time or extra compensation on
account of any postponement, interference, or delay caused by any such
pipeline, transmission line, fence, or structure being on the line of the work
except as provided in Section 3.04.
3.04 CONSTRUCTION INTERFERENCES
(a) As used in this section, the word "Utility" shall be understood to include
tracks, overhead or underground wires, cables, pipelines, conduits, ducts,
sewers or storm drains. As used in this Section, the term "Service Connection"
shall be understood to mean all or any portion of a pipeline (including sewer
house laterals), conduit, wire, cable or duct, including meter, between a utility
distribution line and an individual customer, or customers when served by a
single service connection. As used in this Section, the term "Construction
Interference" shall be understood to include any utility or service connection
within the limits of excavation or over excavation required for the work under the
Contract as shown or as ordered by the Engineer, or any utility or service
connection located in the space which will be required by any of the work under
this Contract.
(b) In the event any utility or service connection is required to be disturbed or
removed to permit construction of a pipeline or other structure under the
Contract, such disturbance or removal shall be done only with the approval of the
Engineer and following notification to the Owner of the interfering utility or service
connection. Any such utility or service connection removed or otherwise
disturbed shall be reconstructed as promptly as possible in its original or other
authorized location in a condition at least as good as prior to such removal or
disturbance, subject to the inspection of the owner of same. The Contractor's
responsibility under this Section to remove or replace shall apply even in the
event such damage or destruction occurs after backfilling. The Owner of the
utility or service connection shall be notified immediately after damage or
destruction occurs or is discovered.
(c) During the performance of the work under this Contract, the Owner of any
utility affected by the work shall have the right to enter when necessary upon any
portion of the work for the purpose of maintaining service and of making changes
in or repairs to said utility.
(d) The Drawings show the approximate positions of known utilities in the
immediate vicinity of the work, but the City does not guarantee that all existing
utilities are shown. Service connections normally are not shown on the
Drawings. The Contractor, before commencing any excavation, shall ascertain
from records or otherwise, the existence, horizontal and vertical position, and
ownership of all existing utilities and service connections. If the Contractor
discovers any utility in the line of the work which is not shown on the Drawings,
he shall immediately notify the Engineer of the existence of same. The City will
12.a
Packet Pg. 191
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-9
not be liable for any consequences arising as a result of a service connection
being incorrectly located in the field by the agency having jurisdiction over said
service connection.
"--Notwithstanding any provisions to the contrary contained in Section 4215 of
the California Government Code, the provisions of which are hereby waived by
the Contractor."
(e) All costs involved in removing, relocating, protecting supporting, repairing,
maintaining or replacing a main trunkline or utility facility which actually
constitutes a construction interference, when said utility is not shown with
reasonable accuracy as an interference or is omitted from the Drawings, will be
paid for by the Owner as extra work. In such case, the Owner will also
compensate the Contractor for equipment on the project necessarily idled during
and by reason of such work. The Owner's obligation to repair damage to such a
facility and to compensate the Contractor for idled equipment shall not extend to
damage resulting from the failure of the Contractor to use reasonable care.
(f) All costs involved in removing, relocating, protecting, supporting, repairing,
maintaining or replacing any utility or service connection other than those
described in Subsection (e) herein shall be borne by the Contractor.
(g) The Contractor shall not be assessed liquidated damages for failure to
complete the work on time to the extent that such delay was caused by failure of
connection to authorize or otherwise provide for its removal, relocation,
protection, support, repair, maintenance and replacement.
(h) The City reserves the right, upon the determination of the actual position of
existing utilities, and service connections, to make changes in alignment or grade
of the Owner's pipelines when, by so doing, the necessity for relocation of
existing utilities or services connections will be avoided. Such changes will be
ordered in writing by the Engineer. Where applicable, adjustment in the Contract
price will be on the basis of the unit prices stated in the Bidding Schedule.
Where unit prices in the Bidding Schedule are not applicable, adjustment in
Contract price will be in accordance with Section 5.02.
3.05 LINES AND GRADES
(a) Lines and Grades shall be provided by the Owner to the extent specified in
Special Provisions.
(b) The Contractor shall preserve all bench marks, stakes, and other survey
marks, and in case of their removal or destruction by his employees, he shall be
liable for the cost of their replacement.
3.06 LEGAL ADDRESS OF CONTRACTOR
12.a
Packet Pg. 192
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-10
The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby
designated as the place to which all notices, letters, and other communications to the Contractor
will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or
other communication shall be deemed sufficient service thereof upon the Contractor. The date
of such service shall be the date of such mailing or delivery. Said address may be changed at
any time by written notice signed by the Contractor and delivered to the Engineer.
3.07 CONTRACTOR'S SUPERINTENDENCE
A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall
provide competent supervision of the work until its completion. The superintendent shall have
full authority to act in behalf of the Contractor, and all directions given by the Engineer to the
superintendent shall be considered given to the Contractor. If the superintendent is not present
on a part of the work where the Engineer desires to give instructions, such instructions may be
given by the Engineer to the foreman in charge of the particular work to which the instructions
apply. Such instructions given to a foreman likewise shall be considered given to the
Contractor. Such instructions given by the Engineer to the superintendent or to a foreman,
when they concern items of substantial importance, will be confirmed in writing. All instructions
within the Engineer's authority as specified in Section 3.01. All as provided for in this
Subsection of the Standard Specifications except the Contractor shall submit a phone number
or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in
the event of an emergency.
3.08 PROTESTS
If the Contractor considered any work demanded of him to be outside the requirements of the
Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector
to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a
written confirmation of the same, whereupon he shall proceed without delay to perform the work
or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds
such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file
a written protest with the Engineer, stating clearly and in detail his objections and the reasons
therefore. Except for such protests or objections as are made of record in the manner specified
and within the time stated herein, the Contractor hereby waives all round for protests or
objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to
all matters not included in such protest, the orders, instructions and decisions of the Engineer
and hereby agrees that, as to all matters not included in such protest, the orders, instructions
and decisions of the Engineer will be limited to matters properly falling within the Engineer's
authority as specified in Section 3.01.
3.09 INSPECTION AND TESTING
(a) All materials furnished and all work performed under the Contract shall be
subject to inspection by the Engineer. The Contractor shall be held strictly to the
true intent of the Specifications and Drawings in regard to quality to materials,
12.a
Packet Pg. 193
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-11
workmanship, and diligent execution of the Contract. Such inspection may
include mill, plant, shop or field inspection as required. The Engineer shall be
permitted access to all parts of the work, including plants where materials or
equipment are manufactured or fabricated, and he shall be furnished with such
materials, information and assistance by the Contractor and his subcontractors
and suppliers as is required to make a complete and detailed inspection.
(b) Work done in the absence of prescribed inspection may be required to be
removed and replaced under the proper inspection, and the entire cost of
removal and replacement, including the cost of all materials shall be borne by the
Contractor, regardless of whether the work removed is found to be defective or
not. Work covered up without the authority of the Engineer, shall, upon the order
of the Engineer be uncovered to the extent required, and the Contractor shall
similarly bear the entire cost of performing all the work and furnishing all the
materials necessary for the removal of the covering and its subsequent
replacement, as directed and approved by the Engineer.
(c) Except as otherwise provided herein, the cost of inspection will be paid by
the Owner. All inspection fees imposed by agencies other than the Owner shall
be paid by the Contractor.
(d) The Engineer will make, or have made, such tests as he deems necessary to
insure that the work is being accomplished in accordance with the requirements
of the Contract. Unless otherwise specified in the Special Conditions, the cost of
such testing will be borne by the Owner. In the event such tests reveal
non-compliance with the requirements of the Contract, the Contractor shall bear
the cost of such corrective measures deemed necessary by the Engineer, as well
as the cost of subsequent retesting.
3.10 ASSIGNMENT FORBIDDEN
(a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of
the Contract or any portion thereof, or his right, title, or interest therein, or his
obligations thereunder, without the written consent of the Owner.
(b) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract
may be terminated at the option of the Owner. In such event, the Owner shall be
relieved of all liability and obligations to the Contractor, and to his assignee or
transferee, growing out of such termination.
3.11 SUBCONTRACTS
(a) In the Owner's discretion, subcontracts may be permitted to such extent as
shall be shown to be necessary or advantageous to the Contractor in the
prosecution of the work and without injury to the Owner's interests. The
resubletting of the work by a subcontractor shall be subject to the same
12.a
Packet Pg. 194
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-12
limitations as an original subletting. Each subcontractor shall be properly
licensed for the type of work which he is to perform.
(b) A copy of each subcontract, if in writing (or if not in writing, then a written
statement signed by the Contractor giving the name of the Subcontractor and the
terms and conditions of each subcontract), shall be filed promptly upon the
Owner's request. Each subcontract shall contain a reference to the Agreement
between the Owner and the Contractor, and the terms of that Agreement covered
thereby. Each subcontract shall provide for annulment of the same by the
Contractor upon written order of the Engineer, if, in the Owner's opinion, the
Subcontractor fails to comply with the requirements of the prime Contract insofar
as the same may be applicable to this work.
(c) The Contractor shall be responsible to the Owner for the acts and omissions
of his subcontractor and their employees to the same extent as he is responsible
for the acts and omissions of his own employees. Nothing contained in this
Section shall create any contractual relationship between any subcontractor and
the Owner or relieve the Contractor of any liability or obligation under the prime
Contract.
3.12 SUSPENSION OF WORK
(a) The Owner may, by written notice to the Contractor, suspend the work, in
whole or in part, for such period or periods as he may deem necessary, due to
unsuitable weather, delay in delivery of Owner-furnished equipment or materials,
or such other conditions as are considered unfavorable for prosecution of the
work, or failure on the part of the Contractor to carry out the provisions of the
Contract or to provide materials or workmanship meeting the requirements of the
Specifications. Suspended work shall be resumed by the Contractor within 10
days of receipt from the Owner of written notice to proceed.
(b) The Contractor shall have no claim for damages alleged to have been
suffered by reason of any suspension of the work without termination of the
Contract, and he shall receive no additional compensation because of any such
suspension.
3.13 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT
FAULT)
The Owner may terminate the Contract upon 10 days written notice to the
Contractor, if it is found that reasons beyond the control of either the Owner of
Contractor make it impossible or against the Owner's interests to complete the
work. In such a case, the Contractor shall have no claims against the Owner
except (1) for the value of work performed up to the date the Contract is
terminated, and (2) for the cost of materials and equipment on hand, in transit or
12.a
Packet Pg. 195
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-13
on definite commitment, as of the date the Contract is terminated, which would
be needed in the work and which meet the requirements of the Specifications.
The value of the work performed and the cost of the materials and equipment
delivered to the site, as mentioned above, shall be determined by the Engineer in
accordance with the procedure prescribed for the making of the final estimate
and payment as described in Section 5.08.
3.14 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT
FAULT)
(a) The Owner may terminate the Contract upon 10 days written notice to the
Contractor in the event of any default by the Contractor. It shall be considered a
default by the Contractor whenever he shall (1) declare bankruptcy, become
insolvent, or assign his assets for the benefit of his creditors; (2) disregard or
violate important provisions of the Contract documents or Engineer's instructions,
or fail to prosecute the work according to the approved progress schedule; or (3)
fail to provide a qualified superintendent, competent workmen, or subcontractors,
or materials or equipment meeting the requirements of the Specifications and
Drawings.
(b) In the event the Contract is terminated in accordance with Subsection
3.14(a), the Owner may take possession of the work and of all materials, tools,
equipment, and property of the Contractor, which have been provided in
connection with the work, and may complete the work by whatever method or
means he may select. The cost of completing the work shall be deducted from
the Contract balance and the work completed in accordance with the Drawings
and Specifications. If such cost exceeds the balance which would have been
due, the Contractor shall pay the excess amount to the Owner. If such cost is
less than the balance which could have been due, the Contractor shall have no
claim to the difference except to such extent as may be necessary, in the opinion
of the Engineer, to reimburse the Contractor or the Contractors sureties for any
expense properly incurred for materials, tools, equipment, property, and labor,
devoted to the prosecution of the work, of which the Owner shall have received
the benefit. In computing such expenses, as it relates to equipment and
property, the salvage value at completion of the work shall be deducted from the
depreciated value at the time the Contract was terminated, and the difference
shall be considered as an expense.
3.15 TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever
(1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive
calendar days through no fault or negligence of the Contractor, and notice to resume work or to
terminate the Contract has not been received from the Owner within this time period; or (2) the
Owner should fail to pay the Contractor any substantial sums due him in accordance with the
terms of the Contract and within the time limits prescribed. In the event of such termination, the
12.a
Packet Pg. 196
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-14
Contractor shall have no claim against the Owner except for those claims specifically
enumerated in Section 3.13.
3.16 FAILURE TO COMPLY
If the Contractor should refuse or neglect to comply with the provisions of the Contract or the
orders of the Owner, the Owner may have such provisions or orders carried out by others at the
expense of the Contractor.
3.17 CONTRACT TIME OF COMPLETION
The Contractor shall complete the construction of the work to the satisfaction of the Owner, in
accordance with the Standard Specifications and the Special Conditions. A "Notice to Proceed"
will be issued by the Owner, the date of which shall commence the Contract time. The allotted
time for this project shall be 15 working days.
12.a
Packet Pg. 197
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-15
SECTION 4 - MATERIALS AND WORKMANSHIP
4.01 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK
The Contractor shall properly safeguard all equipment, materials, and work against loss,
damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work
by the City. Locked and covered storage or continuous surveillance by a watchman shall be
provided if required to accomplish this purpose.
4.02 NEW MATERIALS AND EQUIPMENT
Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment
incorporated in the work shall be new and current manufacture. The Engineer may request the
Contractor to furnish manufacturer's certificates to this effect.
4.03 CONTRACTOR'S UTILITIES
The Contractor shall provide his own water, telephone, and all electric power required in
performance of the work under the Contract, and shall pay all installation charges and monthly
bills in connection therewith.
4.04 TITLE TO MATERIALS FOUND ON THE WORK
The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials
developed and obtained from the excavation and from other operations connected with the
work. Unless otherwise specified in the Special Provisions, neither the Contractor nor any
subcontractor shall have any right, title, or interest in or to any such materials. The Contractor
will be permitted to use in the work, without charges, any such materials which meet the
requirements of the Special Provisions and Drawings.
4.05 DEFECTIVE EQUIPMENT,MATERIALS OR WORK
(a) Inspection of the work shall not relieve the Contractor of any of his obligations
under the Contract. Even though equipment, materials or work required to be
provided under the Contract have been inspected, accepted and estimated for
payment, the Contractor shall, at his own expense, replace or repair any such
equipment, materials, or work found to be defective or otherwise not in
compliance with the requirements of the Contract up to the end of the
maintenance and guarantee period.
(b) Any equipment or materials brought upon the job site by the Contractor and
subsequently rejected by the Engineer as not complying with the requirements of
the Contract shall be removed immediately by the Contractor to a satisfactory
distance from the job site.
12.a
Packet Pg. 198
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-16
(c) If the Contractor shall fail to repair or replace unsatisfactory equipment,
materials, or work, or to remove unsatisfactory equipment or materials from the
job site, within 10 calendar days after being ordered to do so by the Engineer, the
Engineer, acting on behalf of the City, may make the ordered repairs or remove
the condemned equipment or materials and the City will deduct the cost thereof
from any monies due or to become due the Contractor.
4.06 SOUND CONTROL REQUIREMENTS
4.07 RUBBISH CONTROL
During the progress of the work, the Contractor shall keep the site of the work and other areas
used by him in a neat and clean condition, and free from any accumulation of rubbish.
4.08 DUST CONTROL
The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall
provide adequate equipment and water as determined by the Engineer to be necessary for
accomplishment of this objective.
4.09 CHARACTER OF WORKMEN
None but skilled workmen shall be employed on work requiring special qualifications. When
required in writing by the Engineer, the Contractor or any subcontractor shall discharge any
person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise
unsatisfactory, and shall not again employ such discharged person on the work except with the
consent of the Engineer. Such discharge shall not be the basis of any claim for damages
against the City or any of his agents.
12.a
Packet Pg. 199
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-17
SECTION 5 - PROGRESS AND PAYMENT
5.01 BREAKDOWN OF CONTRACT PRICE
Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a
detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall
include quantities, unit prices, and any other information required, in sufficient detail, to enable it
to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall
use the price breakdown form bound with Specifications if one is included.
5.02 CHANGE ORDERS
(a) The City may, as the need arises, order changes in the work through additions,
deletions, or modifications, without invalidating the Contract. Such changes will
be effected through written change orders delivered to the Contractor, describing
the change required in the work, together with any adjustment in Contract price
or time of completion as hereinafter provided. No such change shall constitute
the basis of claims for damage or anticipated profits; however, the City will make
reasonable allowance for the value of any work materials or equipment furnished
and subsequently rendered useless because of such change. Any adjustment in
Contract price resulting from a change order will be considered in computing
subsequent monthly payments due the Contractor. Any work performed in
accordance with a change order shall be subject to all provisions of the original
Contract, and the Contractor's sureties shall be bound thereby to the same
degree as under the original Contract.
(b) No labor cost for move in and out of minimum charges, other than the hourly
rate, shall be allowed for persons available from the force already on the job site.
Only the foremen directly supervising the job shall be included in the labor
charges. Labor rates for delays will be the actual costs. Labor rates for extra
work will be taken from the rates published periodically by the California
Department of Transportation.
Equipment rental rates for delays and for extra work will be taken from the rates
published periodically by the California Department of Transportation. Move in
and out or minimum charges other than the hourly rate, shall not apply to
equipment available from the force already on the job site. Right-of-way delay
factors shown on the Equipment Rental Rates do not apply. Copies of the
prevailing Equipment Rental Rates are available from the:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
1900 ROYAL OAKS DRIVE
SACRAMENTO, CALIFORNIA 95819
12.a
Packet Pg. 200
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-18
(c) Any adjustment in Contract price shall be based on unit price bid on the work,
where such bid items are applicable.
(d) If the original bid prices are not applicable, the adjustment in Contract price shall
be based on a lump sum or unit price agreed upon by the City and the Contractor
prior to executing the change order.
(e) If the original bid prices are not applicable and the City and Contractor are unable
to agree upon a lump sum or unit price prior to executing the change order, the
adjustment in Contract price shall be made on a cost-plus basis. In such an
event, the following items will be included as the direct costs:
Materials and supplies
Labor (including foremen's wages)
Workmen's Compensation Insurance
Unemployment insurance contributions paid to the State
Social Security Taxes paid to the Federal Government
Labor union health and welfare, pension, vacation-holiday, and
apprenticeship fund contributions
Reasonable value for use of equipment for actual time of use
In addition to the direct costs enumerated above, the City will pay to the
Contractor for said extra work a percentage of said direct costs to compensate
for the following profit and overhead items:
Profit
General expenses
All insurance except Workmen's Compensation Insurance
Excise taxes
Property taxes
License and inspection fees
Bond premiums
All other items of expense not specifically enumerated above
Said percentage will be 15 percent of said direct costs provided the Contractor
actually performs said extra work himself. In the event said extra work is
performed by a Subcontractor, the percentage paid to the Contractor will be 20
percent of said Subcontractor's direct costs. Said percent will include allowance
for profit and overhead costs for both the Contractor and Subcontractor. In the
event said extra work is performed through more than one Subcontractor in
succession, said percentage will not exceed 25 percent.
(f) When work is being performed on a cost-plus basis, the Contractor shall submit
written reports as directed by the City, showing all items of direct cost, as defined
in Subsection 5.02 (e), which enter into the work. If required by the City, the
Contractor shall furnish books, vouchers, invoices, and other records to
substantiate the direct cost items listed in said reports.
12.a
Packet Pg. 201
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-19
5.03 OVERTIME
Except as otherwise provided in this Section, the Contractor shall receive no additional
compensation for overtime work even though such overtime work may be required under
emergency conditions and may be ordered by the Engineer in writing. Additional compensation
will be paid the Contractor for overtime work only in the event extra work is ordered by the
Engineer and the change order specifically authorizes the use of overtime work, and then only
to such extent as overtime wages are regularly being paid by the Contractor for overtime work
of a similar nature in the same locality.
5.04 EXTENSION OF TIME
(a) The Contractor may be entitled to an extension of Contract time (1) if the work
has been suspended by the City, in whole or in part; or (2) Where weather or
other circumstances occur which delay progress and which are clearly beyond
the control of the Contractor; provided that, in either case, the Contractor is not at
fault and is not negligent under the terms of the Contract. The extension of time
allowed shall be as determined by the City.
(b) To receive consideration, a request for extension of time must be made in writing
to the City stating the reason for said request, and such request must be
received by the City within 10 days following the end of the delay-causing
condition.
5.05 LIQUIDATED DAMAGES
(a) The Contractor shall pay to the City the amount of two hundred and fifty dollars
per day, not as a penalty but as liquidated damages, if he fails to complete the
work within the time agreed upon. The period for which said damages shall be
paid shall be the number of calendar days from the date of termination of any
extension of time approved by the City. The City may deduct the amount of said
damages from any monies due or to become due the Contractor.
(b) The said amount is fixed and agreed upon by and between the Contractor and
the City because of the impracticability and extreme difficulty fixing and
ascertaining the actual damages the City would sustain; and said amount is
agreed to be the amount of damages which the City would sustain.
(c) The Contractor will not be assessed liquidated damages for delay in completion
of the project, which such a delay was caused by the failure of the City or the
Owner of a utility to provide for removal or relocation of an existing unknown
utility facility.
5.06 PROGRESS SCHEDULES
12.a
Packet Pg. 202
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-20
Within 10 days after award of the Contract, or at such times as may be required by the City, the
Contractor shall submit progress schedules showing the order in which he proposed to carry on
the work and the dates when the various parts will begin and be completed. Progress
schedules shall be subject to the approval of the City and if in his opinion a schedule submitted
is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not
in accordance with the Specifications, he may require the Contractor to submit a new schedule
which will insure timely completion of the work.
5.07 MONTHLY ESTIMATES AND PAYMENTS
(a) On or about the 25th day of each month, the Engineer shall prepare and transmit
to the City, an estimate of the cumulative amount and value of work performed by
the Contractor up to that date. Except as may otherwise be provided in the
Special Provisions, said amount will include 80 percent of the value of all
acceptable materials and equipment delivered to the site of the work. Said value
will be based on certified copies of invoices delivered by the Contractor and
Engineer. To this figure will be added all amounts due or paid the Contractor for
performance of extra work in accordance with change orders. From the total
computed above, a deduction of 10 percent will be made. Further deductions will
be made for: (1) amounts due the City for equipment or materials furnished or
services rendered; (2) amounts due the City under the terms of the Contract; (3)
amounts of any claims of lien filed with the City in accordance with Section 6.05;
and (4) amounts required to be deducted by Federal, State, or local
governmental authority. From the balance thus determined will be deducted the
amount of all previous payments and the remainder shall constitute the partial
payment due the Contractor.
(b) The City's estimate of the partial payment due the Contractor will not be required
to be made by strict measurement, and an approximate estimate will suffice. The
partial payments may be withheld or reduced if in the City's opinion, the
Contractor is not diligently or efficiently endeavoring to comply with the intent of
the Contract, or if the Contractor fails to pay his labor and material bills as they
become due.
(c) Contractor shall furnish the City promptly, upon request, all information and
records necessary to determine the cost of the work for purposes of estimating
partial payments, including an itemized statement, in a form satisfactory to the
City, of the actual cost of all acceptable materials delivered by the Contractor to
the site.
(d) No partial payment shall be construed as an acceptance of the work or of any
portion of the work, nor shall the making of such payment preclude the City
from demanding the recovering from the Contractor such damages as it may
sustain by reason of the Contractor's failure to comply with requirements of the
Contract.
12.a
Packet Pg. 203
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-21
(e) In the event the Contract is terminated, any funds due the Contractor and
retained by the City in accordance with Subsection 5.07 shall become the
property of the City to the extent necessary to repay to the City any excess in the
Contract price above the cost of the work completed at the time of termination.
After issuance of notice of discontinued work, no further payments will be made
to the Contractor for the work covered by the notice until completion of the work
and final settlement has been made.
(f) Securities may be substituted by the Contractor for monies withheld as a
retention by the City to insure the performance of the work described in the
Contract agreement. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City, or with a State
or Federally chartered bank as the escrow agent, who shall pay such moneys to
the Contractor upon satisfactory completion of the Contract.
Securities eligible for investment under this Section shall include those listed in
Section 16430 of the Government Code or bank or savings and loan certificates
of deposit. The Contractor shall be the beneficial owner of any securities
substituted for money withheld and shall receive any interest thereon.
5.08 FINAL ESTIMATE AND PAYMENT
(a) When the City is of the opinion that the Contractor has completely performed all
work required under the Contract, he will submit to the Contractor a draft of the
final estimate. The Contractor will be expected to submit his written approval of
said final estimate within 5 calendar days after receipt or, in the event the
Contractor disagrees with said final estimate, he shall, within said 5-day period,
file a written statement of all claims which he intends to present. If the Contractor
delays more than 5 calendar days in approving said final estimate or in
presenting his own claims, the time for the final payment shall be extended by
the period of such delay.
(b) Upon receipt by the City of the Contractor's written approval of said final estimate
in accordance with Subsection 5.08(a), the City will certify physical completion of
the work.
(c) After acceptance of the work by the City and 35 calendar days after filing of the
Notice of Completion, the City will pay to the Contractor the amount remaining
after deducting all prior payments and all amounts to be kept or retained under
the provisions of the Contract. In the event acceptance of the work is delayed
more than 30 calendar days beyond the date of the last partial payment under
the Contract, the City will make further partial payment in accordance with
Section 5.07.
(d) If the Contractor disagrees with the City's final estimate and files a written
statement of his claims in accordance with Subsection 5.08(a), the City will issue,
as a semi-final estimate, the proposed estimate submitted to the Contractor, and
12.a
Packet Pg. 204
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-22
the City will make payment estimate submitted to the Contractor, in accordance
with the provisions of Subsection 5.08(c). The City then will investigate the
Contractor's claims, make any revisions to said semi-final estimate as he
appropriate. The City then will make final payment to the Contractor in
accordance with the provisions of Subsection 5.08(c).
5.09 FINAL PAYMENT TERMINATES LIABILITY OF OWNER
The acceptance by the Contractor of the final payment referred to in Subsection 5.08(c) shall be
a release of the City and its agents from all claims of and liability to the Contractor for anything
done or furnished for, or relating to, the work or for any act or neglect of the City or of any
person relating or affecting the work, except claims against the City for the remainder, if any, of
the amounts kept or retained under the provisions of Section 6.05.
12.a
Packet Pg. 205
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-23
SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC
SAFETY
6.01 FAITHFUL PERFORMANCE BOND
Each bond which is written by an out-of-state bonding company shall contain the name, address
and telephone number of an agent located in the State of California who is authorized to act for
the bonding company.
The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in
the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the
Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the
Contract amount or $500.00 whichever is greater and shall remain in full force and effect for one
year from the date of the Final Notice of Completion to assure and guarantee against any
defective materials furnished in the performance of the Contract.
6.02 LABOR AND MATERIAL BOND
The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in
the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers
and material-men under the Contract.
6.03 ADDITIONAL SURETY
If, during the life of the Faithful Performance Bond, any of the sureties named in said bond
become insufficient in the opinion of the City, he may require the Contractor to furnish additional
sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor
fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time
period, the City may suspend the work or terminate the Contract, and the Contractor shall have
no claim for damages.
6.04 CONTRACTOR INDEBTEDNESS
Indebtedness incurred for any cause in connection with this work must be paid by the
Contractor and the City is hereby relieved at all times from any indebtedness or claim other than
payments under terms of the Contract and the Contractor will indemnify and hold harmless the
City and its officers and employees from any loss, demand, damages, claims or actions arising
from or in connection with said indebtedness.
6.05 UNPAID CLAIMS
If, upon or before the completion of the work, or at any time prior to expiration of the period
within which claims of lien may be filed of record, any person claiming to have performed
any labor or to have furnished any materials, supplies, or services toward the performance of
this Contract, or to have agreed to do so, shall file with the City a verified statement of such
12.a
Packet Pg. 206
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-24
claim stating in general terms the kind of labor and materials, the value of same, and the name
of the person to or for whom the same was furnished, together with a statement that the same
has not been paid; or if any person shall bring against the City or any of its agents. Any action
to enforce such claim the City will, until the action is settled, withhold from monies due the
Contractor an amount sufficient to satisfy the decision of the court together with costs.
6.06 INSURANCE
(a) General - The Contractor shall not commence work under this Contract
until he has obtained all the insurance required under this Section and
such insurance has been approved by the City, nor shall the Contractor
allow any subcontractor to commence work on his subcontract until the
insurance required of the subcontractor has been so obtained and
approved. All insurance required under this Section shall be maintained
continuously during the life of the Contract up to the date of acceptance of
the work by the City.
(b) Worker's Compensation Insurance - The Contractor shall procure and
maintain Workmen's Compensation Insurance as required by applicable
State or territorial law for all of his employees to be engaged in work at
the site of the project under this Contract, and, in case of any such work
sublet the Contractor shall require the subcontractor similarly to provide
Workman's Compensation Insurance for all of the latter's employees to be
engaged in such work unless such employees are covered by the
protection afforded by the Contractor's Workmen's Compensation
Insurance. In case any class of employees engaged in hazardous work
on the project under this Contract is not protected under the Worker's
Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide adequate employer's liability insurance for the
protection of such of his employees as are not otherwise protected.
(c) Contractor's Public Liability and Property Damage Insurance and Vehicle
Liability Insurance - The Contractor shall procure and maintain
Contractor's Liability Insurance in the amounts specified herein.
(d) Subcontractor's Public Liability and Property Damage Insurance and
Vehicle Liability Insurance - The Contractor shall either (1) require each of
his subcontractors to procure and to maintain Subcontractor's Public
Liability and Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amounts specified in the Special Provisions or, (2)
insure the activities of his subcontractors in his own policy, in like amount.
(e) Builder's Risk Insurance (Fire and Extended Coverage) - The Contractor
shall procure and maintain Builder's Risk Insurance (All Risk Coverage)
on a 100 percent completed value basis on the insurable portion of the
project for the benefit of the City, the Contractor and subcontractors as
their interests may appear.
12.a
Packet Pg. 207
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-25
(f) Scope of Insurance - The insurance required under Subsections (c) and
(d) hereof shall provide adequate protection for the Contractor and his
subcontractor's respectively, against damage claims which may arise
from operations under this Contract, whether such operations be by the
insured or by anyone directly or indirectly employed by him. In addition,
the insurance required under subsections (c), (d) and (e) hereof shall
name the City and Engineer, and their officers, agents and employees, as
"additional insured" under the policies. The insurance coverage should
contain the following provisions: "Solely as respects work done by and on
behalf of the named insured for the City of Grand Terrace, it is agreed
that the City of Grand Terrace, is added as an additional insured under
this policy. It is further agreed that the other insurance conditions of the
policy are amended to conform therewith."
All liability insurance policies shall bear an endorsement or shall have
attached a rider whereby it is provided that, in the event of expiration,
material alteration, or proposed cancellation of such policies for any
reason whatsoever, the City shall be notified by registered or certified
mail not less than 30 days before expiration, material alteration or
cancellation is effective.
All liability insurance shall cover comprehensive general and automobile
liability for both bodily injury (including death) and property damage,
including but not limited to aggregate products, aggregate operations,
aggregate protective and aggregate contractual with the following
minimum limits:
Bodily injury (including death) $1,000,00 each person, $1,000,000 each
occurrence
Property Damage $500,000 each occurrence, $1,000,000 aggregate
Special attention is directed to possible flood hazards, and/or nuisance
water such as irrigation and other runoff. The Contractor shall be
responsible for all injuries or damages to any portion of the work
occasioned by the above causes and he shall make good such injuries or
damages at no cost to the City prior to the completion and acceptance of
the work.
(g) Proof of Insurance - The Contractor shall furnish the City with certificates
showing the type, amount, class of operations covered, effective dates
and date of expiration of policies. Such certificates shall also contain
substantially the following statements: "The insurance covered by this
certificate will not be cancelled or materially altered, except after 30 days
written notice has been received by the City."
12.a
Packet Pg. 208
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-26
6.07 NO PERSONAL LIABILITY
The Contractor shall indemnify and save harmless the City, its officers, agents, and employees,
against and from all claims and personal liability arising under or by reason of the Contract or
any performance of the work.
6.08 DIR REQUIREMENTS
Pursuant to State Bill 854, the following new requirements apply to all public works projects:
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in the performance
of any contract for public work, as defined in this chapter, unless currently registered and
qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section
for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code,
provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the
time the contract is awarded. The website for contractor registration with the Department of
Industrial Relations (DIR) is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid
July 1 through June 30 (state fiscal year), is $300.
Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance
Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its
designated labor compliance officer.
6.09 PERMITS AND LICENSES
Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own
expense all permits and licenses required for prosecution of the work and shall pay all taxes
properly assessed against his equipment or property used in connection with the work.
No work shall be started within the street right-of-way or on City property until the Contractor
has obtained the necessary permits. The Contractor shall obtain and pay for all permits and
fees and give all notices necessary and incident to the due and lawful prosecution of the work
and to the preservation of the public health and safety. Fees will not be collected on those
permits obtained from the City Engineer's Office.
For work on private property where shown on the plans, the City will provide rights of entry at no
cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide
at his cost, permits and insurance required of the Contractor by other agencies and
organizations.
The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his
operations. Prior to starting any work, the Contractor shall be required to have a City Business
License valid for the life of the Contract; his subcontractors shall also have Business Licenses
valid for the time they are engaged in work.
12.a
Packet Pg. 209
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-27
6.10 SALES AND USE TAXES
The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities
on materials furnished by the Contractor in performance of the work.
6.11 PATENTS AND COPYRIGHTS
The Contractor shall indemnify and save harmless the City and its officers, agents, and
employees, against all claims or liability arising from the use of any patented or copyrighted
design, device, material, or process by the Contractor or any of his subcontractors in the
performance of the work.
6.12 Reserved
6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special
Provisions
For convenience to the Contractor to comply with the other provisions of this section, the
following telephone numbers are listed.
Fire Department 909-825-0221
Sheriff Department 909-824-0680
Courtesy Ambulance Service 909-884-3155
RTA 909-682-1234
Colton Unified School District 909-976-4110
If the above telephone numbers are changed, the Contractor is not relieved of his responsibility
of notifying the various departments.
6.14 SANITARY PROVISIONS
The Contractor shall provide and maintain such sanitary accommodations for the use of his
employees and those of his subcontractors as may be necessary to comply with the
requirements of local and State health departments.
6.15 FEDERAL SAFETY AND HEALTH REGULATIONS
(a) Contractors and subcontractors shall comply with the provisions of the
Safety and Health Regulations for construction, promulgated by the
Secretary of Labor under Section 107 of the "Contract Work Hours and
Safety Standards Act", as set forth in Title 29, C.F.R.
(b) Contractors and subcontractors shall comply with the provisions of
the Occupational Safety and Health Standards, promulgated by the
Secretary of Labor under the "Occupational Safety and Health Act of
1970," as set forth in Title 29. C.F.R.
12.a
Packet Pg. 210
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-28
SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS
7.01 WAGES
(a) Pursuant to the provisions of the California Labor Code, not less than
the general prevailing rate of per diem wages for work of a similar
character in the locality in which the said work is performed, and not less
than the general prevailing rate of per diem wages for legal holidays and
overtime work in each craft or type of workmen needed to execute the
work contemplated under the Contract, shall be paid to all workmen on
and in connection with said work by the Contractor and by any
subcontractor doing or contracting to do any part of said work. The
Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar
day, or portion thereof, for each workman paid less than the stipulated
prevailing rates of such work or craft in which such workman is employed,
whether paid by the Contractor or by any subcontractors under him. The
Contractor agrees to comply with the provisions of Sections 1775 and
1776 of the California Labor Code. The Contractor is also required to post
the applicable prevailing wage rates at the jobsite.
Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file
at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California,
92313.
(b) The Contractor and the subcontractors shall comply with the
Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the
implementation regulations issued pursuant thereto (29 CFR Section 1.5)
and any amendments thereof.
(c) The issuance, as payment for wages, of any evidence of
indebtedness is prohibited unless the same is negotiable and payable on
demand without discount.
(d) In accordance with the provisions of Section 3700 of the California
Labor Code, the Contractor shall secure the payment of compensation to
his employees.
7.02 PAYROLL RECORDS
Contractor shall provide the City with certified copies of payroll records upon demand,
and within 24 hours of such demand.
7.03 APPRENTICES ON PUBLIC WORKS
The Contractor shall comply with all applicable provisions of Sections 1775.5 of the
California Labor Code relating to employment of apprentices on public works.
12.a
Packet Pg. 211
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-29
7.04 WORKING HOURS
(a) The Contractor shall comply with Chapter 8.108 G.T.M.C. restricting work
between the hours of eight p.m. and seven a.m. weekdays, including
Saturday or at any time on Sunday or a National Holiday.
(b) The Contractor shall comply with all applicable provisions of Sections
1810 to 1817, inclusive, of the California Labor Code relating to working
hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each
workman employed in the execution of the Contract by the Contractor or
by any subcontractor for each calendar day during which such workman is
required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the
above-mentioned Sections of the California Labor Code.
7.05 PROTECTION OF WORKERS IN TRENCH EXCAVATION
Contractor shall comply with all of the requirements of California Division of Industrial
Safety. The protection of workers must meet the requirements of Construction Safety
Orders.
7.06 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM
CERTAIN ACTS OF GOD
As provided in Sections 4150 and 4152, inclusive, of the California Government code,
the Contractor shall not be responsible for the cost of repairing or restoring damage to
the work, which damage is determined to have been proximately caused by an Act of
God in excess of five percent of the contracted amount, provided, that the work
damaged is built in accordance with accepted and applicable building standards and the
attached plans and specifications. The Contractor shall obtain insurance to indemnify
the City for any damage to the work caused by an Act of God if the premium for said
insurance coverage is not called for as a separate bid item in the Bidding Schedule for
the work.
For the purpose of this Section, the term "Acts of God" shall include only the following
occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on
the Richter Scale.
7.07 NOTICE OF COMPLETION
As required by the Civil Code,and within ten calendar days after date of acceptance of
the work by the City's governing body, the City will file, in the County Recorder's Office,
a Notice of Completion of the work.
7.08 CONCRETE FORMS, FALSEWORK AND SHORING
The Contractor shall comply fully with the requirements of Section 1717 of the
12.a
Packet Pg. 212
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
E-30
Construction Safety Orders, State of California, Department of Industrial Relations,
regarding the design of concrete forms, falsework and shoring, and the inspection of
same prior to placement of concrete. Where the said Section 1717 requires the
services of a registered civil engineer in the State of California to approve design
calculation and working drawings of the falsework or shoring system, or to inspect such
system prior to placement of concrete, the Contractor shall employ a registered civil
engineer for these purposes.
12.a
Packet Pg. 213
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-1
PART 2
CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
In lieu of crushed aggregate base, the Contractor may use, at Contractor's
option, crushed miscellaneous base as per Section 200-2.4 of the Standard
Specifications, or Class 2 aggregate base as per Section 26-1.02A of the State
Standard Specifications.
200-2.4.1 General [Add to subsection 200-2.4.1, "General" of the Standard
Specifications the following:] Disintegrated granite, glass, porcelain, brick, wood, steel
(reinforcing, nails, etc) or slag, shall not be used for aggregate base. If any detrimental
material or deleterious substance is found, it shall be cause for rejection and be removed
from the site.
200-2.4.2 Grading [Add to subsection 200-2.4.2, "Grading"of the Standard
Specifications the following:] Grading or blending of the material shall be done through a
screening process.
When the plans specify aggregate subbase, the material used shall be select
subbase as specified in Section 200-2.6 of the Standard Specifications.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.1 General [Add to subsection 201-1.1.1, "General", of the
Standard Specifications, the following:] The Contractor shall furnish the Engineer in the
field with a copy of the mix design to be used, and with a legible certified weighmasters
certificate for each load of PCC delivered to the project. PCC delivered to the project
site having a water content and/or slump greater than that specified in the mix design
shall be rejected and removed from the project site.
201-1.1.2 Concrete Specified by Class [Revise the table in Subsection
201-1.1.2, "Concrete Specified by Class," of the Standard Specifications as follows:]
Except as otherwise specified, all PCC used on this project shall be Class 330-C-23
(560-C-3250) with a maximum slump of 100mm (4 in) for all PCC and with the exact mix
proportions being determined by the Contractor except for trench backfill slurry, air-
placed Concrete-Method B, and as specified by the Engineer.
201-1.2.5 Fly Ash.
12.a
Packet Pg. 214
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-2
(a)General.Fly ash will not be used in a concrete mix.
201-1.4.3 Transit Mixers [Replace the first sentence in Paragraph 6, Subsection 201-
1.4.3, "Transit Mixers," of the Standard Specifications, with the followings: ] The total
elapsed time between addition of water at the batch plant and the completion of the
discharge of the PCC from the mixer shall not exceed ninety (90) minutes or before 250
revolutions of the drum, whichever occurs first. All PCC remaining in the mixer after
said ninety (90) minutes time limit shall be rejected and removed from the project site.
When the temperature of the PCC is 30 C (86 F) or greater or any conditions
contributing to quick stiffening of the PCC, it shall be removed from the project site.
12.a
Packet Pg. 215
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-3
PART 3
CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.2 Preservation of Property.
300-1.3 Removal and Disposal of Materials.Clearing and grubbing shall be
performed wherever construction is to be performed. Clearing and grubbing includes,
but is not limited to the following items as shown on the plans or as specified in the
Special Provisions:
1. PCC curbs, sidewalk and pavement.
2. Removal and disposal of tree stumps, tree roots, shrubs, ground cover, decorative
landscape rocks, edging, railroad ties, or any other decorative landscape treatments.
All removed material shall be removed from the project site the same day.
3. Removal and disposal of boulders, rock or PCC.
4. Irrigation systems in conflict with improvements.
Any irrigation systems in conflict with the proposed improvements that are removed,
damaged, disturbed, or broken shall be modified/relocated, repaired, and/or
replaced to be operable and provide full irrigation coverage to the areas requiring
irrigation using new materials, equal or better than the original materials, with 20 mm
(3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and
13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the
systems not being out of operation for more than two (2) days.
All trees, shrubbery and lawns deprived of normal irrigation watering due to a
disruption of service caused by the Contractor’s operations shall be regularly and
thoroughly irrigated by the Contractor so that said plantings will not be damaged. If
any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or
precipitated by the Contractor’s operations the Contractor shall replace same with
the same plant species and size. Existing grass lawns within areas that must be
excavated and/or re-graded shall be replaced with grass sod in kind. Dead, dying,
and unacceptably damaged grass shall be replaced with new grass sod.
5. Removal and disposal of any abandoned utilities that may interfere with the
improvements.
12.a
Packet Pg. 216
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-4
The Contractor shall dispose of all materials not being salvaged outside of
the right-of-way and shall pay for all costs for disposal. Stockpiling of materials within the
right-or-way, City parking lots, or other City-improved property shall not be allowed unless
written permission is given by the Engineer.
300-2 UNCLASSIFIED EXCAVATION
300-2.1 General.It shall be the Contractor’s obligation to lawfully dispose
offsite all excess material generated by his operations. Likewise, any other contractor
working within the project area, as described in Section 7-7, “Cooperation and Collateral
Work” of these Special Provisions, will be under a similar obligation to remove any
surplus materials and leave the site in the same condition it was found unless they have
privately come to an alternate agreement with the Contractor. The Contractor is
encouraged to cooperate but shall be under no obligation to enter into such private
agreements.
300-2.2.1 General.[Replace with the following:] Unsuitable material
encountered below the natural ground surface in embankment areas, or below the
grading plane in excavation areas, shall be excavated,replaced and re-compacted or
otherwise processed to render it suitable, or disposed of as directed by the Engineer. In
over-excavation areas where unsuitable materials have been removed, the base of the
excavation shall be moisture conditioned to a depth of 12 inches and scarified and re-
compacted to a depth of at least 6 inches prior to commencing backfill operations. This
same requirement shall equally apply to preparation of fill areas prior to embankment
construction.
300-2.8 Measurement. Based on these drawings and the other information
contained in the specifications and improvement plans, or obtainable by visual
inspection or survey, it shall be the bidder’s responsibility to independently assess the
amount of unclassified excavation required to complete the work and to adjust bid items
accordingly to reflect the cost for any and all earthwork required for this project. The
contractor shall include earthwork excavation costs in the individual bid items indicated
in the bid schedules for this work with the exception of additional work directed by the
Engineer for over-excavation and excavation of unsuitable material.
SECTION 301 - TREATED SOIL, SUBGRADE
PREPARATION, AND PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction [replace the first paragraph with the following]:The
top 150 mm (6 inches) of subgrade material under street structural section and curb and
gutter shall be compacted to a relative compaction of 95 percent. The top six inches of
subgrade material under alley pavement, driveway, and sidewalks shall be compacted
to a relative compaction of 90 percent.
12.a
Packet Pg. 217
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-5
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General [Replace the last paragraph,subsection 303-5.1.1,
"General," of the Standard Specifications, with the following:] The Contractor is to
construct all access ramps in accordance with American Disability Act (ADA)
Standards/California Code of Regulations Title 24 – Accessibility Regulations. If the
ramps constructed by the Contractor are found to be in non-compliance with ADA
Standards, the Contractor will be required to remove and replace the ramps to ADA
Standards at the Contractor's expense.
No PCC shall be ordered and/or placed until the forms and subgrade have
been inspected and approved by the Engineer/City Inspector in the field.
All pull boxes, water meter boxes, and water valve covers shall be
adjusted to proposed finish grade and approved by the Engineer in the field prior to
placement of the PCC.
303-5.1.4 Additional Requirements.
The Contractor shall take measures to prevent graffiti, footprints, tire marks, etc.,
in the fresh concrete. The Contractor shall be responsible for all markings and shall
remove or obliterate them to the satisfaction of the Engineer.
No mortar finish coat shall be required for curbs.
New sidewalk constructed in areas of existing sidewalk shall be scored to match
the existing score pattern. Failure to score the sidewalk appropriately shall be cause for
rejection.
303-5.3 Placing Concrete [Add to Subsection 303-5.3, “Placing Concrete,” of
the Standard Specifications, the following:] All temporary storage of PCC liquid
residues and mixer wash out on the project site shall be deposited within a self
containment area or bin. The Contractor may elect to allow the moisture to evaporate
and dispose of the material as a solid or dispose of the material as a liquid. The
Contractor shall notify the engineer in writing, as a preconstruction meeting submittal,
what method of disposal will be utilized.
All PCC and related work, including grading and forming, shall be suspended if
the Contractor does not have a PCC liquid residue or mixer wash out containment area
or bin on site one (1) working day before the scheduled placement of PCC. The
12.a
Packet Pg. 218
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-6
Contractor will not be allowed any additional compensation or extension of time for
suspended operations due to not having a containment area or bin on site. The
containment area or bin shall have sufficient room for two (2) days deposit of material.
The Contractor shall provide the engineer with a copy of the landfill receipts or
disposal site receipt and weight ticket showing disposal of PCC liquid residues and
wash out within five working days of disposal.
303-5.1.5 Handicap Ramp Construction
Sawcutting of curb for handicap ramp construction is allowed at Contractor’s
option, if the existing curb is not cracked,subject to review by the Engineer. If the
Contractor removes and replaces the existing curb, the adjacent AC paving shall be
removed and replaced to facilitate the setting of forms.
Detectable Warning Surface
The detectable warning surface (DWS) shall be cast-in-place detectable warning
panel with anchors, manufactured by Amorcast Products Company or approved
equal, and shall meet all ADA requirements as well as State Title 24 Requirements.
Color shall be yellow conforming to federal standards. DWS shall be full width of
ramp, 3-foot minimum in depth of ramp and utilize a single piece. DWS shall be
installed so that domes are aligned parallel to centerline of access ramp. The edge
of the DWS nearest the street shall be between six-inches to eight-inches from the
gutter flow line. No adhesive applied dome mats shall be allowed.
303-5.4.3 Weakened Plane Joints [Add to Subsection 303-5.4.3,
"Weakened Plane Joints, (a) General," of the Standard Specifications, the following:]
All weakened plane joints shall be spaced at a maximum of 3m (10 ft.) for curbs,
gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and
be uniform in spacing.
303-5.5 Finishing
303-5.5.2 Curb.The face and top of curb shall be carefully troweled to a smooth
and even finish. The top of curb shall be finished with a transverse slope toward the
gutter and the edges rounded in accordance with the referenced Standard Drawing. The
troweled surface shall be finished with a fine-hair broom applied parallel with the line of
work. The edge of the concrete at all expansion joints shall be rounded to a 1/4-inch
radius. Joints shall conform with Subsection 303-5.4 of the Standard Specifications.
Application of Class B mortar to face of curb is not required. Stamping of
Contractor’s name and the year shall not be performed.
303-5.7 Repairs and Replacements [Add to Subsection 303-5.7,
“Repairs and Replacements,” of the Standard Specifications, the following:] In order to
12.a
Packet Pg. 219
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-7
minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his
work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the
Engineer in the field.
The Contractor shall barricade and protect placed Portland Cement
Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement
Concrete damaged, defaced, discolored, or defective shall be replaced to the
satisfaction of the Engineer at the Contractor's expense, and no additional time will be
allowed.
Grading, patching, or other remedies to correct the situation will not be
accepted unless in the opinion of the Engineer the vandalized area is so small that it
does not warrant replacement. Concrete replacement areas shall be from score mark
or control joint to score mark or control joint, and full width of the sidewalk. All
replacement areas shall be saw cut.
303-5.7.1 Reasons for Rejection
1. Transverse cracks through the curb and gutter, exceeding 0.01-foot in
width at any point.
2. Vertical displacement exceeding 0.01-foot, or which causes water to pond
in the gutter for a distance exceeding 2 feet.
3. Serious or extensive surface imperfections.
4. Transverse cracks causing 5 feet or less of curb and gutter to be
"floating," or unattached to other curb and gutter.
5. Cracks causing 25 square feet or less of sidewalks, approaches, cross
gutters, or aprons to be "floating," or unattached to other approaches,
cross gutters, or aprons.
Rejected concrete work shall be removed by means of a sawcut at a score line. If
no score line exists, the minimum removed area or un-scored area left in place shall be
25 square feet and the minimum width shall be five feet.
12.a
Packet Pg. 220
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
SP-8
PART 4
No Change
PART 5
No Change
PART 6
No Change
PART 7
No Change
12.a
Packet Pg. 221
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
APPENDIX
CONSTRUCTION DRAWINGS
12.a
Packet Pg. 222
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 223
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 224
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
12.a
Packet Pg. 225
At
t
a
c
h
m
e
n
t
:
P
i
c
o
P
a
r
k
S
i
d
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
_
C
o
n
t
r
a
c
t
.
p
d
f
(
1
8
4
0
:
P
i
c
o
P
a
r
k
S
i
d
e
w
a
l
k
I
m
p
r
o
v
e
m
e
n
t
s
)
This page left intentionally blank.
AGENDA REPORT
MEETING DATE: January 26, 2016 Council Item
TITLE: Report on the Grand Terrace Circulation Fee Program
Update
PRESENTED BY: Sandra Molina, Community Development Director
RECOMMENDATION: Receive and File Report on the Grand Terrace Circulation
Fee Program Update.
2030 VISION STATEMENT:
This staff report supports Goal #1 Ensure Our Fiscal Viability and Goal #2 Maintain
Public Safety by ensuring cost recovery for services and improvements, and investing in
improvements to infrastructure.
BACKGROUND:
SANBAG tasks its participating cities to update the analysis of its Circulation Fee Program
on a regular basis. During the economic downtown participating cities expressed concern
that updating the Program could result in increased fees, further impacting development
within the cities. SANBAG deferred update of the Program. However, SANBAG is now
requiring participating cities to update their Programs.
The purpose of this report is to provide the City Council an overview of the Circulation Fee
Program Update. At the next Council Meeting, Staff will recommend introduction of an
ordinance to adopt new fees.
DISCUSSION:
California Government Code Chapter 5 Section 66000 - 66008 Fees for Development
Projects, also known as California Assembly Bill 1600 (AB 1600), governs imposing
development impact fees in California. AB 1600 requires that all local agencies in California
including cities, counties, and special districts follow two basic rules when instituting impact
fees. These rules are as follows:
1) Establish a nexus or reasonable relationship between the development impact fee’s use
and the type of project for which the fee is required; and
2) The fee must not exceed the project’s proportional fair share of the proposed
improvement and cannot be used to correct current problems are to make
improvements for existing development.
The City collects development impact fees for Storm Drain Facilities, General Facilities,
Public Use Facilities, Parkland and Open Space Acquisition, Arterial Improvements,
Operational Improvements, and Traffic Signal Improvements. These fees are assessed on
new development and collected at the time of building permit issuance.
13
Packet Pg. 226
The City of Grand Terrace enacted a Circulation Fee Program (Program) in 1998 in
accordance with provisions of AB 1600. The Program imposes fees on new development to
cover their fair share costs of new circulation improvements.
The Circulation Fee Program has been modified several times since then. Initially, the fee
Program was set up to fund all arterial projects needed to complete the Circulation Element
of the City General Plan. Subsequently, additional categories of improvements were added
to the Program, including a component to fund construction of future traffic signals and a
component to fund operational improvements which are defined as turn lane additions and
median construction which are needed projects but not specified in the Circulation Element.
In 2005, SANBAG adopted the Development Mitigation Nexus Study. The study identified
circulation improvements in each SANBAG member jurisdiction which are eligible for partial
funding from the Measure I Major Arterial funding program. At the request of the City,
SANBAG incorporated the arterial component of the Program into the SANBAG
Development Mitigation Nexus Study; thereby making these improvements eligible for
partial funding from Measure I.
City Staff contracted with TEP Engineering, represented by Mr. Craig Neustaedter to
conduct the analysis. TEP has prepared these studies in the past for the City, and also
reviews growth forecasts related to the Regional Transportation Program.
Methodology
In order to determine what the Program fees need to be a certain analysis must be
conducted. The Study attached the agenda report provides a comprehensive discussion
of the methodology and analysis. The methodology is briefly discussed below.
However, as stated above, the key to the analysis and ultimate recommendation is that
the fee must not exceed the new development’s proportional fair share contributing to
the need for the proposed improvement and cannot be used to correct current problems
created by existing development, or regional activity.
Simply put, the methodology includes: identification and update the list of projects
(arterial, signal and operational improvements) to be funded by the Program is
conducted. The costs of these projects are updated to 2015. Estimate the increment
growth to be covered by the Program and prospectively assessed for the program
costs. The increment growth is estimated primarily on the growth forecast of the current
General Plan and coordinated with SANBAG for incorporation in the SCAG
SCS/Regional Transportation Plan (RTP). Estimate the number of trips generated by
future growth; future development which is responsible for payment of circulation fee, is
only responsible for the percentage of the cost of future projects from which they
benefit, even though existing vehicle trips and development, and regional growth
contribute to circulation capacity needs. The fee is calculated per vehicle trip generated
based on project costs, trip generation for future development, and fair share
component based on the SANBAG Measure I Nexus Study; and finally calculation of the
fee by land use category.
Attached to the agenda report and extracted from the Study is a flow chart of the
13
Packet Pg. 227
methodology, and exhibits that identify the arterial, signal and operational improvements
included in the Program.
Conclusion
Although, as shown in the Study, the estimated costs of the circulation improvements
covered by the Program have significantly increased the new fees are proposed to
decrease by approximately 13-14 %.
The reason for this reduction is primarily attributable to the fair share cost component
factor. In previous iterations of the Circulation Fee Program, a higher factor was utilized.
This meant that local development was assumed to have contributed a proportionately
greater need for new circulation projects. SANBAG has taken a systematic approach to
the calculation for the fair share factor as part of its Development Mitigation Nexus
Study. It is important for the city to maintain consistency with the SANBAG program,
including the fair share cost component factor. Therefore, the new fees are less than
previously adopted.
FISCAL IMPACT:
No impact to the general fund will result from adoption of an updated Circulation Fee
Program, as it is a development impact fee.
ATTACHMENTS:
Figure 1 Methodology.pdf (PDF)
Figure 2 Arterial Improvement Program.pdf (PDF)
Figure 3 Signalization Improvement Program.pdf (PDF)
Figure 4 Operational Improvement Program.pdf (PDF)
Grand Terrace Circulation Fee Program Update (PDF)
APPROVALS:
Sandra Molina Completed 01/21/2016 10:12 AM
City Attorney Completed 01/21/2016 10:43 AM
Finance Completed 01/21/2016 11:14 AM
Community Development Completed 01/21/2016 11:14 AM
City Manager Completed 01/21/2016 1:39 PM
City Council Pending 01/26/2016 6:00 PM
13
Packet Pg. 228
This page left intentionally blank.
13.a
Packet Pg. 229
At
t
a
c
h
m
e
n
t
:
F
i
g
u
r
e
1
M
e
t
h
o
d
o
l
o
g
y
.
p
d
f
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.b
Packet Pg. 230
At
t
a
c
h
m
e
n
t
:
F
i
g
u
r
e
2
A
r
t
e
r
i
a
l
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
.
p
d
f
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.c
Packet Pg. 231
At
t
a
c
h
m
e
n
t
:
F
i
g
u
r
e
3
S
i
g
n
a
l
i
z
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
.
p
d
f
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.d
Packet Pg. 232
At
t
a
c
h
m
e
n
t
:
F
i
g
u
r
e
4
O
p
e
r
a
t
i
o
n
a
l
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
.
p
d
f
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Grand Terrace Circulation Fee Program Executive Summary
Background
The study is intended to satisfy the requirements of California Government Code
Chapter 5 Section 66000 -66008 Fees for Development Projects, also known as
California Assembly Bill 1600 (A.B. 1600) which governs imposing development impact
fees in California. A.B. 1600 requires that all local agencies in California including cities,
counties, and special districts follow 2 basic rules when instituting impact fees. These
rules are as follows:
1)establish a nexus or reasonable relationship between the development impact
fee’s use and the type of project for which the fee is required.
2)The fee must not exceed the project’s proportional fair share of the proposed
improvement and cannot be used to correct current problems are to make
improvements for existing development.
The city of Grand Terrace enacted a circulation fee program in 1998 in accordance with
provisions of A.B. 1600. The program imposes fees on new development to cover their
fair share costs of new circulation improvements.
The city fee program has been modified several times since then. Initially, the fee
program was set up to fund all arterial projects needed to complete the Circulation
Element of the city General Plan (excluding improvements under Caltrans or other
agency jurisdiction). Subsequently, additional categories of improvements were added
to the city circulation fee program, including a component to fund construction of future
traffic signals and a component to fund operational improvements which are defined as
turn lane additions and median construction which are needed projects but not specified
in the city Circulation Element
In 2005, SANBAG adopted the Development Mitigation Nexus Study. The study
identified circulation improvements in each SANBAG member jurisdiction which are
eligible for partial funding from the Measure I Major Arterial funding program. At the
request of the city, SANBAG incorporated the arterial component of the Grand Terrace
circulation fee program into the SANBAG Development Mitigation Nexus Study; thereby
making these improvements eligible for partial funding from Measure I.
Fair Share Cost Component
As mandated by A.B. 1600,the fee must not exceed the new development’s
proportional fair share contributing to the need for the proposed improvement and
cannot be used to correct current problems created by existing development, or regional
activity.
13.e
Packet Pg. 233
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
The fair share cost factor that is being used for the city of Grand Terrace circulation fee
program has been obtained from SANBAG’s Development Mitigation Nexus Study1.
This factor is based on the proportion of total traffic that new growth represents, and is
the ratio of the estimated growth by future development generated traffic to the total
traffic forecasted for the buildout year. The SANBAG fair share cost component factor
for Grand Terrace is 39.9%.
Development Growth Increment
The development growth increment has been estimated based on the development
forecasts used in the city General Plan update which was completed in 2008.For the
purpose of calculating the city circulation fee, growth forecasts are expressed in 5
categories. These are as follows:
Category Growth Increment to Build out
Single-Family Dwelling Units (SFDU’s)443
Multifamily Dwelling Units (MFDU’s)736
Retail 800415 ft.² (GLA)
Industrial/warehouse 823937 ft.² (GFA)
Office 100,000 ft.² (GFA)
This estimate of ultimate future development has been adjusted to account for all
development activity that has occurred since inception of the circulation fee program,
and the General Plan update.
Proposed Circulation Fee
Table 5 summarizes the proposed circulation fee for the city of Grand Terrace for each
of the 3 components of the program, and the combined total. The recommended fee
includes an adjustment for retail pass-by trips.
Table 5 compares the proposed fees with the existing fees.Although the estimated
costs of the circulation improvements covered by the program have significantly
increased, the new fees are proposed to decrease by approximately 13-14 %. The
reason for this reduction is primarily attributable to fair share cost component factor. In
previous iterations of the circulation fee program, a higher factor was utilized. This
meant that local development was assumed to have contributed a proportionately
greater need for new circulation projects. SANBAG has taken a systematic approach to
the calculation for the fair share factor as part of its Development Mitigation Nexus
Study. It is important for the city to maintain consistency with the SANBAG program,
including the fair share cost component factor.
1 Appendix K of the SANBAG Congestion Management Program (November 2013) Table 7, Pg. 22
13.e
Packet Pg. 234
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Table 5
Grand Terrace Proposed Circulation Fees -2015
Arterial Improvements Proposed Fees
Max fee
Land Use w retail pass-by Current % Change
Category Quantity Parameter Trips/unit reduction Fee
SFDU 443 Unit 9.52 $4,063.36 $4,511.70 -9.94%
MFDU 736 Unit 5.81 $2,479.85 $2,762.82 -10.24%
Retail 800415 TSF GLA 42.7 $9,112.69 $10,127.93 -10.02%
Industrial/warehouse 823937 TSF GFA 6.97 $2,974.96 $3,284.54 -9.43%
Office 100000 TSF GFA 11.03 $4,707.86 $5,193.80 -9.36%
Traffic Signals
Max fee
Land Use w retail pass-by Current % Change
Category Quantity Parameter Trips/unit reduction Fee
SFDU 443 Unit 9.52 $238.53 $666.36 -64.20%
MFDU 736 Unit 5.81 $145.57 $408.06 -64.33%
Retail 800415 TSF GLA 42.7 $534.93 $1,500.00 -64.34%
Industrial/warehouse 823937 TSF GFA 6.97 $174.63 $490.00 -64.36%
Office 100000 TSF GFA 11.03 $276.36 $770.00 -64.11%
Operational Improvement Program
Land Use w retail pass-by
Category Quantity Parameter Trips/unit reduction
SFDU 443 Unit 9.52 $174.03
MFDU 736 Unit 5.81 $106.21
Retail 800415 TSF GLA 42.7 $390.30
Industrial/warehouse 823937 TSF GFA 6.97 $127.42
Office 100000 TSF GFA 11.03 $201.64
Total Proposed Circulation Improvement Fee
Max fee
Land Use w retail pass-by Current % Change
Category Parameter reduction Fee
SFDU Unit $4,475.92 $5,178.06 -13.56%
MFDU Unit $2,731.63 $3,170.88 -13.85%
Retail TSF GLA $10,037.91 $11,627.93 -13.67%
Industrial/warehouse TSF GFA $3,277.01 $3,774.54 -13.18%
Office TSF GFA $5,185.86 $5,963.80 -13.04%
13.e
Packet Pg. 235
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
This page left intentionally blank.
DRAFT
City of Grand Terrace
Circulation Fee Program Update
for 2015
October,2015
Prepared for:
City of Grand Terrace
Community Development Department
22795 Barton Rd.
Grand Terrace CA 92313-5295
Sandra Molina,Department Director
Prepared by:
Craig S.Neustaedter
California Registered Traffic Engineer
License #: 1433/Expiration December 31, 2016
12/31/16
13.e
Packet Pg. 236
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Table of Contents
Page
Background 1
Methodology 1
Project Improvement List 4
Program Cost Estimates 4
Fair Share Cost Component 11
Development Growth Increment 11
Future Development Trip Generation Analysis 11
Fee per Generated Trip 12
Proposed Circulation Fee 14
Figures
1 Methodology 3
2 2015 Arterial Improvement Program 6
3 2015 Signal Improvement Program 8
4 2015 Operational Improvement Program 10
Tables
I 2015 Arterial Improvement Program 7
2 2015 Signal Improvement Program 9
3 2015 Operational Improvement Program 9
4 Future Development Trip Generation Analysis &Fee Per Unit Trip 13
5 Grand Terrace Circulation Improvement Fees-2015 15
13.e
Packet Pg. 237
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Background
The study is intended to satisfy the requirements of California Government Code
Chapter 5 Section 66000 - 66008 Fees for Development Projects, also known as
California Assembly Bill 1600 (A.B. 1600) which governs imposing development impact
fees in California. A.B. 1600 requires that all local agencies in California including cities,
counties, and special districts follow 2 basic rules when instituting impact fees. These
rules are as follows:
1)establish a nexus or reasonable relationship between the development impact
fee’s use and the type of project for which the fee is required.
2)The fee must not exceed the project’s proportional fair share of the proposed
improvement and cannot be used to correct current problems are to make
improvements for existing development.
The city of Grand Terrace enacted a circulation fee program in 1998 in accordance with
provisions of A.B. 1600. The program imposes fees on new development to cover their
fair share costs of new circulation improvements.
The fee program was adopted by the city in 1998, and has been modified several times
since then. Initially, the fee program was set up to fund all arterial projects needed to
complete the Circulation Element of the city General Plan (excluding improvements
under Caltrans or other agency jurisdiction). Subsequently, additional categories of
improvements were added to the city circulation fee program, including a component to
fund construction of future traffic signals and a component to fund operational
improvements which are defined as turn lane additions and median construction which
are needed projects but not specified in the city Circulation Element
In 2005, SANBAG adopted the Development Mitigation Nexus Study. The study
identified circulation improvements in each SANBAG local jurisdiction which are eligible
for partial funding from the Measure I Major Arterial funding program. At the request of
the city, SANBAG incorporated the arterial component of the Grand Terrace circulation
fee program into the SANBAG Development Mitigation Nexus Study; thereby making
these improvements eligible for partial funding from Measure I.
Methodology
The methodology for updating the city circulation improvement fee program is illustrated
on Figure 1. This methodology is consistent with the requirements of A.B. 1600. The
steps in this methodology include the following:
1.Identify and update the list of projects to be funded by the fee program. These include
the Arterial, Signal, and the Operational Improvement components.
2.The cost of these projects are updated to 2015.
13.e
Packet Pg. 238
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
3.Estimate the increment of growth to be covered by the program, and prospectively
assessed for the program costs. The primary source for estimating the increment of
growth is the city General Plan update completed in 2008.
4.The increment of growth was initially estimated in terms of socioeconomic
parameters (e.g.total employees and retail employees).The socioeconomic growth
estimates need to be converted to land-use estimates (e.g.industrial square footage,
retail square footage)for purposes of calculating the circulation fees.
5.The number of trips to be generated by the future growth is calculated using trip
generation rates from the ITE Trip Generation Manual,9th Edition.
6.The need for capacity enhancing circulation improvement projects is caused by
vehicle trips generated by existing development, regional growth, and future
development in the city that will be responsible for payment of the circulation fees. To
comply with A.B. 1600, future development which is responsible for payment of
circulation fee, is only responsible for the percentage of the cost of future projects from
which they benefit. As part of the countywide Development Mitigation Nexus Study,
SANBAG has estimated the “fair share” percentages for all municipal and county
jurisdictions in San Bernardino County.
7.A fee is calculated per vehicle trip generated based on the following 3 inputs:project
costs covered by the program, total trip generation of future development covered by
the program, and the fair share component based on the SANBAG Measure I Nexus
Study.
8.A fee adjustment is recommended to adjust the fee for retail development. Typically,
retail development is the most intense trip generator. Consequently, retail development
will have the highest unit fee. However, retail development is also an intense revenue
generator for the city due to sales tax generation.The city is a beneficiary of the retail
sales tax revenues that are generated by these new developments, and these additional
revenues may be applied to municipal enhancements including infrastructure
development. It is appropriate to make an adjustment to the retail development fee
which accounts for the additional benefits of retail sales tax revenue generation.
9.The draft final fee is calculated for each land use category which will be responsible
for payment of fees.The draft final fee is calculated by multiplying the fee per trip end
(adjusted for retail development) by unit of development to be charged the fee (e.g.,
thousand square feet).
13.e
Packet Pg. 239
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 240
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Project Improvement Lists
The fee program was adopted by the city in 1998, and has been modified several times
since then. Initially, the fee program was set up to fund all arterial projects needed to
complete the Circulation Element of the city General Plan (excluding improvements
under Caltrans or other agency jurisdiction). Subsequently, additional categories of
improvements were added to the city circulation fee program, including a component to
fund construction of future traffic signals and a component to fund operational
improvements which are defined as turn lane additions and median construction which
are needed projects but not specified in the city Circulation Element
In 2005, SANBAG adopted the Development Mitigation Nexus Study. The study
identified circulation improvements in each SANBAG local jurisdiction which are eligible
for partial funding from the Measure I Major Arterial funding program. At the request of
the city, SANBAG incorporated the arterial component of the Grand Terrace circulation
fee program into the Development Mitigation Nexus Study; thereby making these
improvements eligible for partial funding from Measure I.
To summarize, there are 3 lists of projects that are covered by the city circulation fee
program:
Arterial Improvement Program
The current Arterial Improvement Program is shown on Figure 2 and listed on Table 1.
This program list was recently updated and will be incorporated in the SANBAG
Measure I Development Mitigation Nexus Study that is currently being updated.
Signalization Improvement Program
The current Signalization Improvement Program is shown on Figure 3 and listed on
Table 2.There are no changes from the previous program list.
Operational Improvement Program
The current Operational Improvement Program is shown on Figure 4 and listed on
Table 3. Fee collection for this program was temporarily suspended in 2010, and is
being re-instituted as part of this circulation fee program update for the city of Grand
Terrace.
Program Cost Estimates
The cost estimates for each of the 3 components of the city circulation fee program are
respectively listed on Tables 1 through 3. All program cost estimates have been
updated to the current year, 2015.
13.e
Packet Pg. 241
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Cost estimates for the Arterial Improvement component have been based on the the
methodology adopted by the Western Regional Council of Governments (WRCOG)for
its Transportation Uniform Mitigation Fee (TUMF)program.
For the Signalization Improvement component, a uniform cost estimate of $250,000
+25% design and contingencies cost has been used for each proposed signal. It is not
possible to generate a specific cost estimate for any single signal location without
completing detailed design work. The cost estimate that is been used in this study is
based on current typical costs for new traffic signal projects in Caltrans District 8.
For the Operational Improvement component detailed design work has been completed.
Therefore, detailed cost estimates for the 3 listed projects have been generated. These
cost estimates are current to 2015.
13.e
Packet Pg. 242
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 243
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 244
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 245
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 246
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 247
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Fair Share Cost Component
As mandated by A.B. 1600,the fee must not exceed the new development’s
proportional fair share contributing to the need for the proposed improvement and
cannot be used to correct current problems created by existing development, or regional
activity.
The fair share cost factor that is been used for the city of Grand Terrace circulation fee
program has been obtained from SANBAG’s Development Mitigation Nexus Study1.
This factor is based on the proportion of total traffic that new growth represents, and is
the ratio of the estimated growth by future development generated traffic to the total
traffic forecasted for the buildout year. The SANBAG fair share cost component factor
for Grand Terrace is 39.9%.
Development Growth Increment
The development growth increment has been estimated primarily based on the
development forecasts used in the city General Plan update which was completed in
2008 and coordinated with SANBAG for incorporation in the SCAG SCS/Regional
Transportation Plan (RTP). The general plan and SCS/RTP development forecasts are
expressed in terms of dwelling units, population and employment. For the purpose of
calculating the city circulation fee, growth forecasts are expressed in 5 categories.
These are as follows:
Category Growth Increment to Build out
Single-Family Dwelling Units (SFDU’s) 443
Multifamily Dwelling Units (MFDU’s) 736
Retail 800415 ft.²(GLA)
Industrial/warehouse 823937 ft.² (GFA)
Office 100,000 ft.²(GFA)
This estimate of ultimate future development has been adjusted to account for all
development activity that has occurred since inception of the circulation fee program,
and the General Plan update.
Future Development Trip Generation Analysis
Table 4 summarizes the calculation of the fee that should be charged per generated trip
for the future increment of development growth in the city of Grand Terrace. To
calculate the fee per trip,the following steps are followed:
Calculate the number of trips generated by the future growth increment.For the
city fee program, there are 5 land use categories. Table 4 shows the
representative land-uses which have been used to calculate trip generation for
1 Appendix K of the SANBAG Congestion Management Program (November 2013)Table 7, Pg. 22
13.e
Packet Pg. 248
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
each land use category. Daily trip generation rates for the representative land
uses have been obtained from the ITE Trip Generation Manual,9th Edition.
The total number of trips for future development have been adjusted for a retail
pass by trip reduction factor.On a per unit basis, retail development is the most
intense trip generation category. Consequently,retail development would have a
very high circulation fee relative to the other 4 categories.As documented in the
ITE Trip Generation Handbook2, it is known that many of the trips generated by
retail development are pre-existing trips which are diverted to new retail
projects.These are known as pass-by trips. For the circulation fee calculation, a
pass-by factor of 50% has been applied to retail generated trips.This means it is
assumed that 50% of the trips attracted to new retail developments are pre-
existing trips on the circulation system.
Fee per Generated Trip
Table 4 summarizes the fee per generated trip for each of the 3 circulation improvement
program components. The table shows the fee per trip for 2 conditions, i. e.,with and
without the retail pass-by factor.
.
2 ITE Trip Generation Handbook, 3rd edition pps. 91-95
13.e
Packet Pg. 249
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
13.e
Packet Pg. 250
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Proposed Circulation Fee
Table 5 summarizes the proposed circulation fee for the city of Grand Terrace for each
of the 3 components of the program, and the combined total. The recommended fee
includes an adjustment for retail pass-by trips.
Table 5 compares the proposed fees with the existing fees. Although the estimated
costs of the circulation improvements covered by the program have significantly
increased (see Tables 1, 2 and 3), the new fees are proposed to decrease by
approximately 13-14 %.The reason for this reduction is primarily attributable to fair
share cost component factor. In previous iterations of the circulation fee program, a
higher factor was utilized. This meant that local development was assumed to have
contributed a proportionately greater need for new circulation projects. SANBAG has
taken a systematic approach to the calculation for the fair share factor as part of its
Development Mitigation Nexus Study. It is important for the city to maintain consistency
with the SANBAG program, including the fair share cost component factor.
13.e
Packet Pg. 251
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
Table 5
Grand Terrace Proposed Circulation Fees -2015
Arterial Improvements Proposed Fees
Max fee
Land Use w retail pass-by Current % Change
Category Quantity Parameter Trips/unit reduction Fee
SFDU 443 Unit 9.52 $4,063.36 $4,511.70 -9.94%
MFDU 736 Unit 5.81 $2,479.85 $2,762.82 -10.24%
Retail 800415 TSF GLA 42.7 $9,112.69 $10,127.93 -10.02%
Industrial/warehouse 823937 TSF GFA 6.97 $2,974.96 $3,284.54 -9.43%
Office 100000 TSF GFA 11.03 $4,707.86 $5,193.80 -9.36%
Traffic Signals
Max fee
Land Use w retail pass-by Current % Change
Category Quantity Parameter Trips/unit reduction Fee
SFDU 443 Unit 9.52 $238.53 $666.36 -64.20%
MFDU 736 Unit 5.81 $145.57 $408.06 -64.33%
Retail 800415 TSF GLA 42.7 $534.93 $1,500.00 -64.34%
Industrial/warehouse 823937 TSF GFA 6.97 $174.63 $490.00 -64.36%
Office 100000 TSF GFA 11.03 $276.36 $770.00 -64.11%
Operational Improvement Program
Land Use w retail pass-by
Category Quantity Parameter Trips/unit reduction
SFDU 443 Unit 9.52 $174.03
MFDU 736 Unit 5.81 $106.21
Retail 800415 TSF GLA 42.7 $390.30
Industrial/warehouse 823937 TSF GFA 6.97 $127.42
Office 100000 TSF GFA 11.03 $201.64
Total Proposed Circulation Improvement Fee
Max fee
Land Use w retail pass-by Current % Change
Category Parameter reduction Fee
SFDU Unit $4,475.92 $5,178.06 -13.56%
MFDU Unit $2,731.63 $3,170.88 -13.85%
Retail TSF GLA $10,037.91 $11,627.93 -13.67%
Industrial/warehouse TSF GFA $3,277.01 $3,774.54 -13.18%
Office TSF GFA $5,185.86 $5,963.80 -13.04%
13.e
Packet Pg. 252
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
U
p
d
a
t
e
(
1
8
4
3
:
C
i
r
c
u
l
a
t
i
o
n
F
e
e
P
r
o
g
r
a
m
)
This page left intentionally blank.
CITY OF GRAND TERRACE
FACILITY NAMING AD HOC COMMITTEE
MINUTES ● JANUARY 13, 2016
Council Chambers Public Input 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
City Clerk Jacquez-Nares called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Council Member Hussey led the Pledge of Allegiance
ROLL CALL
Attendee Name Title Status Arrived
Sylvia Robles Mayor Pro Tem Present
Bill Hussey Council Member Present
G. Harold Duffey City Manager Present
Pat Jacquez-Nares City Clerk Present
CITY FACILITY NAMING POLICY AND HISTORY OF COMMITTEE
City Manager Duffey provided a brief summary of this item.
COMMITTEE MEMBER COMMENTS
Council Member Bill Hussey suggested that the name of the Pico Park be changed to
honor the Veterans and Freedom.
Mayor Pro Tem Sylvia Robles stated that she was ready to listen to the public’s input.
PUBLIC INPUT
Jim McNaboe, Veteran and Member of the Veteran’s Wall of Freedom Committee, as a
Committee Member he had no position and was present only to take back the meeting
information to the Committee. As a Veteran, he would like to see the natural
progression of the project with the name change at project completion.
Don Larkin, Member of the Veteran’s Wall of Freedom Committee, he also did not have
a position as a Committee Member. Personally, he suggested that Pico Park’s name be
changed to either Veteran’s Park or Patriot Park. He would also like to have a strategic
plan to enhance the park.
14
Packet Pg. 253
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
3
,
2
0
1
6
6
:
0
0
P
M
(
C
o
m
m
i
t
t
e
e
R
e
p
o
r
t
s
)
Minutes Facility Naming Ad Hoc Committee January 13, 2016
City of Grand Terrace Page 2
Jim McNaboe introduced the Members of the Veteran’s Wall of Freedom Committee
present in the audience: Mickey Bubier, Don Larkin, Bruce Ricker, and Jim Miller.
Yvonne Williams, Veteran, supports both names Veteran’s and Patriot Parks. She
would also like to see the City look to the future in relation to this Park.
Jim Miller supports the name change and suggested the name be Veteran’s Freedom
Park to distinguish Grand Terrace from other cities’ that have a Veteran’s Park.
Mikey Bubier, Member of the Veteran’s Wall of Freedom Committee, would like to see
what other Veterans have as suggestions or input.
Brian Reinarz, Veteran, supports a name change but would like to have an additional
name added to Veteran’s Park.
Mayor Pro Tem Robles discussed the additional cost for renaming Pico Park to
Veteran’s Park because staff report stated the cost would be from $2,000 to $5,000 for
the landmark monuments and she asked if the Veteran’s Wall of Freedom Committee
had any estimates on the cost to rename.
Jim McNaboe stated that he did not know the cost for the name change and had
already talked to City Manager Duffey on the possibility of moving the Park dumpsters
to a different location.
City Manager Duffey confirmed Mayor Pro Tem Robles’s statement and further stated
that Quimby fees could cover the costs for the park improvements.
Mayor Pro Tem Robles would like to see interpretive panels on the Wall. She also
suggested having a digital history/story for each of the Veteran’s by pressing a button.
Don Larkin suggested a kiosk at the park to provide information. He also stated that the
Freedom Wall was not just for Grand Terrace residents and should be advertised so
that it would attract additional people
Don Larkin suggested having Freedom Wall signage on the new Barton Interchange
wall.
Council Member Hussey asked if the Veteran’s Wall of Freedom project would be
completed by November 11, 2016.
Jim McNaboe stated that the granite plaques would be completed by the end of April
2016 with the unveiling on Memorial Day 2016. The Veteran’s Wall of Freedom
Dedication was scheduled for November 11, 2016.
14
Packet Pg. 254
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
3
,
2
0
1
6
6
:
0
0
P
M
(
C
o
m
m
i
t
t
e
e
R
e
p
o
r
t
s
)
Minutes Facility Naming Ad Hoc Committee January 13, 2016
City of Grand Terrace Page 3
City Manager Duffey stated that the City currently was in discussions with SANBAG on
the Interchange walls and the City would provide this information to the consultant on
the Interchange project. He also reinforced the need for a have a strategic plan with a
timeline for this Park project ready for the future use.
Mayor Pro Tem Robles stated that potential future use of the Park by the Colton Unified
School District for student field trips would provide War and Veteran’s history. Mayor
Pro Tem Robles suggested that for interim enhancements banners be placed along the
walkway leading up to the Freedom Wall.
Yvonne Williams would like to see the name change done on November 11, 2016 and
the possible use of different statues supporting all the military branches. She suggested
the use of social media to solicit additional input.
Mayor Pro Tem Robles stated that the Ad Hoc Committee had enough to move forward
with a recommendation to the City Council. She liked the concept of developing a
strategy and timeline to enhance the Park with the Veteran themed amenities along with
the name change.
City Manager Duffey stated that in late September/early October the Council approved
an assessment of the City’s parks; he would ask the City’s consultant to provide
enhancements for this Park as part of their assessment.
Mayor Pro Tem Robles asked the capacity of the name plaques on the Wall.
Don Larkin stated that the front side only was approximately 1,500 spaces. The use of
the back side was not recommended.
Council Member Hussey stated that good work had been done at the meeting. He
wanted everyone to remember and honor the Veteran’s for all that they do for us and
our Country; they are the real heroes. He also thanked everyone for attending the
meeting and for their participation. Council Member Hussey did not want to change the
project timeline but wanted to help enhance the Park.
Based on the information at received at the Adhoc Committee. The Ad Hoc Committee
will forward the following information to the City Council. :
1. Three names for the Park:
Veteran’s Park;
Patriot Park; and
Veteran’s Freedom Park
2. Recommend a scope of work change be added to the existing assessment of
Parks to include a strategic plan, costs to provide enhancement to a newly name
veteran’s theme Park.
14
Packet Pg. 255
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
3
,
2
0
1
6
6
:
0
0
P
M
(
C
o
m
m
i
t
t
e
e
R
e
p
o
r
t
s
)
Minutes Facility Naming Ad Hoc Committee January 13, 2016
City of Grand Terrace Page 4
3. Recommend staff and SANBAG representative request Freedom Wall logo or
stamp be incorporated into any new walls build as a result of the Barton – I-215
interchange project
4. Develop other marketing campaigns to insure the park will be easy to find and
become a tourist attraction. Ideas included Temporary Banners along the
walkway for interim enhancement. The ability to have a history/story for the
Veteran’s on the Wall.
ADJOURN
City Manager Duffey adjourned the meeting at 6:45 p.m.
Sylvia Robles, Mayor Pro Tem Bill Hussey, Council Member
14
Packet Pg. 256
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
J
a
n
1
3
,
2
0
1
6
6
:
0
0
P
M
(
C
o
m
m
i
t
t
e
e
R
e
p
o
r
t
s
)