04/26/2016CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● APRIL 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
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 April 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 – 04/12/2016
DEPARTMENT: CITY CLERK
3. Approval of Check Register No. 03312016 in the Amount of $436,825.49
RECOMMENDATION:
Approve Check Register No. 03312016 in the amount $436,825.49, 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
E. PUBLIC HEARINGS
To speak on Public Hearing Items, please fill out a Request to Speak Form and give it
to the City Clerk. Each person will be allowed 3 minutes to address the City Council. If
you challenge in court any action taken concerning a Public Hearing item, you may be
limited to raising only those issues you, or someone else, raised at the Public Hearing
described in this notice or in written correspondence delivered to the City at, or prior to,
the Public Hearing.
Agenda Grand Terrace City Council April 26, 2016
City of Grand Terrace Page 3
4. Zoning Code Amendment 15-01 Establishing a New Chapter 18.80 Signs
RECOMMENDATION:
1. Conduct a public hearing; and
2. Find that the adoption of the herein ordinance is exempt from CEQA review pursuant
to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in 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
3. Introduce, read by title only and waive further reading of AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,
APPROVING ZONING CODE AMENDMENT 15-01, TO AMEND TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING
CHAPTER 18.80 SIGNS IN ITS ENTIRETY AND AMENDING TITLE 5, CHAPTER
5.40 GARAGE SALES BY REVISING SECTION 5.40.070 SIGNS
DEPARTMENT: COMMUNITY DEVELOPMENT
F. UNFINISHED BUSINESS
5. Adopt Ordinance No. 295 Amending Chapter 5.12 of City of Grand Terrace Municipal
Code (Cable Television Franchises)
RECOMMENDATION:
Read by title only, waive further reading and adopt Ordinance No. 295 an Ordinance of
the City Council to amend the Grand Terrace Municipal Code by replacing Chapter 5.12
Governing Cable Television Franchises.
DEPARTMENT: CITY MANAGER
G. NEW BUSINESS
6. Award of Contract for Van Buren Traffic Calming Improvements
RECOMMENDATION:
1. Authorize award of construction contract for the Van Buren Traffic Calming
Improvements to Cal Stripe, Inc., As the lowest responsive bidder in the amount of
$16,025.00 to include Phase 1a and 1b; and
2. Authorize the Public Works Director to approve change orders not to exceed 5% of
the awarded contract, which would result in a total project construction budget of
$18,429.00; and
3. Authorize the Public Works Director to implement Phase 1b, if further study
determines necessary; and
Agenda Grand Terrace City Council April 26, 2016
City of Grand Terrace Page 4
4. Appropriate an additional $4,618.00 from the Gas Tax Fund for the Project.
DEPARTMENT: COMMUNITY DEVELOPMENT
7. Report on Tree Inventory Conducted by Arbor Pro, Inc.
RECOMMENDATION:
Receive the Staff Report
DEPARTMENT: COMMUNITY DEVELOPMENT
8. Overview of the City of Grand Terrace California Public Employees Retirement System
(CalPERS) Unfunded Accrued Liability
RECOMMENDATION:
Receive and file the Overview of the City’s California Public Employee Retirement
System (CalPERS) Unfunded Accrued Liability report.
DEPARTMENT: FINANCE
H. CITY MANAGER COMMUNICATIONS
RECESS TO CLOSED SESSION
I. CLOSED SESSION
9. Public Employee Performance Evaluation - Pursuant To Government Code Section
54957(b) (1) Title: City Manager
10. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6
Agency Designated Representative: City Attorney Unrepresented Employee: City
Manager
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, May 10, 2016 at 6:00
p.m.
Agenda item requests must be submitted in writing to the City Clerk’s office no later
than 14 calendar days preceding the meeting.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 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 called the meeting to order at 6:02 p.m.
Invocation was given by Devan Hussey.
Pledge of Allegiance was led by Council Member Hussey
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
Richard Adams City Attorney Present
Linda Phillips Child Care Present
Sandra Molina Community Development Director Present
Cynthia Fortune Finance Director Present
Robert O'Brine Lieutenant Present
Doug Wolfe Lieutenant Present
A. SPECIAL PRESENTATIONS
Presentation of Certificates to Terrace View Elementary School 2nd Grade Class
for their Veteran Appreciation
Robyn Asherbranner, Terrace View Elementary School Teacher, thanked the Council
for this student recognition.
Council Member Hussey thanked the students for the Pledge of Allegiance. He read the
letter he received from Tara the second grade student. Council Member Hussey
thanked the students and teachers for their outstanding work.
Mayor Pro Tem Robles thanked the teacher and students for their appreciation of our
Veterans.
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Minutes Grand Terrace City Council April 12, 2016
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Council Member Mitchell thanked Ms. Asherbranner, the parents, and the students for
their Veteran appreciation.
Council Member Wilson thanked everyone involved in the Veteran appreciation
presentation. He had 17 relatives that served in the Revolutionary war.
Mayor McNaboe thanked all the students for writing the letters that were given to the
Veterans.
Presentation of Proclamation to Children’s Network Human Services for Child
Abuse Prevention
Mayor Pro Tem Robles read and presented the Proclamation on behalf of the entire
Council.
Lesford Duncan, Child Abuse Prevention Coordinator for San Bernardino County,
thanked the Council for their ongoing support.
Presentation of Proclamation to One Legacy for Donate Life
Mayor McNaboe read and presented the Proclamation on behalf of the entire Council.
John Van Campen and Susan Van Campen thanked the Council for their support.
B. CONSENT CALENDAR
APPROVED ALL CONSENT CALENDAR ITEMS
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
1. Waive Full Reading of Ordinances on Agenda
WAIVED THE FULL READING OF ALL ORDINANCES
2. Approval of Minutes – Regular Meeting – 03/22/2016
APPROVED THE MINUTES OF THE 03/22/2016 REGULAR MEETING
3. Monthly Financial Report for February 2016
RECEIVED AND FILED THE MONTHLY FINANCIAL REPORT FOR THE PERIOD
ENDING FEBRUARY 29, 2016.
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Minutes Grand Terrace City Council April 12, 2016
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4. Amendment 2 of the Contract between the City of Grand Terrace and EZ SunnyDay
Landscape for Citywide Landscape Maintenance
1. APPROVED CONTRACT NO. 2016-12 INCREASE FROM $47,760 TO $55,760
FOR THE SECOND AND LAST YEAR OF THE CONTRACT.
2. AUTHORIZED THE CITY MANAGER TO EXTEND UNTIL FEBRUARY 1, 2017,
THE SERVICE PROVIDER AGREEMENT WITH EZ SUNNYDAY LANDSCAPE
FOR CITYWIDE LANDSCAPE MAINTENANCE
5. Support by the City of Grand Terrace City Council of Senate Bill 1106 Mobile Home
Park Citation Authority
AUTHORIZED THE MAYOR TO SIGN A LETTER OF SUPPORT OF SENATE BILL
1106 MOBILEHOME PARK CITATION AUTHORITY
C. PUBLIC COMMENT
Ashley Jones, Field Representative Assembly Member Brown's office, announced that
they were accepting nominations for the Man of Distinction Award. Assembly Member
Brown has launched #unity47 which was a campaign that highlighted positive
contributions happening every day in our community. She would be honoring a
deserving individual, organization, or business each month throughout the year with the
#unity47 award. This award recognized service and dedication for the betterment of the
community. Ms. Jones further announced that Assembly Member Brown would be
hosting two free small business workshops: April 22, 2016 from 11:00 a.m. to 12:30
p.m., at the Cypress Neighborhood Center, located at 8380 Cypress Avenue in Fontana
and April 28, 2016 from 5:30 p.m. to 7:00 p.m. at the Gonzales Community Center,
located at 670 Colton Avenue in Colton.
Nina Mohammed, on behalf of the Inland Empire Biking Alliance (IEBA), invited the
Council and the residents to the two 2016 IEBA Bike Film Fests: Sunday, May 1, 2016
at the American Legion Post 106, 814 W. Colton, Redland and Thursday, May 5, 2016
at the Box 3635 Market St., Riverside.
Lt. O'Brine, San Bernardino County Sheriff's Department, introduced the newly
assigned Lt. Doug Wolfe. He also thanked the Council and City Staff for the opportunity
to work with them.
D. CITY COUNCIL COMMUNICATIONS
Council Member Bill Hussey
Council Member Hussey thanked everyone who attended the meeting. He read his
letter from the second grade student to his wife's grandfather a Korean War Veteran
and he enjoyed it very much. Council Member Hussey also thanked the volunteers that
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Minutes Grand Terrace City Council April 12, 2016
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came out on Sunday to clean up the City. He thanked our Veterans and their families.
Council Member Hussey also thanked Lt. O'Brine for his dedication to the City of Grand
Terrace and wished him good luck in his next venture.
Council Member Doug Wilson
Council Member Wilson appreciated the presentation to the second grade class. He
mentioned that his wife told him that one of the most important things he would do today
was to shake the hands of 24 second graders and that they would remember it for the
rest of their lives. Council Member Wilson also shared the story of his friend a Vietnam
Veteran who served as a radio man for the Army.
Council Member Jackie Mitchell
Council Member Mitchell thanked everyone in attendance tonight. She said it was
National Volunteer Week and that she was proud and thankful that the City had a lot of
volunteers always ready to do even the small tasks. Council Member Mitchell stated
that she had a conversation with City Manager Duffey on the potential implementation
of a real estate transaction fee and was looking forward to additional conversations on
this fee.
Mayor Pro Tem Sylvia Robles
Mayor Pro Tem Robles reported that she and Mayor McNaboe attended the SANBAG
2016 City County Conference on March 31 and April 1, 2016. She attended the
following discussions:
On Thursday, March 31, 2016 they received an update from Kelly Fredericks, Executive
Director, Ontario International Airport Authority, on Ontario International Airport and
Local Control - What’s Next? The City of San Bernardino’s Police Chief and Sheriff John
McMann discussed the Crisis Communications - Lessons Learned on December 2,
2015. She also attended the following sessions: Unfunded Retirement Liability and
GASB 68, Regulating Marijuana - Medicinal and Recreational
On Friday, April 1, 2016 she attended the Imposed District Elections and What it Means
presented by Craig Steele, City Attorney, City of Highland. She also attended What’s
Ahead for Our Economy? Presented by Christopher Thornberg, Director, UC Riverside
Center for Economic Forecasting and Development and Founding Partner of Beacon
Economics, LLC.
Mayor Darcy McNaboe
Mayor McNaboe attended the City County Conference on March 31 and April 1, 2016
and reported on the following discussions:
Kelly Fredericks - Executive Director Ontario International Airport - Discussion of Local
Control and What is next.
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Minutes Grand Terrace City Council April 12, 2016
City of Grand Terrace Page 5
Needs to proceed as a company with a turnaround strategy compared to a startup
company
• Focus on being a transportation hub
• Currently the airport is under served by airlines and underutilized
• Need to coordinate regional involvement - Regional asset
O Envisioning Regional Partnerships and Support
O Marketing I Advertising
O Grand Transportation I Multi Model
O Operations
• Transfer agreement is expected July 1 of this year
• Once transferred the focus will be optimization and competing - They will use a
business plan with the following elements as their blueprint moving forward
O Reduce airline operating costs
• Currently situation has high operating costs; and
• Low revenue
O Create and develop aviation plan - 700 acres that are developable
• Need an airport master plan as a template for the next 20 years
• Upgrade the concession program
O Air Service Development
• Strategic Plan
O Customer Service
• Better Way finding
• Transportation to and from
• Partner with regional tourism agents
Crisis Communications - Panel Discussion using lessons from December 2 event -
Moderator was Kelly Huston, Deputy Director, Crisis Communications and Relations for
the Governors Office of Emergency Services.
• Sheriff McMahan
• SB City Police Chi
• Public Information Officers with SB City Police
• Public Affairs for SB County
Concurrent Sessions
1. Using Technology for Open Government and Transparency - Sunlight
Foundation as a partner - Internet changing expectations of our interaction with
local government. Open Data - providing public access to information proactively,
instead of awaiting formal requests. No barriers to information such as cost or
licensing fee. No proprietary software needed. Available in full in spreadsheet or
other manipulatible format. Focus is on working with and collaborating not
governing "to". Governs with the public. Discussion of resources available to help
cities move toward open data.
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Minutes Grand Terrace City Council April 12, 2016
City of Grand Terrace Page 6
2. How to be More Competitive for Public Grants and To Help Bring more Private
Foundation Giving - Funders Alliance and Southern California Grantmakers,
Capaciteria. Create partnerships with non-profits and philanthropic organizations
most granting organizations don't like to grant to government agencies.
Day Two - Local Issues in the Legislature from the California League of Cities
1. Concurrent Sessions - El Nino De-Brief & Imposed District Elections
2. What's Ahead for Our Economy - Christopher Thornberg, Director UC Center for
Economic Forecasting and Development - Founding Partner of Beacon
Economics.
Mayor McNaboe requested to have Christopher Thornberg’S presentation on our
website.
US Economy SCll Moving Along - 2015: Better than it looked - Labor markets strong -
Forget the turmoil: there is no bubble - Housing still in recovery mode - Credit
expanding on many levels - Commodity prices are down - California is leading, not
lagging the nation • Issues? Sure ... - Still in slow growth mode - State and Local
Budgets still stressed - Global economy-particularly Asia - Bad Financial Regulations -
Local Housing shortage - Pensions / Entitlements - Growing Inequality / Political
Gridlock
City Selection Committee - Second attempt to Elect Local Agency Formation Committee
(LAFCO) primary member. 13 votes needed to elect a member vote was short of 13
once again. Another vote will be taken in May.
Mayor McNaboe attended the SANBAG April 6, 2016 Board Meeting - Items discussed:
Closed Session
1. CONFERENCE WITH LABOR NEGOTIATORS -
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Consent - Administrative Matters
• December 2015 and January/February 2016 Procurement Report Receive the
December 2015 and January/February 2016 Procurement Report.
• Budget to Actual Report for second quarter ending December 31, 2015 Receive
and file
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Minutes Grand Terrace City Council April 12, 2016
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Consent - Air Quality/Traveler Services
• Yearly update on the progress of the Inland Empire 511 system Receive
information
• Mount Vernon Avenue Viaduct over the BNSF Railway lntermodal Facility Direct
SAN BAG staff to develop an (MOU} with the City of San Bernardino
Consent - Regional/Subregional Planning
• Transportation Development Act (TDA) Award of Article 3 Bicycle and Pedestrian
Facilities and Transit Stop Access Improvement Projects
• Rim of the World Park and Recreation District Active Transportation Plan
Contract Award that the Board, acting as the San Bernardino County
Transportation Commission, approve Contract No. 16-1001417 with Michael
Baker International for the development of a Rim of the World
Recreation and Park District Active Transportation Plan
Consent - Transit/Rail
• Approve renaming the Commuter Rail and Transit Committee to the Transit
Committee.
• Amendment 4 to Contract No. C11207 with Nossaman, LLP for Downtown San
Bernardino Passenger Rail Project for additional right-of-way legal services
• Approve the use of Valley Local Transportation Funds as the primary source of
funding for management and maintenance of SAN BAG owned railroad right-of-
way in lieu of Rail Asset Funds. & Approve a Rail Asset Reserve Fund in the
amount of $2,000,000 for unforeseen costs associated with SAN BAG owned
railroad right-of-way and the San Bernardino Santa Fe Depot that are ineligible
for other Transit Program fund
• Receive and File Second Quarter of Fiscal Year 2016 Right-of-Way Grants of
Use Report Receive second quarter (October, November, December) Right-of-
Way Grants of Use Report.
• Authorize the Executive Director or his designee to negotiate the final form of and
execute a Cooperative Agreement Cooperative Agreement with the University of
Redlands for Betterments to the Redlands Passenger Rail Project
• Authorize the Executive Director or his designee to negotiate the final form of and
execute a Cooperative Agreement Cooperative Agreement with Esri for the
Redlands Passenger Rail Project - New York Street Station
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• Authorize the Executive Director or designee to approve Amendment No. 1 to
Contract No. 15-1001093 with HDR Engineering, Inc. For additional design
services related to the New York Street and University Stations for the Redlands
Passenger Rail Project
Consent - Council of Governments
• Receive and file State and Federal Legislative Update
Discussion - Air Quality/Traveler Services
• Yearly update on the Freeway Service Patrol Program and 2015 Freeway
Service Patrol Driver Recognition Award Receive information pertaining to the
Freeway Service Patrol Program in San Bernardino County, and acknowledge
the 2015 Top Driver and Drivers of Excellence Awards.
• Authorize the Executive Director the final form of the Funding Agreement with the
California Air Resources Board (CARB) related to the Implementation of the
Multi-Class Heavy-Duty Zero-Emission Truck Development Project for lntermodal
and Warehouse Facilities
Discussion - Council of Governments
• 2015 Community Indicators Report Receive and file the report
Discussion - Project Delivery
21. Hearings to Consider Resolutions of Necessity for Parcels for the Interstate 215 (1-
215) Barton Road Interchange Improvement Project in the City of Grand Terrace
1. The public interest and necessity require the Project
2. The Project is planned and located in the manner that will be most compatible with
the greatest public good and least private injury
3. The properties sought to be acquired are necessary for the Project
4. Offers required by Section 7267.2 of the Government Code have been made to the
owner or owners of record.
Mayor McNaboe thanked Penny Radtke and Frankie Byrna for their work in
coordinating the clean-up day on Sunday, April 10, 2016. She also welcomed Lt. Wolfe.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
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Minutes Grand Terrace City Council April 12, 2016
City of Grand Terrace Page 9
G. NEW BUSINESS
6. Ordinance to Amend Chapter 5.12 of City of Grand Terrace Municipal Code (Cable
Television Franchises)
City Manager Duffey presented the PowerPoint Presentation for this item
City Clerk Jacquez-Nares read by title only Ordinance No. 295: AN ORDINANCE OF
THE CITY COUNCIL TO AMEND THE GRAND TERRACE MUNICIPAL CODE BY
REPLACING CHAPTER 5.12 GOVERNING CABLE TELEVISION FRANCHISES.
INTRODUCE BY TITLE ONLY AND WAIVE FURTHER READING OF ORDINANCE
NO. 295 AN ORDINANCE OF THE CITY COUNCIL TO AMEND THE GRAND
TERRACE MUNICIPAL CODE BY REPLACING CHAPTER 5.12 GOVERNING
CABLE TELEVISION FRANCHISES.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jackie Mitchell, Council Member
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
7. Adoption of Resolutions Updating Bank and Investment Account Signature Authority
Finance Director Fortune presented this item.
ADOPT RESOLUTION NO. 2016-08 UPDATING THE BANK AND INVESTMENT
ACCOUNT SIGNATURE AUTHORITY WITH THE ARROWHEAD CREDIT UNION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Jackie Mitchell, Council Member
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
8. Amendment of On-Call Traffic Engineer Services Contract with Transportation,
Engineering, Planning, Inc. (TEP)
Community Development Director Molina presented this item.
Mayor McNaboe asked if this item would be coming back to the Council for a fifth
amendment.
Community Development Director Molina answered not this fiscal year.
1. INCREASE THE TEP PURCHASE ORDER BY $7,000.00 FOR INCREASED
TRAFFIC ENGINEERING CONSULTING SERVICES; AND
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT NO. 2016-13.
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Minutes Grand Terrace City Council April 12, 2016
City of Grand Terrace Page 10
RESULT: APPROVED [4 TO 1]
MOVER: Sylvia Robles, Mayor Pro Tem
SECONDER: Jackie Mitchell, Council Member
AYES: Darcy McNaboe, Sylvia Robles, Jackie Mitchell, Bill Hussey
NAYS: Doug Wilson
9. Selection of Delegate to the Southern California Association of Governments (SCAG)
2016 Regional Conference and General Assembly
Mayor McNaboe nominated Council Member Bill Hussey.
1. APPOINT COUNCIL MEMBER HUSSEY AS A DELEGATE TO THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2016 REGIONAL
CONFERENCE AND GENERAL ASSEMBLY FOR MAY 5 AND MAY 6, 2016;
AND
2. INSTRUCT THE CITY CLERK TO PROVIDE A MINUTE EXCERPT TO
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) ON THIS
ACTION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Sylvia Robles, Mayor Pro Tem
AYES: McNaboe, Robles, Mitchell, Wilson, Hussey
H. CITY MANAGER COMMUNICATIONS
City Manager Duffey announced the following City events:
Sunday May 1, 2016 the 32nd Annual Art Show from 1:00 - 4:00 p.m. in the
Community Room here in City Hall.
Thursday, April 21, 2016 at 5:00 - 6:30 p.m. the Dog Park Community Meeting for
community input in the Community Room here in City Hall.
Saturday, May 14, 2016 from 8:00 a.m. - 12:00 p.m. Hazardous Household Waste
Collection here at City Hall.
ADJOURN
Mayor Pro Tem Robles requested two future agenda items:
1. Reported that she networked with members of the City of Colton and the Board of
Supervisors on moving forward with the Santa Ana River Trails and a Regional Park
concept. A landfill off of Rancho had closed and there were available funds. She
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Minutes Grand Terrace City Council April 12, 2016
City of Grand Terrace Page 11
wanted staff to look into strategically getting involved and active on the possibly
having that amenity for the community. She requested to have representatives come
and present to the Council this item so that the Council can proceed with this project.
2. She requested that some of the Community Benefits Fund money be used for the
City to establish a pilot math program to help improve the low math scores.
Mayor Pro Tem Robles stated that Omnitrans SBX lanes could be used for bike lanes
on the weekends when there are no buses in operation.
Mayor McNaboe adjourned the City Council meeting at 7:23 p.m.
The Next Regular City Council Meeting will be held on Tuesday, April 26, 2016 at 6:00
p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Pat Jacquez-Nares, City Clerk
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Approval of Check Register No. 03312016 in the Amount of
$436,825.49
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Approve Check Register No. 03312016 in the amount
$436,825.49, 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 March 31, 2016, 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. 03312016 lists all payments made
to vendors and employee reimbursements during the month of March.
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 $436,825.49 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
72554 CA PUB EMPLOYEES
RETIREMENT SYSTEM
MARCH PERS HEALTH
INSURANCE $11,116.46
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Check
No. Payee Description Amount
72567 SB COUNTY SHERIFF MARCH 2016 LAW
ENFORCEMENT SERVICES 140,352.00
72573 WILLDAN FINANCIAL FEB FINANCE DEPT. SERVICES 31,162.00
72579 CITY OF SAN
BERNARDINO
FEB 2016 ANIMAL CONTROL
SERVICES 12,461.00
72609 CA PUB EMPLOYEES
RETIREMENT SYSTEM
APRIL PERS HEALTH
INSURANCE 13,953.43
72629 CDG BUILDERS INC REFUNDABLE DEPOSIT –
CONSTRUCTION/DEMOLITION 15,812.00
72653 CITY OF SAN
BERNARDINO
MARCH 2016 ANIMAL CONTROL
SERVICES 12,461.00
72530 SB COUNTY SHERIFF LICENSE PLATE READER
SYSTEM 22,055.68
TOTAL CHECKS ISSUED OVER $10,000 $259,373.57
Payroll costs for the month ending March 31, 2016
Pay
Per.
Period
Ending Period Pay Date Amount
14 02/26/2016 Period 02/13/2015 – 02/26/2016 03/03/2016 $61,543.68
15 03/11/2016 Period 02/26/2016 – 03/11/2016 03/17/2016 $61,101.20
16 03/25/2016 Period 03/12/2016 – 03/25/2016 03/31/2016 $59,247.12
TOTAL PAYROLL FOR MARCH 2016 $181,892.00
FISCAL IMPACT:
All disbursements were made in accordance with the Approved Budget for Fiscal Year
2015-16 in the amount of $436,825.49.
ATTACHMENTS:
A - Check Register Account Index (PDF)
B - Check Register No. 03312016 (PDF)
APPROVALS:
Cynthia Fortune Completed 04/18/2016 4:12 PM
Finance Completed 04/18/2016 4:12 PM
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City Attorney Completed 04/18/2016 4:19 PM
City Manager Completed 04/20/2016 3:41 PM
City Council Pending 04/26/2016 6:00 PM
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Fund
No.Fund Name
Dept
No.Department Cost Center
Acct
No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 138 MEDICARE / SUI
11 STREET FUND 125 CITY CLERK 139 EMPLOYEES' BENEFIT PLAN
12 STORM DRAIN FUND 140 FINANCE 140 RETIREMENT
13 PARK FUND 160 CITY ATTORNEY 142 HEALTH/LIFE INSURANCE
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 143 WORKERS' COMPENSATION
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE
16 GAS TAX FUND 180 COMMUNITY EVENTS 218 NON-CAPITAL FURN/SMALL TOOLS
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 230 ADVERTISING
19 FACILITIES DEVELOPMENT FUND 190 GENERAL GOVERNMENT (NON-DEPT)235 COMMUNICATIONS
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 238 UTILITIES
21 WASTE WATER DISPOSAL FUND 300 DEBT SERVICE 240 RENTS & LEASES
22 COMMUNITY DEV. BLOCK GRANT 370 COMMUNITY DEV (PLANNING)245 MAINT BLDG GRNDS EQUIPMNT
25 SPRING MOUNTAIN RANCH FUND 380 MGT INFORMATION SYSTEMS 250 PROFESSIONAL SERVICES
26 LSCPG/ LGHTG ASSESSMENT DIST.410 LAW ENFORCEMENT 255 CONTRACTUAL SERVICES
31 S/A RDA OBLIGATION FUND 411 ASSET FORFEITURES 260 INSURANCE & SURETY BONDS
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 265 MEMBERSHIPS & DUES
33 S/A DEBT SERVICE FUND 440 CHILD CARE 268 TRAINING
36 S/A 2011 TABS BOND PROCEEDS 450 PARKS MAINTENANCE 270 TRAVEL/CONFERENCES/MTGS
37 S/A CRA PROJECTS TRUST 510 STREET & SIGNAL LIGHTING 272 FUEL & VEHICLE MAINTENANCE
46 CIP - STREET IMPROVEMENT PROJECTS 600 WEST SIDE PARK 570 WASTEWATER TREATMENT
47 CIP - BARTON RD. BRIDGE PROJECT 601 TRACT 14471 PICO & ORIOLE 300 DEBT SERVICE
48 CIP - CAPITAL PROJECTS FUND 602 FORREST CITY PHASE II 700 COMPUTER-RELATED
52 HOUSING AUTHORITY 625 NPDES 701 VEHICLES & EQUIPMENT
61 COMMUNITY BENEFITS FUND 631 STORM DRAIN MAINTENANCE
70 FIXED ASSED/EQUIP REPL FUND 801 PLANNING COMMISSION
802 CRIME PREVENTION UNIT
804 HISTORICAL & CULTURAL COMM.
805 SENIOR CITIZENS PROGRAM
807 PARKS & REC COMMITTEE
808 EMERGENCY OPERATIONS PROG.
999 TRANSFERS
City of Grand Terrace Check Register Index
3.a
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Invoice #Vendor Invoice Description Inv. Date Total
72552 03/02/2016 ARROWHEAD CREDIT UNION JAN/FEB 2016 VISA JAN/FEB 2016 VISA CHARGES 02/09/2016
Check #Date
E 09-440-210-000-000 WIFI HARDWARE 84.50
E 09-440-220-000-000 CHILD CARE FOOD SUPP 71.74
E 09-440-228-000-000 CHILD CARE GLOVES 256.71
E 09-441-220-000-000 CHILD CARE FOOD SUPP 673.20
E 10-110-270-000-000 COUNCIL MEETING SUPP 62.31
E 10-110-700-000-000 COUNCIL CHAMBER WIFI 99.12
E 10-120-210-000-000 LABOR LAW POSTERS 273.64
E 10-120-220-000-000 JOB ADVERTISING 660.37
E 10-120-220-201-000 CHILD CARE EQUIPMENT 926.41
E 10-120-220-202-000 LIGHT UP GT TOWER RENT 218.16
E 10-120-250-000-000 SURVEY SERVICE 26.00
E 10-120-270-000-000 CITY MGR TRAVEL EXP 542.83
E 10-140-210-000-000 OFFICE SUPPLIES 1,653.70
E 10-140-265-000-000 2016 MEMBERSHIP DUES 310.00
E 10-140-270-000-000 FIN. TRAVEL EXP/CONFERENCE 360.00
E 10-172-210-000-000 PLAN PRINTS 24.96
E 10-175-218-000-000 MAINT. SMALL TOOLS 87.90
E 10-195-245-000-000 KEY DUPLICATIONS 35.00
E 10-380-210-000-000 COUNCIL CHAMBER WIFI 19.81
E 10-805-245-000-000 SR. CENTER PRINTER 125.47
6,511.83
6,511.83
72553 03/02/2016 AT AND T FEB-MAR 2016 AT&T FEB-MAR 2016 AT&T CHILD CARE SERVICES 02/14/2016
E 09-440-235-000-000 161.01
161.01
161.01
Check Register
CITY OF GRAND TERRACEAs of 3/31/2016
Amount
Paid
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72554 03/02/2016 CA PUB EMPLOYEES RETIRE SYSTEM1964 MARCH PERS HEALTH INSURANCE 02/16/2016
E 09-440-142-000-000 1,918.66
B 10-022-61-00 3,978.66
E 10-120-142-000-000 1,286.96
E 10-125-142-000-000 366.33
E 10-175-142-000-000 1,143.12
E 10-370-142-000-000 366.33
E 10-380-142-000-000 203.02
E 10-450-142-000-000 626.73
E 16-175-142-000-000 345.73
E 32-200-142-000-000 880.92
11,116.46
11,116.46
72555 03/02/2016 CALIFORNIA OFFICE FURNITURE D81952 OFFICE CHAIRS FOR CDD 02/26/2016
E 10-370-210-000-000 1,524.96
1,524.96
1,524.96
72556 03/02/2016 CINTAS CORPORATION 150 150629982 CHILD CARE PAPER SUPPLIES & OPERATIONAL ITEMS02/24/2016
E 09-440-220-000-000 323.60
323.60
323.60
72557 03/02/2016 DENTAL HEALTH SERVICES 16030819 JAN,FEB & MAR 2016 EMPLOYEE/DEP DENTAL INSURANCE H71P02/19/2016
B 10-022-61-00 1,392.12
1,392.12
16030818 JAN,FEB & MAR 2016 EMPLOYEE/DEP DENTAL INSURANCE02/19/2016
B 10-022-61-00 523.80
523.80
1,915.92
72558 03/02/2016 INTERWEST CONSULTING GROUP 25730 JAN 2016 INTERSTATE 215/BARTON ROAD INTERCHANGE IMPROVEMENT02/17/2016
E 16-175-255-300-000 3,337.50
3,337.50
25841 JAN 2016 16 PAVEMENT MANAGEMENT SERVICES 02/19/2016
E 16-175-255-200-000 3,290.00
3,290.00
6,627.50
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72559 03/02/2016 MICHEAL BAKER INTERNATIONAL 934645 JAN 2016 PLANNING COMMISSION MINUTES TRANSCRIPTION SRVS02/25/2016
E 10-370-250-000-000 812.50
812.50
812.50
72560 03/02/2016 JACQUELINE MITCHELL FEB 2016 JM FEB HEALTH INSURANCE REIM- MITCHELL 02/13/2016
E 10-110-142-000-000 225.00
225.00
225.00
72561 03/02/2016 MOORE IACOFANO GOLTSMAN INC 0042661 NOV & DEC 2015-16 PARK ASSESSMENTS AND ESTIMATES FOR NEW PARKS12/31/2015
E 13-445-250-020-000 5,485.75
5,485.75
5,485.75
72562 03/02/2016 OFFICE DEPOT 821722308001 OFFICE SUPPLIES 02/02/2016
E 10-120-210-000-000 161.22
161.22
824586627001 OFFICE SUPPLIES 02/17/2016
E 10-172-210-000-000 58.98
58.98
220.20
72563 03/02/2016 PROGREEN BUILDING MAINTENANCE 15079 MAR 2016 BUILDING MAINTENANCE 03/01/2016
E 09-440-244-000-000 1,020.00
1,020.00
1,020.00
72564 03/02/2016 RIVERSIDE HIGHLAND WATER CO DEC/JAN 2016 RHWC 2 DEC/JAN 2015-16 WATER USAGE 01/29/2016
E 10-805-238-000-000 475.62
475.62
475.62
72565 03/02/2016 SYLVIA ROBLES FEB 2016 SR FEB HEALTH INSURANCE REIM-ROBLES 02/29/2016
E 10-110-142-000-000 485.41
485.41
485.41
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Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72566 03/02/2016 SANTA FE BUILDING MAINTENANCE 14663 FEB 2016 JANITORIAL SERVICES 02/29/2016
E 10-195-245-000-000 593.33
E 10-450-245-000-000 450.00
1,043.33
1,043.33
72567 03/02/2016 SB COUNTY SHERIFF 15377 MARCH 2016 LAW ENFORCEMENT SRVCS 02/17/2016
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
140,352.00
140,352.00
72568 03/02/2016 SEECLICKFIX INC 2015-429 FY 15-16 & 16-17 ELECTRONIC WORK ORDER REQUEST SRVS10/06/2015
B 10-017-00-00 4,872.00
E 10-175-235-000-000 4,872.00
9,744.00
9,744.00
72569 03/02/2016 STREET DECOR INC 23822 CHRISTMAS DECORATION INSTALLATION BRACKET11/18/2015
E 10-195-246-000-000 1,561.84
1,561.84
1,561.84
72570 03/02/2016 TODD PETERS ELECTRIC 0128016-02 ELECTRICAL REPAIRS-BARTON 01/28/2016
E 10-195-246-000-000 1,177.00
1,177.00
0128016-01 ELECTRICAL REPAIRS-PALM/BARTON 01/28/2016
E 10-195-246-000-000 800.00
800.00
1,977.00
72571 03/02/2016 TRAFFIC MANAGEMENT INC 275961 FY 2015-16 SAFETY SIGNS 02/11/2016
E 17-900-255-000-000 964.76
964.76
964.76
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Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72572 03/02/2016 WHEELER PAVING INC 6069 FY 2015-16 STORM DRAIN REPAIRS 02/25/2016
E 10-631-255-000-000 5,862.00
5,862.00
5,862.00
72573 03/02/2016 WILLDAN FINANCIAL SERVICES 010-30351 FEB FINANCE DEPT. SERVICES 02/29/2016
E 10-140-250-000-000 31,162.00
31,162.00
31,162.00
72574 03/02/2016 XEROX CORPORATION 083635779 FEB 2015-16 XEROX CHARGES 03/01/2016
E 10-190-212-000-000 612.05
E 10-190-700-000-000 287.54
899.59
899.59
72575 03/09/2016 ACCENT GRAPHICS AND DESIGN 16-0676 BUSINESS CARDS FOR G. HUSSEY & PAT J. NARES02/29/2016
E 10-110-210-000-000 32.40
E 10-125-210-000-000 32.40
64.80
64.80
72576 03/09/2016 ARROWHEAD UNITED WAY PR END 02262016 UW CONTRIBUTIONS FOR PR ENDING 02/26/2016 02/26/2016
B 10-022-65-00 5.00
5.00
5.00
72577 03/09/2016 AT AND T MARCH 2016 AT&T MARCH 2016 AT&T 03/01/2016
E 09-440-235-000-000 560.34
E 10-190-235-000-000 444.86
E 10-450-235-000-000 94.42
E 10-805-235-000-000 247.60
E 10-808-235-000-000 151.80
1,499.02
1,499.02
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Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72578 03/09/2016 CALPERS 457 PLAN PR END 02262016 457 457 DEFERRED COMP CONTRIBUTIONS PR END 02/26/201602/26/2016
B 10-022-63-00 1,054.93
B 10-022-64-00 9.02
1,063.95
1,063.95
72579 03/09/2016 CITY OF SAN BERNARDINO 2016-10000016 FEB 2016 ANIMAL CONTROL SERVICES 02/29/2016
E 10-187-256-000-000 12,461.00
12,461.00
12,461.00
72580 03/09/2016 EYEMED FIDELITY SECURITY LIFE 9473986 MARCH EMPLOYEE PAID VISION INS 03/01/2016
B 10-022-61-00 105.87
105.87
105.87
72581 03/09/2016 EZ SUNNYDAY LANDSCAPE 9884 FEB MONTHLY MAINTENANCE 02/19/2016
E 09-440-245-000-000 100.00
100.00
100.00
72582 03/09/2016 FAMILY SERVICES ASSOCIATION FSA 1ST Q CDBG SENIOR NUTRITION PROGRAM 07/01/2015
E 22-425-305-000-000 1,963.92
1,963.92
FSA 2ND Q CDBG SENIOR NUTRITION PROGRAM 10/01/2015
E 22-425-305-000-000 1,666.47
1,666.47
3,630.39
72583 03/09/2016 FIREMASTER 0000312978 MAINTENANCE OF SR CNTR KITCHEN HOOD 02/26/2016
E 10-805-246-000-000 285.00
285.00
285.00
72584 03/09/2016 FOX OCCUPATIONAL MEDICAL CTR 68679-67865 PRE-EMPLOYMENT PHYSICAL FOR CHILD CARE 03/02/2016
E 10-120-220-000-000 55.00
55.00
55.00
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Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72585 03/09/2016 FRUIT GROWERS SUPPLY 91742699 LANDSCAPE MAINTENANCE SUPPLIES 03/02/2016
E 10-195-245-000-000 17.11
E 10-450-245-000-000 56.78
73.89
73.89
72586 03/09/2016 GOPHER PATROL 168484 GOPHER REMOVAL SVCS - PICO PRK 03/04/2016
E 10-450-245-000-000 245.00
245.00
168983 GOPHER REMOVAL SVCS - PICO PRK, ROLLINS PRK, CITY HALL03/04/2016
E 10-450-245-000-000 85.00
85.00
330.00
72587 03/09/2016 GT COMMUNITY BASKETBALL 1070467.15 C0MM BENEFITS REIM - FOR GONZALES CENTER COURT RENTAL03/07/2016
E 61-461-100-000-000 1,136.00
1,136.00
1,136.00
72588 03/09/2016 HIGH TECH SECURITY SYSTEMS 115002 C.CARE SECURITY ALARM & FIRE MONITORING SVCS 04/01-04/30/201603/01/2016
E 09-440-247-000-000 90.00
90.00
90.00
72589 03/09/2016 HOME DEPOT CREDIT SERVICE 6035322500233683 FEB FEB 2016 MAINT SUPPLIES 02/28/2016
E 10-195-245-000-000 423.64
423.64
423.64
72590 03/09/2016 HONEYWELL ACS SERVICE 5235634350 HVAC MAINTENANCE SVCS - ANNUAL 03/25/2016
E 10-195-257-000-000 6,275.53
6,275.53
6,275.53
72591 03/09/2016 HYDRO SCAPE PRODUCTS INC 9509155-00 CITY HALL IRRGATION SUPPLIES 02/17/2016
E 10-195-245-000-000 91.17
91.17
91.17
3.b
Packet Pg. 26
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72592 03/09/2016 JONES AND MAYER 76561 CITY ATTORNEY LEGAL SERVICES 02/29/2016
E 10-160-250-000-000 5,167.00
5,167.00
76562 CITY ATTORNEY LEGAL SERVICES 02/29/2016
E 32-200-251-000-000 2,867.50
2,867.50
75791 CITY ATTORNEY LEGAL SERVICES 02/22/2016
E 21-572-251-000-000 370.00
370.00
8,404.50
72593 03/09/2016 KELLAR SWEEPING INC 10910 FEB 2016 STREET SWEEPING SRVS.02/29/2016
E 16-900-254-000-000 4,300.00
4,300.00
4,300.00
72594 03/09/2016 MIDAMERICA ADMIN AND RETIRE PR END 02262016 ARS PR END 02/26/16 RETIREMENT CONTRIBUTIONS 02/26/2016
B 10-022-68-00 348.39
348.39
348.39
72595 03/09/2016 MUNISERVICES LLC 0000040894 FEB 2016 BUSINESS LICENSE SRVCS 02/29/2016
E 10-140-250-000-000 2,116.90
2,116.90
2,116.90
3.b
Packet Pg. 27
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
827253075002
72596 03/09/2016 OFFICE DEPOT 826831076001 OFFICE SUPPLIES 02/27/2016
E 10-125-210-000-000 218.05
218.05
826831346001 OFFICE SUPPLIES 02/29/2016
E 10-125-210-000-000 109.03
109.03
827253075001 OFFICE SUPPLIES 03/02/2016
E 10-120-210-000-000 57.45
57.45
OFFICE SUPPLIES 03/03/2016
E 10-110-120-000-000 38.86
38.86
827253268001 OFFICE SUPPLIES 03/02/2016
E 10-110-120-000-000 24.39
24.39
447.78
72597 03/09/2016 ON TRAC 8387281 FEB 2016 PLAN CHECK DELIVERY SERVICES 02/27/2016
E 10-172-210-000-000 55.61
55.61
55.61
72598 03/09/2016 PUBLIC EMPLOYEES RETIREMENT PR END 02262016 PERS RETIREMENT CONTRIBUTIONS FOR PR ENDING 02/26/201602/26/2016
B 10-022-62-00 7,769.96
7,769.96
7,769.96
72599 03/09/2016 SO CA EDISON COMPANY FEB 2016 EDISON FEB 2016 ENERGY USAGE 02/27/2016
E 09-440-238-000-000 818.97
E 10-172-238-000-000 45.03
E 10-175-238-000-000 45.03
E 10-190-238-000-000 3,555.24
E 10-450-238-000-000 1,024.37
E 16-510-238-000-000 573.23
6,061.87
6,061.87
3.b
Packet Pg. 28
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72600 03/09/2016 SO CA GAS COMPANY FEB 2016 GAS FEB 2016 CNG FUEL 03/04/2016
E 09-440-272-000-000 2.60
E 10-175-272-000-000 7.80
E 10-185-272-000-000 2.60
13.00
13.00
72601 03/09/2016 SPARKLETTS 9637116030116 FEB 2016 BOTTLED WATER 03/01/2016
E 09-440-238-000-000 155.49
E 10-190-238-000-000 103.94
E 10-805-238-000-000 138.71
398.14
398.14
72602 03/09/2016 STREET DECOR INC 23890 DEC 2015 CITY CHRISTMAS DECORATIONS 11/25/2015
E 10-120-220-202-000 1,230.27
1,230.27
1,230.27
72603 03/09/2016 SYSCO RIVERSIDE INC 603010636 FY 2015-16 C.CARE FOOD SUPPLIES 03/01/2016
E 09-440-220-000-000 478.02
E 09-441-220-000-000 1,494.47
1,972.49
603010635 FY 2015-16 C.CARE FOOD SUPPLIES 03/01/2016
E 09-440-220-000-000 141.64
E 09-441-220-000-000 119.20
260.84
2,233.33
72604 03/09/2016 THE REC CENTER THE REC 1ST & 2ND Q.CDBG REIM - PROVISION OF RECREATON, EDUCATION AND CREATIVE ARTS07/01/2015
E 22-425-311-000-000 6,300.00
6,300.00
6,300.00
72605 03/09/2016 TIME WARNER CABLE 8448...3825 FEB/MAR MARCH 2016 CITY HALL CABLE SRVS 03/07/2016
E 10-805-238-000-000 146.52
146.52
146.52
3.b
Packet Pg. 29
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72606 03/09/2016 UNDERGROUND SERVICE ALERT 220160294 FEB 2016 UNDERGROUND DIGGING NOTIFICATIONS SRVS03/01/2016
E 16-900-220-000-000 46.50
46.50
46.50
72607 03/09/2016 VERIZON WIRELESS 9761148254 FEB 2016 EOC VERIZON CELL TOWER 02/25/2016
E 10-808-235-000-000 20.04
20.04
20.04
72608 03/09/2016 WESTERN EXTERMINATORS CO 3919640 PEST CNTL SRVS: CITY HALL, BLDG & SAFETY, C.CARE, SR CNTR02/29/2016
E 09-440-245-000-000 85.00
E 10-195-245-000-000 106.50
E 10-805-245-000-000 41.50
233.00
233.00
72609 03/16/2016 CA PUB EMPLOYEES RETIRE SYSTEM1983 APR 2016 PERS HEALTH INSURANCE 03/14/2016
E 09-440-142-000-000 1,919.37
B 10-022-61-00 5,835.77
E 10-120-142-000-000 2,264.67
E 10-125-142-000-000 366.46
E 10-175-142-000-000 1,143.54
E 10-370-142-000-000 366.46
E 10-380-142-000-000 203.09
E 10-450-142-000-000 626.96
E 16-175-142-000-000 345.86
E 32-200-142-000-000 881.25
13,953.43
13,953.43
72610 03/16/2016 CHEVRON TEXACO CARD SERVICES 46867406 FEB2016 VEHICLE FUEL 03/06/2016
E 10-175-272-000-000 309.22
E 10-185-272-000-000 16.79
326.01
326.01
3.b
Packet Pg. 30
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72611 03/16/2016 CINTAS CORPORATION 150 150637574 PAPER SUPPLIES 03/09/2016
E 09-440-220-000-000 323.60
323.60
323.60
72612 03/16/2016 CITY OF LOMA LINDA 2542 APRIL2016 INFO SYSTEMS SUPPORT 03/09/2016
E 10-380-250-000-000 2,564.64
2,564.64
2,564.64
72613 03/16/2016 COLTON PUBLIC UTILITIES NOV-JAN15-16 SEWER NOV-JAN 2015-16 SEWER BILLING 01/29/2016
E 09-440-238-000-000 90.06
E 10-190-238-000-000 279.18
369.24
369.24
72614 03/16/2016 DATA QUICK B1-2506364 DATA QUICK UPDATES TO PRGM 03/02/2016
E 10-172-250-000-000 43.50
E 10-370-250-000-000 87.00
130.50
130.50
72615 03/16/2016 DFM ASSOCIATES 40590 2016 PURCHASE OF ELECTION CODE BOOK 03/09/2016
E 10-125-210-000-000 68.26
68.26
68.26
3.b
Packet Pg. 31
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72616 03/16/2016 OFFICE DEPOT 825664059001 OFFICE SUPPLIES 02/23/2016
E 10-120-210-000-000 164.96
164.96
828717067001 A OFFICE SUPPLIES 03/09/2016
E 10-140-210-000-000 112.38
112.38
828873034001 OFFICE SUPPLIES 03/10/2016
E 10-172-210-000-000 62.21
62.21
828717067001 B OFFICE SUPPLIES 03/09/2016
E 10-190-220-000-000 41.47
41.47
381.02
72617 03/16/2016 ON TRAC 8391296 MAR2016 ON-CALL COURIER SVCS 03/05/2016
E 10-172-210-000-000 5.35
5.35
5.35
72618 03/16/2016 PETTY CASH 03162016 CCPC REPLENISH C CARE PETTY CASH 03/16/2016
E 09-440-220-000-000 93.87
E 09-440-221-000-000 54.20
E 09-440-223-000-000 17.44
E 09-440-228-000-000 60.46
E 09-440-272-000-000 40.00
E 09-441-220-000-000 47.55
313.52
313.52
72619 03/16/2016 PROTECTION ONE 31891344 MAR-JUN FY 2015-2016 4TH QTR ALARM MONITORING SERVICE03/06/2016
E 10-195-247-000-000 174.74
174.74
174.74
72620 03/16/2016 PUBLIC EMPLOYEES RETIREMENT 100000014668173 RATE PLAN 27159 DELINQUENT CONTRIBUTIONS 01/02/2016
B 10-022-62-00 2,324.54
2,324.54
2,324.54
3.b
Packet Pg. 32
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72621 03/16/2016 SHELL FLEET MANAGEMENT 800209687603 FEB2016 VEHICLE FUEL 03/16/2016
E 10-175-272-000-000 260.73
260.73
260.73
72622 03/16/2016 SO CA EDISON COMPANY FEB 2016 EDISON 3 FEBRUARY 2016 ENERGY USAGE 03/14/2016
E 16-510-238-000-000 5,411.30
E 26-600-238-000-000 49.80
E 26-601-238-000-000 41.50
E 26-602-238-000-000 58.10
5,560.70
5,560.70
72623 03/16/2016 TIME WARNER CABLE 8448..4289 MAR-APR FEB-MAR AND MAR-APR 2016 C CARE INTERNET SERVICES03/16/2016
E 09-440-238-000-000 199.98
199.98
8448... 03/16-04/16 MAR-APR CITY HALL CABLE SVCS 03/15/2016
E 10-190-238-000-000 64.21
64.21
264.19
72624 03/16/2016 COUNTY OF RIVERSIDE TLMA ADMINSTRATIONTL0000012193 FEB2016 TRAFFIC SIGNAL MAINT 03/08/2016
E 16-510-255-000-000 72.59
72.59
72.59
72625 03/16/2016 TRAFFIC MANAGEMENT INC 280538 SAFETY SIGN SUPPLIES 03/09/2016
E 17-900-255-000-000 274.27
274.27
274.27
3.b
Packet Pg. 33
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72626 03/23/2016 ARROWHEAD CREDIT UNION MAR 2016 FEB/MAR 2016 VISA CHARGES 03/11/2016
E 09-440-220-000-000 CHILD CARE FOOD SUPP 93.78
E 09-440-221-000-000 TINY TOT STORAGE 174.00
E 09-440-228-000-000 CHILD CARE SUPP 64.40
E 09-440-272-000-000 BUS MAINT. SUPP 18.34
E 09-441-220-000-000 CHILD CARE FOOD SUPP 513.75
B 10-021-99-00 OTHER ADVERTISING &604.40
E 10-110-270-000-000 COUNCIL MEETING SUPP 16.96
E 10-120-210-000-000 FRAMING & OFFICE SUPPLIES 936.68
E 10-120-270-000-000 EXECUTIVE TEAM MEETING SUPP 62.46
E 10-125-210-000-000 COUNCIIL MEETING SUPP 19.97
E 10-125-265-000-000 MEMBERSHIP DUES 739.00
E 10-125-270-000-000 CITY CLERK CONFERENCE 395.00
E 10-140-210-000-000 OFFICE SUPPLIES 94.62
E 10-140-270-000-000 FINANCE TRAVEL/CONFERENCE 85.00
E 10-185-210-000-000 CODE ENFOR. GUIDE 72.35
E 10-195-246-000-000 GATE REPAIRS 80.00
E 10-450-245-000-000 PARK SIGNS 161.19
B 23-200-14-00 ADVERTISEMENT 35.00
4,166.90
4,166.90
72627 03/23/2016 ARROWHEAD UNITED WAY PR END 03112016 UW 03112016 UNITED WAY CONTRIBUTIONS 03/23/2016
B 10-022-65-00 5.00
5.00
5.00
72628 03/23/2016 CALPERS 457 PLAN PR END 03112016 457 03112016 457 PLAN CONTRIBUTION PYMTS 03/23/2016
B 10-022-63-00 1,058.81
B 10-022-64-00 9.02
1,067.83
1,067.83
72629 03/23/2016 CDG BUILDERS, INC.06222015 RELEASE REFUNDABLE DEPOSIT -CONSTRUCTION & DEMOLITION03/24/2016
B 23-500-21-00 15,812.00
15,812.00
15,812.00
3.b
Packet Pg. 34
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72630 03/23/2016 CITY OF LOMA LINDA 2523 MAR2016 INFO SYSTEMS SUPPORT 02/11/2016
E 10-380-250-000-000 2,567.64
2,567.64
2,567.64
72631 03/23/2016 DATA TICKET INC 69141 TS CITATION PROCESSING MTRLS, SUPPLIES 03/16/2016
E 10-185-210-000-000 3,128.89
3,128.89
67770 TS CITATION MTRLS, SUPPLIES & PROCESSING 01/15/2016
E 10-185-219-000-000 1,042.14
E 10-185-255-000-000 1,050.00
E 10-185-268-000-000 800.00
2,892.14
67770 DEC2015 CITATION PROCESSING SVCS 01/15/2016
E 10-140-255-000-000 1,108.51
1,108.51
68465 JAN2016 PRKG CITATION PROCESSING 02/16/2016
E 10-140-255-000-000 813.50
813.50
69141 FEB2016 PRKG CITATION PROCESSING 03/16/2016
E 10-140-255-000-000 560.37
560.37
8,503.41
72632 03/23/2016 EZ SUNNYDAY LANDSCAPE 10055 MAR2016 PARK MAINTENANCE 03/19/2016
E 10-195-255-000-000 200.00
E 10-450-255-000-000 3,300.00
E 26-600-255-000-000 160.00
E 26-601-255-000-000 80.00
3,740.00
10056 BARTON RD REMOVAL OF DEBRIS & TRASH 03/19/2016
E 10-450-255-000-000 500.00
500.00
4,240.00
3.b
Packet Pg. 35
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72633 03/23/2016 FRUIT GROWERS SUPPLY 91744754 LANDSCAPE MAINTENANCE SUPPLIES 03/09/2016
E 10-450-245-000-000 4.50
4.50
4.50
72634 03/23/2016 INTERWEST CONSULTING GROUP 26097 FEB2016 I-215 INTERCHANGE MGMT SRVS 03/11/2016
E 16-175-255-300-000 3,337.50
3,337.50
3,337.50
72635 03/23/2016 LINCOLN NATIONAL LIFE INSURANC LCLN APR 2016 APR LIFE/AD&D/DEP LIFE/WI/LTD 04/01/2016
B 10-022-66-00 993.21
993.21
993.21
72636 03/23/2016 MICHEAL BAKER INTERNATIONAL 936376 DEC2015 PLNG COMM MINUTES TRANSCRIPTION SRVS03/23/2016
E 10-370-250-000-000 276.25
276.25
276.25
72637 03/23/2016 MIDAMERICA ADMIN AND RETIRE PR END 03112016 ARS 03112016 RETIREMENT CONTRIBUTIONS ARS 03/23/2016
B 10-022-68-00 381.10
381.10
381.10
72638 03/23/2016 JACQUELINE MITCHELL MAR 2016 JM MAR2016 HEALTH REIMBURSEMENT-MITCHELL 03/23/2016
E 10-110-142-000-000 225.00
225.00
225.00
3.b
Packet Pg. 36
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Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72639 03/23/2016 OFFICE DEPOT 830655972001 A OFFICE SUPPLIES AND COPY PAPER 03/16/2016
E 10-140-210-000-000 455.94
455.94
830159548001 OFFICE SUPPLIES 03/17/2016
E 10-110-210-000-000 28.89
E 10-125-210-000-000 152.77
181.66
828394820001 OFFICE SUPPLIES 03/15/2016
E 10-125-210-000-000 68.01
68.01
830655972001 B KITCHEN SUPPLIES 03/16/2016
E 10-190-220-000-000 53.53
53.53
830704398001 OFFICE SUPPLIES 03/16/2016
E 10-125-210-000-000 44.94
44.94
804.08
72640 03/23/2016 PROTECTION ONE 3020955 MAR-JUN2016 4TH QTR ALARM MONITORING SVCS 03/13/2016
E 10-195-247-000-000 140.70
140.70
2588440 MAR-JUN2016 4TH QTR MONITORING SVCS 03/13/2016
E 10-195-247-000-000 120.39
120.39
261.09
72641 03/23/2016 PUBLIC EMPLOYEES RETIREMENT PR END 03112016 PERS PR END 03112016 RETIREMENT CONTRIBUTIONS 03/23/2016
B 10-022-62-00 7,741.22
7,741.22
7,741.22
72642 03/23/2016 ROADRUNNER SELF STORAGE INC 19892 MAR2016 STORAGE LEASE 03/17/2016
E 10-140-241-000-000 248.00
248.00
248.00
3.b
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
083635778
72643 03/23/2016 SIEMENS INDUSTRY INC 5610013810 FEB2016 TRAFFIC SIG MAINT 03/15/2016
E 16-510-255-000-000 702.00
702.00
702.00
72644 03/23/2016 SO CA GAS COMPANY FEB 2016 GAS FEBRUARY 2016 CNG FUEL & NATURAL GAS USAGE03/05/2016
E 09-440-238-000-000 82.51
E 10-190-238-000-000 36.57
E 10-805-238-000-000 179.53
298.61
298.61
72645 03/23/2016 TIME WARNER CABLE 8448..3825 MAR-APR MAR-APR 2016 SENIOR CENTER CABLE SERVICES 03/23/2016
E 10-805-238-000-000 58.91
58.91
58.91
72646 03/23/2016 VERIZON WIRELESS 9761300694A PUBLIC WORKS & C. CARE CELL PHONES 03/01/2016
E 09-440-235-000-000 60.00
E 10-175-240-000-000 345.81
405.81
9761300694 FY 2015-2016 CELL CHARGES - CODE ENFORCEMENT03/23/2016
E 10-175-240-000-000 38.01
38.01
443.82
72647 03/23/2016 XEROX CORPORATION 082846969 DEC 2015-16 XEROX CHARGES 03/01/2016
E 10-190-212-000-000 150.67
E 10-190-700-000-000 239.25
389.92
FEB2016 PHOTOCOPIER LEASE 03/01/2016
E 10-190-212-000-000 46.82
E 10-190-700-000-000 305.98
352.80
082846968 DEC 2015-16 XEROX CHARGES 03/01/2016
E 10-190-210-000-000 24.77
E 10-190-700-000-000 305.97
330.74
1,073.46
3.b
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72648 03/30/2016 AMERICAN FIDELITY ASSURANCE CO B439979 APR EMP PAID ACCIDENT/SUPP LIFE 04/01/2016
B 23-250-20-00 448.90
448.90
448.90
72649 03/30/2016 AMERICAN FIDELITY ASSURANCE CO 1341693A MAR EMP PAID FLEX SPEND/DEP CARE 01/28/2016
B 23-250-10-00 495.00
495.00
495.00
72650 03/30/2016 AT AND T MAR-APR 2016 AT&T MAR-APR 2016 CHILD CARE PHONE AND INTERNET SERVICES03/14/2016
E 09-440-235-000-000 155.25
155.25
155.25
72651 03/30/2016 KEVIN HOWARD BEARDSLEY 062-16 FEB-MAR2016 VIDEOGRAPHER SVCS 03/23/2016
E 10-125-250-000-000 300.00
300.00
300.00
72652 03/30/2016 CINTAS CORPORATION 150 150645208 CHILD CARE SUPPLIES 03/23/2016
E 09-440-220-000-000 328.94
328.94
328.94
72653 03/30/2016 CITY OF SAN BERNARDINO 2016-10000018 MAR2016 ANIMAL CTRL SVCS 03/15/2016
E 10-187-256-000-000 12,461.00
12,461.00
12,461.00
72654 03/30/2016 HINDERLITER DE LLAMAS ASSOC 0025183-IN 1ST QTR 2016 SALES TAX MONITROING SVCS 03/14/2016
E 10-140-250-000-000 3,007.70
3,007.70
3,007.70
72655 03/30/2016 INSIDE PLANTS 58987 PLANTS FOR CITY HALL PLANTERS 02/10/2016
E 10-120-250-305-000 2,000.00
2,000.00
2,000.00
3.b
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72656 03/30/2016 LEVEL 3 COMMUNICATIONS 42871232 MAR PHONE AND INTERNET SERVICES 03/17/2016
E 10-190-235-000-000 1,349.98
1,349.98
1,349.98
72657 03/30/2016 OFFICE DEPOT 830884468001 OFFICE SUPPLIES 03/17/2016
E 10-172-210-000-000 92.43
92.43
830884438001 KEYBOARD & MOUSE 03/17/2016
E 10-185-210-000-000 61.61
61.61
830992298001 3- HOLE PUNCHER 03/24/2016
E 10-140-210-000-000 57.23
57.23
211.27
72658 03/30/2016 SB COUNTY SHERIFF 15406 LICENSE PLATE READER SYSTEM-LPRS 03/18/2016
E 17-900-701-000-000 22,055.68
22,055.68
22,055.68
72659 03/30/2016 SCHOLASTIC INC B3531776FR SCHOOL BOOKS 03/14/2016
B 23-200-14-00 542.03
542.03
542.03
72660 03/30/2016 TERMINIX 1388376TRMX DRYWOOD TERMITE TREATMENT PLN 03/30/2016
E 09-440-245-000-000 645.00
645.00
645.00
72661 03/30/2016 THE DISH FACTORY INC C123188 GT LITTLE LEAGUE SNACK BAR APPLIANCES 02/17/2016
E 10-450-245-000-000 4,651.43
4,651.43
4,651.43
3.b
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Invoice #Vendor Invoice Description Inv. Date TotalCheck #Date
Check Register
CITY OF GRAND TERRACE
As of 3/31/2016
Amount
Paid
72662 03/30/2016 TRANSPORTATION ENGINEERING 1481 TRAFFIC ENG SVCS 12/11/2015
3,644.60
1475 TRAFFIC ENG SVCS 12/14/2015
E 10-175-250-000-000 5,416.50
5,416.50
1475-B TRAFFIC ENG SVCS 12/14/2015
72663 03/30/2016 EMMANUEL YEPEZ 03272016 RRSHLTRB DEPOSIT REFUND- R.ROLLINS: SHELTER B 03/29/2016
436,825.49
R 10-450-01 50.00
50.00
50.00
E 10-175-250-010-000 195.00
Total Checks:112 checks in this report
195.00
9,256.10
E 10-175-250-000-000 3,644.60
3.b
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Zoning Code Amendment 15-01 Establishing a New Chapter
18.80 Signs
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1. Conduct a public hearing; and
2. Find that the adoption of the herein ordinance is
exempt from CEQA review pursuant to Section 15061 (b)(3)
(General Rule) of the CEQA Guidelines, in 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
2 Introduce AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GRAND TERRACE, CALIFORNIA,
APPROVING ZONING CODE AMENDMENT 15-01, TO
AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL
CODE BY REPEALING AND REPLACING CHAPTER
18.80 SIGNS IN ITS ENTIRETY AND AMENDING TITLE 5,
CHAPTER 5.40 GARAGE SALES BY REVISING SECTION
5.40.070 SIGNS
2030 VISION STATEMENT:
This item supports Goal #3, "Promote Economic Development", by updating the Sign
Code and aligning it with the City's 2030 Vision and Economic Development
Implementation Plan.
BACKGROUND:
On September 8, 2015, the City council conducted a public hearing on the proposed
Sign Code. During the meeting the Council members asked various questions,
requested clarification, and provided direction. The Council voted to continue the public
hearing.
At the request of Staff, the City Council continued the public hearing on October 13,
2015, so that the proposed Ordinance could be reviewed by the City Attorney’s office in
light of a recent court case (Reed v. Town of Gilbert). On November 10, 2015, the
Council discussed the use of electronic freeway signs, and agreed that their use would
be appropriate for those properties that qualify for freeway signs.
DISCUSSION:
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Reed v. Town of Gilbert
Community Development Staff worked closely with the City Attorney’s office to revise
the existing sign code to remove any content-based provisions that were ruled
unconstitutional by the U.S. Supreme Court in Reed v. Town of Gilbert. All other
changes requested by the City Council or otherwise suggested by staff were reviewed
by the City Attorney’s office to verify compliance with the Reed case and other
applicable legal standards. In Reed, the Court held that the Town of Gilbert Arizona’s
sign ordinance that applied different criteria for where, when, and how temporary signs
could be displayed depending on the message the sign contained (i.e., directional,
ideological, political signs) were content-based restrictions on speech that were not
justified by the city’s interest in aesthetics and traffic safety, and therefore violated the
Free Speech provision of the First Amendment.
One example of a content-based provision invalid under the Reed case is the City’s
proposed sign code provisions for temporary off-site real estate signs (i.e. open house
signs). The draft ordinance initially proposed to allow these signs; however this is a
content-based provision, because it creates regulates a category of signage based on
the content and purpose of the sign. The provisions could be revised to remove any
regard for the content, but then the City would allow temporary off-site signs in public
rights of way for all commercial and non-commercial speech, which the City Council
may not prefer as a matter of policy. This discussion is continued later in the report.
Sign Code Review
Before the City Council, and attached to this report, is the revised draft Sign Code
Ordinance. It is in redline format so that the City Council can easily identify the changes
that were made. A clean copy would be provided when the Council is ready to adopt
the ordinance.
Revisions based on Council direction
Human signs (Section 18.80.170(E) - the Council supported the use of human signs,
and staff revised the ordinance to allow human signs as a temporary sign on private
property.
Reference to First Amendment Law - Paragraph D, of Section 18.80.030 (Policies for
sign regulations) has been added. This section prohibits displaying of obscene matter
as defined by California Penal Code section 311. This is the section that was referenced
by City Attorney Adams during the September 8th meeting.
Displaying of personal or ideological beliefs - Members of the Council expressed
concern that graphic or offensive messages could be displayed, and asked if the sign
code could limit the time that signs displaying personal beliefs could be posted. The City
Attorney’s office recommends that such instances be handled on a case by case basis,
using Penal Code section 311, if applicable or other code provisions, rather than a
broad based limitation.
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Definitions (Section 18.80.040) - This section has been moved towards the beginning of
the Ordinance, as requested.
Sign permit review (Section 18.80.060) - This section has been revised to note that the
City Manager is the review authority, and the Planning Director is the designee. This
change has been made throughout. Additionally, reference to “community development
director” or “community development department” has been revised to reflect the City’s
re-organization.
Application review procedures (Section 18.80.070) - A copy of the sign application and
a sign permit submittal has been included for reference. A request was made to include
the sign application in the ordinance; however, inclusion is not recommended as any
change to the application would then require a zoning code amendment.
Application review procedures (Section 18.80.070) - As requested by Councilmember
Wilson, Section 18.80.070, subsections L, M and N were reviewed and revised
accordingly.
Appeals (Section 18.080.090) - This section was revised so that the City Council is the
final appeal body. Additional changes to this section were made to shorten the section,
by removing language that is a matter of law anyway.
Findings (Section 18.80.010) - This section was added to incorporate the recitals of the
ordinance, as requested by the Council.
Information on Sanctity of Live Network v. California Highway Patrol - A summary of this
case is provided, as requested by Mayor Pro Tem Robles. Mayor Pro Tem Robles had
also made reference to Commissioner’s Giroux concerns on the court cases cited to
support restrictions on electronic signs. This case notes the potential for signs that are
moving to impede traffic. In referencing this case and others, as we have in the
proposed ordinance, the law requires reasonable application of the case law and
statutes in the regulations. In this case, a number of cases were cited to support the
limitations on the use of electronic signs based on potential traffic safety concerns and
aesthetics.
General Provisions (Section 18.80.130) - As requested by the Council, graphic images
were incorporated into this section of the ordinance, and in the definitions section.
Design Standards (Section 18.80.140) - Subparagraph c was modified to allow flashing
signs that do not exceed one square foot. This revision would allow businesses to
display small signs.
Section 18.80.200 (Temporary Use and Special Event Signs) - This is a new section
that was added to allow organizations without a fixed location and that hold a one-time
event to have temporary signs to advertise their temporary use or special event. For
instance, if an organization wants to have a fundraising rummage sale, then one sign
could be posted on the site of the rummage sale to promote the temporary use. If the
activity is a larger community based event, such as a festival, then up to 6 temporary
signs would be allowed to be posted off-site.
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Use of Off-site Subdivision Sign Along the Freeway - The September 8, 2015, agenda
report contained an email from local developer, Darryl Moore, requesting that the City
Council allow the use of a temporary off-site residential subdivision sign along the
Freeway. The Council directed Staff to review this request and determine if such
provisions could be incorporated into the sign ordinance. Staff drafted provisions to
allow such temporary signs; however, it did not pass muster in its review under the
findings of Reed v. Town of Gilbert, as these signs would be content based.
Revisions based on Reed v. Town of Gilbert
Reed v. Town of Gilbert - Review of this case in relation to the proposed sign ordinance
resulted in the following additional changes:
Signs on public property (Section 18.80.050) - The September 8th ordinance
contained provisions to allow temporary off site real estate signs on public property. As
discussed above this section has been deleted. However, there are several other
opportunities for such signs to be posted on private property, either through through
message substitution and also new Section 18.80.160 Temporary On-Site Signs,
Residential.
Temporary On-site Residential Subdivision Signs - The current sign code has a
provision for temporary on-site residential subdivision signs. This provision was
proposed to be carried over to the updated sign code. However, it was determined to be
content based. Instead, Section 18.80.110.B (Exempt Signs with Limitations) was
expanded. The provisions for construction signs were revised to allow larger signs, and
the use of flags for non-residential construction.
Temporary Off-site Subdivision Directional Signs - The current sign code also
has a provision for temporary off-site residential subdivision signs. This is the program
that per City Council resolution, the Building Industry Association operates on behalf of
the City. This provision was proposed to be carried over to the updated sign code.
However, it was determined to be content based.
In order to craft language that would allow subdividers the opportunity to
advertise and/or direct customers to their developments, that language would have to
be broad enough so as not to be content based. Meaning, whereas, the current
provisions limit this program to subdivisions, the new provisions could not; however,
new language could be narrowly crafted. For the Council’s consideration, Staff created
Section 18.80.190 Off-Site Signs.
This new section would allow city businesses that are not located on the Barton
Road Corridor to place up to four (4) off site signs within the city limits. These signs
would be limited to 9 square feet, could be located on private or public property and
would not be allowed on collector or local streets which primarily serve residential
areas. A sign program would be required. Staff requests Council direction on this new
program.
Other Revisions
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Section 18.80.140.B.3 (Design Standards - Freeway Signs) - As discussed during the
November 10, 2015, Council meeting, this subsection was added to allow permitted
freeway signs to be electronic message signs. The current code allows freeway signs
within 250 feet of the Caltrans right of way. The provision for electronic signs is new. As
the City moves forward with economic development plans to along the freeway corridor,
it is reasonable to assume such businesses would want to have electronic message
signs. The Council was in agreement with these provisions during the November 10th
meeting and staff has included them within the draft ordinance.
Section 18.80.160 (Temporary On-Site Signs, Residential) - As staff worked with the
Attorney’s office on the sign code, it was not clear what the sign provisions for
residential uses were. Therefore, this new section was crafted, and it clearly identifies
the provisions for non-commercial and commercial speech. An example of a
commercial speech sign would be a garage sale sign.
Revisions to Chapter 5.40 Garage Sales
This section is proposed to be revised so that it is consistent with the provisions of the
Sign Code. Specifically, Section 18.80.160 (Temporary On-Site Signs, Residential),
which allows signs for garage sales, as discussed above.
Conclusion
The proposed sign code is a modern set of constitutional regulations compliant with sign
law. Staff believes that the proposed code strikes the balance between the City's desire
to promote aesthetically pleasing, vision-compliant signage and a business's desire to
effectively promote itself.
Therefore, introduction of the ordinance for adoption is recommended.
FISCAL IMPACT:
There is no fiscal impact to the General Fund as a result of the adoption of this
ordinance.
ATTACHMENTS:
Summary Memo re Sanctity of Human Life v. CHP (DOCX)
Draft Sign Code Ordinance 4.14.2016 (DOCX)
Sign Application.pdf (PDF)
Sample Sign Program (PDF)
APPROVALS:
Sandra Molina Completed 04/19/2016 12:57 PM
Finance Completed 04/20/2016 10:02 AM
City Attorney Completed 04/20/2016 5:13 PM
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Community Development Completed 04/20/2016 8:47 PM
City Manager Completed 04/21/2016 11:59 AM
City Council Pending 04/26/2016 6:00 PM
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From: Crystal Hodgson, Associate Attorney, Jones & Mayer
To: Sandra Molina, Community Development Director, City of Grand Terrace
Date: April 13, 2016
Re: Summary of Sanctity of Human Life Network v. California Highway Patrol (2003) 105
Cal. App. 4th 858
______________________________________________________________________________
Facts: Plaintiffs were a group of protestors holding anti-abortion signs during morning and
evening rush hour on freeway overpasses within the state on January 22, 1997 and 1998,
which is the anniversary date of Roe v. Wade. California Highway Patrol Officers (CHP)
arrived at the scenes and ordered the protestors to cease activities because traffic was
being congested as a result of motorists slowing down to view the signs.
Issue: The CHP claimed they had authority under Vehicle Codes §§ 21465 and 21467 to order
the Plaintiffs to stop displaying the signs, Plaintiffs countered that the CHP did not have
authority under those provisions, and additionally, that the order violated their First
Amendment right to free speech.
Law: The court held that the CHP did not have authority under Vehicle Codes §§ 21465 and
21467 to order Plaintiffs to stop displaying their signs on the overpasses, because those
statutes pertained to unofficial traffic control signs, mimicking official signs. However,
the court held that the CHP had authority under Vehicle Code § 2140, which allows the
CHP to “direct traffic … to expedite traffic … as conditions may require …,” and the
CHP’s activities at issue conformed to their statutory authority therein.
Analysis: The court held that the CHP’s action did not violate the Plaintiffs’ free speech rights,
because “[t]he government may place restrictions on free speech on streets to permit free
flow of traffic, which is the main purpose of a street, even if an incidental purpose of
providing a forum for free speech is served.” (Id. at 870.) The court asserted the legal
standard that would apply under free speech jurisprudence: “Time, place, and manner
restrictions on free speech must not be based on the content of the message, must be
narrowly tailored to serve a significant governmental interest, and must leave open ample
alternatives for communication.” (Id. with internal citations and quotation marks
omitted.)
Applying the legal standard to the case, the court explained the CHP’s actions were not
based on the content of the message, served the significant governmental interest of
allowing traffic to flow freely on the freeways, and left open ample alternatives for
plaintiffs to communicate their message in other forums. (Id.) Therefore, the CHP’s
actions did not violate the Plaintiffs’ free speech rights by ordering them to cease their
activities on the freeway overpasses during the rush hour periods.
Conclusion: The CHP had the authority to order the Plaintiffs to stop holding signs on the
overpasses during rush hour under Vehicle Code § 2140, and their actions did not violate
the Plaintiffs’ free speech rights
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April 14, 2016 Page 1 of 52
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT
15-01, TO AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL
CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN
ITS ENTIRETY AND AMENDING TITLE 5, CHAPTER 5.40 GARAGE
SALES BY REVISING SECTION 5.40.070 SIGNS
WHEREAS, the City of Grand Terrace, pursuant to its police power, has the
authority to take appropriate action to address concerns regarding traffic safety and
aesthetics, as they relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490
(1981)); and
WHEREAS, the City Council recognizes that signs constitute speech protected
by the First Amendment of the United States Constitution and by Art. 1, Sec. 2, of the
Constitution of the State of California and that its regulation of signs must be consistent
with these protections; and
WHEREAS, the City Council finds that an uncontrolled proliferation of signs
within the City is harmful to the public’s health, safety and welfare, in that such signs are
aesthetically displeasing and constitute a traffic hazard, as drivers will be distracted by
attempting to read an excessive number of signs that are placed in a haphazard
manner; and
WHEREAS, the City has a substantial interest in regulating signs in the manner
set forth in this Ordinance, and the regulations modified and adopted hereby further the
City’s substantial interests in traffic safety and aesthetics, in particular (National
Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir. 1988); Foti v. City of
Menlo Park, 146 F.3d 629 (9th Cir. 1998)); and
WHEREAS, the City Council recognizes that businesses have an interest in
having signage that effectively advertises goods or services, and that is visible to
potential customers; and
WHEREAS, the City Council finds that the citizens of Grand Terrace and
members of the public have an interest in identifying businesses, and the goods and
services they provide; and
WHEREAS, the City Council finds that the citizens of Grand Terrace and visitors
to the City have a substantial interest in visiting, living and working in an aesthetically
pleasing city; and
4.b
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WHEREAS, the City Council finds that the citizens of Grand Terrace and all
those who travel in and through the City have a substantial interest in traffic safety
within the City; and
WHEREAS, the City Council finds that the City can balance its interests in
aesthetics and traffic safety with the interests of businesses and consumers by limiting
off-premises commercial signs, and by limiting the time, place, and manner of
placement of commercial signs on commercial lots; and
WHEREAS, commercial speech can be regulated more stringently than
noncommercial speech; however, the City Council does recognize the need of
businesses in the City to reasonably advertise their goods and services visibly and
effectively; and
WHEREAS, this ordinance relating to the regulation of signs includes a
statement of purpose regarding the City’s substantial interest sought to be implemented
by the regulations (Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d
814, 819 n.2 (9th Cir. 1996), cert. denied, 522 U.S. 912 (1997); Central Hudson Gas &
Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980)); and
WHEREAS, the City intends, by adoption of these regulations, to eliminate any
exemptions and/or regulations of signs based on content, in order that its sign
regulations are content-neutral and entitled to the least restrictive constitutional analysis
(see, e.g., National Advertising Co. v. City of Orange, 861 F.2d 246 (1987) (content
based exemptions rendered the entire ordinance content based because the content of
the sign’s message determines whether or not a particular sign is prohibited or
permitted); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502
U.S. 105 (1991); Police Department of the City of Chicago v. Mosley, 408 U.S. 92
(1972)); and
WHEREAS, these regulations allow on-site commercial signage while limiting off-
site advertising signs, the City Council having found that onsite commercial speech is
more valuable than offsite commercial speech, as permitted in Outdoor Systems, Inc. v.
City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San
Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council finds that, because signs are speech protected by
the United States and the California Constitutions, detailed procedures are necessary to
ensure that permits are issued or denied based on objective criteria and expeditiously
with the due process of law; and
WHEREAS, a message substitution provision has been added to the City’s sign
regulations, allowing any sign regulated by the new provisions of this Ordinance to
display a noncommercial message, so that the City’s regulations satisfy the
constitutional mandate that it not restrict noncommercial signage to a greater degree
than commercial signage.(see Clear Channel Outdoor, Inc. v. City of Los Angeles, 340
F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir.
1993); and
4.b
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WHEREAS, the City Council finds that a proliferation of temporary signs in the
public right-of-way can be detrimental to the aesthetic quality of the streets and
sidewalks, can interfere with traffic safety, pedestrian access to public sidewalks and
streets, and can obstruct the entrance to businesses and residences; and
WHEREAS, the City Council specifically finds that temporary commercial signs
are signs that relate to businesses for which on-premises signage do not provide
adequate advertising of the goods or services sold because for many businesses is
such that effective advertising by way of permanent on-premises signage is impractical:
the business is of a transitory and temporary nature, the business' primary and most
effective way to notify people of the available goods or services is by directing passers-
by to the location of the goods or services, and the business does not have a fixed
place of business or the goods or services themselves cannot practically be viewed
and/or sold out of one business location or any business location; and
WHEREAS, the City Council finds that human advertisements (as defined in this
ordinance) within public rights of way, constitute a traffic hazard by their conduct, which
distracts the attention of drivers away from the road and to a business or service; and
WHEREAS, the City Council finds that prohibiting commercial conduct that is
intended to, or that does in fact, attract the attention of drivers, furthers the city’s
substantial interest in traffic safety (see, e.g., Sanctity of Life Network v. California
Highway Patrol, 105 Cal. App. 4th 858, 862 (2003) (holding that protected First
Amendment speech can be restricted if it interferes with traffic,)).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 18.80 (Signs) of Title 18 (Zoning) of the Grand Terrace
Municipal Code is hereby repealed and replaced in its entirety with the following:
“CHAPTER 18.80 SIGNS
Sections:
18.80.010 Findings
18.80.020 Purpose
18.80.030 Policies for Sign Regulations
18.80.040 Definitions
18.80.050 Signs on Public Property
18.80.060 Permit Required
18.80.070 Application Review Procedures
18.80.080 Application Requirements
18.80.090 Appeals
18.80.100 Judicial Review of City Council’s Decision
18.80.110 Exempt Signs
18.80.120 Prohibited Signs
18.80.130 General Provisions
4.b
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18.80.140 Design Standards
18.80.150 Development Standards for Permanent On-Site Signs
18.80.160 Temporary On-Site Signs, Residential
18.80.170 Temporary On-Site Signs, Non-Residential Zones
18.80.180 Window Signs
18.80.190 Off-site Signs
18.80.200 Temporary Use and Special Event Signs
18.80.210 Parking of Advertising Vehicles
18.80.220 Non-Conforming Signs and Abandoned Signs
18.80.230 Compliance with Sign Code as Condition of Permit Approval
18.80.240 Penalty
Section 18.80.010 Findings
The City Council finds all of the following:
A. The City, pursuant to its police power, has the authority to take
appropriate action to address concerns regarding traffic safety and aesthetics, as they
relate to signs (Metromedia Inc. v. City of San Diego, 453 U.S. 490 (1981)); and
B. Signs constitute speech protected by the First Amendment of the United
States Constitution and by Art. 1, Sec. 2, of the Constitution of the State of California
and that its regulation of signs must be consistent with these protections; and
C. An uncontrolled proliferation of signs within the City is harmful to the
public’s health, safety and welfare, in that such signs are aesthetically displeasing and
constitute a traffic hazard, as drivers will be distracted by attempting to read an
excessive number of signs that are placed in a haphazard manner; and
D. The City has a substantial interest in regulating signs and the regulations
within this chapter further the City’s substantial interests in traffic safety and aesthetics,
consistent with National Advertising Co. v. City of Orange, 861 F.2d 246, 248 (9th Cir.
1988); and Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998).); and
E. Businesses have an interest in having signage that effectively advertises
its goods or services, and is visible to potential customers; and
F. City residents and residents and visitors have an interest in identifying
businesses, and the goods and services they provide; and
G. City residents and visitors have a substantial interest in visiting, living and
working in an aesthetically pleasing city; and
H. City residents and visitors have a substantial interest in traffic safety within
the City.
I. The City has properly balanced its interests in aesthetics and traffic safety
with the interests of businesses and consumers by limiting off-site commercial signs,
4.b
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and by limiting the time, place, and manner of placement of commercial signs on
commercial lots; and
J. Commercial speech can be regulated more stringently than
noncommercial speech; however, the City Council recognizes the need of businesses in
the City to reasonably advertise their goods and services visibly and effectively; and
K. The City Council intends this Chapter to ensure its regulations are
content-neutral and are the least restrictive means to achieve the goals set for the
herein (see e.g., Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015); and
L. These regulations allow on-site commercial signage while limiting off-site
advertising signs, the City Council having found that onsite commercial speech is more
valuable than offsite commercial speech, as permitted in Outdoor Systems, Inc. v. City
of Mesa, 997 F.2d 604, 611 (9th Cir. 1993) and Metromedia Inc. v. City of San Diego,
453 U.S. 490 (1981); and
M. Because signs are speech protected by the United States and the
California Constitutions, detailed procedures are necessary to ensure that permits are
expeditiously issued or denied based on objective criteria and consistent with due
process of law; and
N. A message substitution provision has been added to the City’s sign
regulations, allowing any sign regulated by the new provisions of this Ordinance to
display a noncommercial message, so that the City’s regulations satisfy the
constitutional mandate that it not restrict noncommercial signage to a greater degree
than commercial signage.(see Clear Channel Outdoor, Inc. v. City of Los Angeles, 340
F.3d 810 (9th Cir. 2003); Outdoor Systems, Inc. v. City of Mesa, 997 F.2d 604 (9th Cir.
1993); and
O. Proliferation of temporary signs in the public right-of-way can be
detrimental to the aesthetic quality of the streets and sidewalks, can interfere with traffic
safety, pedestrian access to public sidewalks and streets, and can obstruct the entrance
to businesses and residences; and
P. Temporary commercial signs are signs that relate to businesses for which
on-premises signage do not provide adequate advertising of the goods or services sold
because for many businesses is such that effective advertising by way of permanent on-
premises signage is impractical: the business is of a transitory and temporary nature,
the business' primary and most effective way to notify people of the available goods or
services is by directing passers-by to the location of the goods or services, and the
business does not have a fixed place of business or the goods or services themselves
cannot practically be viewed and/or sold out of one business location or any business
location; and
Q. Human advertisements (as defined in this ordinance) within public rights of
way, constitute a traffic hazard by their conduct, which distracts the attention of drivers
away from the road and to a business or service; and
4.b
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R. Prohibiting commercial conduct that is intended to, or that does in fact,
attract the attention of drivers, furthers the city’s substantial interest in traffic safety (see,
e.g., Sanctity of Life Network v. California Highway Patrol, 105 Cal. App. 4th 858, 862
(2003) (holding that protected First Amendment speech can be restricted if it interferes
with traffic)).
18.80.020 Purpose.
A. These regulations are intended to protect the public health, safety, and welfare and
provide for the integrity and preservation of community aesthetics through modern
implementation of a uniform set of rules and regulations. The City of Grand
Terrace recognizes and, strongly supports, the needs of merchants and property
owners to identify their businesses through signage and other means of
advertisement. The city, further, recognizes that size, placement, number, and
design of signs significantly influences the general perception of both the
community’s visual environment and its economic health, and that signs should not
become visual distractions along public roadways. In addition, these regulations
are intended to accomplish the following:
1. Promote an economically stable and visually attractive community consistent
with the City’s goals and strategies.
2. Promote signs and graphics that are attractive, pleasing, and harmonized with
the physical character of the environment and surrounding properties, while
serving the identification needs of the business community.
3. Eliminate visual clutter while providing reasonable opportunities for adequate
identification of businesses and the goods and services they offer.
4. Prevent an inadvertent favoring of commercial speech over noncommercial
speech.
5. Direct the proper design and location of signs to reduce, or eliminate,
potential hazards and promote the safe movement of vehicles and
pedestrians throughout the city.
6. Direct persons to various activities and enterprises in order to provide for
maximum public convenience.
18.80.030 Policies for sign regulations.
The following policies regarding signage in the city are established:
A. Regulatory Interpretations. The requirements of this chapter shall not be
interpreted to nullify any easements, covenants, or other private agreements that
provide for more restrictive sign regulations than are required by this chapter.
B. Message Neutrality. It is the city’s policy and intent to regulate signs in a
viewpoint-neutral and/or content-neutral manner. The message of the sign shall
4.b
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not be reviewed except to the minimum extent necessary to identify the type of
sign.
C. Message Substitution. A noncommercial message of any type may be substituted
in whole or in part for the message displayed on any sign for which the sign
structure or mounting device is authorized pursuant to this chapter. The purpose
of this requirement is to prevent any inadvertent favoring of commercial speech
over noncommercial speech, or favoring of any particular noncommercial message
over any other noncommercial message.
D. In no instance may commercial or non commercial messages contain “obscene
matter” as defined in California Penal Code section 311.
D.E. General Prohibition. Any permanent or temporary sign not expressly permitted by
this chapter is prohibited.
F. Off-site signs are prohibited, unless specifically authorized by this Chapter. except
those expressly permitted in section 18.80.030.C (Real estate signs in public right of
way) and section 18.80.170 (Temporary off-site subdivision signs)
Section 18.80.040 Definitions
A. The following words and phrases have the meanings set forth herein, unless it is
apparent from the context that another meaning is intended:
1. Abandoned sign. Any display or sign remaining in place or not maintained for
a period of ninety (90) calendar days which no longer identifies an ongoing
business, product, or service available on the premises where the display or
sign is located or where the building, business, or establishment to which the
display or sign is related has ceased operation. For purposes of this
definition, abandonment for the applicable period shall be deemed conclusive
evidence of abandonment regardless of the property, business, or sign
owner’s intent.
2. A-frame sign. See Portable freestanding sign
3. Alteration. Any change of size, shape, illumination, position, location,
construction or supporting structure of an existing sign.
4. Animated sign. A sign which moves or appears to move in whole or part
designed to attract attention through movement or the semblance of
movement of the whole or any part including, but not limited to, signs which
swing, twirl, move back and forth or up and down; or signs which change
color or shades of color or any other method or device which suggests
movement. Animated signs do not include electronic message signs.
5. Awning. A roof-like cover that projects from the wall of a building for the
purpose of shielding a doorway or window from the elements.
4.b
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6. Awning sign. A sign displayed, written, silkscreened, or attached on an
awning.
7. Balloon, inflatable sign, or inflatable attention-getting device. Any air or gas
filled device located, attached, or tethered to the ground, site, merchandise,
building, or roof and used for the purposes of signage, advertising or
attention-getting.
8. Banner. Any sign of durable cloth, plastic, or similar non-rigid material that is
attached to a building.
9. Banner, feather. Any sign of durable cloth, plastic, or similar non-rigid
material that is attached to a pole, commonly referred to as a feather banner.
See “Flag banner”.
10. Billboard. An outdoor advertising structure that advertises products, services
or activities not conducted or performed on the same site upon which the
outdoor advertising sign structure is located, and that is subject to the
provisions of Section 5490 et seq. of the Business & Professions Code.
11. Building face. That portion of any exterior elevation of a building extending
vertically from grade to top of a parapet wall or eaves, and horizontally across
the entire width of the building elevation, excluding corners, bay windows,
balconies, or other architectural features which extend beyond the general
outermost surface of the exterior wall.
12. Cabinet sign. A sign constructed of a solid cabinet consisting of one or more
translucent panels containing sign copy, which are interchangeable and
which are affixed to an internally illuminated box or cabinet mounted on a
building or monument, and not sculpted to the shape of its contents.
Commonly referred to as a “can sign”.
13. Canopy. A structural or ornamental roof-like appendage attached to and
projecting from a building.
14. Canopy sign. A sign attached beneath or placed upon the structural
projection or canopy of a building.
4.b
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15. Changeable copy sign. The changing of a commercial or non-commercial
message on a lawfully erected sign. A change of copy does not include the
following (all of which acts shall be considered as the placing of a new sign):
any alteration or reconfiguration of the outside dimensions of a sign, any
structural modifications of a sign and/or relocation of all or any portion of a
sign.
16. Channel letters. Individual letters that are independently mounted to a wall or
other surface and internally illuminated with a covered face. The “air space”
between the letters is not part of the sign structure but rather of the building
façade. A logo may also be considered a channel letter or sculpted can sign
provided it is clearly distinguishable from other sign elements.
17. City. The City of Grand Terrace.
18. City Engineer. The City Engineer of the City of Grand Terrace, or designee.
18.19. City Manager. The City Manager of the City of Grand Terrace, or
designee.
19.20. Clear Sight Triangles
a. View Obstructions. Adequate visibility for vehicular and pedestrian traffic
shall be provided at clear sight triangles at all 90 degree angle intersections of
public rights-of-way and private driveways.
i Prohibited. The following shall be prohibited within a clear sight triangle:
(A) Monument signs.
(B) Hedges or shrubbery.
ii Maximum Height Requirements. The following shall not be erected,
placed, planted, or allowed to grow over 30 inches in height above the
nearest street curb elevation within a clear sight triangle:
(A) Signs.
(B) Mounds of earth.
(C) Other visual obstructions.
iii Exceptions. The requirements for clear sight triangles shall not apply to:
(A) Freestanding signs when the lower edge of the sign face is at least
eight feet above grade and when there are no more than two posts or
columns, each with a maximum width or diameter of 12 inches,
supporting the sign.
4.b
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b. Dimensions and Location. Clear sight triangles are right triangles that shall be
measured as follows:
i The 90-degree angle is formed by the intersection of either:
(A) The intersection of the edges of two roadways as measured at the
edge of their ultimate planned right-of-way; or
(B) The intersection of the edge of a private driveway or alley and the
edge of the ultimate planned right-of-way of an intersecting roadway.
ii The two 45-degree angles of a clear sight triangle shall each be located as
follows:
(A) Public street intersections - 30 feet from intersection.
(B) Public street and private driveway or alleyway - 10 feet from the
intersection.
20.21. Commercial message. Any sign, wording, logo, or other representation
that names or advertises a business, product, service, or other commercial
activity.
21.22. Convenience sign. Means a sign not larger than two square feet which
conveys information, such as "restrooms," "no parking," "entrance" and the
like, but does not contain land, trade, advertising or business identification,
and is designed to be viewed on site by pedestrians and/or motorists.
22.23. Copy. Any written words, letters, symbols, emblems, designs, figures, and
logos used to attract attention to, or identify, a land use.
23.24. Decorative banner or flag. A festive graphic display that is made of
durable cloth, plastic or similar non-rigid material, and that either displays no
message or displays only a predominantly pictorial message that does not
directly identify or advertise a business on the premises.
No signs, plantings or
other obstructions over 30” in this area.
Clear Sight Triangle
4.b
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24.25. Directional sign. Any sign intended to be permanently affixed and utilized
only for the purpose of indicating the direction of any object, place, or area.
25.26. Director. The Director of Planning and Development Services of the City
of Grand Terrace, including designee.
26.27. Directory sign. A pedestrian-oriented sign, or set of similarly designed
individual signs, placed or displayed in sequence, located at a multi-tenant
building or within a shopping center, to list all or part of the businesses within
a building or shopping center. The copy of a directional sign is not readable
from the public roadway or parking lot.
27.28. Drive-through menu board. A single-sided sign located in the drive-
through area of a fast-food restaurant, typically containing an attached or
detached speaker and/or verification screen for communicating orders.
28.29. Electronic message sign. A sign with the capability of presenting variable
message displays by projecting an electronically controlled light pattern against a
contrasting background and which can be programmed to change the message
display periodically.
29.30. Exempt Sign. A sign which is not subject to a sign permit.
31. Flag Sign. Any sign or device in the nature of a banner, flags or other object,
designed and installed in such a manner as to move upon being subject to
pressure by wind or breeze. Flag signs must be made of fabric or other
similar non-rigid material supported or anchored along only one edge. Also
referred to as a feather banner, swooper, or teardrop banner.
30.32. Flashing sign. Any sign which contains, or is illuminated by, lights which
change in intensity or colors, or which create the illusion of flashing in any
manner. Flashing signs do not include electronic message signs.
31.33. Freestanding sign. A permanent sign that is self-supporting in a fixed
location detached from any building or wall. Freestanding signs include, but
are not limited to, monument signs, pole signs, and pylon signs.
32.34. Freeway sign. A freestanding sign between 50 feet and 100 feet in height
located within 250 feet of the right of way of Interstate 215.
33.35. Frontage, building. The exterior building wall of a structure on the side or
sides of the structure fronting and oriented toward a public street or highway,
excluding eaves or roof overhangs. Building frontage shall be measured
continuously along the structure’s wall for the entire length of the business
establishment.
34.36. Frontage, street or highway. Any portion of a lot or parcel of land which
abuts a public street or highway. Street or highway frontage shall be
4.b
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measured along the common lot line separating a lot or parcel of land from
the public street or highway.
35.37. Gasoline price sign. Sign located at fuel stations which, typically, identify
the brand or type and price of gasoline sold.
36.38. Glare. The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
37.39. Height. The greatest vertical distance measured from the finished grade to
the top of a sign, a sign structure, or advertising display and any
accompanying architectural feature of the sign. However, if the sign is
constructed upon any artificial berm, the height of the sign, as measured from
the toe of the slope or berm, shall not exceed 125% of the maximum height
allowed by this title
38.40. Holiday and seasonal decoration. Lighting and other materials, including
festive flags, in the nature of decorations, clearly incidental to and customarily
and commonly associated with any national, state, local or religious holiday.
39.41. Human advertisement. Any person who is located anywhere within the
city, and whose intent is tothat advertises a business or service, by way of his
or her actions, including but not limited to, by holding a temporary sign,
wearing a costume, or wearing body paint.
40.42. Illegal sign. Any sign placed without all required government approvals
and permits at the time it was placed, or an existing sign that was not
constructed in accordance with the ordinances and other applicable laws in
effect on the date of construction.
41.43. Illuminated Sign. A sign with an artificial light source incorporated
internally or externally for the purpose of illuminating the sign; includes signs
made from neon or other gas tube(s) that are bent to form letters, symbols, or
other shapes. An illuminated sign excludes electronic message signs, which
are separately defined.
42.44. Inflatable balloon sign. A sign consisting of balloons and inflatables made
of metallic and/or cloth material, regardless of the size that is used, for the
purpose of attracting attention.
43.45. Logo. A visual symbol, representation, or character identifying the
business or service provided.
44.46. Linear frontage. The horizontal distance measured along the building
frontage facing the street. In cases where a business has no building frontage
facing a street, the building frontage with the primary business entrance shall
be considered the primary building frontage (e.g. an entrance facing a
courtyard). For multi-tenant buildings, ground floor tenants may have their
4.b
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primary frontage determined independently from the rest of the building
based on the aforementioned rules.
45.47. Maintenance. Replacement of copy, change of color, maintenance, or
repair made to a sign.
46.48. Menu/Order board sign. A sign installed in a drive-through facility and
oriented so as to be visible primarily by drive-through customers.
47.49. Modification. Any alteration, repair or refurbishing of any sign that alters
its physical dimensions, or any integral component of the sign including, but
not limited to, alterations to exterior cabinets, bases, poles or sign copy.
48.50. Monument sign. See “Freestanding Sign”.
49.51. Noncommercial Sign. A sign that displays noncommercial speech, e.g.,
commentary or advocacy on topics of public debate and concern.
50.52. Nonconforming Sign. A sign lawfully erected that does not comply with
the provisions of this chapter.
51.53. Off-Site Sign. A sign that directs attention to a business, profession,
commodity, service, or entertainment conducted, sold, or offered at a location
other than where the sign is located.
52.54. On-Site Sign. A sign which directs attention to a business, profession,
commodity, service, or entertainment conducted, sold, or offered upon the lot
or parcel on which the sign is placed. In the case of multiple-tenant
commercial or industrial development, a sign is considered on-site whenever
it is located anywhere within the development. In the case of a duly approved
Sign Program, a sign anywhere within the area controlled by the program
may be considered on-site when placed at any location within the area
controlled by the program. Any sign displaying a noncommercial message
constitutes an on-site sign.
53.55. Painted Sign. A sign that comprises only paint applied on a building or
structure.
54.56. Pennant. Any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, attached to a rope, wire, or string, usually
in a series, designed to move in the wind and attract attention.
55.57. Permanent sign. All signs referred to in Chapter 18.80, except for
temporary signs.
56.58. Portable sign. Any sign not permanently attached to the ground or to a
building, which is intended to be movable or capable of being moved from
place to place, whether or not wheels or other special supports are provided.
This definition includes an A-frame sign.
4.b
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57.59. Projecting sign. A sign that projects more than twelve (12) inches from the
exterior face of a building wall or façade and which uses the building wall as
its primary source of support.
58.60. Pylon sign. A freestanding sign designed with its vertical dimension
greater than its horizontal dimension and supported by a single pedestal base
or architecturally integrated support posts.
59.61. Readerboard. A sign containing, in whole or in part, electrical devices
allowing for changing copy, text, or content. Electric time and temperature
signs are not considered readerboards.
60.62. Real estate sign. A temporary sign advertising the sale or lease of real
property. The sign may include the identification and contact information of
the person and/or company handling such sale, lease, or rent.
61.63. Roof sign. A sign erected, constructed, painted, or placed upon or over a
roof or parapet wall of a building and which is wholly or partly supported by
the building or roof structure.
62.64. Sign. Any writing (including letter, word, or numeral), pictorial presentation
(including illustration or decoration), emblem (including device, symbol or
trademark), flag (including banner or pennant) or any other device, figure, or
similar character which:
a. Is a structure or any part thereof, or is attached to, painted on, or in any
other manner represented on a building, other structure or device; and
b. Is used to announce, direct attention to, or advertise; and
c. Is visible from the outside of a building.
63.65. Sign area. The entire area within a single continuous perimeter which
enclose the extreme limits of writing, representation, emblem, or any figure of
similar character, background area, trim, or other material, light or color
forming an integral part of the display or used to differentiate such sign from
the background against which it is placed. In the case of a sign designed
with more than one exterior surface, the area shall be computed as including
only the maximum single display surface which is visible from any ground
position at one time. The supports, trim, frame, or uprights on which any such
sign is supported shall not be included in determining the sign area.
4.b
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64.66. Sign face. That area or portion of a sign on which copy is intended to be
placed.
65.67. Sign program. A detailed graphic and narrative plan that establishes the
specific sign regulations and common aesthetic design characteristics that
apply to all signs for a particular ownership parcel, or for a particular area that
may include two or more separate but contiguous ownership parcels, and
which may include a development project, shopping center, or business
complex.
66. Temporary Subdivision Sign. A temporary or otherwise limited-term sign for
the purpose of providing direction for vehicular and/or pedestrian traffic to the
new home sale of multiple lots or dwelling units with a single builder within a
master planned community, including both single-family and multi-family for-
sale products. All other home sales signs are included within the definition of
Real estate sign.
67.68. Temporary sign. A structure or device used for the public display of visual
messages or images, which is easily installed with or without common hand
tools and which is not intended or suitable for long-term or permanent display
due to lightweight or flimsy construction materials. Examples include
banners, flags, or similar ground mounted nonpermanent signs made of
paper, cloth, canvas, lightweight fabric, or other non-rigid material, with or
without frames.
68.69. Wall sign. A sign attached to or erected against the wall of a building or
structure with the exposed face of the sign parallel to the plane of such wall.
69.70. Window sign. Any permanent or temporary sign, picture, letter, character,
or combination thereof, designed to communicate information about an
activity, business, commodity, event, sale, or service that is placed upon
and/or inside and/or within 3 feet of a window for the purpose of being visible
from the exterior of the window.”
Section 18.80.050 Signs on public property.
A. General Prohibition. Except as provided for in this section, no signs may be
displayed on city property by private parties. Any sign posted on city property in
violation of this section may be summarily removed by the city.
B. The following signs are exempt from the provisions of this sign code:
1. Traffic control and traffic directional signs erected by the city or another
governmental unit.
2. Official notices required or authorized by law.
3. Signs placed by any governmental agency, utility or special district, in
furtherance of these entities’ official functions.
4.b
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C. Real Estate Signs in the Public Right-of-Way. The City hereby allows for private
party real estate signs that identify the location of real property in the city for sale
or lease temporarily within the public right-of-way. Such signs shall not require the
issuance of a sign permit, temporary sign permit, or other planning permit or
entitlement. Such signs shall be consistent with the following standards.
1. Up to four (4) signs to direct traffic to the subject property are allowed. Each
sign shall be a maximum of four (4) square feet in area and three and one-
half feet (3.5‘) in height.
2. All signs shall be located outside the required clear sight visibility triangle.
3. Each such sign shall be located a minimum of twenty feet (20’) from other
signs that identify the location of real property for sale or lease.
4. Signs shall only be placed in landscaped parkways Thursday through Sunday
for a maximum of eight consecutive (8) hours on each day., and shall not be
placed on the sidewalk or in the center street median
5. No signs shall be placed on utility poles, light or traffic light poles, traffic signs
or traffic sign poles, or street trees.
6. Signs shall not be designed or constructed to cause undue distraction to
motorists. For example, temporary signs in the public right-of-way shall not
be illuminated, either internally or externally, shall not have flashing lights,
shall not have any moving parts, and shall not generate any source sounds
(including radio waves), and shall not release steam or smoke..
D.C. Human Advertisements. All human advertisement is prohibited on public property
in the City of Grand Terrace, where such advertisement is intended to, or does in
fact, attract the attention of passing motorists to a business or service.
Section 18.80.060 Permit required.
The following permits shall be required for signs:
A. Sign Permit.
1. Applicability. A sign permit shall be required for all permanent signs (building
attached or freestanding) prior to erection, relocation, alteration, or
replacement of a sign, unless otherwise exempted by this chapter. A Sign
Permit shall not be required for general maintenance of existing signs or the
replacement of the sign face (including message) when the area of the sign is
not being changed and a building permit is not required (e.g., the replacement
of a sign face on a can sign).
2. Approval authority. The designated approving authority for sign permits shall
be the city manager, or his or her designeedirector of community
development..
4.b
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3. Approval findings. A sign permit shall be granted when the city manager, or
his or her designeecommunity development director finds the proposal to be
in conformance with all applicable provisions of this chapter.
4. Additional permits. In addition to a sign permit, a building permit may also be
required.
B. Temporary Sign Permit.
1. Applicability. A temporary sign permit shall be required for all temporary
signs (building-attached or freestanding), prior to erection or placement,
unless otherwise exempted by this chapter.
2. Approval authority. The designated approving authority for temporary sign
permits shall be the director.
3. Approval findings. A temporary sign permit shall be granted when the director
finds the proposal to be in conformance with all applicable provisions of this
title.
C. Sign Program.
1. Purpose and intent. A sign program provides a process for the city’s review
of, and decisions related to, requests for signs for multi-tenant projects. The
intent of a sign program is to allow for the integration of a project’s signs with
the design of the structures so as to achieve architectural consistency.
2. Applicability. A sign program shall be required for all new multi-tenant
shopping centers, office parks, and other multi-tenant, mixed-use, or
otherwise integrated developments of three (3) or more separate
tenants/uses that share buildings, public spaces, landscape, and/or parking
facilities.
3. Approval authority. The designated approving authority for sign programs
shall be the planning commission acting as the site and architectural review
committee.
4. Approval findings. A sign program, or revisions thereto, may be approved
only when the site and architectural review committee makes all of the
following findings:
a. That the proposed sign program is consistent with the development
standards for signs as provided in this chapter; and
b. The design, location, and scale of proposed signs for the integrated
development are in keeping with the architectural character of the
development.
4.b
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5. Conditions of approval. The designated approving authority may impose
conditions in order to ensure compliance with this title and to prevent adverse
or detrimental impacts to the surrounding neighborhood.
Section 18.80.070 Application review procedures.
A. Method of Application. An application for a sign permit, temporary sign permit,
sign program shall be made on the form(s) prescribed by the planning department.
The application shall be accompanied by any fees as specified by city council
resolution.
B. Levels of Review. All sign permit applications shall be reviewed by the city
manager or director as designated by this chapter. Appeals of the city manager or
director’s decision on a sign permit application shall be submitted to the planning
commission. Appeals of the planning commission’s decision on a sign permit
application shall be submitted to the city council. The city council’s decision
regarding such appeals shall be final.All sign permit applications shall be reviewed
by the director. Appeals of the director’s decision on a sign permit application shall
be submitted to the planning commission. The planning commission’s decision
regarding such appeals.
C. Timely Decision. The city manager’s or director’s shall issue a decision in writing
within thirty (30) days of receipt of a complete application. The timely decision
requirement may be waived by the applicant. If a decision is not rendered within
the required time, the application shall be deemed granted.
D. Processing of Applications.
1. Completeness. If the city manager or director determines that the application
is incomplete, the city manager or director shall notify the applicant in writing
within five days for sign permits, and within 15 days for sign programs, of
receipt of the application, and the reasons therefore, including any additional
information necessary to render the application complete.
2. Denial of permit. A permit application will be denied if any of the following
occurs:
a. The applicant has installed a sign in violation of the provisions of this
chapter anywhere on the subject propertywithin the city and, at the time
of submission of the application, the illegal sign has not been legalized,
removed, or included in the application so as to be brought into
compliance; or
b. The applicant has not obtained any applicable required use permitzoning
clearance for the property where the proposed sign would be located.
E. Multiple Sign Applications. When an application proposes two or more signs, the
application may be granted either in whole or in part, with separate decisions as to
each proposed sign. When an application is denied in whole or in part, the city
4.b
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manager’s or director’s written notice of determination shall specify the grounds for
such denial.
F. Right to Permit. When any sign application complies fully with all applicable
provisions of this chapter, and with all other applicable laws, rules, and regulations,
the permit shall be approved and issued within the required time.
G. Permit Denial. When a permit application is denied, the denial shall be in writing
and delivered to the address shown on the applicant’s form, and shall state the
grounds for denial.
H. Appeal. The appeal right arises whenever a written decision is delivered to the
applicant. In this context, “delivered” means either when it is personally delivered
or 5 days after it is placed in the US mail, whichever occurs first.
I. Time for Appeal. Any affected party may appeal in writing any sign permit
decision, so long as the notice of appeal is delivered to the city within 10 calendar
days of the date the director’s or planning commission’s decision is delivered.
J. Status Quo. Pending an appeal, the status quo of the subject sign(s) shall be
maintained. This does not apply whenever a sign, by virtue of its physical
condition, constitutes a significant and immediate threat to public safety.
J.K. Appeal Hearing Procedure. Appeal hearings required by this section shall be
conducted in accordance with the procedures set forth in Section 18.80.090 below.
K.L. Judicial Review. Following final decision by the City Council planning commission,
any affected party may seek judicial review of the final decision on a sign
application pursuant to California Code of Civil Procedure §1094.8.
L.M. Permits Issued in Error. The City may summarily revoke any approval or permit
issued in error at any time before substantial work in reliance upon the permit has
been accomplished, by the city issuing written notice to the holder of the reason for
the revocationAny approval or permit issued in error is invalid.
M.N. Additional permits. A sign permit shall not be valid unless all applicable building
and electrical permits related to the sign are lawfully issued and finaled by
inspection by the appropriate department.
Section 18.80.080 Application requirements.
A. Sign Permit. The application for a sign permit shall be made on the form provided
by the director and shall be accompanied by a processing fee established by
resolution of the city council. The application shall contain all of the following
information and materials, except that some requirements may be waived by the
city manager or director when not applicable to the type of sign being proposed.
1. Site Plan. Three sets of a scaled and dimensioned site plan showing:
Comment [A1]: Provide copy of application with exhibits
4.b
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a. North arrow, scale, date drawn, applicant, contact person and phone
number(s);
b. Property lines and fronting streets, with street names labeled;
c. Location and dimensions of the building(s) upon which wall sign(s) are
proposed;
d. Relationship of the proposed sign to existing or proposed adjacent
buildings, structure, signs, property lines, streets, and driveways on or
adjacent to the parcel where the sign is to be located (may not be
needed for wall-mounted signs).
e. Where directional signs are proposed, the location of off-street parking
facilities, including major points of entry and exit for motor vehicles.
2. Building Elevations. Three sets of scaled and dimensioned building
elevations of each side of a building where signs are proposed depicting each
proposed sign.
3. Landscape Plan. Three sets of scaled and dimensioned landscape plan
showing all landscaped areas required for freestanding signs, and shall
indicate the location of all proposed plant material, common and botanical
names, quantities and sizes.
4. Sign specifications. Three sets of scaled and dimensioned sign specifications
showing proposed design, size, exact colors, materials and location of the
sign or sign structure.
5. Construction plans. Three sets of scaled and dimensioned plans depicting
construction details, method of attachment and electrical specifications for
each sign; and,
6. Any proposed lighting, including internal and external illumination. Information
on lighting intensity may be required, as determined necessary by the
director.
B. Temporary Sign Permit. The application for a sign permit shall be made on the
form provided by the director and shall be accompanied by a processing fee
established by resolution of the city council. The application shall contain all of the
following information and materials, except that some requirements may be waived
by the director when not applicable to the type of sign being proposed.
1. No temporary on-site signs may be erected without a permit.
2. Temporary sign permits may be obtained at the Planning Division and are
issued pursuant to an expedited permit process. Permits for temporary signs
that are in conformance with the applicable provisions of this chapter will be
issued within 2 business days of application.
4.b
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3. Temporary sign permit applications must contain all the following
informationThe application for a sign permit shall be made on the form
provided by the director and shall be accompanied by a processing fee
established by resolution of the city council. The application shall contain all
of the following information and materials, except that some requirements
may be waived by the director when not applicable to the type of sign being
proposed
a. Proposed sign dimensions, fabrication, colors, and fonts.
b. Number of temporary signs per business.
c. A plot plan showing the proposed placement of temporary signs.
d. Proposed time duration of sign placement.
C. Sign Program requirements.
1. Application. The application for a sign program shall be made on the form
provided by the director and shall be accompanied by a processing fee
established by resolution of the city council.
2. Contents. A Sign Program shall include the following information:
a. A coordinated design theme, incorporating uniform design elements for
various types of signs to be used in the project area, including wall signs,
freestanding signs, canopy and awning signs, directional signs, and
others as appropriate;
b. Desired use, design, location and size of temporary signs, including
window signs, special event signs, flags, banners, portable signs, and
others, as appropriate;
c. The desired size, area and location of signs to be located throughout the
project site;
d. Methods by which signs will be attached to buildings and structures;
e. Methods and levels of illumination;
f. Choice of colors and lettering styles; and
g. Those items identified in subsection 18.80.080.A(1) through (A)(4) and
(A)(6) of this section.
Section 18.80.090 Appeals.
A. A decision by the city manager or director to conditionally grant, deny, or revoke a
sign permit may be appealed to the planning commission. The applicant must
submit a written request for an appellate hearing by the planning commission to
the city clerk within 10 days of the date the city manager or director’s decision is
4.b
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delivered to the applicant. The written request must be accompanied by a
processing fee, as determined by city council resolution. Failure to timely appeal a
decision to the planning commission, or submission of a written request without the
processing fee, is deemed a waiver of the right to appeal the decision.
B. A decision by the planning commission to conditionally grant, deny, or revoke a
sign permit, including a ruling on an appeal of the director’s decision on a sign
matter, may be appealed to the city council. The applicant must submit a written
request for an appellate hearing by the city council to the city clerk within 10 days
of the date the planning commission’s decision is delivered to the applicant. The
written request must be accompanied by a processing fee, as determined by city
council resolution. Failure to timely appeal a decision to the city council, or
submission of a written request without the processing fee, is deemed a waiver of
the right to appeal the decision.
A.C. Within 10 days of receipt of the written request and processing fee, the city clerk
must notify the applicant of a hearing date. The hearing date must be within 30
days of the date of mailing of the notice for the hearing.
B. Director’s decision appealable to the planning commission.
A. A decision by the director to conditionally grant, deny, or revoke a sign permit
may be appealed to the planning commission. The applicant must submit a
written request for an appellate hearing by the planning commission to the
city clerk within 10 days of the date the director’s decision is delivered to the
applicant. The written request must be accompanied by a processing fee, as
determined by city council resolution. Failure to timely appeal a decision to
the planning commission, or submission of a written request without the
processing fee, is deemed a waiver of the right to appeal the decision.
B. Within 10 days of receipt of the written request and processing fee, the city
clerk must notify the applicant of a hearing date. The hearing date must be
within 30 days of the date of mailing of the notice for the hearing.
C. Content and Conduct of Hearing.
A. Rights of the Parties. The parties (the appellant and the City) have the right
to: (i) be present at the hearing; (ii) represent themselves or be represented
by counsel; (iii) testify in their own behalf; (iv) call and examine witnesses,
regardless of which party first called the witness to testify; and (v) rebut any
adverse evidence.
B. Admissibility of Evidence. The planning commission will hear all evidence
that is relevant and material to the issues raised by the appeal. Any relevant
evidence is admissible if it is the type of evidence on which responsible
persons are accustomed to rely on in the conduct of serious affairs,
regardless of any common law or statutory rule of evidence that might make
4.b
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admission improper over objection in civil actions in courts of competent
jurisdiction in the State of California. All witnesses must be sworn in by the
Recording Secretary prior to giving testimony.
Relevant hearsay evidence is admissible, but may not be solely relied upon
by the planning commission to reach a determination.
C. Degree and Burden of Proof. The city has the burden to prove its case by a
preponderance of the evidence; that is, evidence which has more convincing
force and the greater probability of truth than the evidence which is offered in
opposition to it; evidence which as a whole shows that the fact sought to be
proved is more probable than not.
D. Decision by the planning commission. After all the speakers have been heard
and all the evidence has been reviewed, the hearing shall be declared closed.
After close of the hearing, members of the planning commission may publicly
discuss the matter before them and may ask questions of persons who have
spoken before them. Upon the conclusion of the discussion, a commissioner
will ask for a motion declaring the decision of the planning commission. The
motion must be made and seconded, and voted upon by the planning
commission. An appeal is approved if a motion with appropriate findings is
carried by a majority vote of the members voting. The failure to carry a
motion to approve constitutes denial of the appeal. The planning
commission’s written decision and findings must be made within seven (7)
days of the hearing. The planning commission’s decision must forthwith be
delivered to the appellant.
Section 18.80.100 Judicial review of planning commission’scity council’s
decision.
The city council’s decision is final. The decision is deemed final on the day that it is
deposited into the U.S. mail, addressed to the appellant at the address provided on the
sign permit application, or delivered in person to the appellant. The notice of decision
must provide that the appellant has the right to challenge the city council’s decision in a
court of law, in accordance with the provisions of Sections 1094.8 of the California Code
of Civil Procedure.
Section 18.80.110 Exempt signs.
The following sign types are expressly exempted from the permit requirements of this
chapter but still must satisfy any and all other applicable permit requirements when
necessary (e.g., building, electrical, plumbing, grading, encroachment); and shall
comply with Section 18.80.130.(F) (Interference with Motorists Field of Vision).
A. Exempt Signs Without Limitations. The following are exempt from sign permit and
City review requirements:
4.b
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1. Official traffic signs or other municipal governmental signs, legal notices,
advertisements prescribed by law and placed by governmental entities, and
signs indicating the location of buried utility lines or any notice posted by a
governmental officer in the scope of his or her duties.
2. Direction, warning, or information signs or structures required or authorized
by law, or by federal, state, county, or City authority, including, but not limited
to, traffic control signs (e.g., stop, yield), highway route number signs, and
construction zone signs.
3. Noncommercial utility company signs identifying cables, conduits, and
dangerous situations.
4. Street address signs on buildings and building identification signs consistent
with the City-adopted building code or relevant provisions of the City
Municipal Code. Notwithstanding anything in this Section, street address
signs may be illuminated and may contain reflective paint or material.
5. Signs and advertising for the California state lottery as authorized by
California Government Code §8880 et seq.
6. Any sign located entirely within a building and not within three feet of a
window, and which is not visible from the exterior of the building, is exempt
from the requirements of this chapter.
B. Exempt Signs with Limitations. The following signs are exempt from a Sign Permit
and City review, provided that they meet the size, height, duration, and/or
maximum number limitations listed:
1. Signs on non-residential property undergoing permitted construction or
remodeling not exceeding thirty-two (32) square feet each in area per side,
maximum of two sides 64 square feet total, fifteen feet (15’)eight feet (8’) in
height, and set back a minimum of ten (10’) feet from the property line. One such
sign is permitted per street frontagesite.
a. A maximum of 6 flags with a maximum sign area of 15 square feet per flag,
not to exceed 15 feet in height is permitted
b. Such signs shall not be illuminated and shall be removed within five (5) days
of the earliest of the following events: final building inspection approval,
issuance of a valid certificate of occupancy, opening for business to the
public, or expiration of the building permit
1.2. Signs on property for sale or lease as follows:
a. On residential property, one (1) sign not exceeding four (4) square feet
and not exceeding a height of five feet (5').
b. On multi-family property with more than twelve (12) dwelling units, one
(1) sign per street frontage, not exceeding twenty-four (24) square feet in
4.b
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area attached to the building or freestanding. All signs shall be located
outside the public right-of-way and shall not be illuminated.
c. On nonresidential and mixed-use property, one (1) sign per street
frontage, not exceeding thirty-two (32) square feet in area or eight feet
(8') in height. The sign shall not be illuminated. One noncommercial flag
per street frontage, per property.
2.3. Window signs consistent with the development standards of this chapter.
18.80.120 Prohibited signs.
A. The signs listed in this section are inconsistent with the purposes and
requirements of this chapter and, as such, are prohibited in all zoning districts.
Construction, installation, or placement of the following types of signs after the
effective date of this ordinance is prohibited:
1. Any sign erected without a permit, or erected not in compliance with this
chapter or with its predecessor sign code.
2. Animated signs.
3. Any sign containing fluorescent or Day-Glo colors.
4. Can and cabinet signs, except sculpted cabinet signs.
5. Flashing signs, unless otherwise permitted as an electronic sign under this
chapter., except time and temperature signs..
6. Inflatable balloon signs, including, but not limited to, individual balloons,
balloon strings, and other inflatable objects made of a flexible material and
inflated so as to be lighter than air. This category also includes air-
activated or air-blown signs and “air dancer” signs.
7. Human advertisement signs, except as permitted under section
18.80.160(E).
8. Off-site signs, except as provided in section 18.80.030.C (Real Estate
Signs) and section 18.80.170 (Temporary off-site subdivision directional
signs).specifically authorized by this Chapter.
9. Painted wall signs.
10. Pennants.
11. Pole signs.
12. Roof signs.
13. Signs that produce smoke, sound, or other emissions.
4.b
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14. Signs which are mobile, rotate, or move, except human signs.
15. Signs which block a pedestrian path of travel or ingress and egress to a
business or driveway.
16. Signs placed on the public right-of-way or affixed to an element or
structure on the public right-of-way, or located on a publicly owned tree,
fence, or utility pole or otherwise posted on public property, unless
specifically allowed by this Chapter; or
17. Signs on private property affixed to fences, trees, shrubs, or rocks.
18. Signs that are dilapidated, abandoned, in disrepair or in a dangerous
condition.
Section 18.80.130 General Provisions
This section describes the provisions applicable to all signs regulated by this
chapter. Certain types of signs may also be subject to additional provisions.
A. Sign Area Measurement Procedures. Sign area shall be computed by including
the entire area within a single, continuous, rectilinear perimeter of not more than
eight (8) straight lines, or a circle or an ellipse, enclosing the extreme limits of the
writing, representation, emblem, or other display, together with any material or
color forming an integral part of the background of the display or used to
differentiate the sign from the backdrop or structure against which it is placed, but
not including any supporting framework or bracing that is clearly incidental to the
display itself. Backing plates shall count as part of the sign area unless they are
transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the
area shall be computed as including the maximum single display surface which is
visible from any ground position at one time.
4.b
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B. Sign Height Measurement. Sign height shall be measured as the greatest vertical
distance measured from the grade at the point the sign supports intersect the
ground and any accompanying architectural features of the sign. However, if the
sign is constructed upon an artificial berm, the height of the signs, as measured
from the toe of slope or berm, shall not exceed one hundred twenty-five percent
(125%) of the maximum height allowed by this chapter.
C. Calculation.
1. For wall signs, the permitted area for any sign shall be calculated based only
on the frontage or side of a building on which the sign is located.
2. When more than one business is located in a building, the allowable sign area
for each business shall be based upon the length of the lineal building
frontage occupied by that business.
D. Construction Requirements. Every sign and all parts, portions, and materials
thereof shall be manufactured, assembled, and erected in compliance with all
applicable state, federal, and city laws and regulations, including the locally
adopted building code. All signs shall comply with the following criteria:
1. All transformers, equipment, programmers, and other related items shall be
screened and/or painted to match the building or shall be concealed within
the sign.
2. All permanent signs shall be constructed of quality, low-maintenance
materials such as metal, concrete, natural stone, glass, and acrylics.
Techniques shall be incorporated during construction to reduce fading and
damage caused by exposure to sunlight or degradation due to other
elements. The application of graffiti resistant coating is recommended.
3. All freestanding signs that incorporate lighting shall have underground utility
service.
4. All temporary signs and banners shall be made of a material designed to
maintain an attractive appearance for as long as the sign is displayed.
Where constructed on an artificial berm, the maximum height cannot exceed 125% of the
allowing sign height.
4.b
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E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner
of the premises, shall maintain any legally required clearance from
communications and electric facilities. A sign may not be constructed, erected,
installed, maintained, or repaired in any manner that conflicts with a any rule,
regulation, or order of the California Public Utilities Commission pertaining to the
construction, operation, and maintenance of public utilities facilities.
F. Interference with Motorist Field of Vision.
1. No sign shall be located in a manner which may obstruct or interfere with the
view of a traffic signal or other traffic regulatory signs.
2. No sign shall, as determined by the city engineer, be located so as to create a
hazard to the life or property of any person using the public right-of-way.
3. Any required landscaping may be trimmed as needed to provide maximum
visibility of the sign or signs.
4. Signs shall not be located within the clear sight triangle.
G. Obstruction of Passage.
1. No sign shall be constructed so as to obstruct any required exit, including
windows, doors, fire escapes or other emergency exit of any building.
2. No sign shall be constructed or located so as to obstruct any sidewalk.
H. Sign Siting.
1. Location of Signs Attached to Buildings. Building signs may be located along
any frontage of a building that faces directly onto a public right-of-way or an
internal parking area of the site. Where the building is within 100 feet of a
residential use, signs shall not be illuminated. Orientation of signs such that
they face directly onto residential property is to be avoided and is allowed
only when there is no practical alternative and the visibility of the sign from
the residence is minimized.
2. Setback and Spacing of Freestanding Signs.
a. Where a setback exists, the minimum setback distance for freestanding
signs shall be measured from the back of the public right-of-way or side
of a driveway. Unless an encroachment permit is granted, all
freestanding signs shall be located outside of the public right-of-way and
any required clear sight triangle.
b. The minimum spacing distance between permanent freestanding signs,
excluding on-site directory signs, shall be 50 feet. The director will
review a proposed sign location on a case-by-case basis to ensure the
sign is located outside the required clear sight triangle and does not
otherwise inhibit motorist safety
4.b
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I. Maintenance Requirements. Every sign, and all parts, portions, and materials
thereof shall be maintained and kept in proper repair. The display surface of all
signs shall be kept clean, neatly painted, and free from rust and corrosion. Any
cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly
maintained or damaged portions of a sign shall be repaired or replaced within 30
days following notification by the city.
J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets,
poles, and other structural elements that support the sign shall also be removed.
Affected building surfaces shall be restored to match the adjacent portion of the
structure. This requirement does not apply to routine maintenance.
K. Clear Sight Triangles
1. View Obstructions. Adequate visibility for vehicular and pedestrian traffic
shall be provided at clear sight triangles at all 90 degree angle intersections of
public rights-of-way and private driveways.
a. Prohibited. The following shall be prohibited within a clear sight triangle:
(1) Monument signs.
(2) Hedges or shrubbery.
b. Maximum Height Requirements. The following shall not be erected,
placed, planted, or allowed to grow over 30 inches in height above the
nearest street curb elevation within a clear sight triangle:
(1) Signs.
(2) Mounds of earth.
(3) Other visual obstructions.
c. Exceptions. The requirements for clear sight triangles shall not apply to:
(1) Freestanding signs when the lower edge of the sign face is at least
eight feet above grade and when there are no more than two posts
or columns, each with a maximum width or diameter of 12 inches,
supporting the sign.
2. Dimensions and Location. Clear sight triangles are right triangles that shall be
measured as follows:
a. The 90-degree angle is formed by the intersection of either:
(1) The intersection of the edges of two roadways as measured at the
edge of their ultimate planned right-of-way; or
4.b
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(2) The intersection of the edge of a private driveway or alley and the
edge of the ultimate planned right-of-way of an intersecting
roadway.
b. The two 45-degree angles of a clear sight triangle shall each be located
as follows:
(1) Roadway intersections - 30 feet from the roadway intersection.
(2) Private driveway or alleyway - ten feet from the intersection.
L.K. Electronic Signs. The city finds and declares that a proliferation of electronic
display signs throughout the city, and especially located on arterial streets pose a
danger to the motoring public because of potential distraction from their change of
message, scale, format, and other physical qualities that differentiate them from
other sign types. Therefore, the City through this Sign Code limits electronic signs
to be displayed only in specified areas of freeway corridors, where the impacts on
driver safety are minimized. All electronic display signs existing in the city as of the
effective date of this ordinance, unless specifically permitted by this Code, are
declared legal nonconforming signs and may continue to operate in accordance
with section 18.80.220 (Nonconforming and abandoned signs) Electronic Signs.
The city finds and declares that electronic display signs pose a danger to the
motoring public because of potential distraction from their change of message,
scale, format, and other physical qualities that differentiate them from other sign
types. All electronic display signs existing in the city as of the effective date of this
ordinance are declared legal nonconforming signs and may continue to operate in
accordance with section 18.80.190 (Nonconforming and abandoned signs).
1. The limitation established by this section shall not apply to manually changeable
copy signs or freeway signs.
2. Signs providing information on fuel price and grade and fueling stations, as
well as signs displaying time and temperature information shall be exempt
from this limitation on electronic display signs. Illumination levels shall
conform to section 18.80.140(A)(3) of this chapter.
Section 18.80.140 Design Standards.
A. General Sign Development and Design Requirements. The following general
design requirements shall apply to permanent on-site signs.
1. Design Compatibility with Building. Signs shall be compatible with the
architectural style of the main building or buildings upon the site where the
sign is located. Signs located on commercial sites, but in a predominantly
residential area, shall consider compatibility with such residential area.
2. Quality of Workmanship and Materials. Signs shall be of a quality
commensurate with professional design standards and shall be constructed of
durable materials designed to withstand the elements. No permanent sign
4.b
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made out of paper, cardboard, cloth, plastic sheeting, or other non-durable
materials shall be permitted. Lettering, logos and other sign content shall be
professionally prepared and shall appear uniform and legible.
3. Sign Illumination. The artificial illumination of signs, either from an internal or
external source, shall be designed so as not to cast stray light on surrounding
rights-of-way and properties. The following requirements shall apply to all
illuminated signs:
a. External light sources shall be directed and shielded to limit direct
illumination of an object other than the sign.
b. The light from an illuminated sign shall not be of an intensity or
brightness that will create glare or other negative impacts on residential
properties in direct line of sight to the sign.
c. Signs exceeding one (1) square foot in size shall not have blinking,
flashing, or fluttering lights, or other illumination devices that have a
changing light intensity, brightness, or color.
d. Colored lights shall not be used at a location or in a manner so as to be
confused or constructed as traffic control devices.
e. Light sources shall utilize energy-efficient fixtures to the greatest extent
possible and shall comply with Title 24 of the California Code of
Regulations. The use of energy efficient lighting features, such as solar-
powered or light-emitting diodes (LED), are encouraged.
4. Landscaping. Each monument, directory and/or freeway sign shall be located
within a planted landscaped area which is of a shape and design that will
provide a compatible setting and ground definition to the sign, incorporating
the following ratio of landscape area to total sign area
a. Monument sign, four square feet of landscaped area for each square
foot of sign area (one side only);
b. Directory sign, two square feet of landscaped area for each square foot
of sign area (one side only)
c. Freeway sign, One square foot of landscaped area for each square foot
of sign area (one side only)
B. Development and Design Standards for Specific Sign Types. In addition to the
general sign design requirements in subsection 18.80.140.A above, the following
requirements shall apply to the specific sign types:
1. Awning and Canopy Signs. Awning and canopy signs may be permitted only
as an integral part of the awning or canopy to which they are attached or
applied and shall be considered wall signs for signage area calculation
purposes. The following requirements shall apply:
4.b
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a. Only permanent signs that are an integral part of the awning or
architectural projection shall be allowed. Temporary signs shall not be
placed on awnings.
b. Awning signs shall only be allowed for first- and second-story
occupancies.
2. Freestanding and Directory Signs. Monument signs shall only be permitted
as follows:
a. Voids between the sign face and the sign structure are prohibited. The
sign face shall utilize the full width of the sign structure or coverings that
are architecturally consistent with the rest of the sign to fill any voids.
b. Materials and design for freestanding signs shall be complementary to
the materials and design of the buildings for the related development.
For example, if the façade of the building is stucco with stone or stone
veneer, a complementary freestanding sign would also include stucco
and stone. Notwithstanding the foregoing, or any other provision of this
Chapter, nothing in this Chapter shall require the alternation of a
federally registered service mark.
c. For freestanding signs in multi-tenant centers, the name of the center
shall not be calculated in the maximum sign area. Rather, the name of
the center shall have a separate maximum sign area of 8 square feet. All
tenant signs shall have a minimum letter height of eight inches (8”). The
maximum number of tenants is 4 tenants on each sign face for centers
with less than 300 feet of street frontage, and 8 tenants for centers with
300 feet or greater of street frontage. The two sign faces of a monument
sign are not required to be identical in terms of tenant identification.
d. Freestanding signs shall be located outside of the clear sight triangle.
3. Freeway signs may identify a maximum of 8 tenants.Freeway signs
a. The maximum allowable number, sign face area and height of any
freeway sign shall be pursuant to section 18.80.130 (Development
Standards for Permanent On-site Signs). When such display area is used
for commercial speech, the copy must qualify as onsite as to the shopping
center or commercial complex.
b. For a commercial complex of 150,000 square feet or more, the maximum
number of signs, sign face area, height of signs, and design criteria shall
be determined by the Planning Commission through a sign program.
c. Freeway signs may identify a maximum of 8 tenants
d. Freeway signs, including freeway electronic message signs, may only be
permitted subject to the approval by the Planning CommissionPlanning
4.b
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Commission. Freeway signs will be permitted when they comply section
18.80.130 (Development Standards for Permanent On-site Signs) and the
following findings can be made:
(i) The proposed sign is located upon the property upon which the use
identified is located;
(ii) The elevation of the freeway in relation to the elevation of the
abutting properties justifies the height requested, and is the
minimum necessary.
(iii) The number and spacing of freeway signs will not cause
unnecessary confusion, clutter or other unsightliness in the general
location.
(iv) The use identified, as well as its type, size and intensity, justifies
the size, design and location of the sign requested.
(v) The needs of the traveling public for identification and directional
information justifies the sign requested.
e. Freeway signs may be electronic message signs and shall be permitted
subject to the following requirements:
(i) No electronic message sign shall be located closer than one
thousand one thousand feet to another electronic message sign.
(ii) Each display shall appear for a period of at least ten seconds.
Displays shall not be animated, appear in incremental stages or
move across the changeable copy sign face. The sign shall remain
blank (no message or display) for at least one second between
separate images.
(iii) The sign shall display only noncommercial messages or onsite
commercial messages, related to those establishments that are
part of the complex or the merchandise or activities available on the
parcels which are part of the commercial complex. The sign shall
not be used as a billboard.
(iv) Electronic message signs shall automatically adjust the brightness
of illumination between night and day
(v) Electronic message signs may not identify commercial uses or
contain commercial message for uses not located on the same site
as the sign. Otherwise, they are considered off-premises signs and
are prohibited by this code.
(vi) The sign shall be reviewed for traffic safety purposes by the City's
Public Works Director as designated by the city manager and shall
4.b
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comply with any and all safety standards as prescribed by the State
of California. Such reviews shall not consider message content.
3.4. Projecting Signs. Projecting signs shall be considered wall signs for the
purposes of sign area calculations. Projecting signs shall only be permitted as
follows:
a. Location. Projecting signs shall be placed only on ground-floor façades,
except for businesses located above the ground level with direct exterior
pedestrian access.
b. Angle of projection. Projecting signs shall either be located at right
angles to the building front along the building façade or, when located on
the corner of a building, at a 45-degree angle to the corner of the
building.
c. Height. The lowest point the sign shall be a minimum of 8 feet above
grade.
d. Projection. The sign may project a maximum of 4 feet from the building.
e. Suspension. The sign shall be suspended with a clear space of no more
than 12 at least 6 inches between the sign and the building.
f. Sign structure. Sign supports and brackets shall be compatible with the
design and scale of the sign.
g. Encroachment. Projecting signs shall not encroach into the public right-
of-way or easements or be located above it, or into a designated
emergency vehicle/fire access lane.
h. Spacing. Projecting signs shall be spaced to maximize the visibility of
signage.
4.5. Wall Signs.
a. Wall signs shall be compatible with the predominant visual architectural
elements of the building façade.
b. Wall signs shall not project more than 12 inches from the building
façade.
c. Wall sign raceways shall be concealed from public view (e.g., within the
building wall or otherwise integrated with the design of the sign and
building) so as to not detract from the architectural character of the
building.
d. Letter types are limited to the following:
(i) Channel letters
4.b
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(ii) Reverse channel letters
(iii) Foam letters with a hard surface
(iv) Sculpted cabinet or contour signs
e. Signage containing multiple elements (e.g., logo and text) on one façade
shall be designed so that the multiple elements are located and scaled in
relationship to each other.
6. Neon Signs. Neon signs are only permitted as identified in section 18.80.150
(Window signs).
7. Window Signs. Window signs are ply permitted as identified in section
18.80.180 (Window signs).
Section 18.80.150 Development standards for permanent on-site signs.
The provisions in this section provide the development standards for on-site signs on
private property. Regulations are listed based upon zoning district and sign type.
A. Format and Organization of Standards. The signage standards listed below are
summarized, where applicable, in table format for ease of use and organization.
Concepts described in these tables are as follows:
1. Sign Area Allowance. Allowable sign area is either a set square footage per
establishment or is based on a ratio of allowable sign area to building
frontage (e.g., one square foot of sign per one lineal foot of building frontage,
or 1 sqft:1 lf). Where a ratio is described, it applies to the maximum
permissible sign area listed in this section.
2. Mixed-Use Zoning Districts. In mixed-use zoning districts, signage for
residential uses shall be consistent with the standards for residential zoning
districts (e.g., as if the development were in a residential zoning district). For
nonresidential uses, signs shall be consistent with the standards for
commercial and office zoning districts.
B. All signs shall conform to applicable provisions of section 18.80.140 Design
standards.
4.b
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Table 18.80.150-1 Sign Standards in Residential Zones
Class Type
Development Standards (2)(3)
Maximum
number
Maximum
area
Maximum
sign height Location
Subdivision
ID sign(1)
Wall 2 per
development
12 sqft 6 ft
Perimeter
wall
Monument 24 sqft 5 ft from
property line
Multi-family <
12 units
Wall
1 wall or
monument
sign per
street
frontage, 2
max
12 sqft
Below
roofline or 20
ft, whichever
is less
Building wall
Monument 6 ft 5 ft from
property line
Multi-family >
13 units
Wall
1 wall or
monument
sign per
street
frontage, 3
max
24 sqft
Below
roofline or 20
ft, whichever
is less
Building wall
Monument 6 ft 5 ft from
property line
School or
other
Wall 1 per site 20 sqft
Below
roofline or 20
ft, whichever
is less
Building wall
Monument 1 per site 24 sqft 6 ft 5 ft from
property line
Remarks: (1) Sign shall not be internally illuminated
(2) Ongoing maintenance entity required
(3) Subject to section 18.80.140 Design standards
4.b
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Table 18.80.150-2 Sign Standards in AP Zone District
Class Type
Development Standards(1)
Maximum number Maximum
area
Maximum
sign height Location
Single Tenant Facilities
Business
Identification
Wall
1 per
street or
parking
lot
frontage
Max.
3
total
signs
1 sqft:1 lf,
max. 50 sqft.
Below
roofline or
20 ft,
whichever is
less
Parapet, or
canopy
Monument
1 per
street or
frontage
24 sqft 6 ft.
5’ from
property line
Min. 100’
street
frontage
Multi-Tenant Facilities
Business
Identification
Wall 1 per street
frontage
1 sqft:1ft,
max. 40 sqft.
Below
roofline or
20 ft,
whichever is
less
Not
specified
Monument 1 per street
frontage 24 sqft. 6’ 5’ from
property line
Nameplate(2) 1 per tenant 4 sqft. 8’
Adjacent to
tenant
entrance
Business
Directory
Wall or
monument
To be determined
by the Director 15 sqft 6’ Outside of
setbacks
Remarks: (1) Subject to section 18.80.140 Design standards
(2)Signs shall not be illuminated
4.b
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Table 18.80.150-3 Sign Standards in C2 and CM Zone Districts
Class Type
Development Standards(3)
Maximum number Maximum
area
Maximum
sign height Location
Single Tenant Facilities
Business
Identification
Wall or
canopy
1 single
faced per
street
frontage Max 3 per
business
Max. 3
total
signs
1 sqft:1 lf,
max. 100
sqft.
Below
roofline or
20 ft,
whichever
is less
Parapet or
canopy
Monument 1 per street
or frontage
24 sqft
(may be
double-
faced)
6’
5 ‘from
property
line
Min. 100’
street
frontage
Freeway(1) 1 per site
75 sqft
(may be
double-
faced)
50’
5’ from
property
line
Multi-tenant Facilities
Business
Identification
Monument
1 double
faced per
street
frontage Max. 3
total
signs
(2)(3) 8’
5’ from
property
line
Freeway(1)
1 per
commercial
center
100 sqft(2)(3) 75’
5’ from
property
line
Wall or
canopy
1 single
face per
street or
parking lot
frontage.
Max. 2
per
business
1 sqft:1 lf
(75 sqft.
max.)
Below
roofline or
20 ft,
whichever
is less
Parapet or
canopy.
Business
Directory
Wall or
monument
To be determined by
the Director 15 sqft 6’ Outside of
setbacks
Remarks: (1) Subject to Site and Architectural Review and Conditional Use Permit; shall only
be permitted within 250 feet of the right of way of Interstate 215
(2) 24 sft. to 36 sf <300’ of street frontage; 24 sf. to 60 sq if >.300’ or greater of
street frontage
(3) Subject to section 18.80.140 Design standards
4.b
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Table 18.80.150-4 Sign Standards in MR and M2 Zones
Class Type
Development Standards(3)
Maximum number Maximum
area
Maximum
sign height Location
Single Tenant Facilities
Business
Identification
Wall or
canopy
1 single
faced per
street
frontage
Max 3 per
business
Max. 3
total
signs
10% of
building
face, 100
sqft. max
Below
roofline or
20 ft,
whichever
is less
Parapet or
canopy
Monument 1 per street
frontage
24 sqft
(may be
double-
faced)
6’
5 ‘from
property
line
Min. 100’
street
frontage
Freeway(1) 1 per site
75 sqft
(may be
double-
faced)
50’
5’ from
property
line
Multi-tenant Facilities
Business
Identification
Monument
1 double
faced per
street
frontage Max. 3
total
signs
24 sqft
32 sqft if
300’ or
greater
street
frontage
6’
5 ‘from
property
line
Min. 150’
street
frontage
Freeway(1)
1 per
commercial
center
75 sqft(2) 75’
5’ from
property
line
Wall or
canopy
1 single
face per
street or
parking lot
frontage.
Max. 2
per
business.
10% of
building
face, 150
sqft. max
Below
roofline or
20 ft,
whichever
is less
Parapet or
canopy.
Business
Directory
Wall or
monument
To be determined by
the Director 15 sqft 6’ Outside of
setbacks
Remarks: (1) Subject to Site and Architectural Review and Conditional Use Permit; shall only
be permitted within 250 feet of the right of way of Interstate 215
(2) May only identify 2 tenants
(3) Subject to section 18.80.140 Design standards
4.b
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Table 18.80.150-5 Sign Standards for Service Station Uses(1)
Class Type
Development Standards(2)
Maximum number Maximum
area
Maximum
sign height Location
Identification
and Pricing
Wall
1 per
street
frontage
Max 2 Max. 3
total
signs
10% of
building
face, 30 sqft
max
Below
roofline or
20 ft,
whichever
is less
5‘ from
property line
Monument(3)
1 per
street
frontage
Max 2
24 sqft for
identification
12 sfqftfor
price sign
8’ 5’ from
property line
Special
Service
Fuel canopy
or ground
One for each island,
4 max.
2 sf 8’ if
mounted,
on pole of
canopy
3’ if
ground
sign
5‘ from
property line
Special
Advertisement
Window or
ground
2 per station. 6 sf 6’ 5‘ from
property line
Remarks: (1) Additional tenants shall comply with the multiple tenant provisions of the
applicable zone district
(2) Subject to section 18.80.140 Design standards
(3) The identification and price signs shall be integrated into the design of the
monument sign.
C. Menu/Order Board Signs for Drive-In and Drive-Through Uses. In addition to the
signage permitted in the zone district the use is located, each drive-in or drive-
through use is permitted two (2) menu/order board signs per drive-through lane.
The maximum height for a menu/order board sign shall be 8 (eight) feet and the
maximum area allowed is 50 square feet. No alterations or additions (e.g., rider
signs) along the exterior of the menu/order board sign are permitted.
D. Directional Signs for Drive-In and Drive Through Uses. In addition to the signage
permitted in the zone district the use is located, each drive-in or drive-through use
is permitted directional signs, for the purpose of indicating the locations of ingress
and egress points, parking locations, drive-through lanes, and other similar
advisory information for the purpose of promoting traffic safety by directing
vehicles off of streets and highways in a safe and orderly manner. Such signs
contain the words "entrance," "enter," "exit," "in," "out" or other similar words or a
4.b
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sign containing arrows or characters indicating traffic direction and used either in
conjunction with such words or separately. Directional signs shall be limited in
number to four signs, or three signs per frontage for any business premises that
has more than one frontage. The maximum dimensions for such signs shall not
exceed two square feet in area per sign and three feet in height to the top of the
sign.
Section 18.80.160 Temporary on-site signs, residential.
The following signs are permitted, without a permit from the City, in residential zones:
A. Temporary non-commercial signs.
On each residentially zoned parcel in the City, the owner or occupant, or other
party with the permission of the owner and/or occupant may display temporary
signage displaying any non-commercial message subject to the following rules:
1. Individual signs shall be no larger than six (6) square feet;
2. The total square footage of signage displayed under this section shall not
exceed twelve (12) square feet.
3. If temporary signs posted under this section pertain to a specific event,
they shall be taken down within 5 days after the event occurs. If they are
not removed by this deadline, the City may remove the signs after giving
twenty-four hours’ notice to the homeowner that the sign is displayed in
violation of this subsection.
B. Temporary signs displayed during one-time event.
1. The owner or occupant of a residential parcel may also display an
additional temporary sign containing any commercial or non-commercial
message for up to 72 hours during the occurrence of a one-time event
held at the property. The sign must be removed within 24 hours after the
one-time has concluded. The city may summarily remove a sign
displayed in violation of this subsection.
Section 18.80.170 Temporary on-site signs, non-residential zones.
A. The following temporary on-site signs are permitted in all nonresidential zones
subject to the following rules.
1. The business must have permanent wall or freestanding signage, except that
new businesses may apply a for temporary sign while permanent sign permits
are being processed.
2. Each business may display one temporary sign for not more than 120 days in
any one calendar year, whether displayed consecutively or intermittently. If
4.b
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run intermittently, display shall be in 60 day intervals. A one-time 30 day
extension may be granted. At the end of the calendar year any time
remaining shall be forfeited.
3. Off-site temporary signs are prohibited, except as permitted in this chapter.
4. Temporary signs shall not be illuminated.
5. Signs shall not impede or obstruct pedestrian walkways or parking spaces;
nor shall they obstruct clear sight triangles.
6. Signs shall be cleaned, updated and/or repaired, as necessary, to maintain
an attractive appearance and to ensure safe operation of the sign.
Unacceptable sign conditions include broken or missing sign faces, broken or
missing letters, chipped or peeling paint, and missing or broken fasteners.
Failure to respond to a written request from the city to perform maintenance
work shall result in revocation of the sign's permit.
7. Temporary signs may not be affixed to utility poles, fences, trees, rocks,
permanent signs, awnings or decorative elements of landscaping.
8. Temporary signs shall not be counted towards the total allowable sign area
for a use.
B. In addition, the following provisions apply to banners:
1. The maximum area of a banner shall not exceed 25 square feet.
2. Where a business occupies a building or tenant space that is located a
minimum of one hundred (100) feet from the property line facing the public
street, the maximum area of the banner shall not exceed 32 square feet.
3. Banners shall be attached to the wall of the building to which it relates and
shall not extend above the roof or eave line.
4. Banners shall not be hung from poles, trees, awnings, eaves or similar
structures. Banners shall be hung with permanent attachments, such as bolts
or screws. Banners shall not be tied to a structure with rope, string, twine, or
similar materials.
C. In addition, the following apply to feather banners (flag signs):
1. The maximum area of a flag sign shall not exceed 25 square feet.
2. No portion of a flag shall extend closer than 3 feet to the property line.
3. The height of the flag shall not exceed 8 feet.
4. Flag signs shall maintain a 5 foot separation from other signs.
5. Feather banners shall be allowed for multiple family uses.
4.b
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D. In addition, the following shall apply to portable signs:
1. The maximum area of a portable sign shall not exceed 12 square feet.
2. No portion of a portable sign shall extend closer than 3 feet to the property
line.
3. The height of the portable sign shall not exceed three 3 feet.
4. A 5 foot separation from any other sign shall be maintained.
E. In addition, the following shall apply to human advertisement signs:
1. Signs held by hand or personally attended to when on private property and
consistent with the following requirements:
a. The maximum aggregate size of all signs held or personally attended by a
single person is twelve (12) square feet. For purposes of this rule, apparel
and other aspects of personal appearance do not count toward the
maximum aggregate sign area.
b. The maximum size of any one sign which is held or personally attended by
two (2) or more persons is twenty-five (25) square feet, measured on one
side only.
c. The sign must have no more than two (2) display faces and may not be
inflatable or air-activated.
d. Persons displaying signs under this Section may not stand in any
vehicular traffic lane, within clear sight triangles, or sidewalks, or
anywhere on public property as per section 18.80.50 (D) above.
Section 18.80.180 Window Signs
A. Commercial and industrial zoning districts shall be permitted to display window
signs, subject to the following regulations:
1. No permit is required for window signs. Provided that, any business that is
found to have window signs not in conformance with this section may be
required to obtain permits for all window signs for a period of 12 months
following the violation to ensure compliance with the provisions of this section.
2. The business must have permanent wall or freestanding signage.
3. Opaque windows are prohibited.
4.3. No time limit is placed on the display of window signs.
5.4. A window sign includes any interior sign within three feet of a window which is
visible from the exterior of the business.
4.b
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6.5. Window area shall be computed by calculating each window pane or panel.
The area shall be separate for each building face and for each window. A
group of window panes or panels may be considered one window if they are
adjoining on the building face and are less than 6 inches apart.
7.6. Window signs may cover no more than 25% of the total transparent window
area of the business, as defined in subsection 6 of this section.
8.7. Window signs shall not be illuminated except for signs constructed of neon
tube letters and/or symbols. In such instances, window signs may include up
to two neon signs per business.
9.8. Signs shall be cleaned, updated and/or repaired as necessary to maintain an
attractive appearance and to ensure safe operation of the sign. Unacceptable
sign conditions include broken or missing sign faces, broken or missing
letters, chipped or peeling paint, and missing or broken fasteners. Failure to
respond to a written request from the city to perform maintenance work shall
result in code compliance action.
Section 18.80.190 Temporary on-site subdivision signs
A. Temporary on-site subdivision signs require issuance of a sign permit and shall be
permitted in all districts as follows:
1. One temporary on-site freestanding of sign, not to exceed 32 square feet per
side, maximum of two sides 64 square feet total, and a total overall height of
15 feet, may be permitted per street frontage of the boundary of the project,
not to exceed two signs for all phases of any subdivision
2. A maximum of 6 flags with a maximum sign area of 15 square feet per flag,
not to exceed 15 feet in height is permitted.
3. All signs shall be permitted for 12 months, and may be extended for an
additional 12 months, except that within 10 days after all lots in the
subdivision are sold, all signs must be removed.
4. Signs shall not be illuminated.
5. Signs shall be maintained in good repair at all times.
6. A cash deposit of $500.00 per sign shall be deposited with the sign
application to ensure compliance with this chapter and removal of such sign,
as necessary. The deposit shall be refunded to the applicant upon sign
removal. If the city causes the removal of any sign for a violation of this
section, the cost of removal shall be deducted from the deposit.
Section 18.80.190200 Off-site signs.Temporary off-site subdivision directional
signs
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A. Purpose. The purpose of this section is to provide signage opportunities for those
businesses that have limited opportunities for on-site signage due to their location
or nature of business.
B. Applicability. Permitted businesses with a physical location inside the City limits
located over 1,000 feet from the Barton Road corridor, as measured from the right
of way line, may construct off-site signs subject to an approved Sign Program.
C. Off-Site Directional Signs. This section rescinds the Freestanding Residential
Subdivision Directional Sign Program established by Resolution No. ___ adopted
by the City Council.
D. General Requirements
1. A sign program shall be submitted that includes a sign location plan showing the
site of each directional sign and that demonstrates compliance with this
section shall be submitted to the Planning Department prior to the issuance of
the Sign Permit.
2. Individual signs shall not be larger than nine (9) square feet, eight feet (8’) in
height, and attached to a City-approved sign stand.
3. Up to four off-site signs may be permitted.
4. Signs shall be limited to no more than three (3) structures on the same side of
the street and shall not be located within 100 feet of another freestanding sign
structure, or within six hundred (600) feet of another off- site directional sign.
5. Signs shall be located outside of clear sight triangles.
6. Directional sSigns shall not be placed on collector or local streets.
7. Signs may be constructed on improved or unimproved property along major
and secondary highways, as designated in the General Plan.
8. Signs proposed on private property shall have the property owner’s written
permission; signs proposed within the public right-of-way shall obtain subject
to an encroachment permit.
9. The licensee or holder of an encroachment permit shall indemnify and hold
the City, and its officers and employees, harmless of all costs, claims and
damages levied against them
10. Signs shall not obstruct the use of sidewalks, walkways, and bike lanes and
shall not obstruct the visibility of motorists, pedestrians of traffic control signs.
11. Sign panels shall not be internally illuminated.
12. Sign structure installations shall include “break away” design features.
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13. No signs, pennants, flags or other devices for visual attention or other
appurtenances shall be placed on the directional signs.
14. The design of all off-site directional signs shall be consistent throughout the
city. Sign lettering used for identification panels shall be uniform in style and
size.
15. Damaged, torn, defaced or faded signs shall be removed or replaced within
24 hour notice. Failure to maintain signs shall result in revocation of permits
to place off-site signs.
Off-site subdivision directional signs shall be permitted in any district as follows:
A. Panel and sign structure design shall be approved by the community development
directorDirector, pursuant to city council resolution setting forth design criteria. The
sign structure shall not exceed eight (8) feet in height and five (5) feet in width.
Each sign panel shall not exceed ten (10) inches in height.
B. A sign structure shall be located not less than 600 feet from an existing or
previously approved sign site. Further, each sign panel may only contain the name
of the subdivision and a directional arrow.
C. The placement of each sign structure shall be reviewed and approved by the
community development directorDirector.
D. All signs are to be placed on private property or city right-of-way with written
consent of the property owner or a city encroachment permit obtained and filed
with the department of building and safety prior to issuance of a permit.
E. Any such sign approved for a particular subdivision within the city shall not be
changed to advertise another subdivision without approval of the community
development directorDirector.
F. There shall be no additions, tag signs, streamers, devices, display boards or
appurtenances added to the signs as originally approved. Further, no other
directional signs may be used, such as posters or trailer signs.
G. All nonconforming subdivision directional signs associated with the subdivision in
question must be removed prior to the issuance of a new sign permit.
H. No subdivision signs shall be erected advertising subdivisions located outside the
city limits.
I. The signs shall be allowed until the subdivision is sold out or for a period of twelve
months, whichever comes first. Extensions of this twelve-month time limit can be
approved by the community development directorDirector in cases of hardship.
J. All subdivision signs shall be subject to provisions established by city council
resolution.
4.b
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Section 18.80.200 Temporary Use and Special Event Signs
A. Temporary Use and Special Event Signs
1. The organizer, owner, operator, or authorized representative of an
organization, company, association or other group, that holds or sponsors a
one-time special event or temporary use within the City and does not have a
fixed business location within the City may request permission to display
temporary signage as permitted by this Section as part of the approval of a
temporary use or special event permit. Temporary uses include but may not
be limited to seasonal activities such as holiday tree sales, sales of pumpkins,
parking lot sales, and small-scale arts and crafts sales. Special events
include but are not limited to circuses, carnivals, festivals, outdoor concerts,
bicycle races, marathons, car shows, and other activities similar in scope and
nature.
2. Signs for temporary uses shall be limited to one per use and shall be located
on-site. Signs for special events shall not exceed four per event and may be
located on- or off-site, with proof of property owner permission. The sign area
for each sign shall not shall not exceed twenty-four (24) square feet and the
top of the sign shall not be placed higher than eight feet above grade.
3. Permitted sign types for special events include the following, provided they do
not obstruct or interfere with pedestrian or vehicular traffic:
a. Pennants and streamers;
b. Balloons and inflatable signs;
c. Beacons;
d. Banners, including feather banners;
e. Portable freestanding signs, such as A-frames.
4. Temporary signs permitted under this Section for organizers, owners,
operators, or authorized representatives of an organization company,
association or other group holding or sponsoring a special event, may be
displayed no more than thirty (30) days prior to the special event and shall be
taken down no later than five (5) days after the event. Temporary signs
permitted under this section for organizers, owners, operators, or authorized
representatives of an organization, company, association or other group for
temporary uses may be displayed only during the duration of the temporary
use.
Section 18.80.210 Parking of advertising vehicles.
A. Definitions. For purposes of this section, the following words or phrases shall have
the following meanings:
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1. Convey. To drive, carry, pull, or otherwise transport.
2. Mobile billboard advertising display. An advertising display that is attached to
a vehicle or any other mobile, non-motorized device, conveyance, or bicycle
that carries, pulls, or transports a sign or billboard and is for the primary
purpose of advertising.
B. No person shall park or convey any mobile billboard advertising display as defined
herein, either standing alone or attached to a motor vehicle, upon any public street
or public lands in the City of Grand Terrace.
C. Removal of Mobile Billboard Advertising Displays Authorized. Pursuant to Section
22651 (v) and (w) of the California Vehicle Code, a peace officer, or any regularly
employed and salaried employee of the City, who is authorized to engage and is
engaged in directing traffic or enforcing parking laws and regulations, may remove,
or cause to be removed, the mobile billboard advertising display, or anything that
the mobile billboard display is attached to, including a motor vehicle, located within
the territorial limits of the City when the mobile advertising display is found upon
any public street or any public lands, if all of the following requirements are
satisfied:
1. When a mobile billboard advertising display either standing alone or attached
to a motor vehicle, is parked or left standing in violation of this Code, and the
registered owner of the vehicle or display was previously issued a warning
notice or citation for the same offense;
2. A warning notice or citation was issued to a first-time offender at least 24
hours prior to the removal of the vehicle or display. The City is not required
pursuant to Section 22651(v)(2) and Section 22651(w)(2) of the California
Vehicle Code to provide further notice for a subsequent violation prior to
enforcement; and
3. The warning notice or citation advised the registered owner of the vehicle or
display that he or she may be subject to penalties upon a subsequent
violation of the ordinance that may include removal of the vehicle or display.
D. Permanent Advertising Signs Excepted. Pursuant to Section 21100(p)(2) and
(p)(3) of the California Vehicle Code, this section does not apply to advertising
signs that are permanently affixed in a manner that is painted directly upon the
body of a motor vehicle, applied as a decal on the body of a motor vehicle, or
placed in a location on the body of a motor vehicle that was specifically designed
by a vehicle manufacturer for the express purpose of containing an advertising
sign, such that they are an integral part of, or fixture of a motor vehicle for
permanent decoration, identification, or display and that do not extend beyond the
overall length, width, or height of the vehicle.
E. Post Storage Impound Hearing. Section 22852 of the California Vehicle Code
applies to this Section with respect to the removal of any mobile billboard
advertising display vehicle. Section 22852 is incorporated by reference as if set
4.b
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forth in full herein and provides, in summary, that whenever an authorized
employee of the City directs the storage of a vehicle, the City shall direct the
storage operator to provide the vehicle’s registered and legal owner(s) of record, or
their agent(s), with the opportunity for a post-storage hearing to determine the
validity of the storage. Notice of the storage shall be mailed or personally delivered
to the registered and legal owner(s) within 48 hours, excluding weekends, as
specifically provided for under Section 22852 of the California Vehicle Code. To
receive a post-storage hearing, the owner(s) of record, or their agent(s), must
request a hearing in person, in writing, or by telephone within ten days of the date
appearing on the notice. The City may authorize its own officer or employee to
conduct the hearing as long as the hearing officer is not the same person who
directed the storage of the vehicle.
F. Violation – Penalties. After the initial warning citation, a subsequent violation of this
Section is a misdemeanor, punishable upon conviction by a fine of not less than
Two Hundred Fifty Dollars ($250), nor more than One Thousand Dollars ($1,000),
or by imprisonment in the county jail for not more than six months, or by both fine
and imprisonment. At the discretion of any person duly authorized by the Chief of
Police to issue a citation for any violation of this section, or the Grand Terrace City
Attorney’s Office, a violation of this section may be an infraction enforced through
the parking penalty process set forth in Section 40200 et seq. of the California
Vehicle Code. The city council may establish from time to time by resolution an
increase in the amount of the fine.
Section 18.80.220 Nonconforming Signs and Abandoned Signs
A. Nonconforming Signs.
1. Except as otherwise provided by this section, all existing signs which do not
meet the requirements of this chapter shall be deemed nonconforming signs
and shall either be removed or brought into compliance with this chapter
when a substantial alteration to the sign is made. Change of copy shall not
be deemed a substantial alteration.
2. For purposes of this section, a “substantial alteration” shall be defined as
repair or refurbishing of any sign that alters its physical dimensions or height,
or replaces any integral component of the sign including, but not limited to,
alterations to exterior cabinets, bases, or poles. In addition, substantial
alteration shall also include any repair or refurbishing of a sign that exceeds
50% of the depreciated value of the sign and structure, but excepting
customary maintenance.
3. “Customary maintenance” shall be defined as any activity or work performed
for the purpose of actively maintaining the sign in its existing approved
physical configuration and size dimensions at the specific location approved
by the City and includes the following:
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a. Repainting the sign text, cabinet, or other component of the sign without
changing the advertising message; or
b. Routine replacement of border and trim with substantially the same
colors and materials.
4. A nonconforming sign may remain in use provided no additions or
enlargements are made thereto and no structural alterations are made
therein, except as permitted for customary maintenance in subsection
18.80.100.I (Maintenance Requirements) of this chapter.
B. Abandoned Signs. Abandoned signs may be abated by the city. For regulatory
purposes, any factors indicating abandonment shall not begin occurring until 120
days after the effective date of this ordinance.
Section 18.80.230 Compliance with Sign Code as Condition of Permit Approval
Any existing legal nonconforming sign may be required to be brought into compliance
with current applicable code requirements, or removed as a condition of approval of any
redevelopment, building, conditional use, or other permit or approval required under any
provision of the Grand Terrace Municipal Code for the same property where the
nonconforming sign is located, so long as a nexus exists between the permit or
approval and the sign that must be removed or brought into compliance.
Section 18.80.240 Penalty
Any violation of or failure to comply with the provisions of this chapter may be enforced
pursuant to Chapter 1.16 of the Grand Terrace Municipal Code and by another other
procedure authorized by law.”
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SECTION 2.. Section 5.40.070 (Signs) of Chapter 5.40 (Garage Sales) of Title 10
is revised to read as follows:
“Section 5.4.070 Signs
A. Signage advertising garage sales are considered commercial signage permitted
by section 18.80.160, subdivision (B) “Temporary signs displayed during one-time
event” of this Code and shall comply with all the requirements.
B. Signs may be not placed on public property or in the public right-of-way in
violation of Section 18.18.050 of this Code.”
SECTION 3. 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 4. Any provision of the Grand Terrace Municipal Code or appendices
thereto that are inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to the extent necessary
to effect the provisions of this Ordinance.
SECTION 5. If any provision or clause of this ordinance or the application thereof
to any person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or clauses
or applications of this ordinance which can be implemented without the invalid provision,
clause or application; and to this end, the provisions of this ordinance are declared to be
severable.
SECTION 6. First read at a regular meeting of the City Council held on the 26th
day of April, 2016, and finally adopted and ordered posted at a regular meeting of said
City Council on the ___ of _______, 2016.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
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April 14, 2016 Page 52 of 52
I, Pat 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 ____ of _____, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
Approved as to form:
___________________________________
Richard L. Adams, II
City Attorney
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Adopt Ordinance No. 295 Amending Chapter 5.12 of City of
Grand Terrace Municipal Code (Cable Television
Franchises)
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Read by title only and waive further reading and adopt
Ordinance No. 295 an Ordinance of the City Council to
amend the Grand Terrace Municipal Code by replacing
Chapter 5.12 Governing Cable Television Franchises.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensure Our Fiscal Viability by identifying additional
revenue and resources.
BACKGROUND:
On April 12, 2016, the City Council introduced Ordinance No. 295 an Ordinance of the
City Council to amend the Grand Terrace Municipal Code by replacing Chapter 5.12
Governing Cable Television Franchises.
The Council introduced the ordinance as presented, without any changes, and it is now
before the Council for adoption.
FISCAL IMPACT:
Revenues provided by a 1% PEG fee would fund capital costs of providing public,
education, and government programming, including equipment replacement associated
with video cable government access. The 5% franchise fee remains unchanged.
APPROVALS:
G. Harold Harold Duffey Completed 04/20/2016 5:46 PM
City Attorney Completed 04/20/2016 5:57 PM
Finance Completed 04/21/2016 10:05 AM
City Manager Completed 04/21/2016 11:56 AM
City Council Pending 04/26/2016 6:00 PM
5
Packet Pg. 124
DIVCA vs. Federal Communication Policy Act of 1984 as Amended (Cable Act)
Relationship of PEG Funding to Franchise Fees
DIVCA Federal Cable Act Notes
Franchise Fees: Franchise Fees: The relationship of franchise fees to PEG
A state franchise fee shall be Section 622(g)(2)(C) of the fees becomes clear when one looks at this
the amount paid by the Cable Communication language side-by-side. Under DIVCA, PEG
incumbent cable operator. Policy Act states that fees must be used in a manner "consistent
If there is no incumbent funding for PEG access that with federal law". The federal Cable Act
operator or after such time was in franchises granted places a limitation on how PEG fees can be
that the local franchise and in effect BEFORE used if they are to be considered fees that
expires, the franchise fee October 30, 1984 shall be are over and above the 5% franchise fee
shall be 5% of gross provided in addition to any ceiling.
revenues (as defined in franchise fees.
Section 5860), unless the PEG access funding in The Cable Act does not define capital costs
local government adopts an franchises granted AFTER or services costs. This has left a large
ordinance setting the October 30, 1984 that is degree of uncertainty about what
amount of the franchise fee over and above the 5% assessments franchising authorities may
at less than 5. franchise fee ceiling may impose on cable franchises over and above
only be used for capital the franchise fee.
PEG Fees: purposes.
A local government may, by In states where local governments have
ordinance, establish a fee to retained the authority to grant franchises,
support PEG channel there continue to be local negotiated
facilities consistent with franchises agreements where a cable
federal law. If no such fee operator agrees that PEG funds can be
exists, the local government used for operating purposes and is
may establish the fee at any excluded from the 5% franchise fee ceiling.
time. The fee shall not This has most commonly happened as part
exceed 1 percent of the of a settlement for certain franchise
holder's gross revenues. noncompliance issues.
Notwithstanding this (This is why in DIVCA we see the
limitation, if, on December "notwithstanding" clause in the PEG fee
31, 2006, a local section (5870(n). This clause relates to
government is imposing a California cities which had local franchises
separate fee to support PEG that were in effect prior to the passage of
channel facilities that is in DIVCA that had PEG funding in excess of
excess of 1 percent, the local 1% of gross revenues and who were using
government may, by that funding for PEG support activities. )
ordinance, establish a fee no
greater than that separate Since local governments no longer grant
fee, and in no event greater franchises in California, this opportunity is
than 3 percent, to su pport no longer available in California.
PEG activities.
ATTACHMENT I 5.a
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Public, Educational, and Governmental Access Channels ("PEG Channels") I Federal Co... Page 1of2
Federal
Communi~ations
Comm.1ss1on
Home I Media I Documents. Reports and Surveys I
Public, Educational, and
Governmental Access Channels
("PEG Channels")
Pursuant to Section 611 of the Communications Act, local franchising authorities may require cable
operators to set aside channels for public, educational, or governmental ("PEG"} use.
Public access channels are available for use by the general public. They are usually administered either
by the cable operator or by a third party designated by the franchising authority.
Educational access channels are used by educational institutions for educational programming. Time
on these channels is typically allocated among local schools, colleges and universities by either the
franchising authority or the cable operator.
Governmental access channels are used for programming by local governments. In most jurisdictions,
the local governments directly controls these channels.
PEG channels are not mandated by federal law, rather they are a right given to the franchising
authority, which it may choose to exercise. The decision whether to require the cable operator to carry
PEG channels is up to the local franchising authority. If the franchise authority does require PEG
channels, that requirement will be set out in the franchise agreement between the franchising authority
and the cable operator.
Franchising authorities may also require cable operators to set aside channels for educational or
governmental use on institutional networks, i.e., channels that are generally available only to
institutions such as schools, libraries, or government offices.
Franchising authorities may require cable operators to provide services, facilities, or equipment for the
use of PEG channels.
In accordance with applicable franchise agreements, local franchising authorities or cable operators
may adopt on their own, non-content-based rules governing the use of PEG channels. For example:
https ://www.fee.gov/med ia/pub lic-educational-and-governmental-access-channels-peg-chan... 4/6/2016
5.a
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Public, Educational, and Governmental Access Channels ("PEG Channels") I Federal Co... Page 2 of 2
• Rules may be adopted for allocating time among competing applicants on a reasonable basis
other than the content of their programming.
• Minimum production standards may be required.
• Users may be required to undergo training.
Federal law permitted a cable operator to prohibit the use of a PEG channel for programming that
contains obscene material, sexually explicit conduct, indecency, nudity, or material soliciting or
promoting unlawful conduct. However, the U.S. Supreme Court determined that this law was
unconstitutional. Therefore, cable operators may not control the content of programming on public
access channels with the exception that the cable operator may refuse to transmit a public access
program, or a portion of the program, which the cable operator reasonably believes contains obscenity.
PEG channel capacity that is not in use for its designated purpose may, with the franchising authority's
permission, be used by the cable operator to provide other cable services. Franchising authorities are
directed by federal law to prescribe rules governing when this use is permitted.
For additional information
Any questions or comments about PEG channels on a particular system should be directed to the cable
operator or the local franchising authority, and not to the Federal Communications Commission. The
name and telephone number of your franchising authority should appear on your cable bill, or should
be available through your cable operator. With very limited exceptions, the Federal Communications
Commission is not responsible for enforcing the federal statute governing PEG channels.
-FCC -
For more information pertaining to the Media Bureau, please call: (202) 418-7200.
FCC (/)> Media Bureau (!media-bureau)
Tags:D
Television (!tags/television)
Cable Television (!tags/cable-television>
Indecent Programming Vtags/indecent-programming-Ol
Updated: Wednesday, December 9, 2015 -2:1 Spm
Bureau/Office: D
Media Bureau (https://www.fcc.gov/medial
https ://www.fee.gov/media/pub! ic-ed ucational-and-governmental-access-channels-peg-chan... 41612016
5.a
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Page 1 of 4
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY REPLACING CHAPTER 5.12
GOVERNING CABLE TELEVISION FRANCHISES.
WHEREAS,In 2006, the California Legislature adopted Assembly Bill 2987 establishing the
Digital Infrastructure and Video Competition Act (“DIVCA”) under California Public Utilities
Code Section 5800 et seq., ending local control of cable franchising and vesting sole authority to
issue franchises to the California Public Utility Commission; and
WHEREAS, under DIVCA, the City may, by ordinance, enforce regulations against video
providers holding a state franchise (“State Video Franchise Holders”); and
WHEREAS, DIVCA also provides that State Video Franchise Holders operating within City
shall pay to City certain fees, including a franchise fee and a fee for public, education, and
governmental (“PEG”) purposes, if established by City ordinance; and
WHEREAS, DIVCA also allows City to establish and enforce penalties for violations of the
customer service rules by State Video Franchise Holders;
WHEREAS, The purpose of this Ordinance is to implement the provisions of DIVCA and
thereby preserve, to the fullest extent permitted by law, the rights and authority of the City with
respect to the provision of video services within its jurisdictional limit.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
ORDAINS AS FOLLOWS:
SECTION 1. That the City Council of the City of Grand Terrace does find, determine, and
declare that the Recitals set forth herein are true and correct and are incorporated herein as
findings of the City Council.
SECTION 2. That the Grand Terrace Municipal Code be amended by repealing Chapter 5.12
(CATV) in its entirety and replacing it with the following:
“Chapter 5.12 –VIDEO FRANCHISES
5.12.010.Purpose and Authority.
This Chapter is designed to regulate video service providers holding State video
franchises and operating within the City. Under State law effective January 1, 2007, the
California Public Utilities Commission has the sole authority to grant state video service
franchises pursuant to the Digital Infrastructure and Video Competition Act of 2006 (hereinafter
“DIVCA”). Pursuant to DIVCA, the City has certain rights and responsibilities with respect to
state video service franchise holders operating within the City. These include the receipt of a
5.b
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Page 3 of 4
franchise fee and a fee for Public, Educational and Government purposes, both based on a
percentage of the gross revenues of state franchise holders. Additionally,City is responsible to
establish and enforce penalties for violations of customer service rules. However, DIVCA grants
all authority to adopt customer service standards to the State. The City will retain authority,
without change, over all City cable franchisees until such time as they no longer hold a valid City
cable franchise, or are no longer operating under a current or expired City cable franchise.
5.12.020.Definitions.
For purposes of this Chapter, the following words, terms, phrases, and abbreviations, and
their similar formulations, shall have the meanings given below:
“Cable operator” shall have the meaning set forth in California Public Utilities Code Section
5830.
“City” means the City of Grand Terrace.
“City Manager” means the duly appointed City Manager of the City, or his or her designee.
“CPUC” or “Commission” means the California Public Utilities Commission.
“DIVCA” or “Act” means the Digital Infrastructure and Video Competition Act of 2006.
“Gross revenue” shall have the meaning set forth in California Public Utilities Code Section
5860.
“PEG” means public, educational and government access.
“State Franchise” means a franchise issued by the CPUC pursuant to the DIVCA.
“State Franchisee” means any cable operator or video service provider that, pursuant to DIVCA,
has been granted a state franchise by the CPUC to provide cable or video service by means of
communications service equipment or facilities and whose video service area includes all or any
part of the incorporated limits of the City.
“Video Service” shall have the meaning set forth in California Public Utilities Code Section
5830.
“Video service provider” shall have the meaning set forth in California Public Utilities Code
Section 5830.
5.12.030.State Video Service Franchise and PEG fees.
A.Any state franchisee operating within the boundaries of the City shall pay a fee to the
City equal to five percent (5%) of the gross revenue of that state franchisee.
5.b
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B.Any state franchisee operating within the boundaries of the City shall pay an additional
fee to the City equal to one percent (1%) of the gross revenue of that state franchisee, which shall
be used by the City of PEG purposes consistent with state and federal law.
5.12.040 Audit Authority.
Not more than once annually, the City Manager may examine and perform an audit of the
business records of a state franchise holder to ensure compliance with Section 5.12.030.
5.12.050. Customer Service Standards
A.A state franchisee shall comply with all applicable state and federal customer service and
protection standards pertaining to the provision of video service.
B.The City Manager shall monitor compliance of each state franchisee with respect to state
and federal customer service and protection standards. The City Manager shall provide the state
franchisee written notice of any material breach of applicable customer service standards, and
allow the state franchisee holder thirty (30) days from the receipt of the notice to remedy the
specified material breach. Material breaches not remedied within the thirty (30) day time period
will be subject to the following penalties to be imposed by and payable to the City:
1.For the first occurrence of a violation, a fine of $500.00 may be imposed for each day the
violation remains in effect, not to exceed $1,500.00 for each violation.
2.For a second violation of the same nature within twelve (12) months, a fine of $1,000.00
may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for
each violation.
3.For a third or further violation of the same nature within twelve (12) months, a fine of
$2,500.00 may be imposed for each day the violation remains in effect, not to exceed
$7,500 for each violation.
C.A state franchisee may appeal a penalty assessed by the City Manager to the City Council
within thirty (30) days of the initial assessment. Any appeal must contain a detailed explanation
of why the applicant believes that the finding of material breach or the imposition of penalties
was inconsistent with statutory requirements or authority. The City Council shall hear all
evidence and relevant testimony and may uphold, modify, and vacate the penalty.
D.As provided in Section 5900 of the California Public Utilities Code, City shall submit
half of all penalties received from a franchise holder to the Digital Divide Account established in
Section 280.5 of the California Public Utilities Code.
5.12.060 City Response to State Franchise Application
5.b
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Page 3 of 4
A. Applicants for state video franchises within the boundaries of the City must concurrently
provide complete copies to the City of any application, or amendments to applications, filed with
the CPUC. One complete copy must be provided to the City Clerk, and a second complete copy
to the City Manager.
B. Within thirty (30) days of receipt, the City Manager will provide any appropriate
comments to the CPUC regarding an application or amendment to an application for a state
video service franchise.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
and every section, subsection, sentence, clause and phrase thereof not declared invalid or
unconstitutional without regard to whether any portion of the ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage and
within (15) days after its passage, the City Clerk of the City of Grand Terrace shall certify to the
passage and adoption of this ordinance and to its approval by the Mayor and City Council and
shall cause the same to be published in a newspaper in the manner required by law.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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PASSED, APPROVED, AND ADOPTED this ___ day of ____ 2016.
_______________________________
Darcy McNaboe,Mayor
ATTEST:APPROVED AS TO FORM:
Pat Jacquez-Nares, City Clerk Richard Adams,II City Attorney
I HEREBY CERTIFY the foregoing ordinance was duly adopted by the City Council of
the City of Grand Terrace at a regular meeting held on the __ day of ___, 2016 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Pat Jacquez-Nares, City Clerk
5.b
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Award of Contract for Van Buren Traffic Calming
Improvements
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: 1. Authorize award of construction contract for the Van
Buren Traffic Calming Improvements to Cal Stripe, Inc,. As
the lowest responsive bidder in the amount of $16,025.00 to
include Phase 1a and 1b; and
2. Authorize the Public Works Director to approve change
orders not to exceed 5% of the awarded contract, which
would result in a total project construction budget of
$18,429.00; and
3. Authorize the Public Works Director to implement Phase
1b, if further study determines necessary; and
4. Appropriate an additional $4,618.00 from the Gas Tax
Fund for the Project.
2030 VISION STATEMENT:
This staff report supports Goal #2 to Maintain Public Safety.
BACKGROUND:
The City Council has held several meetings to discuss traffic concerns (speeding and
failure to stop) along Palm Avenue and Van Buren Street.
On February 9, 2016, Staff presented street alterations that would aid in addressing
these concerns that would be implemented in phases, to allow the efficacy of each
stage to be evaluated prior to commencing the next phase.
Phase 1a and 1b included those improvements shown below and the City Council
appropriated $16,600.00 from the Gas Tax Fund to implement Phase 1a.
Phase 1a
Van Buren Street/Oriole Avenue
Install an eastbound and westbound solar powered flashing light 150 feet
from the intersection
Observation Street/Van Buren
Striping of a centerline and edge line marking with bott dots (knuckle
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channelizer) to reduce the width of the travel way, and signing
Phase 1b
Van Buren Street
Two direction centerline “no passing” double line striping, a right edge line to
reduce the width of the travel way and signing
DISCUSSION:
The Van Buren Traffic Calming Improvements Project was advertised to bid on March
11, 2016 with five plan rooms including the Dodge Room, ebid board, AVR Repro &
Plan Room, AGC Plan Room, and Bid America. The project was also advertised on the
City’s website.
The Project was advertised with Phase 1b as an additive, which allows the City to add
Phase 1b, if needed, without going back out to bid. On March 31, 2016, bids were
opened and recorded by the City Clerk’s office.
There were two contractors who provided bids on the project, the results are as follows:
Contractor Bid Amount Responsive
Cal Stripe, Inc. $16,024.25 Yes
ND Construction $26,673.80 Yes
A bid analysis was performed on each submitted bid. The lowest responsive bid for the
Project with a bid price of $16,024.25.00, for both Phase 1a and 1b, is Cal Stripe, Inc.
FISCAL IMPACT:
On February 9, 2016, the City Council appropriated $16,600.00 from the Gas Tax Fund
(Fund 16) for the Project. Staff requests an additional appropriation of $4,618.00 to
cover the 5% contingency and also engineering costs associated with preparing the bid
package. It is an appropriate use of Gas Tax to cover the cost of the bid preparation.
Fund No. Fund Title Description Amount
16 Gas Tax Fund Estimated Fund Balance $296,220.00
16 Gas Tax Fund Appropriation for Van Buren
Traffic Calming Project
($4,618.00)
Revised Fund Balance $291,602.00
ATTACHMENTS:
Van Buren Traffic Calming Improvements_Contract.pdf (PDF)
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APPROVALS:
Sandra Molina Completed 04/18/2016 2:01 PM
City Attorney Completed 04/20/2016 1:32 PM
Finance Completed 04/20/2016 2:58 PM
Community Development Completed 04/20/2016 8:47 PM
City Manager Completed 04/21/2016 11:58 AM
City Council Pending 04/26/2016 6:00 PM
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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 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:
To City To
26th
April
Cal Stripe, Inc.
$16,024.25
Contractor
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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.
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.
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
Cal Stripe, Inc.
2040 East Steel Road
Colton, CA 92324
6.a
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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.
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
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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
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
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D-5
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
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.
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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
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.
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D-7
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.
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D-8
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]
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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:
VAN BUREN TRAFFIC CALMING 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
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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
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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
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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.
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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)
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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)
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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.
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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
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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.
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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
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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
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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.
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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,
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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
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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
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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,
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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
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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
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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
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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 is as follows:
Phase 1A -Five (5)working days after the Phase 1A Notice to Proceed.
Phase 1B (additive bid item) – Five (5)working days after the Phase 1B Notice to Proceed.
Contractor is advised that the City may elect NOT to pursue Phase 1B. If the City
does elect to perform Phase 1B, it will do so up to 6 months after completion of Phase
1A.
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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.
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(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.
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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
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(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.
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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
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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.
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(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
6.a
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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.
6.a
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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
6.a
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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.
6.a
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(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."
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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.
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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.
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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.
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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
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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.
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VAN BUREN TRAFFIC CALMING SP-1
PART 3
CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.2 Preservation of Property. [Add the following:]
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.
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VAN BUREN TRAFFIC CALMING SP-2
SPECIAL PROVISIONS
SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for signing and striping, and the installation
thereof, shall conform to the 2010 Caltrans Standard Plans, and Standard
Specifications, Section 56, "Signs," Section 84, "Traffic Stripes and Pavement
Markings," and Section 85, “Pavement Markers,” unless otherwise noted in these
Special Provisions and on the Plans. These Plans and Specifications are hereinafter
referred to as State Standard Plans and State Standard Specifications. Copies of these
documents are available from Caltrans, District 7 office at 100 South Main Street, Los
Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento,
California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the Plans shall be
provided by the Contractor.
SECTION 56 - SIGNS
56-4 ROADSIDE SIGNS
56-4.03 Construction. Relocated signs shall be installed using existing posts at new
locations and shall be set at a minimum 30-inch depth and at a minimum 12-inch
square portland cement concrete (PCC).The post depth of the concrete footing
shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch
expansion paper shall be placed between the sign foundation and sidewalk.
New signs shall be installed using metal posts set at a minimum of 30-inch depth in
a minimum 12-inch square PCC. The metal post shall be 2-inch square galvanized
steel "Quik-Punch," with 30-inch break away base and 18-inch sleeve. The length of
the metal post shall be sufficient to extend from the top of the sign to 30-inches
below the top of the concrete footing and provide a 7-foot clearance between the
finished grade and the bottom of the sign. The depth of the concrete footings shall
be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch
expansion paper shall be placed between the sign foundation and sidewalk.
Marker and delineators shall conform to the provision in Section 82,
"Markers and Delineators."
56-4.04 Payment. Payment for signing shall be included in the various unit price
items per the bid schedule, and no additional compensation will be allowed therefor.
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VAN BUREN TRAFFIC CALMING SP-3
SECTION 84 - TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-1 GENERAL
84-1.02 Materials. Traffic stripes and pavement markings shall be
thermoplastic and curb marking shall be paint unless otherwise shown on
the Plans. Contractor shall repaint any curb markings removed by
construction under this contract.
84-1.03A Tolerances and Appearance. The Contractor shall furnish the
necessary control points for all striping and markings, and shall be
responsible for the completeness and accuracy thereof to the satisfaction
of the Engineer.
The Contractor shall establish all traffic striping between these points by
string line or other method to provide striping that will vary less than ½-
inch in 50-feet from the specified alignment.
When no previously applied figures, markings, or traffic striping are
available to serve as a guide, suitable layouts shall be spotted in advance
of the permanent paint application. Traffic lines may be spotted by using a
rope as a guide for marking spots every 5-feet, by using a marking wheel
mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Contractor shall mark or otherwise delineate the traffic lanes in the
new roadway or portion of roadway, or detour before opening it to traffic.
The Contractor shall provide an experienced technician to supervise the
location, alignment, layout, dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes.
Existing stripes and markings shall be removed prior to painting new
stripes and markings, but in no case shall any section of street be left
without the proper striping for more than 24 hours, or over weekends or
holidays.
Existing traffic stripes (including raised pavement markers), pavement
legends, and markings that do not conform to the plans shall be removed
by wet sandblasting per Section 15-2.02C, "Remove Traffic Stripes and
Pavement Markings," and Section 15-2.02D, "Remove Pavement
Markers," of the State Standard Specifications.
84-2 THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-2.02 Materials. Traffic striping shall be thermoplastic including
crosswalks, arrows, and other pavement legends.
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VAN BUREN TRAFFIC CALMING SP-4
The installation of traffic stripes includes placement of raised pavement
markers when called for on the plans.
Adhesive for raised pavement markers shall be per Section 85, "Pavement
Markers." Epoxy shall be the Rapid Set type.
84-2.04 Payment. Payment for striping details, pavement markings, and
curb marking shall be included in the various unit price items per the bid
schedule, and no additional compensation will be allowed therefor.
84-3 PAINTED TRAFFIC STRIPES AND PAVEMENT MARKINGS
84-3.02 Materials. Paint for curb markings shall be ready-mixed rapid dry
type.
Ready-mixed paints shall be suitable for use on either asphalt concrete or
portland cement concrete.
84-3.03 Construction. Paint shall be applied in two coats.
The second coat of paint shall be applied no less than 24 hours from
application of the first coat.
Each coat paint shall include glass beads.
84-3.07 Payment. Payment for curb marking shall be included in the various
unit price items per the bid schedule, and no additional compensation will be
allowed therefor.
SECTION 85 – PAVEMENT MARKERS
85-1.03C Epoxy Adhesive. Adhesive for raised pavement markers shall
be rapid set type epoxy.
Removal of pavement markers shall be per Section 15-2.02D, “Remove
Pavement Markers.”
85-1.04 Payment. Payment for pavement markers shall be included in the
various unit price items per the bid schedule, and no additional compensation will
be allowed therefor.
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VAN BUREN TRAFFIC CALMING SP-5
SPECIAL PROVISIONS
SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS
All equipment, materials, and components for installation of solar powered flashing
beacons shall conform to the 2010 Caltrans Standard Plans and Standard
Specifications, Section 86, "Signals, Lighting,and Electrical Systems," except as noted
in the Special Provisions and on the Plans. These Plans and Specifications are
hereinafter referred to as State Standard Plans and State Standard Specifications.
Copies of these documents are available from the Caltrans, District 7 office at 100
South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom
Boulevard, Sacramento, California 95819, (916) 445-3520.
86-1 GENERAL
86-1.03 Cost Breakdown. The cost breakdown shall be submitted to the
Engineer in conjunction with equipment list and drawings.
86-1.04 Equipment List and Drawings. The equipment list shall be
submitted to the Engineer within ten (10) working days after the date of
the Notice of Contract Approval.
Materials lists, manufacturer's data, brochures, technical data, etc., shall
be labeled and identified,and shall be submitted in bound booklet form.
The Contractor shall retain one copy of all approved material lists and
samples at the job site, readily accessible for inspection by the Engineer.
Said materials lists and samples shall be the basis for approval or
rejection of work.
86-1.05 Warranties, Guarantees, and Instruction Sheets. The Contractor
shall guarantee the entire work constructed under this contract and will
fully meet all requirements as to quality of workmanship and materials
furnished by him. The Contractor shall make, at the Contractor’s expense,
any repairs or replacements made necessary by defects in workmanship
or materials that becomes evident within 1 year after acceptance of work
by the Agency and to restore to full compliance with the requirements of
these Specifications, any part of the work which during the 1-year period is
found to be deficient with respect to any provision of the Plans and
Specifications. The Contractor shall make all repairs and replacements
promptly upon receipt of written orders from the Engineer. If the
Contractor fails to make the repairs and replacements promptly, the City
may do the work and the Contractor and his surety shall be liable to the
City for the cost.
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VAN BUREN TRAFFIC CALMING SP-6
Whenever any work or equipment is to be guaranteed or maintained by a
manufacturer, supplier, or subcontractor,said obligation shall be that of the
Contractor.
All guarantees shall be in writing and delivered to the Engineer by the
Contractor prior to final acceptance of the work.
Where the Contractor-installed facilities are damaged prior to final
acceptance by the Engineer, the Contractor shall repair or replace such
facilities at his own expense.
86-1.07 Scheduling of Work. No work shall commence and no material or
equipment shall be stored at the jobsite until such time that the Contractor
notifies the Engineer in writing of the date that all electrical materials and
equipment are to be received. Upon receipt of said notification by the
Engineer, the Contractor may commence work within 5-working days prior
to said delivery date.
The job site shall be maintained in a neat and orderly condition at all times
and areas of sidewalk removal to be left open for less than 5 days shall be
covered with plywood sheeting and barricades. Areas to be left open
more than 5 days shall be patched with temporary AC pavement,
smoothed to provide a level finished walking surface.
All striping, pavement markings, and signing shall be in place prior to
flashing beacon turn on.
Turn on of the flashing beacon system shall not be made on a Friday or
the day preceding a legal holiday, and will be permitted between the hours
of 9 a.m. and 2 p.m. only.The City shall be notified 48 hours prior to the
intended turn on.
86-2 MATERIALS AND INSTALLATION
86-2.01 Excavation and Backfilling. Excavation for foundations shall be
hand dug until clear of obstructions.
86-4 TRAFFIC SIGNAL FACES AND FITTINGS
86-4.09 Flashing Beacons. Solar powered flashing beacons shall be
Carmanah Model No. 247-E. All flashing beacons shall be 12” yellow LED
per approved Caltrans specifications.
86-8 PAYMENT
86-8.01 Payment. The second paragraph of Section 86-8.01, "Payment,"
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VAN BUREN TRAFFIC CALMING SP-7
of the State Standard Specifications, is superseded by the following:
Payment for the installation of solar powered flashing beacons shall be
included in the price bid for each solar powered flashing beacon
installation as shown on the Plans, and no additional compensation will be
allowed therefor.
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VAN BUREN TRAFFIC CALMING SP-8
SOLAR POWERED FLASHING BEACON SYSTEM SPECIFICATIONS
Purchase Specifications for Carmanah R247-E 24 Hour Solar Flashing Beacon
Overview: This specification is for the Carmanah R247-E 24 Hour Solar
Flashing Beacon.
Each unit shall consist of a self-contained solar engine that houses
the energy management system, on-board user interface, batteries
and solar panel. The system shall conform to all provisions of the
2009 MUTCD, Chapter 4L, Flashing Beacons.
1.0 Mechanical Specifications
The solar engine shall be constructed from aluminum and shall be no greater in
size than 13.6” L x 3.9” D x 17.8” H (34.5 cm x 9.9 cm x 45.2 cm) excluding the
mounting attachment. The Solar panel shall be integrated to the solar engine.
All batteries and electronics shall be mounted in the solar engine, with no
external control cabinet or battery cabinet required. A hinged lid shall provide
access to the interior of the engine. The solar engine shall be vented to provide
cooling of the battery and electronic system.
The overall weight of the solar engine assembly shall not exceed 20 lbs (9.1 kg).
The solar engine shall be supplied with a fixed tilt angle and shall be able to be
oriented south with no additional mounting hardware.
2.0 Mounting
2”, 2.5” Perforated Square Post Mount:
The size and weight of the solar engine shall be appropriate for mounting to
standard two inch sign posts. The solar engine and lightbar assemblies shall be
furnished with mounting hardware for mounting to standard 2” to 2.5” Perforated
Square Poles. The entire assembly shall mount at one point. Separate
mounting for the signal head or any other component shall not be required.
3.0 Configuration
The solar engine shall house an on-board user interface that provides on-site
configuration adjustment, system status and fault notification.
The system shall provide configurable night time intensity settings and shall be
able to enable and disable low ambient light dimming.
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VAN BUREN TRAFFIC CALMING SP-9
4.0 Solar / Battery System
The solar engine shall include one 10-watt solar panel no larger than the footprint
of the housing and shall have a hinged top to provide access to the on-board
user interface and batteries. The solar engine shall house two 7 Ah sealed valve
regulated lead acid batteries. Batteries shall have quick connections to facilitate
installation and be readily available from multiple suppliers and non-proprietary.
Batteries shall not have to be charged by a battery charger prior to installation.
Solar panel and battery system shall be 12 Volt DC.
5.0 Operational Specifications
The beacon shall flash at a rate of not less than 50 or more than 60 times per
minute. The illuminated period of each flash shall be a minimum of 1/2 and a
maximum of 2/3 of the total cycle.
The system shall be dimmable during low ambient light conditions using a light
sensor.
The system shall have a minimum operating autonomy of 30 days.
6.0 Qualifications
The product shall be FCC certified to comply with all 47 CFR FCC Part 15
Subpart B Emission requirements.
The LED signal module shall conform to the mandatory specifications of: ITE
Vehicle Traffic Control Signal Heads, Light Emitting Diode (LED) Circular Signal
Supplement as required by the 2009 Manual on Uniform Traffic Control Devices
(MUTCD) Chapter 4D.
The signal housing shall meet the equipment standard of the Institute of
Transportation Engineers (ITE) Vehicle Traffic Control Signal Heads (VTCSH)
Chapter 2.
The product shall be Buy American compliant.
Manufacturer shall provide a 3 Year Limited Warranty.
Manufacturer must be ISO 9001 certified.
Manufacturer: Carmanah Technologies Corp.
Model: R247-E
Toll Free: 1-877-722-8877
www.carmanah.com
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APPENDIX
CONSTRUCTION DRAWINGS
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Report on Tree Inventory Conducted by Arbor Pro, Inc.
PRESENTED BY: Sandra Molina, Planning & Development Services Director
RECOMMENDATION: Receive and file the Staff Report
2030 VISION STATEMENT:
This staff report supports our Mission: “To preserve and protection our community and
its exceptional quality of life through thoughtful planning within the constraints of a
fiscally responsible government”.
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. On January 26, 2016, the City Council approved a Professional Service
Agreement with ArborPro, Inc. to conduct the inventory.
DISCUSSION:
On March 29, 2016, ArborPro submitted a complete tree inventory and assessment on
the 1,888 trees in public right-of-ways including, streets, parkways, and median; and in
City parks and facilities. Collection attributes of tree size and tree conditions (good,
poor, critical, etc.) were used to complete the tree inventory.
A recommended schedule for primary and routine maintenance needs has been
included in the tree inventory report as a recommended pruning program. The complete
tree inventory, all data and associated maps have been provided to City staff in a
digitized format with the inclusion of ArborPro’s geographic information system (GIS)
software.
Below are summaries of the report findings, as well as recommended maintenance
schedules. Definitions for each maintenance category are provided in the report.
Summary of Findings:
Maintenance Recommendation Tree Count
Priority 1 Removal 47
Priority 2 Removal 132
Priority 3 Removal 20
Priority 1 Prune 5
Priority 2 Prune 135
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Large Routine Prune 851
Small Routine Prune 528
Stump Removal 45
Training Prune 125
Total 1,888
The report classifies 47 trees as Priority 1 Removals. Priority 1 Removals are
characterized by having defects that cannot be cost-effectively or practically treated.
The majority of 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. These trees are recommended for removal within the next six months to one
year. The estimated cost of removing all 47 Priority 1 Removal trees is $18,500. Below
is a more comprehensive overview of the Long-Term Maintenance Plan provided in the
report:
Year 1 - Priority Maintenance
Maintenance Activity Tree Count Estimated Cost
Priority 1 Removals 47 $18,500.00
Priority 1 and 2 Prunes 140 $9,000.00
Total Cost for Year 1 Priority Maintenance: $27,500.00
Five-Year Grid Pruning Schedule
Maintenance Activity Tree Count Estimated Cost
Grid Pruning 370 $17,760.00
Tree Removals (P2 Removals) 25 $10,000.00
Replacement Trees (Optional) 25 $6,250.00
Emergency Response $5,000.00
Annual Tree Maintenance Cost $39,010.00
Next steps include scheduling and budgeting of the recommended schedule, with an
emphasis on Year 1 Maintenance.
The Report recommends a 5-Year Pruning Schedule at an annual cost of approximately
$40,000. However, it is feasible to extend the maintenance schedule over 7-8 years,
which would reduce the annual costs. In addition, Staff will seek out other funding
sources such as urban forestry grants.
FISCAL IMPACT:
No fiscal impacts at this time.
ATTACHMENTS:
Grand Terrace Tree Inventory Report (PDF)
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APPROVALS:
Sandra Molina Completed 04/21/2016 8:48 AM
City Attorney Completed 04/21/2016 9:18 AM
Finance Completed 04/21/2016 10:06 AM
Community Development Completed 04/21/2016 12:41 PM
City Manager Completed 04/21/2016 11:58 AM
City Council Pending 04/26/2016 6:00 PM
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
City of Grand Terrace
Tree Inventory Summary Report
March 29, 2016
Report Summary
On February 8, 2016 ArborPro, Inc. began working on a comprehensive GPS tree inventory for City of
Grand Terrace. ArborPro assigned an ISA Certified Arborist (Jeff Davidson – WE 3457) to perform this
survey. Jeff identified a total of 1,888 tree sites throughout the City. The purpose of this report is to
review the project totals and to summarize the findings of our survey.
Size Characteristics
The general size of a tree provides insight into the age and value of the tree. There are two industry-
wide recognized size characteristics, height and diameter at breast height. While height is self
explanatory, diameter at breast height (DBH) is determined by the diameter of the tree at 4.5 feet above
grade. Both the height and the DBH are collected in ranges due to the dynamic growth rate of trees.
DBH (in inches)Tree Count
00-03 236
04-06 404
07-12 555
13-18 390
19-24 178
25-30 67
31-36 41
37-42 11
43+6
Total 1,888
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Tree Condition
Excellent – The tree is near perfect condition, this determination is
generally used for trees with no defects and young trees that have been
properly maintained.
Very Good – The tree is in very good condition with very minor defects
that could be corrected by pruning. These trees generally “stand out”
with respect to the aesthetic value they add to the Urban Forest.
Good – The tree has no major structural problems; no significant damage from diseases or pests; no
significant mechanical damage; a full, balanced crown, and normal twig condition and vigor for its
species.
Fair – The tree may exhibit the following characteristics: minor structural problems and/or mechanical
damage; significant damage from non-fatal or disfiguring diseases; minor crown imbalance or thin
crown; minor structural imbalance; or stunted growth compared to adjacent trees.
Poor – The tree appears healthy, but may have structural defects. This classification also includes
healthy trees that have unbalanced structures or have been topped. Trees in this category may also have
severe mechanical damage, decay, severe crown dieback or poor vigor/failure to thrive.
Dead – Trees in advanced states of decline are not included. This category refers only to dead trees.
Critical – The tree is in a physical state that requires immediate attention. Generally these trees are
recommended for a Priority One Removal.
Tree Height Tree Count
00-15 456
15-30 1,079
30-45 207
45-60 105
60+41
Total 1,888
Tree Condition Tree Count
Good 195
Fair 1,199
Poor 429
Dead 20
Critical 0
Stump Removal 45
Total 1,888
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Species Diversity – Poor and Dead Trees
We have found based on our experience that the most valuable assessment from our survey is the
species composition of the trees that are dead or in poor condition. Below is a listing of these tree
species found within the city. We have also identified what percentage of the tree species surveyed have
been identified as poor or dead trees. For example, we have identified that there are seven Arizona Ash
trees and of these seven trees, there are six that are in poor condition or dead representing an 85.71%
poor rating.
Botanical Name Common Name
Poor or
Dead Total %
Acer saccharinum Silver Maple 5 5 100.00%
Alnus rhombifolia White Alder 1 1 100.00%
Bauhinia x blakeana Hong Kong Orchid Tree 1 1 100.00%
Cycas revoluta Sago Palm 1 1 100.00%
Ficus carica Edible Fig 1 1 100.00%
Juglans nigra Black Walnut 2 2 100.00%
Koelreuteria paniculata Goldenrain Tree 4 4 100.00%
Liriodendron tulipifera Tulip Tree 3 3 100.00%
Malus domestica Edible Apple Species 1 1 100.00%
Pinus radiata Monterey Pine 1 1 100.00%
Prunus armeniaca Apricot 1 1 100.00%
Pyrus calleryana 'Bradford' Bradford Pear 1 1 100.00%
Robinia x ambigua 'Purple Robe' Purple Robe Locust 1 1 100.00%
Schinus molle California Pepper 1 1 100.00%
Triadica sebifera Chinese Tallow Tree 1 1 100.00%
Ulmus pumila Siberian Elm 1 1 100.00%
Fraxinus velutina Arizona Ash 6 7 85.71%
Pinus thunbergiana Japanese Black Pine 6 7 85.71%
Morus alba White Mulberry 20 24 83.33%
Fraxinus velutina 'Modesto' Modesto Ash 33 42 78.57%
Albizia julibrissin Mimosa; Silk Tree 2 3 66.67%
Ceiba speciosa Floss Silk Tree 2 3 66.67%
Prunus persica Peach 4 6 66.67%
Fraxinus uhdei Shamel Ash 9 14 64.29%
Lophostemon confertus Brisbane Box 3 5 60.00%
Pinus brutia var. eldarica Afghan Pine 7 13 53.85%
Liquidambar styraciflua American Sweet Gum 51 101 50.50%
Archontophoenix cunninghamiana King Palm 1 2 50.00%
Brachychiton populneus Bottle Tree 1 2 50.00%
Melia azedarach Chinaberry 1 2 50.00%
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Parkinsonia aculeata Jerusalem Thorn 1 2 50.00%
Robinia pseudoacacia Black Locust 1 2 50.00%
Yucca gloriosa Spanish Dagger 1 2 50.00%
Jacaranda mimosifolia Jacaranda 6 14 42.86%
Cercis canadensis Eastern Redbud 67 183 36.61%
Gleditsia triacanthos Honey Locust 2 6 33.33%
Prunus cerasifera Purple-Leafed Plum 8 24 33.33%
Koelreuteria bipinnata Chinese Flame Tree 15 46 32.61%
Schinus terebinthifolius Brazilian Pepper 8 26 30.77%
Platanus x acerifolia London Plane Tree 32 110 29.09%
Cedrus atlantica Atlas Cedar 2 7 28.57%
Pinus pinea Italian Stone Pine 5 19 26.32%
Melaleuca quinquenervia Cajeput Tree 1 4 25.00%
Ulmus parvifolia Chinese Elm 2 8 25.00%
Cupaniopsis anacardioides Carrotwood 32 139 23.02%
Callistemon citrinus Lemon Bottlebrush 1 5 20.00%
Citrus sinensis Orange 1 5 20.00%
Eucalyptus polyanthemos Silver Dollar Gum 2 10 20.00%
Pyrus kawakamii Evergreen Pear 2 10 20.00%
Pinus canariensis Canary Island Pine 9 46 19.57%
Cinnamomum camphora Camphor 6 31 19.35%
Pinus halepensis Aleppo Pine 3 16 18.75%
Magnolia grandiflora Southern Magnolia 16 89 17.98%
Chitalpa tashkentensis Chitalpa 4 26 15.38%
Washingtonia filifera X robusta Filibusta Palm 2 14 14.29%
Zelkova serrata Sawleaf Zelkova 1 8 12.50%
Lagerstroemia indica Crape Myrtle 35 311 11.25%
Pistacia chinensis Chinese Pistache 2 22 9.09%
Afrocarpus gracilior Fern Pine 1 13 7.69%
Bauhinia variegata Purple Orchid Tree 3 42 7.14%
Cupressus sempervirens Italian Cypress 1 14 7.14%
Washingtonia filifera California Fan Palm 1 23 4.35%
Syagrus romanzoffianum Queen Palm 3 131 2.29%
Washingtonia robusta Mexican Fan Palm 1 72 1.39%
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Species Frequency
Below is a Species Frequency report for all trees located in the city right of way.
Botanical Name Common Name Tree Count
Acer palmatum Japanese Maple 3
Acer rubrum Red Maple 1
Acer saccharinum Silver Maple 5
Afrocarpus gracilior Fern Pine 13
Albizia julibrissin Mimosa; Silk Tree 3
Alnus rhombifolia White Alder 1
Araucaria columnaris Star Pine 1
Archontophoenix cunninghamiana King Palm 2
Bauhinia variegata Purple Orchid Tree 42
Bauhinia x blakeana Hong Kong Orchid Tree 1
Brachychiton populneus Bottle Tree 2
Brahea edulis Guadalupe Palm 1
Butia capitata Pindo Palm 2
Callistemon citrinus Lemon Bottlebrush 5
Calocedrus decurrens Incense Cedar 1
Cedrus atlantica Atlas Cedar 7
Ceiba speciosa Floss Silk Tree 3
Ceratonia siliqua Carob 1
Cercis canadensis Eastern Redbud 183
Cercis canadensis 'Forest Pansy' Forest Pansy Redbud 2
Chamaerops humilis Mediterranean Fan Palm 3
Chitalpa tashkentensis Chitalpa 26
Cinnamomum camphora Camphor 31
Citrus limon Lemon 1
Citrus sinensis Orange 5
Cupaniopsis anacardioides Carrotwood 139
Cupressus sempervirens Italian Cypress 14
Cycas revoluta Sago Palm 1
Eucalyptus camaldulensis Red Gum 2
Eucalyptus polyanthemos Silver Dollar Gum 10
Ficus carica Edible Fig 1
Fraxinus uhdei Shamel Ash 14
Fraxinus velutina Arizona Ash 7
Fraxinus velutina 'Modesto' Modesto Ash 42
Ginkgo biloba Maidenhair Tree 4
Gleditsia triacanthos Honey Locust 6
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Handroanthus impetiginosus Pink Trumpet Tree 2
Jacaranda mimosifolia Jacaranda 14
Juglans nigra Black Walnut 2
Juniperus chinensis Chinese Juniper 1
Juniperus chinensis 'Torulosa' Hollywood Juniper 6
Koelreuteria bipinnata Chinese Flame Tree 46
Koelreuteria paniculata Goldenrain Tree 4
Lagerstroemia indica Crape Myrtle (including hybrids) 311
Ligustrum lucidum Glossy Privet 3
Liquidambar styraciflua American Sweet Gum 101
Liriodendron tulipifera Tulip Tree 3
Lophostemon confertus Brisbane Box 5
Magnolia grandiflora Southern Magnolia 89
Malus domestica Edible Apple Species 1
Melaleuca quinquenervia Cajeput Tree 4
Melia azedarach Chinaberry 2
Morus alba White Mulberry 24
Olea europaea Olive 6
Other Tree Other Tree 1
Palm species Palm Species 2
Parkinsonia aculeata Jerusalem Thorn 2
Parkinsonia florida Blue Palo Verde 1
Parkinsonia x 'Desert Museum' Desert Museum Palo Verde 2
Persea americana Avocado 2
Phoenix canariensis Canary Island Date Palm 6
Phoenix dactylifera Date Palm 1
Phoenix roebelenii Pigmy Date Palm 20
Pinus brutia var. eldarica Afghan Pine 13
Pinus canariensis Canary Island Pine 46
Pinus halepensis Aleppo Pine 16
Pinus pinea Italian Stone Pine 19
Pinus radiata Monterey Pine 1
Pinus thunbergiana Japanese Black Pine 7
Pistacia chinensis Chinese Pistache 22
Platanus racemosa California Sycamore 1
Platanus x acerifolia London Plane Tree 110
Podocarpus macrophyllus Yew Pine 1
Populus deltoides Cottonwood 1
Prosopis alba Argentine Mesquite 1
Prunus armeniaca Apricot 1
Prunus cerasifera Purple-Leafed Plum 24
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Prunus persica Peach 6
Psidium cattleianum Strawberry Guava 1
Pyrus calleryana Ornamental Pear 1
Pyrus calleryana 'Bradford' Bradford Pear 1
Pyrus kawakamii Evergreen Pear 10
Robinia pseudoacacia Black Locust 2
Robinia x ambigua 'Purple Robe' Purple Robe Locust 1
Salix babylonica Weeping Willow 1
Schinus molle California Pepper 1
Schinus terebinthifolius Brazilian Pepper 26
Stump Stump 45
Syagrus romanzoffianum Queen Palm 131
Syzygium australe Brush Cherry 2
Tipuana tipu Tipu 13
Trachycarpus fortunei Windmill Palm 8
Triadica sebifera Chinese Tallow Tree 1
Ulmus parvifolia Chinese Elm 8
Ulmus pumila Siberian Elm 1
Umbellularia californica California Bay 1
Washingtonia filifera California Fan Palm 23
Washingtonia filifera X robusta Filibusta Palm 14
Washingtonia robusta Mexican Fan Palm 72
Yucca gloriosa Spanish Dagger 2
Zelkova serrata Sawleaf Zelkova 8
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Maintenance Recommendations
In conjunction with the comprehensive tree inventory our Arborist has provided a maintenance
recommendation for each tree in the city right of way. Below is a definition for each maintenance
category and a chart summarizing the findings.
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.
Priority 2 Removal – Trees that should be removed but do
not pose liability as great as the first priority will be
identified. This 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 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. 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.
Maintenance Recommendation Tree Count
Priority 1 Removal 47
Priority 2 Removal 132
Priority 3 Removal 20
Priority 1 Prune 5
Priority 2 Prune 135
Large Routine Prune 851
Small Routine Prune 528
Stump Removal 45
Training Prune 125
Total 1,888
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Stump Grind/Removal – This category indicates a stump that should be stump grown below grade level
and/or removed.
Below is a map categorized by the maintenance recommendation provided for each tree.
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
In an effort to further clarify the maintenance recommendation categories we have provided photos of
trees that fall into the Priority 1 Removal, Priority 2 Removal and Priority 2 Pruning classes. The first
example below is the tree located at 22656 De Berry Street. This tree is a Morus alba tree commonly
referred to as a White Mulberry. The recommendation for this tree is a Priority 1 Removal.
The tree at at 22656 De Berry Street has been severely topped during past prunings. Topping is the
practice of removing whole tops of trees or large branches and/or trunks from the tops of trees. This
leaves stubs or lateral branches that are too small to assume the role of a terminal leader. This practice
should never be allowed. There is very little that can be done to mitigate the damage done, therefore
this practice results in the need to remove city trees.
Another example of a Priority 1 Removal is the Arizona Ash tree located at 22745 De Soto Street. As
you can see, this tree has also been topped in the past and includes large hollow cavities in the trunk of
the tree. Below are photos of the Arizona Ash.
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
The majority of trees that have been classified as Priority 1 Removals are due to past poor pruning
practices or trees planted in a poor location. Usually a location that does not provide an adequate
amount of space for root growth or the crown develpopment of the tree. Also Priority 1 Removals
generally are larger trees that also include a compromised root system where the chance of failure is
moderate to high. We have classified a total of 47 trees as Priority 1 Removals, we recommend that
these trees are removed within the next six months to a year. Below is a listing of the Priority 1
Removal trees by address. We estimate the cost to remove the Priority 1 Trees at approximately
$18,500.
Tree
ID Address Side Site Common Name DBH Height
1688 22702 BARTON RD Front 10 Eastern Redbud 5 17
1669 22901 BARTON RD Front 8 Eastern Redbud 5 16
1668 22901 BARTON RD Front 9 Eastern Redbud 6 16
1219 22800 BLUEBIRD LN Front 2 London Plane Tree 9 14
1218 22810 BLUEBIRD LN Front 1 London Plane Tree 9 14
1217 22820 BLUEBIRD LN Front 2 London Plane Tree 9 15
1213 22830 BLUEBIRD LN Front 1 London Plane Tree 10 9
1850 11901 CANAL ST Front 15 American Sweet Gum 6 34
1196 22537 CARDINAL ST Front 1 White Mulberry 16 16
1184 22568 CARDINAL ST Front 1 Silver Maple 28 36
1176 22670 CARDINAL ST Front 3 Mimosa; Silk Tree 17 24
1522 22271 CARHART AVE Front 1 Arizona Ash 28 25
1450 22630 DE BERRY AVE Front 1 White Mulberry 20 20
1449 22656 DE BERRY AVE Front 1 White Mulberry 28 12
1373 RICHARD COLLINS PARK Park 21 Sawleaf Zelkova 5 23
1447 22760 DE BERRY AVE Front 1 American Sweet Gum 18 23
1716 22724 DESOTO ST Front 1 Bottle Tree 18 23
1714 22745 DESOTO ST Front 1 Arizona Ash 18 20
1760 12271 DOS RIOS AVE Front 1 Chinese Flame Tree 18 35
1468 22628 LA PAIX ST Front 1 White Mulberry 18 10
1476 22730 LA PAIX ST Front 1 White Mulberry 23 30
1780 22853 LA PAIX ST Front 1 Carrotwood 15 21
201 22285 LADERA ST Front 1 Goldenrain Tree 14 7
351 22410 LADERA ST Front 2 Honey Locust 6 20
316 22441 LADERA ST Front 2 American Sweet Gum 9 7
952 22265 MAVIS ST Front 2 Monterey Pine 10 24
102 12702 MOUNT VERNON AVE Front 9 Purple Orchid Tree 3 10
1880 11750 MT VERNON AVE Front 3 American Sweet Gum 8 19
1881 11750 MT VERNON AVE Front 4 American Sweet Gum 9 19
666 12301 MT VERNON AVE Front 38 Eastern Redbud 1 5
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
942 12334 PASCAL AVE Front 1 Filibusta Palm 28 55
943 12334 PASCAL AVE Front 1 Modesto Ash 23 19
207 12827 REED AVE Front 1 Camphor 12 22
81 12778 ROYAL AVE Front 1 Modesto Ash 18 17
80 12778 ROYAL AVE Front 2 Modesto Ash 15 16
79 12786 ROYAL AVE Front 1 Modesto Ash 21 25
78 12786 ROYAL AVE Front 2 Modesto Ash 16 24
77 12786 ROYAL AVE Front 3 Modesto Ash 18 24
76 12796 ROYAL AVE Front 1 Modesto Ash 17 24
75 12796 ROYAL AVE Front 2 Modesto Ash 19 26
1508 11948 VIVIENDA CT Front 1 Arizona Ash 30 24
1099 22537 THRUSH ST Side 1 Siberian Elm 24 23
1273 GRAND TERRACE LIBRARY Front 1 Canary Island Pine 25 55
1272 GRAND TERRACE LIBRARY Front 2 Canary Island Pine 26 55
1271 GRAND TERRACE LIBRARY Front 5 Canary Island Pine 20 45
1270 GRAND TERRACE LIBRARY Front 6 Aleppo Pine 27 48
1269 GRAND TERRACE LIBRARY Front 12 Canary Island Pine 26 50
ArborPro, Inc. has also identified 132 Priority 2 Removals throughout the City of Grand Terrace. The
primary cause of this determination is also due to past poor pruning practices, limited growth space,
cracked trunks, etc. The primary difference between the designation of the Priority 1 Removal vs
Priority 2 Removal, is the more imminent failure potential of a Priority 1 Tree. Another determining
factor are the potential targets of such a failure, such as, the risk to vehicles and pedestrians, that may be
impacted by the failure of a Priority 1 Tree. Many of the trees designated as a Priority 2 Removal are
smaller than Priority 1 Trees and in locations that would cause less damage if the tree was to fail.
For review we have also provided some photos of trees that have been categorized as Priority 2
Removals. The first example below is the Purple Leaf Plum tree located at 22422 Raven Way. This
tree is dead with noticeable cracks in the trunk of the tree. While this tree should be removed we would
prioritize this removal to occur following the Priority 1 Trees, because if this tree were to fail there
would be limited exposure with regards to damage of persons or property.
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Our Arborist, Jeff Davidson, has also
identified numerous priority pruning locations.
He only identified 5 Priority 1 Prunes but we
did identify 135 Priority 2 Prunes. The
primary reason for the priority 2 prune
designation is due to vehicular and pedestrian
clearance, the majority being vehicular
clearance issues. To the right is a photo of
Van Buren Street. On this street alone we
identified 11 trees in the 22000 block that
require a clearance prune.
Long Term Maintenance Plan
It is our recommendation that the City of Grand Terrace enter into a long term grid maintenance plan to
properly and most cost effectively maintain the Urban Forest. Prior to initiating a long term grid
pruning plan we highly recommend that the Priority 1 Removal trees are removed, and also that the
Priority 1 and Priority 2 Prune trees are pruned. Below is our estimated budget to address the priorities
followed by the annual budget required to maintain the Urban Forest. We recommend that the Priority 2
Removal trees are addressed as the trees are pruned in the maintenance grids.
The cost estimates above are based on current industry standards. We have estimated the prices on the
higher side of the industry standard, the actual cost to perform the maintenance may be substantially
lower.
Year 1 - Priority Maintenance
Maintenance Activity Tree Count Estimated Cost
Priority 1 Removals 47 $18,500.00
Priority 1 and 2 Prunes 140 $9,000.00
Total Cost for Year 1 Priority Maintenance $27,500.00
Five Year Grid Pruning Schedule
Maintenance Activity Tree Count Estimated Cost
Grid Pruning 370 $17,760.00
Tree Removals (P2 Removals)25 $10,000.00
Tree Planting (Replacement Trees)25 $6,250.00
Emergency Response $5,000.00
Annual Tree Maintenance Cost $39,010.00
7.a
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
ArborPro Software
ArborPro has at no cost provided the City with five licenses of our tree inventory software program
ArborPro. To maintain the integrity of the tree inventory, it is important that data be properly
maintained and updated. When a tree is pruned, removed or planted, the information should be updated
in the ArborPro tree management program. Also, when preparing a contract for a tree management
services, the City should include a provision requiring the company to update the ArborPro database.
Below is a screen shot of the software program.
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Tree Planting Palette
The City of Grand Terrace should pursue a tree replacement program for all trees that are removed city
wide. The key aspect of a tree removal/replacement program is the proper selection of the replacement
species. Trees should be selected based on success in the local environment, the environmental benefits
they provide and the specific location attributes, parkway size, utilities, etc. In association with city staff
and utilizing guidelines suggested from the Recommended Street Tree Book, ArborPro, Inc. has created
a tree planting palette for the City of Grand Terrace.
Botanical Name Common Name Parkway Size
Acacia smallii Small's Acacia 3-5
Afrocarpus gracilior Fern Pine 5-7
Brachychiton populneus Bottle Tree 3-5
Callistemon citrinus Lemon Bottlebrush 3-5
Cinnamomum camphora Camphor 5-7
Elaeocarpus decipiens Japanese Blueberry Tree 3-5
Ginkgo biloba Maidenhair Tree 5-7
Gleditsia triacanthos Honey Locust 3-5
Hymenosporum flavum Sweetshade 3-5
Koelreuteria elegans subsp. formosana Formosa Flamegold 5-7
Lagerstroemia indica Crape Myrtle 3-5
Ligustrum lucidum Glossy Privet 3-5
Melaleuca quinquenervia Cajeput Tree 5-7
Parkinsonia florida Blue Palo Verde 3-5
Parkinsonia microphyllum Foothill Palo Verde 5-7
Pinus brutia var. eldarica Afghan Pine 5-7
Pinus halepensis Aleppo Pine 5-7
Pistacia chinensis Chinese Pistache 3-5
Prunus caroliniana Carolina Laurel Cherry 3-5
Pyrus calleryana 'Bradford' Bradford Pear 3-5
Pyrus calleryana 'Redspire' Redspire Pear 5-7
Pyrus kawakamii Evergreen Pear 3-5
Quercus fusiformis Escarpment Live Oak 5-7
Quercus virginiana 'Heritage' Heritage Southern Live Oak 5-7
Rhus lancea African Sumac 3-5
Robinia x ambigua 'Purple Robe' Purple Robe Locust 3-5
Tipuana tipu Tipu 5-7
Triadica sebifera Chinese Tallow Tree 3-5
Ulmus parvifolia Chinese Elm 5-7
Zelkova serrata Sawleaf Zelkova 5-7
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Economic Benefits Analysis
Often, municipalities only consider the cost of maintaining the urban forest, and ignore the benefits that
trees provide. Trees provide significant community benefits. It is important to quantify those benefits to
highlight the fact that trees are a good investment for the community.
ArborPro, Inc. performed an economic benefits analysis of the tree inventory data utilizing the i-Tree
software suite distributed by the USDA Forest Service. The i-Tree suite is comprised of urban and
community forestry analysis and benefits assessment tools. The i-Tree tools are intended to help
communities to strengthen their urban forest management and advocacy efforts by quantifying the
environmental services that trees provide and the structure of the urban forest. All of the attributes
collected during the tree inventory were entered into the i-Tree software to quantify their value.
Stormwater Runoff and Improved Water Quality
Trees reduce peak stormwater runoff and associated pollutants entering local water bodies. Trees reduce
stormwater volumes by intercepting a portion of rainfall, which evaporates and never reaches the
ground. Tree roots also increase rainfall infiltration and storage in the soil. And tree canopies reduce soil
erosion by diminishing the impact of raindrops on barren surfaces.
Public trees in Grand Terrace intercept 1,459,030 gallons of water annually for a savings of $8,029.
Reduction of Atmospheric Carbon Dioxide
Trees reduce atmospheric carbon by capturing and storing CO2 as they grow. By reducing demand for
heating and cooling, trees indirectly reduce CO2 by avoiding emissions associated with energy
production.
Public trees in Grand Terrace store approximately 2,059,533 pounds of atmospheric CO2 for a total
savings of $6,796.
Air Quality Improvements
Trees improve air quality by trapping particulates, absorbing gaseous pollutants, and releasing oxygen.
By cooling urban heat islands and shading parked cars, trees indirectly reduce ozone levels. The
Environmental Protection Agency recognizes tree planting as an ozone reduction measure in state
implementation plans.
Public trees in Grand Terrace remove particulate matter, ozone, sulfur dioxide and nitrogen oxides. The
annual savings from air quality improvements including indirect cost is $4,420.
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ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887
Phone: 714.694.1924 Fax: 714.694.1981
Prepared for the City of Grand Terrace by ArborPro, Inc.
Copyright 2003 ArborPro Inc. All Rights Reserved
Energy Savings
Trees reduce the demand for energy to heat and cool buildings by providing shade, lowering
summertime temperatures, and reducing windspeeds. Secondary benefits are reduced water consumption
and pollutants emissions.
Public trees in Grand Terrace save the city approximately $4,422 in energy savings.
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AGENDA REPORT
MEETING DATE: April 26, 2016 Council Item
TITLE: Overview of the City of Grand Terrace California Public
Employees Retirement System (CalPERS) Unfunded
Accrued Liability
PRESENTED BY: Cynthia Fortune, Finance Director
RECOMMENDATION: Receive and file the Overview of the City’s California Public
Employee Retirement System (CalPERS) Unfunded Accrued
Liability report.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
This report is intended to provide City Council with an overview of the City’s pension /
retirement plan for its employees, including the unfunded liability. The City has met and
continues to meet its annual retirement obligation payments, both for normal retirement
contribution amounts and the annual required unfunded liability amounts. These
amounts are incorporated into the City’s operating budget expenditures and are
approved by City Council during the budget process.
Underfunding does not mean the plan is unable to meet its current obligations. A
pension plan requires contributions to fund benefits currently being accrued (normal
cost) and to eliminate any shortfall between plan assets and accrued liabilities (called
unfunded accrued liability).
As long as a plan meets the funding needs of the system over the long term, the
unfunded actuarial liability will not negatively impact the long term funding progress of
the retirement system.
BACKGROUND:
The City entered into a contract with the California Public Employees’ Retirement
System (CalPERS) on January 20, 1990 to provide employee retirement benefits.
Since then, this contract has been amended several times and currently provides
several retirement benefits:
1. Existing City employees who were hired prior to January 1, 2013:
a) A retirement benefit of 2.7% at age 55; based on
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b) A single highest year compensation period;
c) Referred to as Classic Members – Tier I.
2. Employees hired on or after to January 1, 2013 who are already members of
CalPERS (e.g. hired from another public agency which contracts with CalPERS
for retirement benefits):
a) A retirement benefit of 2.0% at age 60; based on
b) A three-year average compensation period;
c) Referred to as Classic Members – Tier II.
3. Employees hired on or after to January 1, 2013 who are not prior members of
CalPERS:
a) A retirement benefit of 2.0% at age 62; based on
b) A three-year average compensation period;
c) Referred to as PEPRA (Public Employees’ Pension Reform Act) Members.
Table 1 summarizes the retirement benefits and contribution rates paid to CalPERS
based on the Actuarial Valuation Report provided by CalPERS for FY2015-16.
CalPERS Valuation Reports are based on financial data for the fiscal year ending two
years ago. For pension information including the employer required contribution rate for
FY2015-16, the financial data used was for the period ending June 30, 2013. There is a
two-year lag between the Valuation Report and the Contribution Fiscal Year. The two-
year lag is necessary due to the amount of time needed by CalPERS to extract and
review the membership and financial data and provide public agencies with their
employer contribution rates prior to the start of the fiscal year.
Table 1
Benefit
Level
Retirement
Benefit
Compensation
Period
Effective
Date
Employer
Rate
Employer
Paid
(employee
rate)
Employee
Rate
Tier I 2.7% @ 55 Single Highest
Year 01/20/1990 29.359% 1.418% 6.582%
Tier II 2.0% @ 60 Three-Year
Average 01/01/2013 6.709% 0.000% 7.000%
PEPRA 2.0% @ 62 Three-Year
Average 01/01/2013 6.237% 0.000% 6.250%
The highlighted employer rate paid by the City to CalPERS for FY2015-16 consisted of
the following in Table 2:
Description Rate Employer
Rate Amount
Tier I (2.7% @ 55)
Employer Normal Contribution cost 10.298% $154,447
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Plan Payment on Amortization
bases (Unfunded Accrued
Liability)
Amortization of Side Fund
(inclusion into the
CalPERS Risk Pool)
9.245% $138,653
Share of Pool Unfunded
Accrued Liability prior to
2013 (Plan changes,
assumption changes,
membership changes, plan
projected benefits for its
members)
8.020% 120,284
Gain or Loss (for financial
year) 1.136% 17,031
Total Unfunded Liability 18.401% 275,968
Surcharge for Class 1 Benefits
(e.g. One-Year Final
Compensation)
0.660% 9,899
TOTAL TIER I 29.359% $440,314
Tier II (2.0% @ 60)
Employer Normal Contribution cost 6.709% $0*
Plan Payment on an Amortization
basis 0% 0
TOTAL TIER II 6.709% $0
PEPRA (2.0% @ 62)
Employer Normal Contribution cost 6.237% $2,576**
Plan Payment on an Amortization
basis 0% 0
TOTAL PEPRA 6.237% $2,576
Note:
*Table 2 above for FY2015-16 does not show any liability for Tier II since the financial data used was
FY2012-13, the City did not hire any classic members from January 1, 2013 to June 30, 2013.
**PEPRA shows the employer costs based on new hires between January 1, 2013 and June 30, 2013.
Financial data for that time period showed the City hiring one Child Care employee.
DISCUSSION:
PLAN FUNDING
Funding for local retirement plans is based on the formula below:
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Contributions + Investment
Income = Benefits Paid + Expenses
(employer and
employee
contributions:
10.298% +
1.418% +
6.582% +
0.660% =
18.298%)
(CalPERS
Projected
rate
of return:
7.5%)
(Retirement
benefits to
employee
after
retirement)
(CalPERS
administrative
expenditures
to manage
the plan)
C + I = B + E
The left side (plan income) must balance with the right side (plan benefits and
expenses). On the left side, for example, when the “I” (investment income) decreases
because of a downturn in the stock market (as experienced in 2008 and 2009), the “C”
(contributions) increases, thus requiring more in contributions from either the employer,
employee or both.
If the employees’ contribution rate is fixed (at this time, the City employee rate is fixed at
6.582%), then the increase is borne completely by the City. Likewise, on the right side, if
the promised benefits are increased (enhanced) or a pay raise is approved, the “B”
(benefits) increases and the formula is out of balance. This scenario will also require
additional contributions on the left side to balance the formula.
The CalPERS Actuarial Office (actuary) issues an Annual Valuation Report to all public
agencies that have contracts with CalPERS. This report analyzes:
the financial consequences of risk of all the plans;
estimates the true cost of the plan; and
determines the systematic contributions needed to meet that cost.
With the current defined benefit plan, the costs are prefunded, thus the calculations are
more complicated than the simple formula would indicate.
BENEFIT CALCULATION
When future benefits of an employee are estimated, the actuary estimates the
individual’s pension benefit, taking into consideration several factors which include the
following:
1. life expectancy,
2. wage increases,
3. investment returns of the plan,
4. years of life after retirement, and
5. inflation.
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Using these data (based on plan experience studies), the actuary calculates the present
value of future benefits the plan will be required to pay to its current participants: those
still working who will retire in the future, retirees, and those who have terminated
employment but have not yet begun drawing benefits. The actuarial present value is
today’s cost of tomorrow’s retirement payout.
After determining the present value of future benefits for all plan participants, the
actuary allocates it to determine the actuarial cost of the retirement plan. This actuarial
cost is the difference between the sum of all benefits, refunds, and expenses paid out
[right side of the formula], and the assets of the plan [left side of the formula]. The
contribution allocation is broken into two categories: normal cost and accrued liability.
Normal Cost – benefits and expenses that have accrued during the given year
and are expected to be accrued annually in the future with no changes to
promised benefits.
Accrued Liability – amount of money needed to pay for benefits (earned so far
plus benefits not yet earned) based on a member’s service. This amount is
amortized to build the necessary assets over time to cover the liabilities.
CalPERS, like most local plans, use the entry-age normal cost method to determine
normal costs. Each employee has his/her present value of future benefits allocated on a
level basis over the service of the individual between entry age and assumed exit age.
An illustration will be provided later in this report.
PLAN VALUE
Once the actuarial cost of the plan is determined, the market value of the plan’s assets
is calculated. Market value is the price at which all securities can be sold as of a certain
date. It is smoothed over several years (usually five years) to address steep fluctuations
in gains or losses, and only a portion of unrealized gains or losses is recognized in a
single year.
Now that the plan’s assets have been determined and measured, they can be
compared with the plan’s accrued liability.
If the assets equal or exceed the liabilities, the plan is considered to be fully
funded.
If the assets are less than the accrued liabilities, then the plan has what is called
an unfunded accrued liability.
Underfunding does not mean the plan is unable to meet its current obligations. It is
similar to having a house mortgage and the payments are affordable and paid on
schedule.
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A plan which is 100% funded still is required to contribute to the normal cost. Future
contributions and investment earnings are needed to fund benefit obligations as they
build in future years. A pension plan requires contributions both to fund benefits
currently being accrued (normal cost) and to eliminate any shortfall between plan assets
and accrued liabilities (called unfunded accrued liability).
UNFUNDED ACCRUED LIABILITY
The unfunded accrued liability (UAL) comes about because past assumptions have not
been met. Each year the plan members and employees contribute to the normal cost
component of the retirement plan (“C” of the formula).
The employer is also responsible for paying down the unfunded actuarial liability, which
is amortized usually over a 30-year period. It’s like having 30-mini mortgages – each
year one is paid off and another is added. These mini-mortgages are based on the
plan’s gains/losses during the year, actuarial assumption changes based on experience
studies, and plan amendments (changes in benefits).
The plan’s actuarial report each year describes the calculation for the plan contribution
costs. The City pays down the unfunded liability each year – over the 30-years that
these costs are amortized. If all assumptions are realized, the amortization payment will
cease to exist in 30 years and the minimum required contribution will be just the normal
cost.
Most retirement systems saw deterioration in funding levels due to the market downturn
experienced from 2000-2003 and 2008-2009. This market downturn resulted in
increases in contributions by the employer and a decline in the funding assets of the
plan. As the market rebounds, the increased value of the assets will positively affect the
total assets and reduce the unfunded liability.
The recent upturn in the stock market will also help the plan to recover the losses
experienced in 2000-2003 and 2008-2009. For example, most likely, the plan’s market
value of assets declined in 2009, however, in the last couple of years, the market value
gained. These fluctuations are smoothed over 30 years – so that no one year causes
wild swings in the City’s contribution.
As long as a plan meets the funding needs of the system over the long term, the
unfunded actuarial liability will not negatively impact the long term funding progress of
the retirement system.
In order to provide City Council with a better understanding of pension costs and
contributions, definitions or each category listed in Table 2 above are described in detail
below:
1. Employer Normal Contribution Cost ($154,447):
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This is the employers’ annual contribution requirement based on a defined benefit
plan. The goal is to have enough funds to pay for an employee’s future benefit
payments by the time they retire. For Tier I, the defined benefit plan of 2.7% at 55
has a normal contribution rate of 18%. The City’s (employer) annual normal cost
contribution is approximately 10% of payroll with the employee paying the remaining
8%. In the City’s case, the employee only pays 6.582% with the City paying the
1.418% of the employee share (often referred to as employer paid member
contribution – EPMC).
Table 3 below provides the detail of the annual normal contribution rate of 18.958%.
Benefit Level Employer
Rate
Employer Normal Contribution Cost 10.298%
Employer Paid Member Contribution 1.418%
Employee Rate 6.582%
Surcharge (Class 1 Benefit) 0.660%
TOTAL 18.958%
2. Amortization of Side Fund ($138,653):
In June 2003, risk pooling was implemented for public agencies which had less than
100 members in CalPERS. Risk pooling is the process of combining assets and
liabilities across employers to produce large, risk sharing pools. Risk sharing pools
dramatically reduce or eliminate large fluctuations in an employer's retirement
contribution rate caused by unexpected demographic events.
Sections 20840, 20841, and 20842 of the California Government Code allow the
CalPERS Board to create risk pools and mandate public agency participation in the
pools. Risk pooling for public agencies went into effect with the June 30, 2003, first-
pooled valuations. The first-pooled contribution rates became effective July 1, 2005.
Pools were created according to their benefit formula and employee classification
(miscellaneous or safety).
When the City joined the risk pool, a side fund was created to account for the
difference between the funded status of the pool and the funded status of the City’s
plan. At that time, the City’s funded status was lower than that of the pool.
For example, when the City joined the Risk Pool in 2003, the pool may have been
95% funded; however, the City at the time may have been at the 75% level, which
was the level where most public agencies were at the time. The Side Fund (loan)
was created to get the City to the 95% funding level to make sure the City pays for
its liabilities. The additional 20% would be paid/amortized over a period of time
through an annual required payment.
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The large investment loss in 2008-2009 has caused the funded status of all risk
pools to fall from their initial 95% - 100% funded levels to levels now ranging
between 70% and 80%. Employers in the risk pools are required to pay toward the
unfunded liability that resulted from the large investment loss.
Remaining Outstanding Balance of the City’s Side Fund, FY2015-16: $925,545
Remaining amortization period: 8 years
3. Share of the Pool’s Unfunded Accrued Liability prior to 2013 ($120,284):
The Accrued Liability is the value of benefits earned by members currently in the
plan, for their past service and their future benefits.
The amount of unfunded liability calculated for the City’s share takes into
consideration many parameters:
a) Any changes to the defined benefit plan, for example: in September 2006,
the City revised its plan for Tier I members from 2.0% at 55 to 2.7% at 55;
b) Changes in assumptions, such as decreasing the mortality rate since most
members are living longer;
c) The large investment loss in 2008-2009 has caused the funded status of all
risk pools to fall from their initial 95% - 100% funded levels to levels now
ranging between 70% and 80%. Employers in the risk pools are required to
pay toward the unfunded liability that resulted from the large investment loss
even if they contracted with CalPERS following this event.
Remaining Balance of the Unfunded Accrued Liability, FY2015-16: $1,642,376
Remaining amortization period: 21 years
4. Gain or Loss (financial year) ($17,031):
CalPERS assumes a discount rate/rate of return on investments of 7.5% annually.
There have been times when the rates of return have been higher and lower (as
experienced in 2008-2009. Employers in the risk pools are required to pay toward
the unfunded liability that results from the investment losses.
Remaining Balance of the Gain/Loss, FY2015-16: $1,210,878
Remaining amortization period: 30 years
5. Surcharge for Class 1 Benefits ($9,899): These are optional benefit provisions
upon establishment of the risk pools. Class 1 benefits have been identified as the
more expensive ancillary benefits. Below is a sample list of benefits provided by the
City:
a) One-year final compensation;
b) Employer paid member contribution (1.418%); and
c) Cost-of-living adjustment based on the Consumer Price Index (CPI) for all
United States cities. The standard cost-of-living adjustment (COLA) is a
maximum of 2% per year. If the CPI registers a lower rate of inflation,
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retirees will receive a lower percentage.
ILLUSTRATION
To illustrate how the rates, benefits and liabilities are calculated, assume the following
for a 25-year old person who just got employed with the City and the following
assumptions are established to calculate for retirement benefits:
1. Employee is expected to work for 30 years with the City;
2. Will retire at age 55 with 30 years of service;
3. Employee’s starting salary is $45,000;
4. Employee received a 5% increase in Year 10 of service & another 5% increase in
Year 20 of service;
5. Employee’s last year of service salary is $49,141.13;
6. The total Normal Cost Contribution rate (both employer and employee
contribution) is 18.958%;
7. The defined benefit plan is 2.7% at 55 which includes the following:
Highest year of compensation = $49,141.13 (based on two 5% increases);
COLA is provided for retirement at 2% annually;
Employee’s expected life is 30 years of retirement.
Based on the factors above, the following exhibits provide detailed information on the
rates and benefits CalPERS calculates for the retirement plan.
1. Exhibit A = calculates total retirement benefits to be paid out to the employee
over a 30-year period of $1,614,784.59.
2. Exhibit B = calculates the normal contribution amount (18.958%) over the 30
years the employee works for the City and the corresponding discount
rate/interest rate of 7.5% as projected by CalPERS. Contribution amounts and
interest rate received total $574,566.75.
3. Exhibit C = calculates the total contribution received from the City, assumes an
investment return of 7.5%, so that the starting amount of $574,566.75 at the start
of retirement will earn enough interest sufficient to pay the employee the annual
retirement amounts as shown in Exhibit A.
Every year, CalPERS reviews the amounts received and if the contribution amounts do
not earn a 7.5% interest, the difference is considered the unfunded liability. The liability
is then amortized over a 30-year period.
RECOMMENDATION:
Staff recommends that City Council receive and file the report on the Overview of the
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City of Grand Terrace California Public Employees Retirement System (CalPERS)
Pension.
FISCAL IMPACT:
There is no fiscal impact associated with receiving and filing the report.
Below reflects the City’s Normal Contribution Costs and Unfunded Accrued Liability
(UAL) allocation by fund. As mentioned earlier in the report, the total retirement
payments, the City has met and continues to meet all its annual retirement obligation
payments. As long as a plan meets the funding needs of the system over the long term,
the unfunded actuarial liability will not negatively impact the long term funding progress
of the retirement system.
Table 4 – TIER I Normal Contribution Costs
FUND June 30, 2015
Payment
June 30, 2016
Payment
June 30, 2017
Payment
Fund: 09 – Child Care Fund $83,609 $69,861 $54,474
Fund: 10 – General Fund 86,534 72,305 56,380
Fund: 16 – Gas Tax Fund 5,301 4,430 3,454
Fund: 32 – Successor Agency 9,397 7,851 6,122
TOTAL $184,841 $154,447 $120,430
Table 5 – TIER I Unfunded Accrued Liability
FUND June 30, 2015
Payment
June 30, 2016
Payment
June 30, 2017
Payment
Fund: 09 – Child Care Fund $120,395 $131,383 $146,421
Fund: 10 – General Fund 124,607 135,980 151,544
Fund: 16 – Gas Tax Fund 7,634 8,331 9,284
Fund: 32 – Successor Agency 13,531 14,766 16,456
TOTAL (One-Time Payment) $266,167 $290,460 $323,705
TOTAL (in 12 monthly Payments) $275,968 $301,156 $335,625
ATTACHMENTS:
Exhibit-A: Retirement Benefits (PDF)
Exhibit-B: Normal Contribution Amounts (PDF)
Exhibit-C: Annual Retirement Payouts (PDF)
APPROVALS:
Cynthia Fortune Completed 04/21/2016 10:04 AM
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Finance Completed 04/21/2016 10:04 AM
City Attorney Completed 04/21/2016 1:59 PM
City Manager Completed 04/21/2016 4:32 PM
City Council Pending 04/26/2016 6:00 PM
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City of Grand Terrace
Defined Benefit Plan - 2.7% at 55
Highest Annual Salary at $49,141.13
Annual COLA of 2%
Formula: 2.7% X 30 X $49,141.13 = $39,804.32
Annual Amount
Year 1 $39,804.32
Year 2 40,600.41
Year 3 41,412.42
Year 4 42,240.67
Year 5 43,085.48
Year 6 43,947.19
Year 7 44,826.13
Year 8 45,722.65
Year 9 46,637.10
Year 10 47,569.84
Year 11 48,521.24
Year 12 49,491.66
Year 13 50,481.49
Year 14 51,491.12
Year 15 52,520.94
Year 16 53,571.36
Year 17 54,642.79
Year 18 55,735.65
Year 19 56,850.36
Year 20 57,987.37
Year 21 59,147.12
Year 22 60,330.06
Year 23 61,536.66
Year 24 62,767.39
Year 25 64,022.74
Year 26 65,303.19
Year 27 66,609.25
Year 28 67,941.44
Year 29 69,300.27
Year 30 70,686.28
TOTAL $1,614,784.59
EXHIBIT A
Retirement Year
REQUIRED RETIREMENT PAYOUTS
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City of Grand Terrace
Starting Salary : $45,000
Increase #1: 4.5% in Year 10
Increase #2: 4.5% in Year 20
City Normal Contribution Rate: 18.958%
Discount/Interest Rate: 7.5%
105%
Annual Salary
Normal
Contribution
Amount
Accumulated
Amount
Interest Earned
on Accumulated
Balance
Year 1 45,000.00 8,531.10 8,531.10 639.83
Year 2 45,000.00 8,531.10 17,062.20 1,279.67
Year 3 45,000.00 8,531.10 25,593.30 1,919.50
Year 4 45,000.00 8,531.10 34,124.40 2,559.33
Year 5 45,000.00 8,531.10 42,655.50 3,199.16
Year 6 45,000.00 8,531.10 51,186.60 3,839.00
Year 7 45,000.00 8,531.10 59,717.70 4,478.83
Year 8 45,000.00 8,531.10 68,248.80 5,118.66
Year 9 45,000.00 8,531.10 76,779.90 5,758.49
Year 10 47,025.00 8,915.00 85,694.90 6,427.12
Year 11 47,025.00 8,915.00 94,609.90 7,095.74
Year 12 47,025.00 8,915.00 103,524.90 7,764.37
Year 13 47,025.00 8,915.00 112,439.90 8,432.99
Year 14 47,025.00 8,915.00 121,354.90 9,101.62
Year 15 47,025.00 8,915.00 130,269.90 9,770.24
Year 16 47,025.00 8,915.00 139,184.90 10,438.87
Year 17 47,025.00 8,915.00 148,099.90 11,107.49
Year 18 47,025.00 8,915.00 157,014.90 11,776.12
Year 19 47,025.00 8,915.00 165,929.90 12,444.74
Year 20 49,141.13 9,316.18 175,246.08 13,143.46
Year 21 49,141.13 9,316.18 184,562.26 13,842.17
Year 22 49,141.13 9,316.18 193,878.44 14,540.88
Year 23 49,141.13 9,316.18 203,194.62 15,239.60
Year 24 49,141.13 9,316.18 212,510.80 15,938.31
Year 25 49,141.13 9,316.18 221,826.98 16,637.02
Year 26 49,141.13 9,316.18 231,143.16 17,335.74
Year 27 49,141.13 9,316.18 240,459.34 18,034.45
Year 28 49,141.13 9,316.18 249,775.52 18,733.16
Year 29 49,141.13 9,316.18 259,091.70 19,431.88
Year 30 49,141.13 9,316.18 268,407.88 20,130.59
TOTAL $268,407.88 $306,159.03
Total Amount contributed $268,407.88
Total Interest Earned $306,159.03
$574,566.91
Service Year
EXHIBIT B
NORMAL CONTRIBUTION AMOUNTS AND INTEREST EARNED
8.b
Packet Pg. 242
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City of Grand Terrace
Annual Payout: $39,804.32
Annual COLA: 2%
Total Contribution Amount with Interest Earned: $574,566.91
105%
Contribution
Amount
Interest
Earned on
Balance Sub-Total
Retirement
Payout to
Employee Balance
Year 1 $574,566.91 $43,092.52 $617,659.43 ($39,804.32)$577,855.11
Year 2 577,855.11 43,339.13 621,194.24 ($40,600.41)580,593.83
Year 3 580,593.83 43,544.54 624,138.37 ($41,412.42)582,725.95
Year 4 582,725.95 43,704.45 626,430.40 ($42,240.67)584,189.73
Year 5 584,189.73 43,814.23 628,003.96 ($43,085.48)584,918.48
Year 6 584,918.48 43,868.89 628,787.37 ($43,947.19)584,840.18
Year 7 584,840.18 43,863.01 628,703.19 ($44,826.13)583,877.06
Year 8 583,877.06 43,790.78 627,667.84 ($45,722.65)581,945.19
Year 9 581,945.19 43,645.89 625,591.08 ($46,637.10)578,953.98
Year 10 578,953.98 43,421.55 622,375.53 ($47,569.84)574,805.69
Year 11 574,805.69 43,110.43 617,916.12 ($48,521.24)569,394.88
Year 12 569,394.88 42,704.62 612,099.50 ($49,491.66)562,607.84
Year 13 562,607.84 42,195.59 604,803.43 ($50,481.49)554,321.94
Year 14 554,321.94 41,574.15 595,896.09 ($51,491.12)544,404.97
Year 15 544,404.97 40,830.37 585,235.34 ($52,520.94)532,714.40
Year 16 532,714.40 39,953.58 572,667.98 ($53,571.36)519,096.62
Year 17 519,096.62 38,932.25 558,028.87 ($54,642.79)503,386.08
Year 18 503,386.08 37,753.96 541,140.04 ($55,735.65)485,404.39
Year 19 485,404.39 36,405.33 521,809.72 ($56,850.36)464,959.36
Year 20 464,959.36 34,871.95 499,831.31 ($57,987.37)441,843.94
Year 21 441,843.94 33,138.30 474,982.24 ($59,147.12)415,835.12
Year 22 415,835.12 31,187.63 447,022.75 ($60,330.06)386,692.69
Year 23 386,692.69 29,001.95 415,694.64 ($61,536.66)354,157.98
Year 24 354,157.98 26,561.85 380,719.83 ($62,767.39)317,952.44
Year 25 317,952.44 23,846.43 341,798.87 ($64,022.74)277,776.13
Year 26 277,776.13 20,833.21 298,609.34 ($65,303.19)233,306.15
Year 27 233,306.15 17,497.96 250,804.11 ($66,609.25)184,194.86
Year 28 184,194.86 13,814.61 198,009.47 ($67,941.44)130,068.03
Year 29 130,068.03 9,755.10 139,823.13 ($69,300.27)70,522.86
Year 30 70,522.86 5,289.21 75,812.07 ($70,686.28)5,125.79
TOTAL PAYOUT ($1,614,784.59)
EXHIBIT C
ANNUAL RETIREMENT PAYOUTS
Retirement
Year
8.c
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