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05/10/2016CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● MAY 10, 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 May 10, 2016 City of Grand Terrace Page 2 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Monthly Financial Report for March 2016 RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending March 31, 2016. DEPARTMENT: FINANCE 3. Interstate 215 Barton Road Cooperative Utility Agreement with the San Bernardino County Transportation Commission and the City of Colton RECOMMENDATION: 1. Approve Cooperative Utility Agreement No. 23787 between the City of Grand Terrace, City of Colton Utility Authority, and the San Bernardino Transportation Commission for the Interstate 215 Barton Road Interchange Project; and 2. Authorize the City Manager to execute the Agreement. DEPARTMENT: PUBLIC WORKS 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 - NONE Agenda Grand Terrace City Council May 10, 2016 City of Grand Terrace Page 3 F. UNFINISHED BUSINESS 4. Zoning Code Amendment 15-01 Establishing a New Chapter 18.80 Signs RECOMMENDATION: Read by Title Only, Waive Further Reading and Adopt 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 G. NEW BUSINESS 5. 2016-2017 Landscape & Lighting Assessment District 89-1 RECOMMENDATION: 1. Adopt A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE INCREASE IN THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT 2. Adopt A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF PROPOSED INCREASED ASSESSMENTS FOR THE FISCAL YEAR 2016 - 2017 IN A DISTRICT WITHIN SAID CITY 3. Adopt A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN INCREASED ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREET AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON DEPARTMENT: COMMUNITY DEVELOPMENT 6. Measure I 2010-2040 Maintenance of Effort Base Year Level RECOMMENDATION: Adopt a Resolution approving the Measure I 2010-2040 Maintenance of Effort Base Year Level of $115,156 DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council May 10, 2016 City of Grand Terrace Page 4 7. Traffic and Parking Related Issues on Westwood Street, Westwood Lane, and Palm Ave RECOMMENDATION: 1. Apply red curbing on existing no parking areas on Westwood Street, Westwood Lane, and refresh existing legal red curbs on Palm Ave. 2. Implement restricted parking by permit only on Westwood Street and Westwood Lane between the hours of 7:30 PM - 6:00 AM. 3. Adopt a resolution designating red curbs in the areas of Westwood Street, Westwood Lane, and Palm Ave as “Tow Away” zones in compliance with Section 22651 of the California Motor Vehicle Code. 4. Direct staff to return within 60 days with a franchise agreement for tow services for the exclusive removal of vehicles parked in the City’s “Tow-Away” zones. DEPARTMENT: PUBLIC WORKS 8. Award of May 2016 Community Benefit Funds RECOMMENDATION: 1. Approve the award of $2,000 from the City’s Community Benefits Fund to the Foundation of Grand Terrace to help cover the cost of this year’s Grand Terrace Community Day; and 2. Approve the award of $2,000 from the City’s Community Benefits Fund to the Friends of the Grand Terrace Library to help cover the costs of the Grand Terrace Branch Library’s Summer Reading program. DEPARTMENT: FINANCE H. CITY MANAGER COMMUNICATIONS I. CLOSED SESSION - NONE ADJOURN The Next Regular City Council Meeting will be held on Tuesday, May 24, 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. AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: Monthly Financial Report for March 2016 PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: Receive and file the Monthly Financial Report for the period ending March 31, 2016. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month. The attached MFR is for the period ending February 29, 2016. The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts. The MFR encompasses the City’s two major funds: General Fund and Child Care Fund. DISCUSSION: The Fiscal Year (FY) 2015-16 Approved Budget amounts are presented in the attached MFR for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. The “expected” revenues reflect an analysis of revenue receipts that have, historically, been received as of this month in the fiscal year. The resulting positive or negative variances shown in the MFR are in comparison to these “expected” receipts. The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts; however, it is not entirely straight-line in nature. For example, some months have three pay periods rather than two. Also, debt service payments are only made twice a year. Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly. All of these factors are reflected in the YTD “expected” expenditures shown in the MFR. As part of the MFR, staff will include explanations of significant variances between YTD actual revenues and expenditures, and those that are “expected” at that point in the 2 Packet Pg. 5 fiscal year. This analysis and reporting process is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely action can be taken in response to these variances. When reviewing the charts that provide the current monthly status of both revenues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following:  Invoices were not submitted to the City in a timely manner; and  Invoices may have required further review by the authorizing department. In addition, the MFR has been redesigned to provide more transparency by providing charts that compare actual receipts and expenditures against expected and approved budgets. Each category has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2015-16) and is compared to the prior year (2014-15) actuals; and 2. the 2nd chart shows the total annual amounts incurred, for the current year, the prior year and is compared to the “expected” amounts for the current year. FISCAL IMPACT: GENERAL FUND Revenues The City’s General Fund revenue receipts of $2,613,774 through March are below the expected amount of $2,363,361, reflecting a negative variance of $82,586. Below are the General Fund’s revenue categories and the status of each revenue line item: Revenue February YTD Actuals Status Property Tax $839,488 Minimal variance from expected revenues. Residual Receipts - RPTTF 512,058 Minimal variance from expected revenues. Franchise Fees 219,132 Minimal variance from expected revenues. Licenses, Fees & Permits 198,637 Minimal variance from expected revenues. Sales Tax 377,244 Lower by $90.1k from expected; Sales Tax is projected to be $160,000 less than budgeted as presented to City Council during the year-end projections in March2016. Intergovernmental Revenue/Grants 4,984 Minimal variance from expected revenues. Charges for Services 82,708 Minimal variance from expected revenues. Fines & Forfeitures 44,236 Minimal variance from expected revenues. 2 Packet Pg. 6 Miscellaneous 18,045 Higher by $13.0k due to reimbursement receipt of state mandated claims (SB90) submitted to the State Controller's Office prior to 2004. Use of Money & Property 17,243 Minimal variance from expected revenues. Waste Water Receipts 300,000 No variance from expected revenues. TOTAL $2,613,774 Expenditures General Fund expenditures of $3,603,049 are below the expected amount of $3,739,297 reflecting a positive variance of $136,248. Below are the General Fund’s expenditure categories and the status of each expenditure line item: Expenditure November YTD Actuals Status Salaries $456,177 Savings of $109.7k show as a result of additional appropriations approved by City Council during the First Quarter report for quality of life programs which included additional funding for personnel; in addition there were savings from positions that were vacant during the first half of the fiscal year. Benefits 218,779 Retirement Benefits are $12.1k less due to some salary savings; however a lump-sum payment will be due to CalPERS at the end of the fiscal year. Professional/Contractual Services 2,310,929 Payments for professional services were processed later this current year than that of last fiscal year resulting in a variance of $16.9k. Materials & Supplies 123,057 Minimal variance from expected expenditures. Lease of Facility/Equipment 4,704 Minimal variance from expected expenditures. Equipment 0 No variance from expected expenditures. Capital Projects 0 No variance from expected expenditures. Utilities 87,232 Minimal variance from expected expenditures. Debt Service 254,848 Minimal variance from expected expenditures. Overhead Cost Allocation (211,302) Minimal variance from expected expenditures. Transfers Out 358,625 Minimal variance from expected expenditures. $3,603,049 CHILD CARE FUND The Child Care Fund’s revenue receipts of $737,828 are below the expected level of 2 Packet Pg. 7 $874,536, reflecting a variance of $136,709. As presented in a comprehensive financial status report to City Council in February 2016 and an update in April 2016, the Child Care Services Fund revenues and expenditures have been revised to reflect a decline in child care enrollment during the first few months and increased attendance for the remainder of the year. Child Care expenditures of $810,326 are below the expected level of $892,634 reflecting a positive variance of $82,308. Expenditures have also been revised to adjust for the decline in revenues during the first few months of the fiscal year. During the financial update provided in April 2016, the Child Care Services Department will be implementing several strategies provided to City Council which will address the projected deficit. ATTACHMENTS:  MAR Monthly Financial Rpt FINAL (PDF) APPROVALS: Cynthia Fortune Completed 05/03/2016 8:51 PM Finance Completed 05/03/2016 8:51 PM City Attorney Completed 05/04/2016 1:32 PM City Manager Completed 05/05/2016 12:58 PM City Council Pending 05/10/2016 6:00 PM 2 Packet Pg. 8 City of Grand Terrace Monthly Financial Report For the Period Ending March 31, 2016 2.a Packet Pg. 9 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Department ............................................ 13 Expenditure Monthly History by Department: General Government Departments ................................................................. 14 Community Development ................................................................................ 15 Finance ........................................................................................................... 16 Public Safety ................................................................................................... 17 Expenditure Monthly Financial Detail by Category ................................................ 20 Expenditure Monthly History by Category: Salaries ........................................................................................................... 21 Benefits ........................................................................................................... 22 Professional/Contractual Services .................................................................. 23 Materials & Supplies ....................................................................................... 24 CHILD CARE FUND Revenue and Expense Summary by Category ........................................................... 26 Revenue and Expense Monthly History ...................................................................... 27 Revenue and Expense Monthly History ...................................................................... 28 2.a Packet Pg. 10 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) GENERAL FUND REVENUE 2.a Packet Pg. 11 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) REVENUE ASSUMPTIONS: 1. Property Tax receipts are usually received twice a year: in December and May. 2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3. Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4. Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5. Waste Water receipts are received annually, usually at the first month of the fiscal year. 6. All other receipts are based on historical receipt pattern. 2.a Packet Pg. 12 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) REVENUES Revenue Approved Budget March YTD Expected Receipts Mar. YTD % Approved Budget March YTD Actuals Mar. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Tax Property Tax 1,551,518 842,540 54.3%839,488 54.1%(3,052) TTF Residual Receipts - RPTTF 860,077 510,000 59.3%512,058 59.5%2,058 ees Franchise Fees 495,000 222,709 45.0%219,132 44.3%(3,577) mits Licenses, Fees & Permits 308,300 207,856 67.4%198,637 64.4%(9,219)1 Tax Sales Tax 900,000 467,374 51.9%377,244 41.9%(90,130)2 nts Intergovernmental Revenue/Grants 5,000 4,583 91.7%4,984 99.7%401 ces Charges for Services 104,000 82,697 79.5%82,708 79.5%11 res Fines & Forfeitures 36,800 36,487 99.1%44,236 120.2%7,749 ous Miscellaneous 5,000 5,000 100.0%18,045 360.9%13,045 3 erty Use of Money & Property 22,840 17,115 74.9%17,243 75.5%128 pts Waste Water Receipts 300,000 300,000 100.0%300,000 100.0%0 4,588,535 2,696,361 58.8%2,613,774 57.0%(82,586) 1 2 3 Increase in miscellaneous revenue is due to the reimbursement receipt of state mandated claims (SB90) submitted to the State Controller's Office prior to 2004 totaling $16,000. City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending March 31, 2016 License, Fees & Permits receipts are showing a slight decrease compared to last year; however, it is expected that this category will have increased revenues for the remainder of the fiscal year and is projected to meet expected receipts. Sales Tax is projected to be $160,000 less than budgeted as presented to City Council during the year-end projections in March2016. 2.a Packet Pg. 13 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY REVENUE - Property Tax (2015-16 vs. 2014-15) $0 $0 $0 $4,793 $43,254 $15,393 $662,686 $4,883 $56,152 $31,628 $104,675 $591,726 $0 $0 $19,750 $2,686 $43,792 $133,872 $581,548 $50,251 $7,588 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 1,515,190 839,487 842,540 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 14 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY REVENUE - Sales Tax (2015-16 vs. 2014-15) $0 $0 $42,941 $55,400 $73,900 $0 $154,048 $60,300 $46,232 $42,800 $57,100 $230,431 $0 $0 $29,595 $42,500 $56,500 $65,035 $49,874 $56,500 $77,239 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $763,152 $377,243 $467,374 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 15 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY REVENUE - Licenses, Permits & Fees (2015-16 vs. 2014-15) $17,915 $7,615 $40,326 $22,020 $8,568 $11,489 $15,340 $64,060 $46,641 $29,548 $17,176 $25,178 $17,097 $10,453 $15,994 $13,004 $16,329 $8,565 $48,502 $41,187 $27,506 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $305,876 $198,637 $207,856 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 16 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY REVENUE - Franchise Fees (2015-16 vs. 2014-15) $0 $0 $41,514 $23,181 $29,344 $14,162 $24,665 $43,954 $25,937 $156,812 $55,341 $84,917 $0 $0 $26,663 $11,962 $71,031 $0 $24,572 $43,469 $41,436 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 2014-15 $499,827 $219,133 $222,709 - 100,000 200,000 300,000 400,000 500,000 600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 17 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 )       This page left intentionally blank.       2.a Packet Pg. 18 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) GENERAL FUND EXPENDITURE BY DEPARTMENT 2.a Packet Pg. 19 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) EXPENDITURE ASSUMPTIONS: 1. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 2. Sections/Cost Centers are rolled into each Department as follows: a. CITY COUNCIL b. CITY MANAGER i. City Manager ii. Senior Citizens Program iii. Emergency Operations c. CITY CLERK i. City Clerk ii. Historical & Cultural Commission iii. Information Technology d. CITY ATTORNEY e. FINANCE f. PUBLIC SAFETY g. NON-DEPARTMENTAL i. Non-Departmental ii. Overhead Cost Allocation h. COMMUNITY DEVELOPMENT i. Building & Safety ii. Public Works iii. Rental Inspection Program iv. Enforcement Program v. Facilities Maintenance vi. Community Development vii. Parks Maintenance viii. Storm Drain Maintenance ix. National Pollutant Discharge Elimination System (NPDES) x. Planning Commission 2.a Packet Pg. 20 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending March 31, 2016 EXPENDITURES BY DEPARTMENT Department Approved Budget March YTD Projected Expenditures Mar.YTD % Approved Budget March YTD Actuals Mar.YTD % Approved Budget Positive (Negative) Variance from YTD Expected City Council 60,877 42,176 69.3%40,449 66.4%1,727 City Manager 511,669 344,957 67.4%259,486 50.7%85,470 1 City Attorney 64,000 42,336 66.1%42,400 66.3%(65) City Clerk 218,398 158,774 72.7%160,865 73.7%(2,090) Community Development 624,868 427,742 68.5%429,084 68.7%(1,342) Finance 501,035 351,593 70.2%353,252 70.5%(1,659) Public Safety 1,676,200 1,223,290 73.0%1,214,591 72.5%8,700 Public Works 624,541 490,440 78.5%445,191 71.3%45,250 2 Non-Departmental 696,015 657,988 94.5%657,731 94.5%258 4,977,603 3,739,297 75.1%3,603,049 72.4%136,248 1 2 Savings show as a result of additional appropriations approved by City Council during the First Quarter report which included additional funding for public safety, cameras, weekend code enforcement, tree trimming and other programs anc activities geared towards preserving and protecting the community. Savings show as a result of the Senior Engineer position being vacant for several months during the year. 2.a Packet Pg. 21 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY EXPENDITURE - General Government (2015-16 vs 2014-15) $30,669 $66,646 $45,756 $51,394 $45,032 $1,182 $65,559 $58,780 $43,082 $53,826 $34,057 $117,018 $44,157 $68,684 $52,345 $40,303 $41,540 $50,873 $96,533 $50,099 $58,669 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $613,001 $503,203 $588,243 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 22 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY EXPENDITURE - Community Development Dept (2015-16 vs 2014-15) $50,215 $75,247 $63,027 $103,646 $56,463 $68,632 $89,347 $66,396 $97,799 $98,386 $85,470 $195,345 $42,179 $36,732 $60,320 $27,247 $37,000 $58,890 $57,618 $49,665 $59,432 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,049,973 $429,083 $918,183 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 23 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY EXPENDITURE - Finance (2015-16 vs 2014-15) $8,368 $24,457 $35,837 $62,204 $49,272 $31,714 $68,273 $30,082 $6,230 $73,270 $34,660 $84,778 $11,091 $34,549 $44,603 $31,948 $45,276 $67,424 $37,984 $35,889 $44,489 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $509,145 $353,253 $351,593 - 100,000 200,000 300,000 400,000 500,000 600,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 24 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHYL EXPENDITURE - Public Safety (2015-16 vs 2014-15) $272,465 $0 $125,622 $125,622 $11,841 $0 $376,866 $125,622 $136,806 $272,716 $1,000 $137,037 $145,553 $132,057 $126,243 $132,057 $144,433 $132,057 $128,378 $141,754 $132,057 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals 1,585,597 1,214,589 1,223,290 100,000 300,000 500,000 700,000 900,000 1,100,000 1,300,000 1,500,000 1,700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 25 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 )       This page left intentionally blank.       2.a Packet Pg. 26 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) GENERAL FUND EXPENDITURE BY CATEGORY 2.a Packet Pg. 27 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) City of Grand Terrace FY 2015-16 General Fund Monthly Financial Report For the Period Ending March 31, 2016 EXPENDITURES BY CATEGORY Expenditure Approved Budget March YTD Projected Expenditures Mar. YTD % Approved Budget March YTD Actuals Mar. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Salaries 791,430 565,961 71.5%456,177 57.6%109,784 1 Benefits 295,873 230,870 78.0%218,779 73.9%12,091 1 Professional/Contractual Services 3,213,733 2,327,808 72.4%2,310,929 71.9%16,879 2 Materials & Supplies 182,202 115,992 63.7%123,057 67.5%(7,065) Lease of Facility/Equipment 4,400 3,172 72.1%4,704 106.9%(1,532) Equipment 0 0 0 0 Capital Projects 0 0 0 0 Utilities 132,400 82,971 62.7%87,232 65.9%(4,261) Debt Service 257,800 257,800 100.0%254,848 98.9%2,952 Overhead Cost Allocation (281,735)(211,370)75.0%(211,302)75.0%(68) Transfers Out 381,500 366,092 96.0%358,625 94.0%7,467 4,977,603 3,739,297 75.1%3,603,049 72.4%136,248 1 2 Projected expenditures are based on last year's actuals. Payments for professional services were processed later this current year than that of last fiscal year. Savings show as a result of additional appropriations approved by City Council during the First Quarter report for quality of life programs which included additional funding for personnel; in addition there were savings from positions that were vacant during the first half of the fiscal year. 2.a Packet Pg. 28 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY EXPENDITURE - Salaries (2015-16 vs. 2014-15) $31,794 $80,465 $47,975 $50,644 $48,890 $12,434 $77,909 $52,637 $50,350 $51,656 $52,455 $91,028 $55,881 $51,814 $52,468 $49,353 $44,587 $41,926 $64,982 $46,940 $48,226 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $648,238 $456,177 $565,961 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 29 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) EXPENDITURE - Benefits $11,880 $15,936 $21,058 $17,053 $14,517 $20,265 $33,861 $26,013 $30,033 $24,495 $22,607 $207,304 $26,333 $16,766 $33,942 $15,837 $18,974 $27,935 $32,135 $15,828 $31,028 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $445,021 $218,779 $230,870 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 30 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) EXPENDITURE - Professional/Contractual Services $317,366 $37,827 $258,492 $260,929 $109,616 $98,305 $484,303 $182,753 $209,683 $411,208 $85,763 $400,951 $179,594 $258,228 $294,350 $211,637 $226,602 $327,636 $254,145 $251,835 $306,903 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals 2,857,196 2,310,929 2,327,808 100,000 600,000 1,100,000 1,600,000 2,100,000 2,600,000 3,100,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 31 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) EXPENDITURE - Materials & Supplies $6,167 $10,079 $7,104 $8,809 $16,802 $5,169 $6,766 $18,069 $17,502 $20,328 $3,911 $58,659 $13,786 $18,516 $5,164 $4,919 $23,089 $10,892 $8,704 $15,023 $22,965 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $179,366 $123,057 $115,992 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 32 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) CHILD CARE FUND REVENUE AND EXPENDITURE 2.a Packet Pg. 33 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) ``REVENUES Approved Budget Revised March YTD Expected Receipts Mar. YTD % Approved Budget March YTD Actuals Mar. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Tiny Tot Program 80,794 59,796 74.0%51,273 63.5%(8,523) After School Program 401,976 282,200 70.2%240,486 59.8%(41,714)1 Pre-School Program 724,839 519,640 71.7%425,256 58.7%(94,384) Nutrition Program Grant 30,000 12,900 43.0%20,813 69.4%7,913 1,237,609 874,536 70.7%737,828 59.6%(136,709) 1 EXPENDITURES Approved Budget Revised March YTD Projected Expenditures Mar. YTD % Approved Budget March YTD Actuals Mar. YTD % Approved Budget Positive (Negative) Variance from YTD Expected Salaries 601,990 445,413 74.0%425,164 70.6%20,250 1 Benefits 265,394 202,158 76.2%152,608 57.5%49,550 1 Professional/Contractual Services 29,600 20,341 68.7%15,008 50.7%5,333 Materials & Supplies 83,400 54,835 65.7%48,149 57.7%6,687 Lease of Facility/Equipment 4,000 4,000 100.0%120 3.0%3,880 Equipment 400 300 75.0%0 0.0%300 Capital Projects 11,400 6,394 56.1%3,499 30.7%2,895 Utilities 16,000 10,114 63.2%16,678 104.2%(6,564) Overhead Cost Allocation 198,800 149,078 75.0%149,100 75.0%(22) 1,210,984 892,634 73.7%810,326 66.9%82,308 1 City of Grand Terrace FY 2014-15 Child Care Fund Monthly Financial Report For the Period Ending March 31, 2016 Salaries & Retirement Benefits are less due to the current monthly payment CalPERS; however, a lump-sum amount will be due to CalPERS at the end of the fiscal year for the City's accrued pension liability. Child Care enrollment has declined during the last few months due to several families relocating & some parents losing their jobs; staff has presented a financial status update to City Council & will address the projected deficit by year-end. 2.a Packet Pg. 34 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY REVENUE - Child Care (2015-16 vs 2014-15) $61,872 $101,770 $94,221 $96,879 $82,320 $79,587 $72,047 $117,118 $98,082 $80,620 $100,083 $135,072 $54,764 $83,420 $92,401 $84,033 $73,395 $69,526 $96,804 $90,818 $92,665 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,116,708 $737,828 $874,536 - 200,000 400,000 600,000 800,000 1,000,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 35 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) MONTHLY EXPENDITURE - Child Care (2015-16 vs 2014-15) $47,471 $94,829 $123,450 $71,732 $63,878 $120,464 $100,169 $67,346 $125,609 $72,350 $68,032 $193,411 $68,044 $66,357 $132,215 $65,844 $64,902 $124,930 $96,399 $65,403 $126,231 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2015-16 Actuals 2014-15 Actuals $1,270,297 $810,326 $892,634 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected FY2014-15 Actuals FY2015-16 Actuals FY2015-16 Expected 2.a Packet Pg. 36 At t a c h m e n t : M A R M o n t h l y F i n a n c i a l R p t F I N A L ( 1 9 0 8 : M o n t h l y F i n a n c i a l R e p o r t f o r M a r c h 2 0 1 6 ) AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: Interstate 215 Barton Road Cooperative Utility Agreement with the San Bernardino County Transportation Commission and the City of Colton PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: 1) Approve Cooperative Utility Agreement No. 23787 between the City of Grand Terrace, City of Colton Utility Authority, and the San Bernardino Transportation Commission for the Interstate 215 Barton Road Interchange Project; and 2) Authorize the City Manager to execute the Agreement. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure; and Goal #3 Promote Economic Development by investing in infrastructure needed to support business attraction and retention. BACKGROUND: The Interstate 215 (I-215) Barton Road Interchange Project (PROJECT) proposes to improve traffic operations and reduce traffic congestion on Barton Road and ramp intersections. The Project improvements include replacement of the Barton Road overcrossing, reconstruction and widening of Barton Road, realignment of the existing entrance and exit ramps, local road improvement, and traffic signal modifications. The City of Grand Terrace owns the sewer facilities and the City of Colton Utility Authority operates and maintains these facilities through a Sewer Services Agreement dated March 18, 2014 and a Wastewater Enterprise Lease Agreement dated July 1, 2014. The sewer facilities are impacted by the PROJECT and must be relocated. The City of Colton Utility Authority has agreed to prepare the engineering designs and provide construction inspection for the sewer facilities relocation, and San Bernardino Transportation Commission (SANBAG), through its contractor, will perform the sewer facilities relocation as part of the PROJECT. The PROJECT is being designed and bid for construction by the California Department of Transportation. The current schedule will have the PROJECT beginning construction in the Spring of 2017. DISCUSSION: 3 Packet Pg. 37 This Cooperative Utility Agreement (No. 23787) defines the roles and responsibilities of the parties relative to sewer facilities. It identifies SANBAG as the responsible party for fully funding this work. The City of Colton Utility Authority executed this agreement on May 3, 2016. Under this agreement the City is responsible for providing permits, plan reviews and oversight at no cost to the San Bernardino Transportation Commission or to consultants and contractors, for the work on the PROJECT. City staff concurs with the terms of this agreement and is recommending that the Council authorize the City Manager to execute the three party Agreement No. 23787 between the City of Grand Terrace, City of Colton Utility Authority, and the San Bernardino Transportation Commission for the PROJECT. FISCAL IMPACT: None at this time. ATTACHMENTS:  I 215 Barton UA Grand Terrace Colton Sewer FINAL 3 28 16 (DOCX) APPROVALS: Yanni Demitri Completed 05/05/2016 10:35 AM City Attorney Completed 05/05/2016 2:41 PM Finance Completed 05/05/2016 2:57 PM City Manager Completed 05/05/2016 1:45 PM City Council Pending 05/10/2016 6:00 PM 3 Packet Pg. 38 SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION Page 1 of 5 UTILITY AGREEMENT SANBAG Agreement No. C16-1001464 C16-1001464 DISTRICT 08 COUNTY San Bernardino ROUTE Barton Rd. / I-215 POST MILE 08-SBD-RT 215-PM 0.6/1.7 PROJECT ID 08000002821 FEDERAL AID NUMBER HPLULN 6053(115) OWNER’S PLAN NUMBER FEDERAL PARTICIPATION On the project YES NO On the Utilities YES NO UTILITY AGREEMENT NO. 23787 DATE Whereas San Bernardino County Transportation Commission hereinafter called SANBAG, in cooperation with Caltrans, the City of Grand Terrace, and the City of Colton, propose to improve the Interstate 215 (I-215)/Barton Road interchange (PROJECT). The proposed project is located in the City of Grand Terrace and partially in the City of Colton in San Bernardino County, in the vicinity of I-215 and Barton Road. The project construction limits extend from approximately 0.3 mile (mi) west of I-215 to 0.4 mi east of I-215. The project construction limits on I-215 extend from approximately 0.6 mi south of Barton Road to 1.7 mi north of Barton Road. Whereas the City of Grand Terrace owns the sewer facilities impacted by the project and the City of Colton leases from Grand Terrace, and operates and maintains said facilities; and Whereas the City of Grand Terrace and City of Colton are collectively referred to as “OWNER; and Whereas the City of Grand Terrace, City of Colton and Colton Utility Authority have entered into a Sewer Services Agreement dated March 18, 2014 and a Wastewater Enterprise Lease Agreement dated July 1, 2014; and Whereas the City of Colton is authorized to legally sign for the Colton Utility Authority; and Whereas SANBAG, City of Grand Terrace, and City of Colton (the Parties) wish to enter into this Utility Agreement for the remediation of the conflicting sewer facilities for the project; Whereas, the City of Colton will prepare the engineering designs and provide construction inspection for the sewer facilities relocation, and SANBAG through its contractor will perform the sewer facilities relocation as part of the Interstate 215 (I-215)/ Barton Road interchange (PROJECT) that is being designed and bid for construction by the California Department of Transportation. Now, therefore in consideration of the above recitals and the contents of this agreement in whole the parties agree as follows: It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 23786 dated 3/25/2016 PROJECT contractor shall relocate OWNER’s sewer facilities located within Project area as shown on OWNER’s Plan which plans will be included in SANBAG’s Contract Plans for the improvement of I-215 and Barton Road area, Project ID 08000002821 and which, by this reference, are made a part hereof. OWNER, specifically the City of Colton, will develop the design plans for relocation of the sewer facilities (OWNER’s Plan) and provide construction inspection at SANBAG’s expense. Deviations from the OWNER’s Plan described above initiated by either SANBAG or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by SANBAG and agreed to/acknowledged by OWNER, will constitute an approved revision of the OWNER’s Plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by 3.a Packet Pg. 39 At t a c h m e n t : I 2 1 5 B a r t o n U A G r a n d T e r r a c e C o l t o n S e w e r F I N A L 3 2 8 1 6 ( 1 9 0 4 : S e w e r U t i l i t y A g r e e m e n t B e t w e e n C i t y , C o l t o n a n d S A N B A G ) UTILITY AGREEMENT (Cont.) Page 2 of 5 UTILITY AGREEMENT NO. 23786 C16-1001464 OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work by PROJECT’s contractor during construction. Upon completion of the work by PROJECT Contractor, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to SANBAG ownership of the replaced facilities. II. LIABILITY FOR WORK Existing facilities are lawfully maintained in their present location and qualify for relocation at SANBAG expense under the provisions of Section 703 of the Streets and Highways Code. III. PERFORMANCE OF WORK OWNER agrees to perform the herein described work, excepting that work performed by the PROJECT highway contractor, with its own forces or engineering consultant(s), and to provide and furnish all necessary labor, plans, specifications and estimates required therefore, and to design and inspect said work diligently to completion. OWNER, specifically the City of Colton, will develop the design plans for relocation of the sewer facilities at SANBAG’s expense. Said plans developed by the City of Colton, will be reviewed and approved by the City of Grand Terrace, prior to submittal to SANBAG. OWNER shall have access to all phases of the relocation work to be performed by PROJECT’s contractor as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Project Construction Contract; however, all questions regarding the work being performed will be directed to PROJECT’s Resident Engineer for their evaluation and final disposition. Use of out-of-state personnel (or personnel requiring lodging and meal “per diem” expenses) will not be allowed without prior written authorization by SANBAG representative. Requests for such permission must be contained in OWNER’s estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-SANBAG personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the California Department of Transportation’s Department of Personnel Administration travel expense guidelines. IV. PAYMENT FOR WORK SANBAG shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized bill, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that SANBAG will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to SANBAG for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills for costs incurred, not to exceed OWNER’s recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills, not to exceed the amount of this Agreement, may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by SANBAG of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this agreement. The OWNER shall submit a final bill to SANBAG within 360 days after the completion of the work described in Section I, paragraph two, above. If SANBAG has not received a final bill within 360 days after notification 3.a Packet Pg. 40 At t a c h m e n t : I 2 1 5 B a r t o n U A G r a n d T e r r a c e C o l t o n S e w e r F I N A L 3 2 8 1 6 ( 1 9 0 4 : S e w e r U t i l i t y A g r e e m e n t B e t w e e n C i t y , C o l t o n a n d S A N B A G ) UTILITY AGREEMENT (Cont.) Page 3 of 5 UTILITY AGREEMENT NO. 23786 C16-1001464 of completion of OWNER’s work described in Section I of this Agreement, and SANBAG has delivered to OWNER fully executed Easement Deeds, Consent to Common Use or Joint Use Agreements for OWNER’s facilities (if required), SANBAG will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If SANBAG processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by the SANBAG’s Board of Directors. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, SANBAG shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by SANBAG’s Board of Directors. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’S final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement, shall have the prior concurrence of SANBAG. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, 2 CFR Part 200 et al to the extent they are applicable. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of SANBAG’s request of April 10th, 2015 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If SANBAG’S Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, SANBAG will notify OWNER, in writing, and SANBAG reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. All obligations of SANBAG under the terms of this Agreement are contingent upon the acceptance of this Agreement by SANBAG’s Board of Directors. OWNER shall submit a Notice of Completion, specifically, acceptance of the work performed by the PROJECT highway contractor, to SANBAG within 30 days of the completion of the work described herein. It is understood that I-215 is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. 3.a Packet Pg. 41 At t a c h m e n t : I 2 1 5 B a r t o n U A G r a n d T e r r a c e C o l t o n S e w e r F I N A L 3 2 8 1 6 ( 1 9 0 4 : S e w e r U t i l i t y A g r e e m e n t B e t w e e n C i t y , C o l t o n a n d S A N B A G ) UTILITY AGREEMENT (Cont.) Page 4 of 5 UTILITY AGREEMENT NO. 23786 C16-1001464 SANBAG represents and warrants that this Utility Agreement is not subject to 23 CFR 635.410, the Buy America provisions as the contents of this Utility Agreement are for the sole purpose of preparing relocation plans and inspection of relocation work performed by the PROJECT contractor. THE ESTIMATED COST TO SANBAG FOR THE ABOVE DESCRIBED WORK IS $_____________ Signatures on Following Page 3.a Packet Pg. 42 At t a c h m e n t : I 2 1 5 B a r t o n U A G r a n d T e r r a c e C o l t o n S e w e r F I N A L 3 2 8 1 6 ( 1 9 0 4 : S e w e r U t i l i t y A g r e e m e n t B e t w e e n C i t y , C o l t o n a n d S A N B A G ) UTILITY AGREEMENT (Cont.) Page 5 of 5 UTILITY AGREEMENT NO. 23786 C16-1001464 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION OWNER: City of Grand Terrace APPROVED APPROVED By:______________________________ By:____________________________ Garry Cohoe, Director Bill Smith Grand Terrace City Manager Major Projects Department Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By:______________________________ By:____________________________ Eileen Monaghan Teichert Richard L. Adams, II Grand Terrace City Attorney General Counsel AGREED: City of Colton By: ___________________________ Victor Ortiz Colton City Manager Date: _________________________ APPROVAL RECOMMENDED APPROVED AS TO FORM By________________________________ By:___________________________ Michael Parker Date Colton City Attorney Utility Coordinator Overland, Pacific & Cutler, Inc. 3.a Packet Pg. 43 At t a c h m e n t : I 2 1 5 B a r t o n U A G r a n d T e r r a c e C o l t o n S e w e r F I N A L 3 2 8 1 6 ( 1 9 0 4 : S e w e r U t i l i t y A g r e e m e n t B e t w e e n C i t y , C o l t o n a n d S A N B A G ) This page left intentionally blank. AGENDA REPORT MEETING DATE: May 10, 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: Read by Title Only, Waive Further Reading and Adopt 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/DISCUSSION: On April 26, 2016, the City Council conducted a public hearing and voted to introduce and move to second reading adoption of a new Sign Code Ordinance. During the hearing, the Council made a change to require a Conditional Use Permit related to the Off-Site Sign Program. The attached ordinance reflects that change. An area of concern during the hearing was that the proposed ordinance did not allow the use of real estate open house signs in the City’s right of way. Staff discussed this with the City Attorney’s office and crafted language that would allow temporary signs in the right of way. Provided the business meets certain criteria it would be eligible for this type of signage. Proposed language for consideration is attached to the report. If it is the desire to the Council to allow temporary commercial signs in the right of way, staff would recommend re-introduction of the proposed ordinance to include new subsections 18.80.050.D (Temporary Off-Site Commercial Signs) to allow temporary off-site commercial signs and subsection 8.80.050.E (Exception and Appeal) for determinations to the exception. An example of temporary off site commercial signs would be real estate open house and yard sale signs. If it is not the desire of the Council to add these new provisions, then staff recommends adoption of the attached ordinance, as stated in the recommendation above. 4 Packet Pg. 44 FISCAL IMPACT: No fiscal impact. ATTACHMENTS:  Sign Code Ordinance 4.26.2016 (DOCX)  Temporary off-site commercial Signs section (050216) (DOCX) APPROVALS: Sandra Molina Completed 04/27/2016 8:33 AM City Attorney Completed 05/04/2016 1:40 PM Finance Completed 05/04/2016 3:55 PM Community Development Completed 05/04/2016 4:17 PM City Manager Completed 05/05/2016 1:05 PM City Council Pending 05/10/2016 6:00 PM 4 Packet Pg. 45 April 26, 2016 Page 1 of 48 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.a Packet Pg. 46 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 2 of 48 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.a Packet Pg. 47 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 3 of 48 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.a Packet Pg. 48 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 4 of 48 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.a Packet Pg. 49 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 5 of 48 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.a Packet Pg. 50 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 6 of 48 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.a Packet Pg. 51 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 7 of 48 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. 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. 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 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. 6. Awning sign. A sign displayed, written, silkscreened, or attached on an awning. 4.a Packet Pg. 52 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 8 of 48 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.a Packet Pg. 53 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 9 of 48 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. 19. City Manager. The City Manager of the City of Grand Terrace, or designee. 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.a Packet Pg. 54 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 10 of 48 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. 21. Commercial message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity. 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. 23. Copy. Any written words, letters, symbols, emblems, designs, figures, and logos used to attract attention to, or identify, a land use. 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.a Packet Pg. 55 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 11 of 48 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. 26. Director. The Director of Planning and Development Services of the City of Grand Terrace, including designee. 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. 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. 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. 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. 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. 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. 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. 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. 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 measured 4.a Packet Pg. 56 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 12 of 48 along the common lot line separating a lot or parcel of land from the public street or highway. 37. Gasoline price sign. Sign located at fuel stations which, typically, identify the brand or type and price of gasoline sold. 38. Glare. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. 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 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. 41. Human advertisement. Any person who is located anywhere within the city, and that 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. 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. 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. 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. 45. Logo. A visual symbol, representation, or character identifying the business or service provided. 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.a Packet Pg. 57 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 13 of 48 primary frontage determined independently from the rest of the building based on the aforementioned rules. 47. Maintenance. Replacement of copy, change of color, maintenance, or repair made to a sign. 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. 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. 50. Monument sign. See “Freestanding Sign”. 51. Noncommercial Sign. A sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. 52. Nonconforming Sign. A sign lawfully erected that does not comply with the provisions of this chapter. 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. 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. 55. Painted Sign. A sign that comprises only paint applied on a building or structure. 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. 57. Permanent sign. All signs referred to in Chapter 18.80, except for temporary signs. 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.a Packet Pg. 58 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 14 of 48 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. 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. 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. 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. 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. 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. 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.a Packet Pg. 59 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 15 of 48 66. Sign face. That area or portion of a sign on which copy is intended to be placed. 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. 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. 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. 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. C. Human Advertisements. All human advertisement is prohibited on public property in the City of Grand Terrace. 4.a Packet Pg. 60 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 16 of 48 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 designee. 3. Approval findings. A sign permit shall be granted when the city manager, or his or her designee 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. 4.a Packet Pg. 61 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 17 of 48 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. 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. 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: 4.a Packet Pg. 62 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 18 of 48 a. The applicant has installed a sign in violation of the provisions of this chapter anywhere on the subject property 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 zoning 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 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. 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. L. Judicial Review. Following final decision by the City Council, any affected party may seek judicial review of the final decision on a sign application pursuant to California Code of Civil Procedure §1094.8. 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 revocation. 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. 4.a Packet Pg. 63 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 19 of 48 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: 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. 1. No temporary on-site signs may be erected without a permit. 4.a Packet Pg. 64 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 20 of 48 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. 3. 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 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. 4.a Packet Pg. 65 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 21 of 48 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 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. 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. Section 18.80.100 Judicial review of city 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.a Packet Pg. 66 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 22 of 48 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 not exceeding thirty-two (32) square feet each in area per side, maximum of two sides 64 square feet total, fifteen feet (15’) in height, and set back a minimum of ten (10’) feet from the property line. One such sign is permitted per street frontage. 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 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.a Packet Pg. 67 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 23 of 48 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. 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.. 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 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. 14. Signs which are mobile, rotate, or move, except human signs. 4.a Packet Pg. 68 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 24 of 48 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.a Packet Pg. 69 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 25 of 48 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.a Packet Pg. 70 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 26 of 48 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 withany 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. 2. Setback and Spacing of Freestanding Signs. a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway. b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly 4.a Packet Pg. 71 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 27 of 48 maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city. J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance. K. Electronic Signs. The city finds and declares that a proliferation of electronic display signs throughout the city, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types. Therefore, the City through this Sign Code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the city as of the effective date of this 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) 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 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: 4.a Packet Pg. 72 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 28 of 48 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: 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. 4.a Packet Pg. 73 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 29 of 48 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 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 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; 4.a Packet Pg. 74 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 30 of 48 (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 comply with any and all safety standards as prescribed by the State of California. Such reviews shall not consider message content. 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: 4.a Packet Pg. 75 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 31 of 48 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 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. 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 (ii) Reverse channel letters (iii) Foam letters with a hard surface 4.a Packet Pg. 76 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 32 of 48 (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.a Packet Pg. 77 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 33 of 48 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.a Packet Pg. 78 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 34 of 48 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.a Packet Pg. 79 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 35 of 48 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 sqft3) 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.a Packet Pg. 80 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 36 of 48 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.a Packet Pg. 81 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 37 of 48 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.a Packet Pg. 82 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 38 of 48 sign containing arrows o 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.a Packet Pg. 83 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 39 of 48 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.a Packet Pg. 84 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 40 of 48 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. No time limit is placed on the display of window signs. 4. A window sign includes any interior sign within three feet of a window which is visible from the exterior of the business. 4.a Packet Pg. 85 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 41 of 48 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. 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. 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. 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 Off-site signs. 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 Conditional Use Permit. C. Off-Site Directional Signs. This section rescinds the Freestanding Residential Subdivision Directional Sign Program established by Resolution Nos. 80-20 and 82-10 adopted by the City Council. D. General Requirements 1. A conditional use permit shall be submitted that includes a sign location plan showing the site of each 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 sign. 4.a Packet Pg. 86 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 42 of 48 5. Signs shall be located outside of clear sight triangles. 6. Signs 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 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. 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 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. 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 4.a Packet Pg. 87 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 43 of 48 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: 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 4.a Packet Pg. 88 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 44 of 48 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 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 4.a Packet Pg. 89 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 45 of 48 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: 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 4.a Packet Pg. 90 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 46 of 48 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.” 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. 4.a Packet Pg. 91 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 47 of 48 ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 4.a Packet Pg. 92 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) April 26, 2016 Page 48 of 48 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 4.a Packet Pg. 93 At t a c h m e n t : S i g n C o d e O r d i n a n c e 4 . 2 6 . 2 0 1 6 ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) Section 18.80.050. D. Exception: Temporary Off-site Commercial Signs. 1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business located in Grand Terrace that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location. 2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Section 18.73.040, that a particular type of business satisfies the criteria in Section 18.73.030(A). 3. Without a prior finding by the director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in subsection (A), above: a. Real estate directional signs, directing to properties that are for sale or for rent. b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur. 4. Temporary signs in the public right-of-way are subject to all of the following limitations: a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk. b. 2 Temporary signs displayed under this section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median. c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences. d. No more than seven (7) signs per business may be temporarily placed in the public right-of-way at any one time. 4.b Packet Pg. 94 At t a c h m e n t : T e m p o r a r y o f f - s i t e c o m m e r c i a l S i g n s s e c t i o n ( 0 5 0 2 1 6 ) ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) e. A distance of five hundred (500) feet or more is required between individual signs on the same street. This limitation does not apply to signs that pertain to different properties. f. The sign area shall be no larger four (4) square feet. g. 8. All signs shall not exceed 3’ (three feet) in height, measured from the highest street grade in contact with the sign to the top of the sign. h. 9. No signs shall be placed so as to obstruct pedestrians’ and motorists’ view of signs erected by a local, state, or federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs. i. 10. No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles. j. 11. No signs shall be placed so as to obstruct ingress and egress to any public or private property. k. 12. Temporary signs displayed under this section shall only be placed on the public right-of-way Thursday through during the hours of 8:00 a.m. to 5:00 p.m. l. 13. Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. m. 14. Any other reasonable restrictions, or modifications to the above restrictions, which the director finds are necessary to further the purposes of this Code, consistent with the type of sign or business. E. Exception and Appeal. 1. The director must make the determination of whether a business falls within the exception in Section 18.80.050.D within five (5) business days of receipt of a written request by the sign’s owner for such determination. The director shall notify the applicant of his or her decision forthwith by U.S. Mail. 2. In the event that the director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the director’s decision in writing to the city manager, who shall review all relevant evidence relating to the appeal. The city manager shall make a determination within five (5) business days of receipt of the appeal. The city manager shall notify the applicant of the determination forthwith by U.S. Mail. 4.b Packet Pg. 95 At t a c h m e n t : T e m p o r a r y o f f - s i t e c o m m e r c i a l S i g n s s e c t i o n ( 0 5 0 2 1 6 ) ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) 3. In the event that the city manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the city manager’s decision in accordance with Section 18.80.090 Appeals. 4.b Packet Pg. 96 At t a c h m e n t : T e m p o r a r y o f f - s i t e c o m m e r c i a l S i g n s s e c t i o n ( 0 5 0 2 1 6 ) ( 1 9 0 6 : S i g n C o d e O r d i n a n c e - S e c o n d R e a d i n g ) This page left intentionally blank. AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: 2016-2017 Landscape & Lighting Assessment District 89-1 PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: 1. Adopt A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE INCREASE IN THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT 2. Adopt A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF PROPOSED INCREASED ASSESSMENTS FOR THE FISCAL YEAR 2016 - 2017 IN A DISTRICT WITHIN SAID CITY 3. Adopt A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN INCREASED ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREET AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON 2030 VISION STATEMENT: This staff report supports Goal #1 to Ensure our Fiscal Viability by ensuring appropriate cost recovery for services. BACKGROUND: In 1989, the City Council required developers of Tract 13364 to form an Assessment District for the purpose of maintaining the landscaping and lighting serving the project, as required by the conditions of approval. Subsequently, two other developments were required to be included in this program. The developments were annexed into the original assessment district as Annexation No. 1. 5 Packet Pg. 97 The 89-1 District boundaries of the Landscaping and Lighting Assessment District are the boundaries of Tract 13364. The boundaries of Annexation No. 1 are the boundaries of Tracts numbered 14264 and 14471, respectively. For purposes of this report, 89-1 District and Annexation No. 1 are jointly referred to as “Assessment District”. DISCUSSION: Each year, an Engineer’s Report is prepared and considered by City Council for the levy of annual assessments for maintenance and operation of the Assessment District. Assessment of each parcel is made in the same manner, at the same time, as payments are made for property taxes for each Property. The annual report takes into consideration costs of operation and maintenance for the previous year and the amount assessed along with the Assessment District’s cost of operations and maintenance for the coming fiscal year. Based on the costs and estimates, credits are given for any funds assessed over and above the previous year. These costs are then spread to the benefiting properties. Staff has reviewed the expenditures for the Assessment District for Fiscal Year 2015- 2016. The Engineer's Report estimates the full cost of operations and maintenance to be $14,858.33. This exceeds the current assessment levied and collected of $7,571.37, by $7,286.96. Any increase to the existing assessment is subject to a Proposition 218 hearing. It is important that the City recoup its true cost for services; however, to do so in this instance is a substantial increase. In order to mitigate the impact of this substantial increased assessment on residents, staff recommends recouping an adjusted assessment - a limited amount of the actual cost. In subsequent years, subsequent Proposition 218 hearings would be conducted to achieve true costs recovery. The attached Engineer’s Report includes detailed information on the composition of the adjusted assessment. The Table below provides a simple chart of the True Cost Assessment, the Current Assessment, and Adjusted Assessment, for each parcel, for each Assessment District area: 2015-16 Actual Expenditures by Tract (Terrace Pines) Canal - 13364, 20 parcels Expense True Cost Current Assessment Proposed Adjusted Assessment Assessment Per Parcel $449.03 $236.32 $280.15 Monthly $37.42 $19.69 $23.35 Adjusted assessment reflects a $3.66 (18.55%) monthly increase per parcel. 5 Packet Pg. 98 Forrest City Phase II - 14264, 1 parcel Expense True Cost Current Assessment Proposed Adjusted Assessment Assessment Per Parcel $1,431.24 $697.00 $867.00 Monthly $119.27 $58.08 $72.25 Adjusted assessment reflects a $14.17 (24.39%) monthly increase per parcel. Oriole - 14471, 17 parcels Expense True Cost Current Assessment Proposed Adjusted Assessment Assessment Per Parcel $261.56 $126.35 $143.29 Monthly $21.80 $10.53 $11.94 Adjusted assessment reflects a $1.41 (13.41%) monthly increase per parcel. Servicing and administration of the City’s landscape maintenance program shall be according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15, of the Street and Highways Code of the State of California. The Proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California. FISCAL IMPACT: The Engineer's Report estimates a fiscal impact of $14,858.33. The current total approved assessment of $7,571.37 for Fiscal Year 2016/17 is not sufficient to cover the total cost for maintenance and operation of the Assessment District. The City is currently left with an estimated shortage of $7,286.96. If the Prop 218 Ballot is approved and implemented, the total adjusted assessment would be $8,905.88 and would leave an estimated shortage of $5,952.45, which is an impact that would be realized and paid by the General Fund. In order to continue to reduce the District’s shortfall, Staff intends to re-ballot the District to increase the assessment and reduce the General Fund contribution, in subsequent years. ATTACHMENTS:  Order of Procedure (DOCX)  LandscapeLightingTractMap.pdf (PDF)  Resolution Initiating Proceedings (DOCX)  FY1617 Grand Terrace AD 89-1 Preliminary Engineer's Report (PDF)  Resolution Approving Engineer's Report (DOCX)  Resolution of Intention (to publish) (DOCX) 5 Packet Pg. 99 APPROVALS: Sandra Molina Completed 05/04/2016 3:30 PM Finance Completed 05/04/2016 3:54 PM City Attorney Completed 05/05/2016 2:32 PM Community Development Completed 05/05/2016 2:37 PM City Manager Completed 05/05/2016 4:13 PM City Council Pending 05/10/2016 6:00 PM 5 Packet Pg. 100 ORDER OF PROCEDURE CITY OF GRANDTERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 DATE OF MEETING: May 10, 2016 STAFF: Present map showing the general boundaries of the area of the District, and showing in general terms the work of improvement to be maintained. CITY COUNCIL: Adopt RESOLUTION ORDERING CITY ENGINEER TO PREPARE PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM AND ASSESSMENT. STAFF: Present to the City Council the “Report,” pursuant to the “Landscaping and Street Lighting Act of 1972.” Consisting of the following 1. Plans and specifications; 2. Estimates of cost; 3. Diagram of proposed District; 4. Assessment of costs. CITY COUNCIL: Adopt RESOLUTION APPROVING ENGINEER’S “REPORT.” CITY COUNCIL: Adopt RESOLUTION OF INTENTION (For purpose of setting the public hearing on July 12, 2015) 5.a Packet Pg. 101 At t a c h m e n t : O r d e r o f P r o c e d u r e ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) This page left intentionally blank. 5.b Packet Pg. 102 At t a c h m e n t : L a n d s c a p e L i g h t i n g T r a c t M a p . p d f ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 5.b Packet Pg. 103 At t a c h m e n t : L a n d s c a p e L i g h t i n g T r a c t M a p . p d f ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE INCREASE IN THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT WHEREAS, the City Council has, by previous Resolutions, formed the City of Grand Terrace LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 (hereafter referred to as “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), in which annual assessments have been levied and collected in past fiscal years; and WHEREAS, said Act requires that proceedings for the levy of assessments shall be initiated by resolution describing any proposed new improvements or any substantial changes in existing improvements in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of California, and ordering the engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act. WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, desires to initiate proceedings for the increase of the annual levy of assessments for the District pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California. WHEREAS, the proceedings for the increased annual levy of assessments shall relate to the fiscal year commencing July 1, 2016, and ending June 30, 2017; and, WHEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting of the following: 1. Plans and specifications of the area of the works of improvement to be maintained; 2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment of the estimated costs for maintenance work for said fiscal year. 5.c Packet Pg. 104 At t a c h m e n t : R e s o l u t i o n I n i t i a t i n g P r o c e e d i n g s ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting and landscaping improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration. SECTION 3. That Sandra Molina, Director of Planning and Development Services, or her designee, is hereby ordered to prepare and file with this City Council, a "Report" relating to said increased annual assessment and levy in accordance with the provisions of Article IV, commencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California. SECTION 4. That upon completion, said "Report" shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code. PASSED, APPROVED AND ADOPTED this 10th day of May, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 5.c Packet Pg. 105 At t a c h m e n t : R e s o l u t i o n I n i t i a t i n g P r o c e e d i n g s ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, __________________, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2016- ________ was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 10th day of May, 2016, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this 10th day of May, 2016, at Grand Terrace, California. _________________________________ City Clerk for the City of Grand Terrace [SEAL] 5.c Packet Pg. 106 At t a c h m e n t : R e s o l u t i o n I n i t i a t i n g P r o c e e d i n g s ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) This page left intentionally blank. City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 2016/2017 ENGINEER’S REPORT Intent Meeting: May 10, 2016 Public Hearing: July 12, 2016 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com/financial 5.d Packet Pg. 107 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: Landscaping and Lighting Assessment District No. 89-1 City of Grand Terrace, County of San Bernardino, State of California This Report describes the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2016/2017, as the existed at the time of passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of the parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this ____________ day of ______________, 2016. Willdan Financial Services Assessment Engineer On Behalf of the City of Grand Terrace By: ________________________________ Susana Medina, Project Manager District Administration Services By: ________________________________ Richard Kopecky R. C. E. #16742 5.d Packet Pg. 108 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) TABLE OF CONTENTS INTRODUCTION ............................................................................................................. 1  Section I. PLANS AND SPECIFICATIONS ................................................................. 3  Improvements Authorized by the 1972 Act ................................................................................ 3  Plans and Specifications ........................................................................................................... 5  Section II. METHOD OF APPORTIONMENT ............................................................... 7  Proposition 218 Benefit Analysis ............................................................................................... 7  Benefit Analysis ......................................................................................................................... 8  Special Benefit ........................................................................................................................... 8  General Benefit .......................................................................................................................... 9  Assessment Methodology ........................................................................................................ 10  Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 10  Section IV. ASSESSMENT DIAGRAM ........................................................................ 13  Section V. ASSESSMENT ROLL ............................................................................... 16  5.d Packet Pg. 109 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 1 INTRODUCTION The City Council of the City of Grand Terrace adopted its General Plan with various elements to provide guidelines for orderly development within the community. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping, lighting and appurtenant facilities to enhance the quality of life and to benefit the value of property. The requirement for the construction and installation of landscaping, lighting and appurtenant facilities is a condition of approval for development and is a requirement of issuance of a permit for the construction of any residential, commercial, industrial and planned unit development. The installation of landscaping and lighting systems and the construction of the necessary appurtenant facilities is the responsibility of the property owner/applicant, as conditions of approval of a development application. The City may cause the installation by property owners directly, or accept financial arrangements for installation of these facilities. The cost of servicing, operation, maintenance, repair and replacement of the landscaping, lighting and appurtenant facilities in turn becomes the responsibility of the benefitting properties. The owners/applicants petitioned for formation of the Landscaping Lighting Assessment District and/or annexation. These have been completed, and will increase the City’s obligation for maintenance and servicing. The City of Grand Terrace is administering a lighting system for the benefit of all parcels of land within the City. The lighting benefit is directly related to public safety and property protection. These benefits have been studied widely, locally, regionally and nationally. The City has formed Landscaping and Lighting Assessment District 89-1 and subsequently annexed other parcels as Annexation No. 1 to said District to insure a fair and equitable levying of the necessary costs of servicing and maintenance of the respective facilities, which in turn will enhance the value of each and every parcel in the District directly and collectively. The 89-1 District Boundaries of the Landscaping and Lighting Assessment District are the boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92, Records of San Bernardino County. The boundaries of Annexation No. 1 are the boundaries of Zone 2 - Tract 14264 and Zone 3 - 14471, filed in Map Book 242, Pages 17 and 18, and Map Book 237, Pages 41 and 42, respectively, of said County. Servicing and administration of the City’s landscape maintenance program shall be 5.d Packet Pg. 110 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 2 according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California. This report is being prepared to provide for the annual assessment within these boundaries. Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each Property. The proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California. This annual Report is presented for the purpose of levy of annual assessment to the above described properties for the purpose of maintaining the lighting and landscaping during the Fiscal Year 2016/17. This report contains the necessary data required to conduct the proceedings and is submitted to the Clerk of the City for filing. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor’s Parcel Numbers and a dedicated fund number established for the District to identify properties to be assessed on the tax roll and the allocation of the funds collected. This Report consists of the following sections: Section I Plans and Specifications: Description of the District's improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Clerk of the City. Section II Method of Apportionment: A discussion of the general and special benefits associated with the overall landscaping street lighting improvements provided within the District (Proposition 218 Benefit Analysis). This section also includes a determination of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit. Section III Estimate of Improvement Costs: An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as 5.d Packet Pg. 111 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 3 set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk of the City. Section IV Assessment Diagram: A diagram showing the boundaries of the District is provided in this Report and includes all parcels that receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the San Bernardino County Assessor's Parcel Maps as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Section V Assessment Roll: A listing of the proposed assessment amount for each parcel within the District. The proposed assessment amount for each parcel is based on the parcel’s calculated proportional special benefit as outlined in the method of apportionment and proposed assessment rate established in the District Budget. These assessment amounts represent the assessments proposed to be levied and collected on the County Tax Rolls for Fiscal Year 2016/17. Section I. PLANS AND SPECIFICATIONS Improvements Authorized by the 1972 Act As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:  The installation or planting of landscaping.  The installation or construction of statuary, fountains, and other ornamental structures and facilities.  The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.  The maintenance or servicing, or both, of any of the foregoing. 5.d Packet Pg. 112 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 4  The acquisition of any existing improvement otherwise authorized pursuant to this section. Incidental expenses associated with the improvements including, but not limited to:  The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;  The costs of printing, advertising, and the publishing, posting and mailing of notices;  Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;  Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.  Costs associated with any elections held for the approval of a new or increased assessment. The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:  Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.  The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 5.d Packet Pg. 113 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 5 Plans and Specifications The District provides the necessary funding source for the annual maintenance, operation and servicing of the improvements that have been constructed and installed for the benefit of properties within the District. Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf, irrigation systems, and necessary appurtenances including curbs, hardscape, monumentations, fencing located in public right-of-ways, medians, parkways, and/or easements adjacent to public right-of-ways, in and along public thoroughfares and certain designated primary and secondary arterials. Lighting and appurtenant facilities includes poles, lighting fixtures, conduits and the necessary equipment to maintain, operate and replace a lighting system at designated intersections, in medians, parkways and adjacent to certain public facilities in and along certain streets, right-of-ways and designated lots. The installation of planting, landscaping, irrigation systems, lighting and the construction of appurtenant facilities to be operated, serviced and maintained, is more specifically described herein whereas, the landscaping and lighting facilities have been or will be provided by developers as a condition of subdivision of land, on part of the Conditional Use review and approval process. A. ZONES OF BENEFIT In an effort to ensure an appropriate allocation of the estimated annual cost to provide the District improvements based on proportional special benefits, this District is established with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act: “The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.” The parcels, lots, subdivisions and developments within the District are identified and grouped into one of three Zones. Each Zone reflects the landscape improvements associated with the development of properties in that Zone, in order to fairly and equitably apportion the net cost of providing those improvements to the properties that receive special benefits from the service and activities associated with those improvements. All of the parcels in the District are identified as single-family residential properties within three residential developments. These residential developments have been grouped into three different Zones that reflects each specific budget and 5.d Packet Pg. 114 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 6 improvements for that particular Zone. By establishing and utilizing a Zone structure, similar properties with similar types of improvements will be assessed a proportional amount for the services and activities provided by the District within each respective Zone. The improvements are the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities described as follows: Zone 1 - Tract 13364 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation systems, monuments, hardscapes, walls, fencing and appurtenant facilities in public right-of-ways and easements within the proposed boundary of said Assessment District. The locations of landscaping and appurtenant facilities are depicted on the Assessment Diagram as shown in Section IV. (b) Lighting Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of said Assessment District. Zone 2 - Tract 14264 (a) Landscaping Landscaping, planting, shrubbery, trees, turf, irrigation system and appurtenant facilities within the Gage Canal right-of-ways. During the Fiscal Year 2016/17, responsibility for the maintenance of these facilities shall remain with the developer. Water shall be supplied by and paid for through developer’s meter and no costs shall be shown on the tax rolls as assessments for the landscape maintenance during Fiscal Year 2016/17. (b) Lighting Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of-ways and easements within the proposed boundaries of the District. A total of 7 street lights are included in the boundaries of this development. Zone 3 - Tract 14471 5.d Packet Pg. 115 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 7 (a) Landscaping Landscaping, planting shrubbery, trees, and vines with Lot “A” of said Tract 14471, along with irrigation system for the improvements within Lot “A”. (b) Lighting Poles, fixtures, conduits, equipment, posts, pedestals, metering devices and appurtenant facilities as required to provide lighting in public right-of- ways and easements within the boundaries of the District. A total of 6 street lights are maintained within the boundaries of this development Section II. METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation, and servicing of street lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formulas used for calculating assessments reflect the composition of parcels within the District (which are all residential properties) and the improvements and activities to be provided, and have been designed to fairly apportion costs based on a determination of the proportional special benefits to each parcel with each Zone, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution. Proposition 218 Benefit Analysis The costs of the proposed improvements for Fiscal Year 2016/17 have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are assessed are public street lighting and landscaping improvements. These improvements generally were installed in connection with the development of the properties within the District. Article XIIID Section 2(d) defines District as follows: “District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; 5.d Packet Pg. 116 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 8 Article XIIID Section 2(i) defines Special Benefit as follows: “Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4a defines proportional special benefit assessments as follows: “An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” For 2016/17, the District is proposing to increase the assessment rate for all three Zones. This increase will permit the District to provide the standard level of service in the Zone. In order to approve the proposed increase, the District will conduct a property owner mail ballot protest proceeding pursuant to Proposition 218. If there is a majority protest against the proposed increase and inflation adjustment, the assessment will be levied at the current rate and services will continue to be provided at the reduced level of service. In this proceeding, because each of properties benefit from their respective street lighting and landscaping improvements within each of their Zones and each Zone has a separate budget and assessment rate to provide for a means to finance the ongoing maintenance of related public improvements within their Zones, for purposes of determining majority protest, the ballots for each Zone will be tabulated separately rather than collectively. Benefit Analysis Special Benefit The special benefits properties within the District will receive from the proposed improvements include, but are not limited to:  Improved aesthetic appeal of nearby properties providing a positive representation of the area and properties.  Enhanced adaptation of adequate green space, trees, and amenities 5.d Packet Pg. 117 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 9 within the urban environment.  Increased sense of pride in ownership of properties within the District resulting from their association with well-maintained improvements.  Enhanced quality of life and working environment within the area that is promoted by well-maintained landscaped areas and amenities.  Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities within public areas.  Increased social opportunities and leisure activities for customer’s residents and families, provided by a well-maintained neighborhood destination place for relaxation, socializing, and entertainment that is within easy walking distance.  Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the overall aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement to these properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the improvements would ultimately result in the deterioration of the improvements and facilities, which in turn could negatively impact the properties within the District. As such, the annual costs of ensuring the ongoing maintenance and operation of these improvements are considered a distinct and special benefit to the properties within the District and are therefore considered the financial obligation of those properties. The cost of any improvement or portion thereof that is considered to be of general benefit shall not be included as part of the special benefit assessments allocated to properties within the District. General Benefit In prior years, General Benefit costs were not included as part of the budgets and assessments for properties within the District. These improvements and associated incidental expenses were funded through other revenue sources available to the City. In the absence of a special funding District, the City would typically provide only weed abatement and erosion control services for landscaped areas. The cost to provide this baseline level of service is approximately $0.01 per square foot for landscape areas that require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of landscape space, Zone 2 – Tract 14264 has approximately 33,000 square feet of landscape space and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space. The proposed budgets for Fiscal Year 2016/17 show the general benefit amount which will be deducted from the cost of maintenance to arrive at a net special benefit assessment rate. 5.d Packet Pg. 118 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 10 Assessment Methodology This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes. The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support. The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits. To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. Section III. ESTIMATE OF IMPROVEMENT COSTS In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account. In particular, Zone 1 and Zone 3 requires trimming and pruning landscaping services that are proposed to be performed every five years. The proposed assessment includes a budgeted amount for trimming and pruning to collect for these services. The following outlines the budget to fund the District improvements based on the improvements to be maintained and the associated incidental expenses for Fiscal Year 2016/17, resulting in the proportional assessments calculated for each parcel that will be applied to the County Tax Rolls for Fiscal Year 2016/17. The cost of maintaining improvements for Fiscal Year 2016/17 are summarized as follows: 5.d Packet Pg. 119 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 11 Zone 1 Tract 13364 - Canal Budget Item Fiscal Year 2016/17 Assessment Fiscal Year 2016/17 Proposed Assessment (Actual Cost) Energy Costs – Street Lighting $597.60 $597.60 Water Supply 1,708.77 2,716.32 Trimming and Removal* 0.00 1,102.00 Replacement Parts 0.00 0.00 Contract Maintenance 1,920.00 2,080.00 Legal 0.00 158.00 Engineering 500.00 500.00 Auditor Controller Charges 0.00 0.00 Administrative Cost 0.00 1,524.73 Pruning Cycle Maintenance** 0.00 302.00 Annual Costs Total $4,726.37 $8,980.65 General Benefit - Collection/(Contribution) $0.00 (3,377.73) Balance to Levy $4,726.37 $5,602.92 Assessment per Parcel $236.32 $280.15 Number of Parcels 20 20 * Trimming and removal was a onetime service and the cost will be spread over the next five years. **Pruning services are performed every five years; the total cost of these services are spread over five years. 5.d Packet Pg. 120 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 12 Zone 2 Tract 14264 – Forrest City Phase II Budget Item Fiscal Year 2016/17 Assessment Fiscal Year 2016/17 Proposed Assessment (Actual Cost) Energy Costs – Street Lighting $697.00 $697.00 Water Supply 0.00 0.00 Trimming and Removal 0.00 0.00 Replacement Parts 0.00 0.00 Contract Maintenance 0.00 0.00 Legal 0.00 158.00 Engineering 0.00 500.00 Auditor Controller Charges 0.00 0.00 Administrative Cost 0.00 76.24 Pruning Cycle Maintenance 0.00 0.00 Annual Costs Total $697.00 $1,431.24 General Benefit - Collection/(Contribution) $0.00 (564.24) Balance to Levy $697.00 $867.00 Assessment per Parcel $697.00 $867.00 Number of Parcels 1 1 Zone 3 Tract 14471 – Oriole Budget Item Fiscal Year 2016/17 Assessment Fiscal Year 2016/17 Proposed Assessment (Actual Cost) Energy Costs – Street Lighting $498.00 $498.00 Water Supply 690.00 488.41 Trimming and Removal 0.00 0.00 Replacement Parts 0.00 0.00 Contract Maintenance 960.00 1,040.00 Legal 0.00 158.00 Engineering 0.00 500.00 Auditor Controller Charges 0.00 0.00 Administrative Cost 0.00 1,296.03 Pruning Cycle Maintenance* 0.00 466.00 Annual Costs Total $2,148.00 $4,446.44 General Benefit - Collection/(Contribution) $0.00 (2,010.48) Balance to Levy $2,148.00 $2,435.96 Assessment per Parcel $126.35 $143.29 Number of Parcels 17 17 * Pruning services are performed every five years, the total cost of these services will be spread over five years. Total approved assessment for Fiscal Year 2016/17 is $7,571.37. Proposed Assessment for Fiscal Year 2016/17 is $8,905.88. 5.d Packet Pg. 121 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 13 Section IV. ASSESSMENT DIAGRAM An Assessment Diagram for the Assessment District has been submitted to the Clerk of the City in the format required under the provision of the Act. The enclosed is a facsimile of subject submittal and is included herein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of San Bernardino, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. 5.d Packet Pg. 122 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 14 5.d Packet Pg. 123 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 15 5.d Packet Pg. 124 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 16 Section V. ASSESSMENT ROLL The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report. The proposed assessment and the amount of assessment for Fiscal Year 2016/17 apportioned to each lot or parcel is shown below. 5.d Packet Pg. 125 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2016/2017 City of Grand Terrace AD No. 89-1 17 Zone Tract Assessor's Parcel Number Fiscal Year 2016/17 Assessment Fiscal Year 2016/17 Proposed Assessment (Actual Cost) 1 13364 0275-301-09 $236.32 $280.15 1 13364 0275-301-10 $236.32 $280.15 1 13364 0275-301-11 $236.32 $280.15 1 13364 0275-301-12 $236.32 $280.15 1 13364 0275-301-13 $236.32 $280.15 1 13364 0275-301-14 $236.32 $280.15 1 13364 0275-301-15 $236.32 $280.15 1 13364 0275-301-16 $236.32 $280.15 1 13364 0275-301-17 $236.32 $280.15 1 13364 0275-301-18 $236.32 $280.15 1 13364 0275-301-19 $236.32 $280.15 1 13364 0275-301-20 $236.32 $280.15 1 13364 0275-301-21 $236.32 $280.15 1 13364 0275-301-22 $236.32 $280.15 1 13364 0275-301-23 $236.32 $280.15 1 13364 0275-301-24 $236.32 $280.15 1 13364 0275-301-25 $236.32 $280.15 1 13364 0275-301-26 $236.32 $280.15 1 13364 0275-301-27 $236.32 $280.15 1 13364 0275-301-08 $236.32 $280.15 2 14264 0275-251-81 $697.00 $867.00 3 14471 1178-181-16 $126.35 $143.29 3 14471 1178-181-17 $126.35 $143.29 3 14471 1178-181-18 $126.35 $143.29 3 14471 1178-181-19 $126.35 $143.29 3 14471 1178-181-20 $126.35 $143.29 3 14471 1178-181-21 $126.35 $143.29 3 14471 1178-181-22 $126.35 $143.29 3 14471 1178-181-23 $126.35 $143.29 3 14471 1178-181-24 $126.35 $143.29 3 14471 1178-181-25 $126.35 $143.29 3 14471 1178-181-26 $126.35 $143.29 3 14471 1178-181-27 $126.35 $143.29 3 14471 1178-181-28 $126.35 $143.29 3 14471 1178-181-29 $126.35 $143.29 3 14471 1178-181-30 $126.35 $143.29 3 14471 1178-181-31 $126.35 $143.29 3 14471 1178-181-32 $126.35 $143.29 Zone Totals: Zone 1 $5,603.00 Zone 2 $867.00 Zone 3 $2,435.93 Grand Total:$8,905.93 5.d Packet Pg. 126 At t a c h m e n t : F Y 1 6 1 7 G r a n d T e r r a c e A D 8 9 - 1 P r e l i m i n a r y E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF PROPOSED INCREASED ASSESSMENTS FOR THE FISCAL YEAR 2016 – 2017 IN A DISTRICT WITHIN SAID CITY WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of increased assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 (hereinafter referred to as the "District"); and, WHEREAS, there has now been presented to this City Council the "Report" as required by Article 4 of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the proposed increased assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said "Report." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" as presented, consisting of the following: A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; D. Assessment of the estimated cost; is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. 5.e Packet Pg. 127 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report." PASSED, APPROVED AND ADOPTED this 10th day of May, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 5.e Packet Pg. 128 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, Pat Jacquez-Nares, Interim City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2016- ______ was duly passed, approved, and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 10th day of May, 2016, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Executed this 10th day of May, 2016, at Grand Terrace, California. _________________________________ Pat Jacquez-Nares City Clerk for the City of Grand Terrace [SEAL] 5.e Packet Pg. 129 At t a c h m e n t : R e s o l u t i o n A p p r o v i n g E n g i n e e r ' s R e p o r t ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) This page left intentionally blank. RESOLUTION NO. 2016- ______ A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN INCREASED ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREET AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA, desires to levy increased assessments within LANDSCAPING AND STREET LIGHITNG DISTRICT NO. 89-1 (the “District”) pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”); and, WHEREAS, at this time, this City Council is desirous to provide for an increased annual levy of assessments for the territory within the District for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said increased annual levy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. Pursuant to the Act (specifically, Streets and Highways Code Section 22624), the City Council hereby finds and declares that the public interest and necessity require the maintenance and servicing of landscaping and public lighting facilities in the District, and contingent upon compliance with, as applicable, the requirements of the Act, Article XIIID of the California Constitution (commonly known as “Proposition 218”) and the Proposition 218 Omnibus Implementation Act (set forth at Government Code Sections 53750-53758), the City Council hereby declares its intention to levy and collect proposed new or increased assessments within the District for the continual maintenance of certain improvements, all to serve and benefit said 5.f Packet Pg. 130 At t a c h m e n t : R e s o l u t i o n o f I n t e n t i o n ( t o p u b l i s h ) ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. REPORT SECTION 3. That the "Report" of the Engineer regarding the annual levy for said District, which "Report" is for maintenance for the fiscal year 2016-2017 is hereby approved and is directed to be filed in the Office of the City Clerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the increased annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and convenience to levy and collect the increased annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report." Section 5. The property owner protest ballot proceeding conducted for the District shall be tabulated separately and constitute the property owners’ approval or rejection of the proposed increased assessments described in the Engineer’s Report. Section 6. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account, as noted in the Engineer’s Report. DESCRIPTION OF MAINTENANCE SECTION 7. The assessments levied and collected shall be for the maintenance of certain landscaping and street lighting improvements, as set forth in the Engineer's "Report," referenced and so incorporated herein. COUNTY AUDITOR SECTION 8. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County 5.f Packet Pg. 131 At t a c h m e n t : R e s o l u t i o n o f I n t e n t i o n ( t o p u b l i s h ) ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 9. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND”, CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 10. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the District. SECTION 11. NOTICE IS HEREBY GIVEN THAT TUESDAY, JULY 12, 2016, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE INCRESED ANNUAL LEVY OF ASSESSMENTS, TO TABULATE PROPOSITION 218 BALLOTS, CONSIDER ALL ORAL STATEMENTS AND COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSON CONCERNING THE PROPOSED INCREASED ASSESSMENTS TO THE EXTENT OF THE MAINTENANCE AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. 5.f Packet Pg. 132 At t a c h m e n t : R e s o l u t i o n o f I n t e n t i o n ( t o p u b l i s h ) ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) NOTICE SECTION 12. The City Clerk is directed to publish this Resolution of Intention pursuant to Government Code Section 6061, said publication to be completed no later than ten (10) days prior to the date set for the Public Hearing. EFFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Sandra Molina, Planning and Development Services CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92324 PASSED, APPROVED AND ADOPTED this 10th day of May, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor for the City of Grand Terrace ATTEST: _________________________________ Pat Jacquez-Nares City Clerk for the City of Grand Terrace 5.f Packet Pg. 133 At t a c h m e n t : R e s o l u t i o n o f I n t e n t i o n ( t o p u b l i s h ) ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I, Pat Jacquez-Nares, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2015- _______ was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 10th day of May, 2016, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: EXECUTED this 10th day of May, 2016, at Grand Terrace, California. _________________________________ Pat Jacquez-Nares City Clerk for the City of Grand Terrace [SEAL] 5.f Packet Pg. 134 At t a c h m e n t : R e s o l u t i o n o f I n t e n t i o n ( t o p u b l i s h ) ( 1 8 8 1 : 2 0 1 6 - 2 0 1 7 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) This page left intentionally blank. AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: Measure I 2010-2040 Maintenance of Effort Base Year Level PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: Adopt a Resolution, approving the Measure I 2010-2040 Maintenance of Effort Base Year Level of $115,156 2030 VISION STATEMENT: The adoption of this resolution meets the City goal # 1 "Ensure our fiscal viability" and goal # 4 "Develop and Implement Successful Viability" BACKGROUND: San Bernardino County voters approved passage of Measure I, in November of 2004 authorizing San Bernardino Associated Governments (SANBAG), acting as the San Bernardino County Transportation Authority, to impose a one-half of one-percent retail transactions and use tax applicable in the incorporated and unincorporated area of the County of San Bernardino. DISCUSSION: Measure I Ordinance No. 04-01 of the San Bernardino County Transportation Authority and Authority Measure I 2010-2040 Strategic Plan (Strategic Plan) Policy VLS-22, states that Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes. Thus, the Strategic Plan requires each local jurisdiction to adopt a Maintenance of Effort base year level that is equivalent to the discretionary General Fund expenditures for transportation- related construction and maintenance activities in Fiscal Year 2008/2009, with some allowances for exceptions, to be approved by the Authority. Failure to meet the Maintenance of Effort base year level requirements can result in temporary to permanent withholding of Measure I Local Street Program funds. Based upon actual FY 2008/2009 expenditures using the SANBAG methodology, the calculated Maintenance of Effort for the City of Grand Terrace is $115,156, as depicted in attached Exhibit A - Measure I 2010-2040 Maintenance of Effort Base Year Calculation. FISCAL IMPACT: 6 Packet Pg. 135 Adoption of the Measure I 2010-2040 Maintenance of Effort Base Year Level of $115,156 commits the City to maintaining this minimum level of support from the General Fund in order to assure the continued pass through of Measure I funds for the Local Street Program. ATTACHMENTS:  2016 MOE Base Year-Exhibit A (XLSX)  MI MOE RES 2010-2040 Grand Terrace (DOCX) APPROVALS: Yanni Demitri Completed 05/05/2016 10:03 AM Finance Completed 05/05/2016 2:56 PM City Attorney Completed 05/05/2016 3:09 PM Public Works Completed 05/05/2016 4:12 PM City Manager Completed 05/05/2016 4:16 PM City Council Pending 05/10/2016 6:00 PM 6 Packet Pg. 136 Project Expenditures Included in General Ledger Total Project Cost General Fund Measure I Federal State City Funds Other Construction Projects: None -$-$-$-$-$-$-$ Maintenance Projects: 1. GF transfer for Street Projects 75,750$ 2. GF transfer for Street Sweeping 34,006$ 3. Storm Drain Maintenance 5,400$ Engineering/Administrative Overhead Not Allocated to Specific Projects:82,817$ Expenditure Totals -$197,973$ -$-$-$-$-$ Deductions for Special Consideration (Deduction Must Also be Included in Project Expenditures Above):Total Project Cost General Fund Construction Projects: None -$-$ Maintenance Projects:-$ None Engineering/Administrative Overhead Not Allocated to Specific Projects:-$82,817$ Deduction Totals -$82,817$ Total GF Expenditures 197,973$ Minus Deductions 82,817$ MOE Base Year 115,156$ State Reason Why Project Expenditure Should Be Deducted from MOE 0 Measure I 2010-2040 Maintenance of Effort Base Year Calculation Based on Fiscal Year 2008/2009 Construction and Maintenance Expenditures (Rounded to nearest dollar) Funding Breakdown 6.a Packet Pg. 137 At t a c h m e n t : 2 0 1 6 M O E B a s e Y e a r - E x h i b i t A ( 1 9 1 0 : M e a s u r e I 2 0 1 0 - 2 0 4 0 M a i n t e n a n c e o f E f f o r t s ) This page left intentionally blank. 3326 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE MEASURE I 2010-2040 MAINTENANCE OF EFFORT BASE YEAR LEVEL WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority (Authority) to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated area of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and WHEREAS, the Local Streets Program is a Measure I program that provides funds through a pass-through mechanism directly to local jurisdictions for expenditure on street and road construction, repair, maintenance and other eligible local transportation priorities; and WHEREAS, in accordance with Ordinance No. 04-01 of the San Bernardino County Transportation Authority and Authority Measure I 2010-2040 Strategic Plan (Strategic Plan) Policy VLS-22, Local Street Program funds shall not be used to supplant existing local discretionary funds being used for street and highway purposes; and WHEREAS, the Strategic Plan requires each local jurisdiction to adopt a Maintenance of Effort base year level that is equivalent to the discretionary General Fund expenditures for transportation-related construction and maintenance activities in Fiscal Year 2008/2009, with some allowances for exceptions, to be approved by the Authority; and WHEREAS, Authority will monitor local jurisdiction annual use of discretionary General Fund for transportation-related construction and maintenance activities relative to the Maintenance of Effort base year level through 2040 through the annual audit process; and WHEREAS, failure to meet the Maintenance of Effort base year level requirements can result in temporary to permanent withholding of Measure I Local Street Program funds. 6.b Packet Pg. 138 At t a c h m e n t : M I M O E R E S 2 0 1 0 - 2 0 4 0 G r a n d T e r r a c e ( 1 9 1 0 : M e a s u r e I 2 0 1 0 - 2 0 4 0 M a i n t e n a n c e o f E f f o r t s ) 3326 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, State of California, that the Measure I 2010-2040 Maintenance of Effort Base Year Level of $115,156 is hereby adopted. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10th day of May, 2016. ________________________________ Mayor of the City of Grand Terrace and of the City Council thereof ATTEST: ________________________________ City Clerk of the City of Grand Terrace 6.b Packet Pg. 139 At t a c h m e n t : M I M O E R E S 2 0 1 0 - 2 0 4 0 G r a n d T e r r a c e ( 1 9 1 0 : M e a s u r e I 2 0 1 0 - 2 0 4 0 M a i n t e n a n c e o f E f f o r t s ) AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: Traffic and Parking Related Issues on Westwood Street, Westwood Lane, and Palm Ave PRESENTED BY: Yanni Demitri, Public Works Director RECOMMENDATION: 1. Apply red curbing on existing no parking areas on Westwood Street, Westwood Lane, and refresh existing legal red curbs on Palm Ave. 2. Implement restricted parking by permit only on Westwood Street and Westwood Lane between the hours of 7:30 PM - 6:00 AM. 3. Adopt a resolution designating red curbs in the areas of Westwood Street, Westwood Lane, and Palm Ave as “Tow Away” zones in compliance with Section 22651 of the California Motor Vehicle Code. 4. Direct staff to return within 60 days with a franchise agreement for tow services for the exclusive removal of vehicles parked in the City’s “Tow-Away” zones. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" to ensure that our residents continue to enjoy an outstanding quality of life. BACKGROUND: City Staff and the City Council have been advised by a number of residents of traffic, access, noise, trespassing and littering issues along Westwood Street, Westwood Lane, and Palm Avenue. While some visitors are accessing the Blue Mountain, others are taking advantage of the quite, secluded and dimly lit areas. Grand Terrace residents and non-residents started flocking to Westwood Street after the access point to the Blue Mountain was gated on Palm and Honey Hill Dr. because of an escalation of illegal dumping to that site. DISCUSSION: Westwood Street dead ends at the base of Blue Mountain and has become an unofficial trailhead to Blue Mountain for various purposes (hiking, biking, etc.), and Westwood Lane is a cul-de-sac street. These two streets are substandard in width. The City’s standard is for a travel way of 36 feet, curb to curb, but neither of these streets meets that minimum width. Street parking is currently allowed on only one side of each street. 7 Packet Pg. 140 Residents along these streets are experiencing a number of undesirable conditions due to public access of Blue Mountain. Not all persons parking along the roadways are considerate or courteous. Some will litter along the roadways and some trespass onto private properties. In the early morning hours, residents are awakened by noise from car motors, the slamming of car doors and people talking loudly. Occasionally, cars parked along these streets block access to mailboxes and the mail carrier does not deliver if the mail vehicle cannot drive up to the mailboxes. To address residents concerns about people parking on Westwood late at night and early in the morning, staff is recommending a permit parking program be implemented on Westwood Street and Westwood Lane. The program would only allow permitted parking on the opposite side of the red curb between the hours of 7:30 p.m. to 6:00 a.m. Two permits will be issued to each property and three additional permits for guests. Vehicles can continue to park without a permit after 6:00 a.m. but no later than 7:30 p.m. Staff recommends an annual fee of $30.00 per residence.. Palm Avenue is a long cul-de-sac street that increases in elevation as it travels eastward. Towards the end of the cul-de-sac, there is a steep downhill grade on the north side of the street. The end of Palm Avenue is very dark and very secluded, which is attractive for persons looking for secluded areas to park. In addition to the potential for littering, and questionable activities, there is also a possible safety concern because of the steep downhill grade. The area was legally red curbed many years ago and staff will refresh the curb and enforce it as a ‘Tow Away” if Council approves staff’s recommendations. Staff will also be placing signs pertaining to littering prohibitions on Westwood and Palm. In addition we recommend paint pavement markings with the speed limit in 300 feet intervals on Palm Ave in the downhill direction to prompt motorists to adhere to the posted speed limit. We will continue our partnership with the Sheriff to patrol these areas and enforce all existing and new restriction. Once the signage and curb painting our in place residents will be informed of the new improvements and given appropriate contact numbers to law enforcement and towing Company. FISCAL IMPACT: An appropriation from the Gas Tax Fund in the amount of $5,000 is needed for new signs, red curb, pavement markings, and notices to residents. Fund No. Fund Title Description Amount 16 Gas Tax Fund Estimated Fund Balance $291,602.00 16 Gas Tax Fund Appropriation for Van Buren ($5,000.00) 7 Packet Pg. 141 Traffic Calming Project Revised Fund Balance $286,602.00 ATTACHMENTS:  CC Resolution_limiting parking - palm ave (DOCX)  CC Resolution_limiting parking (DOCX)  CC Resolution_Westwood Street No Parking (DOCX) APPROVALS: Yanni Demitri Completed 05/05/2016 10:02 AM Finance Completed 05/05/2016 1:58 PM City Attorney Completed 05/05/2016 2:46 PM Public Works Completed 05/05/2016 2:47 PM City Manager Completed 05/05/2016 5:17 PM City Council Pending 05/10/2016 6:00 PM 7 Packet Pg. 142 This page left intentionally blank. Page 1 of 3 RESOLUTION 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A LIMITED PARKING ZONE AND A NO PARKING ZONE ON PALM AVENUE WHEREAS, Section 22507 of the California Vehicle Code permits local agencies to restrict, by resolution, the parking or standing of vehicles on certain streets; WHEREAS, Section 10.04.310 of the Grand Terrace Municipal Code authorizes the City Council, on the basis of a traffic engineering investigation, to prohibit or the stopping, standing or parking of vehicles on certain highway at all or certain hours of the day; and WHEREAS, the City Traffic Engineer conducted such traffic engineering investigation. NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the above recitals are true and correct and are incorporated herein by reference. Section 2. That the parking, stopping, or standing of vehicles on Palm Avenue north side, from Honey Hill Drive to 23172 Palm Ave, is restricted between the hours of 7:30 PM to 6:00 AM, except as allowed by permit parking for residents and their guests. Elsewhere on Palm Ave between Honey Hill Drive and terminus is a “Tow Away” zone. Section 3. The City Council directs the City Manager to place the appropriate signs and/or street markings giving adequate notice thereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10th day of May, 2016. 7.a Packet Pg. 143 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g - p a l m a v e ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 2 of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 7.a Packet Pg. 144 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g - p a l m a v e ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 3 of 3 I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of May, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Pat Jacques-Nares City Clerk 7.a Packet Pg. 145 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g - p a l m a v e ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) This page left intentionally blank. Page 1 of 3 RESOLUTION 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A LIMITED PARKING ZONE ON THE NORTH SIDE OF WESTWOOD STREET AND THE WEST SIDE OF WESTWOOD LANE WHEREAS, Section 22507 of the California Vehicle Code permits local agencies to restrict, by resolution, the parking or standing of vehicles on certain streets; WHEREAS, Section 10.04.310 of the Grand Terrace Municipal Code authorizes the City Council, on the basis of a traffic engineering investigation, to prohibit or the stopping, standing or parking of vehicles on certain highway at all or certain hours of the day; and WHEREAS, the City Traffic Engineer conducted such traffic engineering investigation. NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the above recitals are true and correct and are incorporated herein by reference. Section 2. That the parking, stopping, or standing of vehicles on the north side of Westwood Street, from Honey Hill Drive to its easterly terminus, is restricted between the hours of 7:30 pm to 6:00 am, except as allowed by permit parking for residents and their guests. Section 3. That the parking, stopping, or standing of vehicles on the west side of Westwood Lane, from Westwood Street to cul-de-sac, is restricted between the hours of 7:30 PM to 6:00 AM, except as allowed by permit parking, for residents and their guests. Section 4. The City Council directs the City Manager to place the appropriate signs and/or street markings giving adequate notice thereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10th day of May, 2016. 7.b Packet Pg. 146 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 2 of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 7.b Packet Pg. 147 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 3 of 3 I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of May, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Pat Jacques-Nares City Clerk 7.b Packet Pg. 148 At t a c h m e n t : C C R e s o l u t i o n _ l i m i t i n g p a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) This page left intentionally blank. Page 1 of 3 RESOLUTION 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF WESTWOOD STREET AND THE EAST SIDE OF WESTWOOD LANE AND THE ENTIRE CUL-DE-SAC WHEREAS, Section 22507 of the California Vehicle Code permits local agencies to restrict, by resolution, the parking or standing of vehicles on certain streets; WHEREAS, Section 10.04.310 of the Grand Terrace Municipal Code authorizes the City Council, on the basis of a traffic engineering investigation, to prohibit or the stopping, standing or parking of vehicles on certain highway at all or certain hours of the day; and WHEREAS, the City Traffic Engineer conducted such traffic engineering investigation. NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the above recitals are true and correct and are incorporated herein by reference. Section 2. That the parking, stopping, or standing of vehicles on the south side of Westwood Street, from its intersection at Honey Hill Drive to its easterly terminus, is prohibited. Section 3. That the parking, stopping, or standing of vehicles on the east side of Westwood Lane, from its intersection at Westwood Street to its terminus as well as the entire cul-de-sac, is prohibited. Section 4. The City Council directs the City Manager to place the appropriate signs and/or street markings giving adequate notice thereof. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10th day of May, 2016. 7.c Packet Pg. 149 At t a c h m e n t : C C R e s o l u t i o n _ W e s t w o o d S t r e e t N o P a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 2 of 3 AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor 7.c Packet Pg. 150 At t a c h m e n t : C C R e s o l u t i o n _ W e s t w o o d S t r e e t N o P a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) Page 3 of 3 I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of May, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Pat Jacques-Nares City Clerk 7.c Packet Pg. 151 At t a c h m e n t : C C R e s o l u t i o n _ W e s t w o o d S t r e e t N o P a r k i n g ( 1 9 0 9 : W e s t w o o d - P a l m T r a f f i c I s s u e s ) This page left intentionally blank. AGENDA REPORT MEETING DATE: May 10, 2016 Council Item TITLE: Award of May 2016 Community Benefit Funds PRESENTED BY: Cynthia Fortune, Finance Director RECOMMENDATION: 1. Approve the award of $2,000 from the City’s Community Benefits Fund to the Foundation of Grand Terrace to help cover the cost of this year’s Grand Terrace Community Day; and 2. Approve the award of $2,000 from the City’s Community Benefits Fund to the Friends of the Grand Terrace Library to help cover the costs of the Grand Terrace Branch Library’s Summer Reading program. 2030 VISION STATEMENT: This staff report supports the following City Council Goals:  Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations; and  Goal #4 – Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations. BACKGROUND: On June 23, 2015, City Council approved the use of $25,000 from the City’s General Fund Reserve Balance, to establish a Community Benefits Fund (CBF). The Community Benefits Fund’s purpose is to provide funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City. On August 11, 2015, City Council approved the CBF Program Guidelines, Application and authorized the City Manager to implement the program. The City Council has approved 8 grants to date: 8 Packet Pg. 152 No. Account Title Approved Amount 1. Foundation of Grand Terrace $350 2. Terrace View Elementary PTA 1,000 3. Friends of the Grand Terrace Branch Library 1,750 4. Grand Terrace Little League 2,000 5. Grand Terrace Community Basketball (original award: $1,260) 1,136 6. The REC Center 2,000 7. The REC Center 310 8. Grand Terrace Youth Football & Cheer 2,000 TOTAL $10,546 DISCUSSION: The City has received two new applications from the following organizations: 1. The Foundation of Grand Terrace; and 2. Friends of the Grand Terrace Library. THE FOUNDATION OF GRAND TERRACE The Foundation of Grand Terrace is dedicated to strengthening the community of Grand Terrace by working closely with its community members, neighbors, service organizations and civic leaders to undertake projects that provide cultural enhancement, community beautification, community services, education, land conservancy, youth development and other projects that enhance the quality of life in Grand Terrace. Below summarizes the application submitted by the Foundation of Grand Terrace: Project Title: The Grand Terrace Community Day Project Activity: Public event for the entire community consisting of entertainment and education for those attending. Public Purpose: The theme of this year’s Community day is: “Ready, Set, Safe!” This event will promote safety and help bring the community together as a whole. Amount Requested: $2,000.00 8 Packet Pg. 153 Utilization of Funds: Funds will be used towards the rental of staging equipment and a sound system for entertainment and demonstrations. Funds will also be used for a tent or canopy to provide shade for a “kid’s zone.” As noted in the background, City Council has previously approved a $350 grant from the Community Benefits Fund to the Foundation of Grand Terrace in September for funding towards the GT Community Clean-Up Day. FRIENDS OF THE GRAND TERRACE BRANCH LIBRARY The Friends of the Grand Terrace Branch Library support the Grand Terrace Branch Library in its programs and activities through the holding of fund raising events such as book sales and sponsoring and/or staffing library events. The Friends share a love of books and learning, value the Grand Terrace Library as a place of knowledge and inspiration, and cherish the library as a vital community resource. In addition, the Friends strive to enhance the programs, services and materials through public awareness and cultural programs. The request submitted by the Friends is geared towards Library’s pre-school programs. Previously in November, the Friends of the Grand Terrace Library applied for and received Community Benefit Funds in the amount of $1,750.00 in order to reimburse them for supplies bought for the Grand Terrace Branch Library’s Preschool Maker Space. Below summarizes the application submitted by the league: Project Title: Summer Reading Program Project Activity: The Summer Reading Program provides a fun filled environment in which children a can experience through reading. Activities include reading, crafts, and education based performances. Public Purpose: To strengthen reading and comprehension skills of participating youth and encourage reading as a lifelong habit. Amount Requested: $2,000.00 Utilization of Funds: Funds will be used for books, performers, Summer Reading Program promotions and reading incentives. 8 Packet Pg. 154 RECOMMENDATION: After staff reviewed the application, it is recommended that City Council: 1. Approve the award of $2,000.00 of the City’s Community Benefits Fund to the Foundation of Grand Terrace; and 2. Approve the award of $2,000.00 of the City’s Community Benefits Fund to the Friends of the Library. Upon City Council approval, the applicants will comply with the following, if they have not already done so: 1. Issue the City of Grand Terrace an invoice for the grant amount; 2. Complete a W-9 form for reporting purposes; 3. Submit receipts within 30 days of the event/activity showing that the funds provided were used for their original intent. Attached are the submitted applications from the Foundation of Grand Terrace and the Friends of the Library. FISCAL IMPACT: Funds in the amount of $25,000 have been approved for the program and established in the Community Benefits Fund (Fund 61). If approved, the table below will show the balances of each category remaining in the fund: Fund No. Account No. Account Title Balance as of February2016 Proposed Grant Awards Balance 61 461-100 Youth Programs $2,114 ($2,000) $114 61 461-200 Art, Business & Service Org. 2,340 0 2,340 61 461-300 Community Waiver Requests 5,000 ($2,000) 3,000 61 461-400 Other Community Grants 5,000 0 5,000 TOTAL $14,454 ($4,000) $10,454 ATTACHMENTS:  CBF 2015-16-009 - Foundation of GT (PDF)  CBF 2015-16-010 -Library Summer Reading Program (PDF) 8 Packet Pg. 155 APPROVALS: Cynthia Fortune Completed 05/03/2016 9:07 PM Finance Completed 05/03/2016 9:07 PM City Attorney Completed 05/04/2016 12:39 PM City Manager Completed 05/05/2016 1:04 PM City Council Pending 05/10/2016 6:00 PM 8 Packet Pg. 156 This page left intentionally blank. Page 1 City of Grand Terrace Community Benefits Fund (GT-CBF) Program Guidelines 8.a Packet Pg. 157 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 2 Contents Objectives of the Community Benefits Fund ................................................................................................... 3 Principles ............................................................................................................................................................. 3 Eligibility Criteria ................................................................................................................................................ 3 Community Benefits Fund Outcomes .............................................................................................................. 3 Dates .................................................................................................................................................................... 4 Funding Levels ................................................................................................................................................... 4 Successful Applications .................................................................................................................................... 4 What will not be Funded .................................................................................................................................... 4 Assessment Process.......................................................................................................................................... 4 Assessment Criteria ........................................................................................................................................... 5 Weighting ............................................................................................................................................................ 5 Alignment to the Community Benefits Fund Outcomes (30 per cent weighting) ..................................... 5 Community Needs (20 per cent weighting) ............................................................................................. 5 Organizational Capacity (20 per cent weighting) ..................................................................................... 5 Access and Equity (15 per cent weighting) ............................................................................................. 5 Budget (15 per cent weighting) ................................................................................................................ 5 Other Factors that influence the final decisions for funding include: .......................................................... 5 Additional Assessment notes for Capital Works applications: ................... Error! Bookmark not defined. Essential Attachments for all Applications...................................................................................................... 6 Lobbying .............................................................................................................................................................. 6 Grant Terms and Conditions ............................................................................................................................. 6 Completing and Submitting your Application ................................................................................................. 6 Additional Information ....................................................................................................................................... 7 8.a Packet Pg. 158 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 3 The City of Grand Terrace is a dynamic and vibrant place, has a residential population of around 13,000 (as of 2015) a number of community organizations, all striving to make Grand Terrace a great place to be. The Community Benefits Fund program is delivered by the City of Grand Terrace City Council to support and empower people and communities to become engaged, to connect and to take local action. Objectives of the Community Benefits Fund • build relationships and allow the City of Grand Terrace to partner with community to support shared outcomes; • provide the opportunity for community to identify and respond to local issues, concerns and priorities that link with our priorities; • build community capacity and empower the community to take an active role in improving their quality of life; and • foster community involvement and participation. Principles The City of Grand Terrace’s approach to working with the community is underpinned by community strengthening principles. These guide how we work with community and the projects prioritized for funding. These principles include: • an asset based approach that builds on the strengths that exist within our community; • evidence based approach that acknowledges the needs and aspirations of our community; • access and equity to ensure a socially inclusive community; • valuing collaborations and partnerships; and • valuing the social, economic and environmental sustainability of our City. Eligibility Criteria To be eligible to apply for a Community Grant with the City of Grand Terrace, applicants must meet the following criteria: • The grant application must be for the furtherance of a public purpose benefiting the City. • Organizations must be located within, or offer a project within, the City of Grand Terrace municipality. • Applications must have a focus on City of Grand Terrace’s local communities. • Applicants must have no outstanding debts to the City of Grand Terrace. • Activities must take place by the end of the then current fiscal year, June 30th. Note that a single project, event, activity or program will only be considered for one City of Grand Terrace grant program at a time. Community Benefits Fund Outcomes To contribute towards our vision for the City of Grand Terrace, Community Grants are provided to schools and not-for-profit sports and community organizations to carry out a municipal purpose while improving the people’s quality of life. While the grants aim to improve the quality of life of all people, priority is placed on proposals that highlight on: • Youth Programs; and • Community Events; Applicants are required to outline how the application will contribute to one or more of the outcomes listed below. • People are healthy:  Relates to people’s physical and mental health and wellbeing  Relates to increasing opportunities for physical activity. • People are safe:  Relates to people’s perceptions of feeling safe within their community  Relates to people’s knowledge of how to reduce personal injury and harm. • People are connected and participate:  Relates to people’s connections to their community. Community often relates to geographic locations but can also relate to family networks, support networks, people with common or shared beliefs, values, friendships, interests and activities. 8.a Packet Pg. 159 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 4  Participation relates to people volunteering, participating in civic life, being engaged in decisions and involved in planning, developing and delivering solutions. • People have knowledge and skills:  Relates to people having the opportunity for lifelong learning and gaining the knowledge and skills required to participate in education, employment and their community. • People feel they belong:  Relates to people feeling they belong and having the opportunity to freely express and celebrate who they are, regardless of culture or identity.  Relates to people having an understanding of other people, their culture and identity. Dates • Applications must be submitted by 1st of each month for consideration at second council meeting of the month; and • Council will fund one application per organization. Funding Categories The total budget for the 2016 Community Benefits Fund program is approximately $25,000. Grants will be awarded up to a maximum amount of $2,000 for a project and must be completed during the current fiscal year (June 30). Below lists the funding set aside for each project/activity: Category Total Budget Youth Programs $10,000 Art, Business & Service Organizations $5,000 Community Waiver Requests $5,000 Other (ex. economic development enhancements, etc.) $5,000 TOTAL $25,000 Successful Applications • Successful applicants will be required to sign a letter of agreement that outlines the terms and conditions of funding. • Successful applicants will be required to provide participation data, and data that demonstrate if the funded application has achieved City Council’s outcomes. What will not be Funded • commercial activities and organizations; • fundraising activities, competitions, prizes and award exhibitions; • permanent staff costs; • organizational core operating costs such as funding for permanent staff members, insurance and utilities, interstate or international travel costs; • projects that duplicate existing services and programs; • projects with a sole religious or political purpose; • activities, projects, programs and events that have already taken place; • activities, projects, programs and events that have already been funded through other City of Grand Terrace programs or activities, another grant and sponsorship program, or through an existing funding agreement with the City of Grand Terrace; and • City of Grand Terrace owned or run activities, projects, programs and events. Assessment Process After the grants program has closed and we have received your application: • You will receive an email confirming receipt of your application; • City staff will review all applications for eligibility. Ineligible applicants will be notified that their application is ineligible; • City staff will review all eligible applications and make funding recommendations to City Council. 8.a Packet Pg. 160 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 5 • The City of Grand Terrace makes the final decision on the outcome of all eligible applications; • All applicants will receive a letter with the result of their application; • The list of successful applicants will be published on the City of Grand Terrace’s website approximately a month after all applicants have been notified of the outcome of their application. Assessment Criteria The Community Grants program is a non-competitive grant process. Applications are assessed against the assessment criteria below. The City of Grand Terrace may receive more funding applications than it can support and applications will be awarded based on availability of funds and reviewing the sub-committee’s recommendation. We reserve the right to reject any application that does not meet the eligibility criteria or the assessment criteria. The City of Grand Terrace also reserves the right to request further information in considering applications. To give your application the best chance, ensure the information included in the application addresses these criteria. Weighting All grant applications must be for a public purpose that benefits the City. Each application will be reviewed with the following assessment criteria: Alignment to the Community Benefits Fund Outcomes (30 per cent weighting) • Are the application’s aims and outcomes clearly identified? • Does the application support the Community Benefits Fund Outcomes? • How is the project evaluated – how will they know if the project has achieved the community grants outcomes? Community Needs (20 per cent weighting) • Is there a clearly identified and demonstrated local need for this application? • Does the application and activities identified effectively address this need? • Has the application appropriately engaged with the local community? • Have local people, participants, members or service users been involved in identifying this need and have input into the response? Organizational Capacity (20 per cent weighting) • Is the application well planned and achievable within the timeframe? • Is there a clear link between the community need, the community outcomes and the activities that will be delivered? • Does the application identify appropriate partners that will work with them in a collaborative way? • Is the scope of the project appropriate? Access and Equity (15 per cent weighting) • Does the application address issues of social exclusion or barriers to participation? • Does the application target children of the community? • Is the application accessible and inclusive? Budget (15 per cent weighting) • Does the budget accurately reflect the scope and scale of the application? • Have other funding sources been identified? • Have the resources that are required to deliver the project been clearly identified? • Is the application financially viable and does it demonstrate sound management? Other Factors that influence the final decisions for funding include: • Supporting as many local organisations as possible and providing opportunities for new and emerging organisations and communities. 8.a Packet Pg. 161 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 6 • Other funding provided to organisations by the City of Grand Terrace. • Supporting a variety of organisations, community outcomes and community target groups. Essential Attachments for all Applications • Ideally applicants must provide a certificate of currency for public liability or other relevant insurance. Alternatively, applicants can provide a risk assessment document identifying risks associated with their application and explaining how these risks will be managed. City Council may determine that the risk assessment document is inadequate and require appropriate insurance coverage prior to releasing funding. • If you are applying for capital works or maintenance on a community facility, you must submit at least one quote. • To give your application the best chance at being successful, it is recommended that significant single expenditure items (e.g. single items like computers or items over $1000) include full details within the budget or ideally a quote. • If quotes are provided by family, friends or committee members, you are required to declare this. Lobbying Canvassing or lobbying of City Council Members or City employees in relation to any grants and sponsorship application is prohibited during the application process. No further consideration will be given to an application submitted by an applicant that canvasses or lobbies a City Council Member or City employee in relation to their application. Grant Terms and Conditions If your application is successful, you will be required to: • Sign a funding agreement or a letter of agreement with the City of Grand Terrace that provides details about the terms and conditions of funding. • The funding agreement or letter of agreement will outline data collection and reporting requirements specific to your application. • All applications need to be assigned a grant manager who is the primary contact for the delivery of the successful project. • In some instances, you may be required to meet or discuss your project with the City staff, City Council or the City Manager and provide revised information. • Issue the City of Grand Terrace with an invoice for the grant amount. • Supply all requested information prior to any funding being released. • Submit paperwork within the allocated timeframes. Funding is allocated from specific financial year budgets and if paperwork is not submitted within the allocated timeframe, then funding is forfeited by the funded organization. • Use the funding allocated for the purposes specified in the application. Grants may not be used for any purpose other than for which it is granted, without the written permission from the City of Grand Terrace. • Deliver the project within the allocated budget. The City of Grand Terrace will not be responsible for shortfalls in project budgets if the applicant is unable to meet project costs. • The City of Grand Terrace must be acknowledged in all promotional materials relating to the successful application, including use of the logo (with City Council prior approval). • The City Council will be invited to attend any significant launches or events associated with this project. • Complete the project by the end of the current fiscal year (30 June). • Provide an acquittal report at the end of the project that includes the data collection requirements agreed to in the funding agreement or letter of agreement. Completing and Submitting your Application The Grand Terrace Community Benefits Fund (GT-CBF) will accept applications at the first of each month. We can receive written funding requests by email at gtcbhfundingrequests@grandterrace-ca.gov or by fax to (909) 824-6623. You can also submit your application via postal service or other express delivery courier to Grand Terrace Community Benefits Fund, 22795 Barton Road, Grand Terrace, CA 92313-5295. Questions can be directed to gtcbhfundingrequests@grandterrace-ca.gov or by phone at (909) 824-6621 extension 6. 8.a Packet Pg. 162 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) Page 7 Additional Information Arts Grants The arts program category is open to all artists and arts organizations. Grants are available for arts projects or activities, in any art form or practice that takes place in the City of Grand Terrace. The arts program offers anyone with a great idea and an artistic outcome in the City of Grand Terrace the opportunity to apply for funding. Small Business Grants Small business grants for start-up, business expansion, export entry, business support services and micro businesses. Social Enterprise Under the social enterprise grants program, businesses creating or expanding employment and self-employment opportunities for disadvantaged persons are eligible to apply. Business Events Sponsorship For business events and conferences held in the City of Grand Terrace municipality. Events Partnership Program Annual sponsorship for events that enhance Grand Terrace’s events calendar. 8.a Packet Pg. 163 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov GT-CBF FUNDING APPLICATION PURPOSE Grand Terrace City Council’s Community Benefits Fund (GT-CBF) provides funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City. Projects or activities that achieve one or more of the following criteria may be eligible for funding: • to increase community identity and participation; • to increase services benefitting our youth, seniors and the community; • to build innovative and effective responses to emerging community needs and social issues; and • to increase the skills, knowledge and understanding within the community to respond to community issues and need. FUNDING CONSIDERATIONS and PROCESS Grants will be awarded up to a maximum amount of $2,000 for a project and must be completed during the current fiscal year (June 30). Below lists the funding set aside for each category: Category Total Budget Youth Programs $10,000 Art, Business & Service Organizations $5,000 Community Waiver Requests $5,000 Other (ex. economic development enhancements, etc.) $5,000 TOTAL $25,000 Please refer to the Community Benefits Fund 2016 Guideline for a comprehensive list of projects or activities that will not be considered for funding. All qualified applications will be submitted to City Council for review and approval. SUBMITTING YOUR APPLICATION The Grand Terrace Community Benefits Fund (GT-CBF) will accept applications at the first of each month. We can receive written funding requests by email at gtcbhfundingrequests@grandterrace-ca.gov or by fax to (909) 824-6623. You can also submit your application via postal service or other express delivery courier to Grand Terrace Community Benefits Fund, 22795 Barton Road, Grand Terrace, CA 92313-5295. Questions can be directed to gtcbhfundingrequests@grandterrace-ca.gov or by phone at (909) 824-6621 extension 6. 8.a Packet Pg. 164 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov ORGANIZATION INFORMATION Organization Name: Organization Mission: Organization Contact #1: Name: Title: Mailing Address: City, State, Zip Code Phone & E-mail: Phone: E-mail: Organization Contact #2: Name: Title: Mailing Address: City, State, Zip Code Phone & E-mail: Phone: E-mail: Have you ever applied for funding through the City’s Community Benefit FUND (CBH) before? ☐ Yes ☐ No If yes, please list each time you’ve applied, the outcome, whether you were granted funding or not, the amount your organization originally requested and the amount approved, if any. Purpose of Prior Funding Requests (if any) Request Date Amount Requested Amount Approved (if any) 1. 2. 3. 4. 5. Date of Application: Requested Amount: 8.a Packet Pg. 165 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) CITY OF GRAND TERRACE COMMUNITY BENEFITS FUND (GT-CBF) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313-5295 www.grandterrace-ca.gov PROJECT INFORMATION Project/Activity Title: Project/Activity Description (description of event the organization is seeking funding for) Describe how the project/activity is for a public purpose and benefits the residents and or community of Grand Terrace Project/Activity Target Population: ☐ Youth ☐ Seniors ☐ Women ☐ Low- Income ☐ Businesses ☐ Disabled Persons ☐ Yes ☐ Entire Community Project/Activity Date: Location of Project/Activity: Detailed description of how the funds will be utilized. Negative Impact should funding not be approved: Submit completed application to: City of Grand Terrace City Manager’s Office 22795 Barton Road Grand Terrace, CA 92313-5295 Attn: G. Harold Duffey 8.a Packet Pg. 166 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 0 9 - F o u n d a t i o n o f G T ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) 8.b Packet Pg. 167 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 1 0 - L i b r a r y S u m m e r R e a d i n g P r o g r a m ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) 8.b Packet Pg. 168 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 1 0 - L i b r a r y S u m m e r R e a d i n g P r o g r a m ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) 8.b Packet Pg. 169 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 1 0 - L i b r a r y S u m m e r R e a d i n g P r o g r a m ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s ) 8.b Packet Pg. 170 At t a c h m e n t : C B F 2 0 1 5 - 1 6 - 0 1 0 - L i b r a r y S u m m e r R e a d i n g P r o g r a m ( 1 9 0 7 : M a y 2 0 1 6 A w a r d o f C o m m u n i t y B e n e f i t F u n d s )